Ariz. Admin. Code § 9-12-201

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-12-201 - Administration

A. A licensee of a sober living home:

1. Has the authority and responsibility for the management of the sober living home, including when the licensee designates another individual or contracts with a person to accomplish an action or perform a service;

2. Shall establish, in writing, the scope of services to be provided by the sober living home;

3. Shall designate, in writing, an individual, who may be the licensee, as the manager of the sober living home; and

4. Shall ensure that the knowledge, skills, and experience of the manager and any other staff of the sober living home are sufficient to carry out the scope of services established according to subsection (A)(2).

B. A licensee shall ensure that:

1. A manager:

a. Is at least 21 years of age;

b. Is sober and has maintained sobriety for at least one year;

c. Resides on the premises of only the one sober living home;

d. Has documentation of current training in cardiopulmonary resuscitation; and

e. Is directly accountable to the licensee for:

i. The daily operation of the sober living home;

ii. Enforcing all policies and procedures, house rules, and other requirements of the sober living home; and

iii. All services provided by or at the sober living home;

2. Policies and procedures are established, documented, and implemented to:

a. Prevent or address any concerns or complaints from individuals living in the surrounding neighborhood by:

i. Identifying an individual for individuals living in the surrounding neighborhood to contact to discuss a concern;

ii. Requiring the identified individual to respond to a concern or complaint, even if the issue cannot be resolved; and

iii. Ensuring that requirements for residents and visitors related to parking, noise emanating from the sober living home, smoking, cleanliness of the public space near the sober living home, and loitering in front of the sober living home or near-by homes are established, known to residents, and enforced; and

b. Promote the safety of the surrounding neighborhood, to comply with A.R.S. § 36-2062(A)(3); and

3. Policies and procedures are established, documented, and implemented to protect the health and safety of a resident that cover:

a. Recordkeeping;

b. Resident acceptance;

c. Resident rights;

d. Orientation of a resident to:

i. The premises of the sober living home,

ii. The resident's rights and responsibilities,

iii. The prohibition of the possession of alcohol or illicit drugs at the sober living home,

iv. Services offered by or coordinated through the sober living home,

v. Drug and alcohol testing practices, and

vi. Expectations about food preparation and chores;

e. Drug and alcohol testing conducted by an independent testing facility certified under 42 C.F.R. 493 for the sober living home and other assessments of sobriety, including:

i. The frequency of testing or assessment, based on the residents accepted; and

ii. The compounds included in the testing panel or, if applicable, an assessment methodology, based on the sober living home's scope of services and residents accepted;

f. Allowing the acceptance and retention as a resident of an individual:

i. Who is receiving and will continue to receive medication-assisted treatment;

ii. Who has a co-occurring behavioral health issue, as defined in A.A.C. R9-10-101; or

iii. If included in the scope of services established according to subsection (A)(2), has a co-occurring medical condition;

g. House meetings, including:

i. Frequency;

ii. Typical duration; and

iii. Participation requirements, if applicable;

h. The provision of services, including:

i. Facilitating peer support activities;

ii. If applicable, providing other services on the premises to support sobriety or improve independent living;

iii. If applicable, coordinating the provision of services to support sobriety provided by other persons; and

iv. Referring a resident to other persons for the provision of services to support sobriety;

i. Residents' records, including electronic records if applicable;

j. The establishment, updating, and enforcement of house rules, including:

i. If applicable, curfews;

ii. Requirements related to chores, smoking, and visitors; and

iii. Requirements for the storage, security, and use of a resident's prescription medications or over-the-counter drugs;

k. Management of all monies received or spent by the sober living home, including:

i. Accounting for monies received by residents;

ii. Prohibiting a requirement for an individual or resident to sign a document relinquishing the resident's public assistance benefits, such as medical assistance, case assistance, or supplemental nutrition assistance program benefits, as a condition of residency; and

iii. Providing copy of the record of the resident's account to the resident or the resident's representative upon request;

l. Specific steps for:

i. A resident to file a complaint,

ii. The sober living home to respond to a resident's complaint, and

iii. The prevention of retaliation against a resident who files a complaint;

m. How the licensee or the manager will respond to:

