Current through Register Vol. 30, No. 38, September 20, 2024
A. A governing
authority shall:
1. Consist of one or more
individuals accountable for the organization, operation, and administration of
a substance abuse transitional facility;
2. Establish, in writing:
a. A substance abuse transitional facility's
scope of services, and
b.
Qualifications for an administrator;
3. Designate, in writing, an administrator
who meets the qualifications established in subsection (A)(2)(b);
4. Adopt a quality management program
according to R9-10-1403;
5. Review
and evaluate the effectiveness of the quality management program at least once
every 12 months;
6. Designate, in
writing, an acting administrator who has the qualifications established in
subsection (A)(2)(b) if the administrator is:
a. Expected not to be present on a substance
abuse transitional facility's premises for more than 30 calendar days,
or
b. Not present on a substance
abuse transitional facility's premises for more than 30 calendar days;
and
7. Except as
provided in subsection (A)(6), notify the Department according to A.R.S. §
36-425(I)
when there is a change in the administrator
and identify the name and qualifications of the new administrator.
B. An administrator:
1. Is directly accountable to the governing
authority for the daily operation of the substance abuse transitional facility
and all services provided by or at the substance abuse transitional
facility;
2. Has the authority and
responsibility to manage the substance abuse transitional facility;
and
3. Except as provided in
subsection (A)(6), designates, in writing, an individual who is present on a
substance abuse transitional facility's premises and accountable for the
substance abuse transitional facility when the administrator is not present on
the substance abuse transitional facility's premises.
C. An administrator shall ensure that:
1. Policies and procedures are established,
documented, and implemented to protect the health and safety of a participant
that:
a. Cover job descriptions, duties, and
qualifications, including required skills, knowledge, education, and experience
for personnel members, employees, volunteers, and students;
b. Cover orientation and in-service education
for personnel members, employees, volunteers, and students;
c. Include how a personnel member may submit
a complaint relating to services provided to a participant;
d. Cover the requirements in A.R.S. Title 36,
Chapter 4, Article 11;
e. Cover
cardiopulmonary resuscitation training, including:
i. The method and content of cardiopulmonary
resuscitation training, which includes a demonstration of the individual's
ability to perform cardiopulmonary resuscitation;
ii. The qualifications for an individual to
provide cardiopulmonary resuscitation training;
iii. The time-frame for renewal of
cardiopulmonary resuscitation training; and
iv. The documentation that verifies that the
individual has received cardiopulmonary resuscitation training;
f. Include a method to identify a participant to
ensure the participant receives physical health services and behavioral health
services as ordered;
g. Cover first aid training;
h.
Cover participant rights, including assisting a participant who does not speak
English or who has a physical or other disability to become aware of
participant rights;
i. Cover
specific steps for:
i. A participant to file
a complaint, and
ii. The substance
abuse transitional facility to respond to a participant's complaint;
j. Cover medical records, including electronic medical
records;
k. Cover quality management, including incident
reports and supporting documentation;
l. Cover contracted
services; and
m.Cover when an
individual may visit a participant in the substance abuse transitional
facility;
2.
Policies and procedures for services are established, documented, and
implemented to protect the health and safety of a participant that:
a. Cover participant screening, admission,
assessment, transfer, discharge planning, and discharge;
b. Include when general consent and informed
consent are required;
c. Cover the
provision of behavioral health services and physical health services;
d. Cover medication administration,
assistance in the self-administration of medication, and disposing of
medication, including provisions for inventory control and preventing diversion
of controlled substances;
e. Cover
infection control;
f. Cover environmental services that affect
participant care;
g. Cover the process for receiving a fee from
and refunding a fee to a participant or the participant's
representative;
h. Cover the
security of a participant's possessions that are allowed on the
premises;
i. Cover smoking tobacco
products on the premises;
j. Cover
how the facility will respond to a participant's sudden, intense, or
out-of-control behavior to prevent harm to the participant or another
individual; and
k. Cover how often
periodic monitoring occurs based on a participant's condition;
3. Policies and procedures are
reviewed at least once every three years and updated as needed;
4. Policies and procedures are available to
employees; and
5. Unless otherwise
stated:
a. Documentation required by this
Article is provided to the Department within two hours after a Department
request; and
b. When documentation
or information is required by this Chapter to be submitted on behalf of a
substance abuse transitional facility, the documentation or information is
provided to the unit in the Department that is responsible for licensing and
monitoring the substance abuse transitional facility.
D. An administrator shall provide
written notification to the Department of a participant's:
1. Death, if the participant's death is
required to be reported according to A.R.S. §
11-593,
within one working day after the participant's death; and
2. Self-injury, within two working days after
the participant inflicts a self-injury that requires immediate intervention by
an emergency medical services provider.
E. If abuse, neglect, or exploitation of a
participant is alleged or suspected to have occurred before the participant was
admitted or while the participant is not on the premises and not receiving
services from a substance abuse transitional facility's employee or personnel
member, an administrator shall immediately report the alleged or suspected
abuse, neglect, or exploitation of the participant
according to A.R.S.
§
46-454.
F. If an administrator has a
reasonable basis, according to A.R.S. §
46-454,
to believe that abuse, neglect, or exploitation has occurred on the premises or
while a participant is receiving services from a substance abuse transitional
facility's employee or personnel member, the administrator 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 participant
according to A.R.S.
§
46-454;
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
participant and any change to the participant's physical, cognitive,
functional, or emotional condition;
c. The names of witnesses to the suspected
abuse, neglect, or exploitation; and
d. The actions taken by the administrator 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. An administrator shall establish,
document, and implement a process for responding to a participant's need for
immediate and unscheduled behavioral health services or physical health
services.
H. An administrator shall
ensure that the following information or documents are conspicuously posted on
the premises and are available upon request to a personnel member, an employee,
a participant, or a participant's representative:
1. The participant rights listed in
R9-10-1409,
2. The facility's
current license,
3. The location at
which inspection reports are available for review or can be made available for
review, and
4. The days and times
when a participant may accept visitors and make telephone calls.