Ariz. Admin. Code § 9-10-511

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

Section R9-10-511 - Resident Rights

A. An administrator shall ensure that:

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

3. Policies and procedures include:

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

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

B. An administrator shall ensure that:

1. A resident has privacy in:

a. Treatment,

b. Bathing and toileting,

c. Room accommodations, and

d. Visiting or meeting with another resident or an individual;

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

3. A resident is not subjected to:

a. Abuse;

b. Neglect;

c. Exploitation;

d. Coercion;

e. Manipulation;

f. Sexual abuse;

g. Sexual assault;

h. Except as allowed in R9-10-515, seclusion or restraint;

i. Retaliation for submitting a complaint to the Department or another entity;

j. Misappropriation of personal and private property by an ICF/IID's personnel members, employees, volunteers, or students; or

k. Segregation solely on the basis of the resident's disability; 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;

c. Except in an emergency, is informed of proposed alternatives to psychotropic medication and the associated risks and possible complications of the psychotropic medication;

d. Is informed of the following:

i. The health care institution's policy on health care directives, and

ii. The resident complaint process;

e. Consents to photographs of the resident before the resident is photographed, except that the resident may be photographed when admitted to an ICF/IID for identification and administrative purposes;

f. May manage the resident's financial affairs;

g. Has access to and may communicate with any individual, organization, or agency;

h. Except as provided in the resident's individual program plan, has privacy:

i. In interactions with other residents or visitors to the ICF/IID,

ii. In the resident's mail, and

iii. For telephone calls made by or to the resident;

i. May review the ICF/IID's current license survey report and, if applicable, plan of correction in effect;

j. May review the resident's financial records within two working days and medical record within one working day after the resident's or the resident's representative's request;

k. May obtain a copy of the resident's financial records and medical record within two working days after the resident's request and in compliance with A.R.S. § 12-2295;

l. Except as otherwise permitted by law, consents, in writing, to the release of information in the resident's:

i. Medical record, and

ii. Financial records;

m. May select a pharmacy of choice if the pharmacy complies with policies and procedures and does not pose a risk to the resident;

n. Is informed of the method for contacting the resident's attending physician;

o. Is informed of the resident's overall physical and psychosocial well-being, as determined by the resident's comprehensive assessment;

p. Is provided with a copy of those sections of the resident's medical record that are required for continuity of care free of charge, according to A.R.S. § 12-2295, if the resident is transferred or discharged; and

q. Except in the event of an emergency, is informed orally or in writing before the ICF/IID makes a change in a resident's room or roommate assignment and notification is documented in the resident's medical record.

C. In addition to the rights in A.R.S. § 36-551.01, 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 supports and respects the resident's individuality, choices, strengths, and abilities;

3. To choose activities and schedules consistent with the resident's interests that do not interfere with other residents;

4. To participate in social, religious, political, and community activities that do not interfere with other residents;

5. To retain personal possessions including furnishings and clothing as space permits unless use of the personal possession infringes on the rights or health and safety of other residents;

6. To share a room with the resident's spouse if space is available and the spouse consents;

7. To receive a referral to another health care institution if the ICF/IID is not authorized or not able to provide active treatment or other physical health services or behavioral care needed by the resident;

8. To participate or have the resident's representative participate in the development of the resident's individual program plan or decisions concerning treatment;

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

10. 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 § R9-10-511

Adopted as an emergency effective October 26, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted without change as an emergency effective January 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Readopted without change as an emergency effective April 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Emergency expired. Readopted without change as an emergency effective July 31, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Permanent rules adopted with changes effective October 30, 1989 (Supp. 89-4). Section repealed, new Section adopted effective April 4, 1994 (Supp. 94-2). Amended 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. Adopted by final rulemaking at 25 A.A.R. 1222, effective 4/25/2019