i. A resident's loss of sobriety; or

ii. A resident's sudden, intense, or out-of-control behavior to prevent harm to the resident or another individual;

n. The provision of naloxone, including requirements for:

i. Informing the residents, the manager, and any other staff of the availability and location of the naloxone on the premises of the sober living home;

ii. Providing training to the manager and any other staff on the correct use of naloxone; and

iii. Ensuring the naloxone provided is available and not beyond the listed expiration date; and

o. Termination of residency, including:

i. Planning for termination of residency when the services provided by the sober living home are no longer needed by a resident, including assisting the resident to find other housing;

ii. Coordinating the relocation of a resident to a health care institution or another sober living home if the resident needs services outside the scope of services provided by the sober living home;

iii. Coordinating the relocation of a resident to another sober living home or other housing option if the resident terminates residency; and

iv. Addressing factors that may negatively impact the surrounding neighborhood.

C. A licensee shall:

1. Not act as a patient's representative; and

2. Ensure that a manager, an employee, or a family member of a manager or employee does not act as a resident's representative.

D. If a manager has a reasonable basis, according to A.R.S. § 46-454, to believe abuse or exploitation of a resident has occurred on the premises, the manager shall:

1. If applicable, take immediate action to stop the suspected abuse or exploitation;

2. Immediately report the suspected abuse or exploitation of the resident according to A.R.S. § 46-454;

3. Document:

a. The suspected abuse or exploitation,

b. Any action taken according to subsection (D)(1), and

c. The report in subsection (D)(2); and

4. Maintain the documentation in subsection (D)(3) for at least 12 months after the date of the report in subsection (D)(2).

E. A manager shall notify:

1. A resident's representative, family member, or other emergency contact designated by the resident according to R9-12-202(C)(2):

a. Within one calendar day after:

i. The resident's death, or

ii. The resident has an illness or injury that requires immediate intervention by an emergency medical services provider or treatment by a health care provider; and

b. Within seven calendar days after the manager determines that a resident is:

i. Incapable of handling financial affairs, or

ii. Not complying with the residency agreement; and 2. The Department, in a Department-provided format, of a resident's death, within one working day after the resident's death, if the resident's death is required to be reported according to A.R.S. § 11-593.

F. If a sober living home provides or arranges transportation for residents, a manager shall ensure that the vehicle used for transportation:

1. Is in good working order, and

2. Has a seat belt for each occupant of the vehicle.

G. A manger shall ensure that the following are conspicuously posted in a sober living home:

1. The license of the sober living home;

2. The name and contact information for the individual or business organization controlling the sober living home; and

3. A statement of resident's rights, including:

a. The right to file a complaint about the manager or the sober living home,

b. How to file a complaint about the manager or the sober living home, and

c. The phone number for the unit in the Department responsible for licensing and monitoring the sober living home.

H. A licensee shall ensure that a personnel record is established for a manager and any other staff of a sober living home that includes the individual's:

1. Name;

2. Date of birth;

3. Contact telephone number; and

4. Documentation of:

a. Verification of skills and knowledge sufficient to carry out the sober living home's scope of services;

b. Training in the use of naloxone; and

c. If applicable:

i. Certification in cardiopulmonary resuscitation, and

ii. Compliance with subsection (B)(1)(b).

I. A licensee shall ensure that:

1. The manager or other staff of the sober living home is on the premises within 30 minutes after notification by the Department of the Department's presence at the sober living home; and

2. The Department is allowed immediate access to all:

a. Areas of the premises;

b. Information in records pertaining to the sober living home or residents, except as prohibited by 42 CFR, Part 2; and

c. Staff or residents of the sober living home who are on the premises.

J. If the Department notifies the licensee of noncompliance with requirements in A.R.S. Title 36, Chapter 18, Article 4, or this Chapter, the licensee shall:

1. Within 14 calendar days after the date of the Department's notice of noncompliance, establish a plan of correction, if applicable, for correction of a deficiency; and

2. Ensure that a deficiency listed on the plan of correction is corrected within 30 calendar days after the date of the plan of correction or within a time period the Department and the licensee agree upon in writing.

Ariz. Admin. Code § R9-12-201

Adopted by final rulemaking at 25 A.A.R. 1419, effective 7/1/2019.