As used in this section, “medication assisted treatment plan” means a prescription plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder.
Terms Used In Utah Code 17-22-8
Arrest: Taking physical custody of a person by lawful authority.
Contract: A legal written agreement that becomes binding when signed.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(a)
the power and duty to carry laws and ordinances into effect and secure their due observance; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1
(2)
Except as provided in Subsection (7), a sheriff shall:
(a)
receive each individual committed to jail by competent authority;
(b)
provide each prisoner with necessary food, clothing, and bedding in the manner prescribed by the county legislative body;
(c)
provide each prisoner medical care when:
(i)
the prisoner’s symptoms evidence a serious disease or injury;
(ii)
the prisoner’s disease or injury is curable or may be substantially alleviated; and
(iii)
the potential for harm to the person by reason of delay or the denial of medical care would be substantial;
(d)
provide each prisoner, as part of the intake process, with the option of continuing any of the following medically prescribed methods of contraception:
(i)
an oral contraceptive;
(ii)
an injectable contraceptive;
(iii)
a patch;
(iv)
a vaginal ring; or
(v)
an intrauterine device, if the prisoner was prescribed the intrauterine device because the prisoner experiences serious and persistent adverse effects when using the methods of contraception described in Subsections (2)(d)(i) and (ii); and
(e)
cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment.
(3)
A sheriff may provide the generic form of a contraceptive described in Subsection (2)(d)(i) or (ii).
(4)
A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in postpartum recovery, including the reporting requirements in Subsection 64-13-45(2)(c).
(5)
(a)
Except as provided in Section 17-22-10 and Subsection (5)(b), the expense incurred in providing the services required by this section to prisoners shall be paid from the county treasury.
(b)
The expense incurred in providing the services described in Subsection (2)(d) to prisoners shall be paid by the Department of Health and Human Services.
(6)
A medication used for a medication assisted treatment plan under Subsection (2)(e):
(a)
shall be administered to an inmate in accordance with the inmate’s prescription under the direction of the sheriff;
(b)
may be paid for by a county; and
(c)
may be left or stored at a jail at the discretion of the sheriff.
(7)
If the county executive contracts with a private contractor to provide the services required by this section, the sheriff shall provide only those services required of the sheriff by the contract between the county and the private contractor.
Amended by Chapter 119, 2023 General Session Amended by Chapter 420, 2023 General Session
