Ariz. Admin. Code § 9-10-711

Current through Register Vol. 30, No. 20, May 17, 2024

Section R9-10-711 - Resident Rights

A. An administrator shall ensure that:

1. The requirements in subsection (B) and the resident rights in subsection (E) 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 (E); and

3. Policies and procedures include:

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

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

B. An administrator shall ensure that:

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

2. 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;

k. Misappropriation of personal and private property by the behavioral health residential facility's personnel members, employees, volunteers, or students;

l. Discharge or transfer, or threat of discharge or transfer, for reasons unrelated to the resident's treatment needs, except as established in a fee agreement signed by the resident or the resident's representative; or

m. Treatment that involves the denial of:

i. Food,

ii. The opportunity to sleep, or

iii. The opportunity to use the toilet;

3. Except as provided in subsection (C) or (D), and unless restricted by the resident's representative, a resident is allowed to:

a. Associate with individuals of the resident's choice, receive visitors, and make telephone calls during the hours established by the behavioral health residential facility;

b. Have privacy in correspondence, communication, visitation, financial affairs, and personal hygiene; and

c. Unless restricted by a court order, send and receive uncensored and unopened mail; 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, unless the treatment is:

i. Ordered by a court according to A.R.S. Title 36, Chapter 5 or A.R.S. § 8-341.01;

ii. Necessary to save the resident's life or physical health; or

iii. Provided according to A.R.S. § 36-512;

c. Except in an emergency, is informed of proposed treatment alternatives, associated risks, and possible complications;

d. Is informed of the following:

i. The behavioral health residential facility's policy on health care directives, and

ii. The resident complaint process; and

e. Except as otherwise permitted by law, provides written consent to the release of information in the resident's:

i. Medical record, or

ii. Financial records.

C. For a behavioral health residential facility with licensed capacity of less than 10 residents, if a behavioral health professional determines that a resident's treatment requires the behavioral health residential facility to restrict the resident's ability to participate in the activities in subsection (B)(3), the behavioral health professional shall:

1. Document a specific treatment purpose in the resident's medical record that justifies restricting the resident from the activity,

2. Inform the resident or resident's representative of the reason why the activity is being restricted, and

3. Inform the resident or resident's representative of the resident's right to file a complaint and the procedure for filing a complaint.

D. For a behavioral health residential facility with a licensed capacity of 10 or more residents, if a clinical director determines that a resident's treatment requires the behavioral health residential facility to restrict the resident's ability to participate in the activities in subsection (B)(3), the clinical director shall comply with the requirements in subsections (C)(1) through (3).

E. 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:

a. Supports and respects the resident's individuality, choices, strengths, and abilities;

b. Supports the resident's personal liberty and only restricts the resident's personal liberty according to a court order, by the resident's or the resident's representative's general consent, or as permitted in this Chapter; and

c. Is provided in the least restrictive environment that meets the resident's treatment needs;

3. To receive privacy in treatment and care for personal needs, including the right not to be fingerprinted, photographed, or recorded without consent, except:

a. A resident may be photographed when admitted to a behavioral health residential facility for identification and administrative purposes;

b. For a resident receiving treatment according to A.R.S. Title 36, Chapter 37; or

c. For video recordings used for security purposes that are maintained only on a temporary basis;

4. Not to be prevented or impeded from exercising the resident's civil rights unless the resident has been adjudicated incompetent or a court of competent jurisdiction has found that the resident is not able to exercise a specific right or category of rights;

5. To review, upon written request, the resident's own medical record according to A.R.S. §§ 12-2293, 12-2294, and 12-2294.01;

6. To be provided locked storage space for the resident's belongings while the resident receives treatment;

7. To have opportunities for social contact and daily social, recreational, or rehabilitative activities;

8. To be informed of the requirements necessary for the resident's discharge or transfer to a less restrictive physical environment;

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

10. To participate or have the resident's representative participate in the development of a treatment plan or decisions concerning treatment;

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

12. 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 § R9-10-711

Adopted effective November 1, 1998, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1998, Ch. 178, §17; filed with the Office of the Secretary of State October 2, 1998 (Supp. 98-4). Section repealed; new Section 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. Amended by final rulemaking at 25 A.A.R. 1583, effective 10/1/2019.

The following Section was adopted under an exemption from the provisions of the Administrative Procedure Act which means these rules were not reviewed by the Governor's Regulatory Review Council; the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the Department was not required to hold public hearings on these rules (Supp. 98-4).