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

Terms Used In Utah Code 64-13-49

  • Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:
(a) by the department; or
(b) under a contract with the department. See Utah Code 64-13-1
  • Department: means the Department of Corrections. See Utah Code 64-13-1
  • Inmate: means an individual who is:
    (a) committed to the custody of the department; and
    (b) housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1
  • Serious illness: means , as determined by the inmate's physician, an illness that substantially impairs the inmate's quality of life. See Utah Code 64-13-1
  • Serious injury: means , as determined by the inmate's physician, bodily injury that involves a substantial risk of death, prolonged unconsciousness, prolonged and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 64-13-1
  • (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