Ariz. Admin. Code § 9-21-510

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

Section R9-21-510 - Informed Consent in Voluntary Application for Admission and Treatment

A. Prior to beginning any course of medication or other treatment for an individual who is subject to voluntary admission under A.R.S. §§ 36-518 and 36-522, a mental health agency shall obtain an informed consent to treatment and enter it in the medical record. For all clients, the informed consent shall be obtained according to R9-21-206.01.

B. For clients, the mental health agency shall make reasonable inquiry into an individual's capacity to give informed consent, record these findings, and enter these findings in the client's ISP or record pursuant to Articles 2 and 3 of this Chapter. For non-clients, the agency shall adopt admission procedures that shall include the following:

1. The medical director or the medical director's designee shall make reasonable inquiry into an individual's capacity to give informed consent.

2. The medical director or the medical director's designee shall record his findings regarding the individual's capacity to give and of having given informed consent.

3. That the findings of the medical director or the medical director's designee shall be entered into the individual's record.

C. Informed consent to treatment may be revoked at any time by a reasonably clear statement in writing.

1. An individual shall receive assistance in writing the revocation as necessary.

2. If informed consent to treatment is revoked, treatment shall be promptly discontinued, provided that a course of treatment may be concluded or phased out where necessary to avoid the harmful effects of abrupt withdrawal.

D. An informed consent form shall be signed by the individual and shall state that the following information was presented to the individual:

1. A fair explanation of the treatments and their purposes.

2. A description of any material and substantive risk reasonably to be expected.

3. An offer to answer any inquiries concerning the treatments.

4. Notice that the individual is free to revoke informed consent to treatment; and

5. For clients, all information required by R9-21-206.

Ariz. Admin. Code § R9-21-510

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 under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective September 30, 1993 (Supp. 93-3). Former Section R9-21-510 renumbered to R9-21-509; new Section R9-21-510 renumbered from R9-21-511 and amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30, 2003 (Supp. 03-2).