64-13-49. Inmate medical notification.

310 words·~1 min read·/ut/title-64/chapter-13/64-13-49

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)As used in this section, "health care facility" means the same as that term is defined in Section 26B-2-201 .

(2)Upon intake of an inmate, a correctional facility shall provide the inmate with a form that allows the inmate to designate a contact to whom the correctional facility may release the inmate's medical information in compliance with applicable federal law and Title 63G, Chapter 2, Government Records Access and Management Act .

(3)A correctional facility shall, without compromising an investigation:

(a)attempt to notify an inmate's designated contact that the inmate sustained a serious injury or contracted a serious illness within five days after:

(i)the day on which the inmate sustains the serious injury or contracts the serious illness; or

(ii)if the inmate is transferred to a health care facility as a result of the serious injury or serious illness, the day on which the inmate is released from the health care facility;

(b)attempt to notify the designated contact within 24 hours after the death of the inmate and include the manner of death in the notification, if known; or

(c)attempt to notify the designated contact if the inmate's physician determines notification is necessary because the inmate has a medical condition that:

(i)renders the inmate incapable of making health care decisions; or

(ii)may result in the inmate reaching end-of-life.

(4)The notification described in Subsection (3)(a) shall, without compromising an investigation, describe:

(a)the serious injury or serious illness;

(b)the extent of the serious injury or serious illness;

(c)the medical treatment plan; and

(d)if applicable, the medical treatment recovery plan.

(5)The department shall create a policy that a staff member provide the notification described in Subsection

(3)in a compassionate and professional manner.

Enacted by Chapter 322 , 2023 General Session