Ariz. Admin. Code § 9-10-1603

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

Section R9-10-1603 - Administration

A. A governing authority of a behavioral health respite home:

1. Consists of no more than two providers, who live in the behavioral health respite home;

2. Has the authority and responsibility to manage the behavioral health respite home;

3. Has a documented agreement with a collaborating health care institution that establishes the responsibilities of the behavioral health respite home and the collaborating health care institution, consistent with the requirements in this Chapter;

4. Shall establish, in writing, the behavioral health respite home's scope of services, which are approved by the collaborating health care institution; and

5. Shall ensure that:

a. Except as provided in R9-10-1612(A), no more than three recipients are accepted by the behavioral health respite home;

b. A provider is on the premises whenever a recipient is present in the behavioral health respite home;

c. Documentation required by this Article is provided to the Department within two hours after a Department request; and

d. When documentation or information is required by this Chapter to be submitted on behalf of the behavioral health respite home, the documentation or information is provided to the unit in the Department that is responsible for licensing the behavioral health respite home.

B. A provider:

1. Is at least 21 years of age;

2. Holds current certification in cardiopulmonary resuscitation and first aid training applicable to the ages of recipients;

3. Has the skills and knowledge established by the collaborating health care institution as specified in R9-10-118;

4. Has documentation of completion of training in assistance in the self-administration of medication as specified in R9-10-118; and

5. Has documentation of evidence of freedom from infectious tuberculosis:

a. On or before the date the provider begins providing services at or on behalf of the behavioral health respite home, and

b. As specified in R9-10-113.

C. A provider shall ensure that policies and procedures are:

1. Established, documented, and implemented to protect the health and safety of a recipient that cover:

a. Recordkeeping;

b. Recipient acceptance and release;

c. The release of a recipient under 18 years of age to an individual other than the recipient's parent or guardian;

d. Recipient rights;

e. The provision of respite care services, including coordinating the provision of behavioral health services;

f. Recipients' medical records, including electronic medical records;

g. Assistance in the self-administration of medication;

h. Infection control; and

i. How a provider will respond to a recipient's sudden, intense, or out-of-control behavior to prevent harm to the recipient or another individual;

2. Approved, in writing, by the behavioral health respite home's collaborating health care institution before implementation and when the policies and procedures are reviewed or updated; and

3. Reviewed by the provider and the behavioral health respite home's collaborating health care institution at least once every three years and updated as needed.

D. A provider shall provide written notification to the Department and the collaborating health care institution of a recipient's:

1. Death, if the recipient's death is required to be reported according to A.R.S. § 11-593, within one working day after the recipient's death; and

2. Self-injury, within two working days after the recipient inflicts a self-injury that requires immediate intervention by an emergency medical services provider.

E. If abuse, neglect, or exploitation of a recipient is alleged or suspected to have occurred before the recipient was accepted or while the recipient is not at a behavioral health respite home and not receiving services from the behavioral health respite home, a provider shall report the alleged or suspected abuse, neglect, or exploitation of the recipient as follows:

1. For a recipient 18 years of age or older, according to A.R.S. § 46-454; or

2. For a recipient under 18 years of age, according to A.R.S. § 13-3620.

F. If a provider has a reasonable basis, according to A.R.S. § 13-3620 or 46-454, to believe that abuse, neglect, or exploitation has occurred on the premises or while a recipient is receiving behavioral health respite home services , the provider shall:

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

2. Report the suspected abuse, neglect, or exploitation of the recipient as follows:

a. To the behavioral health respite home's collaborating health care institution; and

b. For a:

i. Recipient 18 years of age or older, according to A.R.S. § 46-454; and

ii. Recipient under 18 years of age, according to A.R.S. § 13-3620;

3. Document:

a. The suspected abuse, neglect, or exploitation;

b. Any action taken according to subsection (F)(1); and

c. The report in subsection (F)(2);

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

5. Initiate an investigation of the suspected abuse, neglect, or exploitation and document the following information within five working days after the report required in subsection (F)(2):

a. The dates, times, and description of the suspected abuse, neglect, or exploitation;

b. A description of any injury to the recipient related to the suspected abuse or neglect and any change to the recipient's physical, cognitive, functional, or emotional condition;

c. The names of witnesses to the suspected abuse, neglect, or exploitation; and

d. The action taken by the provider to prevent the suspected abuse, neglect, or exploitation from occurring in the future; and

6. Maintain a copy of the documented information required in subsection (F)(5) and any other information obtained during the investigation for at least 12 months after the date the investigation was initiated.

G. A provider shall ensure that a recipient under 18 years of age is only released to an individual who, according to policies and procedures:

1. Is designated by the recipient's parent or guardian to release the recipient, and

2. Presents documentation at the time of the recipient's release that verifies the individual's identity.

H. A provider shall maintain a record for each provider that includes:

1. The provider's:

a. Name,

b. Date of birth, and

c. Contact telephone number; and

2. Documentation of:

a. Verification of skills and knowledge, completed by the behavioral health respite home's collaborating health care institution;

b. Certification in cardiopulmonary resuscitation and first aid training;

c. Completion of training in assistance in the self-administration of medication, provided by the behavioral health respite home's collaborating health care institution; and

d. Evidence of freedom from infectious tuberculosis.

Ariz. Admin. Code § R9-10-1603

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.