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: (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.
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