Ariz. Admin. Code § 9-10-1309

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

Section R9-10-1309 - Patient Rights

An administrator shall ensure that:

1. A patient:

a. Has privacy in treatment and personal care needs;

b. Has the opportunity for and privacy in correspondence, communications, and visitation unless:

i. Restricted by court order; or

ii. Contraindicated on the basis of clinical judgment, as documented in the patient's medical record;

c. Is given the opportunity to seek, speak to, and be assisted by legal counsel:

i. Whom the court assigns to the patient, or

ii. Whom the patient obtains at the patient's own expense; and

d. Is not subjected to:

i. Abuse;

ii. Neglect;

iii. Exploitation;

iv. Coercion;

v. Manipulation;

vi. Seclusion, if not necessary to prevent imminent harm to self or others;

vii. Restraint, if not necessary to prevent imminent harm to self or others;

viii. Sexual abuse according to A.R.S. § 13-1404; or

ix. Sexual assault according to A.R.S. § 13-1406; and

2. A patient or the patient's representative:

a. Is provided with the opportunity to participate in the development of the patient's treatment plan and in treatment decisions before the treatment is initiated, except in a medical emergency;

b. Is provided with information about proposed treatments, alternatives to treatments, associated risks, and possible complications;

c. Is allowed to control the patient's finances and have access to the patient's personal funds account according to the behavioral health specialized transitional facility's policies and procedures specified in R9-10-1302(C)(1)(j);

d. Has an opportunity to review the medical record for the patient according to the behavioral health specialized transitional facility's policies and procedures; and

e. Receives information about the behavioral health specialized transitional facility's policies and procedures for:

i. Health care directives;

ii. Filing complaints, including the telephone number of an individual at the behavioral health specialized transitional facility to contact about a complaint and the Department's telephone number; and

iii. Petitioning a court for a patient's discharge or conditional release to a less restrictive alternative.

Ariz. Admin. Code § R9-10-1309

Emergency rule adopted effective November 29, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again effective February 28, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency rule adopted again effective May 28, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency rule adopted again effective August 27, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-3). Adopted with changes effective November 25, 1992 (Supp. 92-4). Section R9-10-1309 repealed 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). 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 expedited rulemaking at 24 A.A.R. 2764, effective 9/11/2018.

The following Section was repealed 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 the repealing of these rules.