Current through Register Vol. 30, No. 38, September 20, 2024
A. A governing
authority for a health care institution not otherwise classified or
subclassified in A.R.S. Title 36, Chapter 4 or 9 A.A.C. 10 shall:
1. Consist of one or more individuals
responsible for the organization, operation, and administration of the health
care institution;
2. Establish, in
writing:
a. A health care institution's scope
of services, and
b. Qualifications
for an administrator;
3.
Designate, in writing, an administrator who has the qualifications established
in subsection (A)(2)(b);
4. Adopt a
quality management program according to R9-10-1703;
5. Review and evaluate the effectiveness of
the quality management program in R9-10-1703 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 health care institution's premises for more
than 30 calendar days, or
b. Not
present on a health care institution'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
when there is a change in an administrator and identify the name and
qualifications of the new administrator.
B. An administrator:
1. Is directly accountable to the governing
authority of a health care institution for the daily operation of the health
care institution and all services provided by or at the health care
institution;
2. Has the authority
and responsibility to manage the health care institution; and
3. Except as provided in subsection (A)(6),
designates, in writing, an individual who is present on the health care
institution's premises and accountable for the health care institution when the
administrator is not present on the health care institution'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 patient 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 patient;
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,
ii. The
qualifications for an individual providing 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 patient to ensure
the patient receives services as ordered;
g. Cover first aid
training;
h. Cover patient rights, including assisting a patient
who does not speak English or who has a physical or other disability to become
aware of patient rights;
i. Cover specific steps
for:
i. A patient to file a complaint,
and
ii. The health care institution
to respond to and resolve a patient complaint;
j. Cover medical
records, including electronic medical records;
k. Cover a quality
management program, including incident report and supporting
documentation;
l. Cover contracted services;
m.
Cover health care directives; and
n. Cover when an
individual may visit a patient in a health care institution;
2. Policies and procedures for
health care institution services are established, documented, and implemented
to protect the health and safety of a patient that:
a. Cover patient screening, admission,
assessment, treatment plan, transport, transfer, and discharge, if
applicable;
b. Cover patient
outings, if applicable;
c. Include
when general consent and informed consent are required;
d. Cover the provision of services listed in
the health care institution's scope of services;
e. Cover administering medication, assistance
in the self-administration of medication, and disposing of medication,
including provisions for inventory control and preventing diversion of
controlled substances, if applicable;
f. Cover infection control;
g. Cover telemedicine, if
applicable;
h. Cover environmental
services that affect patient care;
i. Cover smoking and the use of tobacco
products on the health care institution's premises;
j. Cover how the health care institution will
respond to a patient's sudden, intense, or out-of-control behavior to prevent
harm to the patient or another individual;
k. Cover how incidents are reported and
investigated; and
l. Designate
which employees or personnel members are required to have current certification
in cardiopulmonary resuscitation and first aid training;
3. Policies and procedures are reviewed at
least once every three years and updated as needed;
4. Policies and procedures are available to
personnel members, employees, volunteers, and students; and
5. Unless otherwise stated:
a. Documentation required by this Article is
provided to the Department within two hours after the Department's request;
and
b. When documentation or
information is required by this Chapter to be submitted on behalf of a health
care institution, the documentation or information is provided to the unit in
the Department that is responsible for licensing and monitoring the health care
institution.
D. If applicable, an administrator shall
designate a clinical director who:
1.
Provides direction for behavioral health services provided at the health care
institution, and
2. Is a behavioral
health professional.
E.
An administrator shall provide written notification to the Department of a
patient's:
1. Death, if the patient's death
is required to be reported according to A.R.S. §
11-593,
within one working day after the patient's death; and
2. Self-injury, within two working days after
the patient inflicts a self-injury that requires immediate intervention by an
emergency medical services provider.
F. If abuse, neglect, or exploitation of a
patient is alleged or suspected to have occurred before the patient was
admitted or while the patient is not on the premises and not receiving services
from a health care institution's employee or personnel member, an administrator
shall report the alleged or suspected abuse, neglect, or exploitation of the
patient as follows:
1. For a patient 18 years
of age or older, according to A.R.S. §
46-454;
or
2. For a patient under 18 years
of age, according to A.R.S. §
13-3620.
G. If an administrator has a
reasonable basis, according to A.R.S. §
13-3620
or
46-454,
to believe abuse, neglect, or exploitation has occurred on the premises or
while the patient is receiving unclassified healthcare services, 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 patient:
a. For a patient 18 years of age or older,
according to A.R.S. §
46-454;
or
b. For a patient 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 (G)(1); and
c. The report in subsection (G)(2);
4. Maintain the documentation in
subsection (G)(3) for at least 12 months after the date of the report in
subsection (G)(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 (G)(2):
a. The dates, times, and description of the
suspected abuse, neglect, or exploitation;
b. A description of any injury to the patient
related to the suspected abuse or neglect and any change to the patient'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 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 (G)(5) and
any other information obtained during the investigation for at least 12 months
after the date the investigation was initiated.
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 patient, or a
patient's representative: ,
1. The
health care institution's current license,
2. The evacuation plan
listed in
R9-10-1711,
and
3. The location at which inspection reports required
in R9-10-1712(B) are available for review or can be made available for
review.