Ariz. Admin. Code § 9-21-202

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

Section R9-21-202 - Right to Support and Treatment

A. A client has the following rights with respect to the client's support and treatment:

1. The right to behavioral health services or community services:

a. Under conditions that support the client's personal liberty and restrict personal liberty only as provided by law or in this Chapter;

b. From a flexible service system that responds to the client's needs by increasing, decreasing and changing services as needs change;

c. Provided in a way that:

i. Preserves the client's human dignity;

ii. Respects the client's individuality, abilities, needs, and aspirations without regard to the client's psychiatric condition;

iii. Encourages the client's self-determination, freedom of choice, and participation in treatment to the client's fullest capacity;

iv. Ensures the client's freedom from the discomfort, distress and deprivation that arise from an unresponsive and inhumane environment;

v. Protects and promotes the client's privacy, including an opportunity whenever possible to be provided clearly defined private living, sleeping and personal care spaces; and

vi. Maximizes integration of the client into the client's community through services which are located in residential neighborhoods, rely as much as possible on generic support services to provide training and assistance in ordinary community experiences, and utilize specialized mental health programs that are situated in or near generic community services;

vii. Offers the client humane and adequate support and treatment that is responsive to the client's needs, recognizes that the client's needs may vary, and is capable of adjusting to the client's changing needs; and

d. That provide the client with an opportunity to:

i. Receive services that are adequate, appropriate, consistent with the client's individual needs, and least restrictive of the client's freedom;

ii. Receive treatment and services that are culturally sensitive in structure, process and content;

iii. Receive services on a voluntary basis to the maximum extent possible and entirely if possible;

iv. Live in the client's own home;

v. Undergo normal experiences, even though the experiences may entail an element of risk, unless the client's safety or well-being or that of others is unreasonably jeopardized; and

vi. Engage in activities and styles of living, consistent with the client's interests, which encourage and maintain the integration of the client into the community.

2. The right to ongoing participation in the planning of services as well as participation in the development and periodic revision of the individual service plan;

3. The right to be provided with a reasonable explanation of all aspects of one's condition and treatment;

4. The right to give informed consent to all behavioral health services and the right to refuse behavioral health services in accordance with A.R.S. §§ 36-512 and 36-513, except as provided for in A.R.S. §§ 36-520 through 36-544 and 13-3994;

5. The right not to participate in experimental treatment without voluntary, written informed consent; the right to appropriate protection associated with such participation; and the right and opportunity to revoke such consent;

6. The right to a humane treatment environment that affords protection from harm, appropriate privacy, and freedom from verbal or physical abuse;

7. The right to enjoy basic goods and services without threat of denial or delay. For residential service providers, these basic goods and services include at least the following:

a. A nutritionally sound diet of wholesome and tasteful food available at appropriate times and in as normal a manner as possible;

b. Arrangements for or provision of an adequate allowance of neat, clean, appropriate, and seasonable clothing that is individually chosen and owned;

c. Assistance in securing prompt and adequate medical care, including family planning services, through community medical facilities;

d. Opportunities for social contact in the client's home, work or schooling environments;

e. Opportunities for daily activities, recreation and physical exercise;

f. The opportunity to keep and use personal possessions; and

g. Access to individual storage space for personal possessions;

8. The right to be informed, in advance, of charges;

9. The right to a continuum of care in a unified and cohesive system of community services that is well integrated, facilitates the movement of clients among programs, and ensures continuity of care;

10. The right to a continuum of care that consists of, but is not limited to, clinical case management, outreach, supportive housing and residential services, crisis intervention and resolution services, mobile crisis teams, vocational training and opportunities, day treatment, rehabilitation services, peer support, social support, recreation services, advocacy, family support services, outpatient counseling and treatment, transportation, and medication evaluation and maintenance;

11. The right to a continuum of care with programs that offer different levels of intensity of services in order to meet the individual needs of each client;

12. The right to appropriate mental health treatment, based on each client's individual and unique needs, and to those community services from which the client would reasonably benefit;

13. The right to community services provided in the most normal and least restrictive setting, according to the least restrictive means appropriate to the client's needs;

14. The right to clinical case management services and a case manager. The clinical team negotiates and oversees the provision of services and ensures the client's smooth transition with service providers and among agencies;

15. The right to participate in treatment decisions and in the development and implementation of the client's ISP, and the right to participate in choosing the type and location of services, consistent with the ISP;

16. The right to prompt consideration of discharge from an inpatient facility and the identification of the steps necessary to secure a client's discharge as part of an ISP;

17. The rights prescribed in Articles 3 and 4 of this Chapter, including the right to:

a. A written individual service plan;

b. Assert grievances; and

c. Be represented by a qualified advocate or other designated representative of the client's choosing in the development of the ISP and the inpatient treatment and discharge plan and in the grievance process, in order to understand, exercise and protect the client's rights.

B. Subsection (A) shall not be construed to confer constitutional or statutory rights not already present.

Ariz. Admin. Code § R9-21-202

Adopted under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, §61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30, 2003 (Supp. 03-2). Amended by final rulemaking at 29 A.A.R. 898, effective 5/30/2023.