§ 64-13-49 — Inmate medical notification.

(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:

(3)(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:
(3)(a)(i) the day on which the inmate sustains the serious injury or contracts the serious illness; or
(3)(a)(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;
(3)(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
(3)(c) attempt to notify the designated contact if the inmate's physician determines notification is necessary because the inmate has a medical condition that:
(3)(c)(i) renders the inmate incapable of making health care decisions; or
(3)(c)(ii) may result in the inmate reaching end-of-life.
(4) The notification described in Subsection (3)(a) shall, without compromising an investigation, describe:

(4)(a) the serious injury or serious illness;
(4)(b) the extent of the serious injury or serious illness;
(4)(c) the medical treatment plan; and
(4)(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.

Legislative History

Enacted by Chapter 322, 2023 General Session