Ariz. Admin. Code § 9-10-410

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-10-410 - Resident Rights

A. An administrator shall ensure that:

1. The requirements in subsection (B) and the resident rights in subsection (C) are conspicuously posted on the premises;

2. At the time of admission, a resident or the resident's representative receives a written copy of the requirements in subsection (B) and the resident rights in subsection (C); and

3. Policies and procedures include:

a. How and when a resident or the resident's representative is informed of resident rights in subsection (C), and

b. Where resident rights are posted as required in subsection (A)(1).

B. An administrator shall ensure that:

1. A resident has privacy in:

a. Treatment,

b. Bathing and toileting,

c. Room accommodations, and

d. A visit or meeting with another resident or an individual;

2. A resident is treated with dignity, respect, and consideration;

3. A resident is not subjected to:

a. Abuse;

b. Neglect;

c. Exploitation;

d. Coercion;

e. Manipulation;

f. Sexual abuse;

g. Sexual assault;

h. Seclusion;

i. Restraint;

j. Retaliation for submitting a complaint to the Department or another entity; or

k. Misappropriation of personal and private property by a nursing care institution's personnel members, employees, volunteers, or students; and

4. A resident or the resident's representative:

a. Except in an emergency, either consents to or refuses treatment;

b. May refuse or withdraw consent for treatment before treatment is initiated;

c. Except in an emergency, is informed of proposed alternatives to psychotropic medication or a surgical procedure and the associated risks and possible complications of the psychotropic medication or surgical procedure;

d. Is informed of the following:

i. The health care institution's policy on health care directives, and

ii. The resident complaint process;

e. Consents to photographs of the resident before the resident is photographed, except that the resident may be photographed when admitted to a nursing care institution for identification and administrative purposes;

f. May manage the resident's financial affairs;

g. May review the nursing care institution's current license survey report and, if applicable, plan of correction in effect;

h. Has access to and may communicate with any individual, organization, or agency;

i. May participate in a resident group;

j. May review the resident's financial records within two working days and medical record within one working day after the resident's or the resident's representative's request;

k. May obtain a copy of the resident's financial records and medical record within two working days after the resident's request and in compliance with A.R.S. § 12-2295;

l. Except as otherwise permitted by law, consents, in writing, to the release of information in the resident's:

i. Medical record, and

ii. Financial records;

m. May select a pharmacy of choice if the pharmacy complies with policies and procedures and does not pose a risk to the resident;

n. Is informed of the method for contacting the resident's attending physician;

o. Is informed of the resident's total health condition;

p. Is provided with a copy of those sections of the resident's medical record that are required for continuity of care free of charge, according to A.R.S. § 12-2295, if the resident is transferred or discharged;

q. Is informed in writing of a change in rates and charges at least 60 calendar days before the effective date of the change; and

r. Except in the event of an emergency, is informed orally or in writing before the nursing care institution makes a change in a resident's room or roommate assignment and notification is documented in the resident's medical record.

C. A resident has the following rights:

1. Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;

2. To receive treatment that supports and respects the resident's individuality, choices, strengths, and abilities;

3. To choose activities and schedules consistent with the resident's interests that do not interfere with other residents;

4. To participate in social, religious, political, and community activities that do not interfere with other residents;

5. To retain personal possessions including furnishings and clothing as space permits unless use of the personal possession infringes on the rights or health and safety of other residents;

6. To share a room with the resident's spouse if space is available and the spouse consents;

7. To receive a referral to another health care institution if the nursing care institution is not authorized or not able to provide physical health services or behavioral health services needed by the resident;

8. To participate or have the resident's representative participate in the development of, or decisions concerning, treatment;

9. To participate or refuse to participate in research or experimental treatment; and

10. To receive assistance from a family member, the resident's representative, or other individual in understanding, protecting, or exercising the resident's rights.

Ariz. Admin. Code § R9-10-410

New Section R9-10-410 made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, effective 7/1/2014.