Funding of services -- Private contractor. (1) (a) A health care provider, as defined in Section 78B-3-403, who provides health care to an individual before the individual is booked into a county jail by a competent authority, is authorized to disclose to the competent authority whether the individual is medically cleared for incarceration. (b) The disclosure under Subsection (1)(a) shall be made in writing if requested by the competent authority. (2) Except as provided in Subsection (8), a sheriff shall: (a) receive each prisoner 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) subject to Subsection (7), provide each prisoner health 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 prisoner by reason of delay or the denial of health 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); (e) (i) within 30 days after a prisoner is committed to jail, use an evidence-based screening tool to screen each inmate for substance use disorders; and (ii) use the results of the screening to assist with providing programming and treatment options for the prisoner; (f) cooperate with health care personnel to continue a medication assisted treatment plan for a prisoner if the prisoner was an active client before arrest and commitment; and (g) ensure that each female prisoner younger than 50 years old who has been incarcerated for longer than 72 hours on a state or local criminal offense is offered, which the prisoner may reject, a test for pregnancy. (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, as that term is defined in Section 64-13-46, including the reporting requirements described in Subsections 17-22-32(2)(m) and (n). (5) (a) Except as provided in Section 17-72-506 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)(f): (a) shall be administered to a prisoner in accordance with the prisoner'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) (a) A sheriff may not initiate any of the following procedures or treatments for a prisoner: (i) a cross-sex hormone treatment; (ii) a primary sex characteristic surgical procedure; or (iii) a secondary sex characteristic surgical procedure. (b) Subject to Subsection (7)(a) and Section 17-72-503, a sheriff may provide psychotherapy, mental health care, or any other necessary and appropriate treatment to treat a prisoner's gender dysphoria and any co-occuring mental health disorder. (8) 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.
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