Ariz. Admin. Code § 9-10-1409

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

Section R9-10-1409 - Participant Rights

A. An administrator shall ensure that:

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

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

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

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

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

B. An administrator shall ensure that:

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

2. A participant 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 substance abuse transitional facility's personnel members, employees, volunteers, or students; or

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

3. A participant or the participant'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 alternatives to a proposed psychotropic medication, associated risks, and possible complications;

d. Is informed of the participant complaint process; and

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

i. Medical record, or

ii. Financial records.

C. A participant 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 participant's individuality, choices, strengths, and abilities;

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

c. Is provided in the least restrictive environment that meets the participant'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 participant may be photographed when admitted to a substance abuse transitional facility for identification and administrative purposes;

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

5. To receive a referral to another health care institution if the substance abuse transitional facility is not authorized or not able to provide behavioral health services or physical health services needed by the participant;

6. To participate or have the participant's representative participate in the development of or decisions concerning treatment;

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

8. To be provided locked storage space for the participant's belongings while the participant receives services; and

9. To be informed of the requirements necessary for the participant's discharge.

Ariz. Admin. Code § R9-10-1409

Adopted effective February 1, 1994 (Supp. 94-1). 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.