1. (1) As used in this section, "health care facility" means the same as that term is defined in Section 26B-2-201.
2. (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. (3) A correctional facility shall, without compromising an investigation:

   1. (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:

      1. (i) the day on which the inmate sustains the serious injury or contracts the serious illness; or
      2. (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;
   2. (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:

      1. (i) renders the inmate incapable of making health care decisions; or
      2. (ii) may result in the inmate reaching end-of-life.

4. (4) The notification described in Subsection (3)(a) shall, without compromising an investigation, describe:

   1. (a) the serious injury or serious illness;
   2. (b) the extent of the serious injury or serious illness;
   3. (c) the medical treatment plan; and
   4. (d) if applicable, the medical treatment recovery plan.
5. (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