Current through Register Vol. 30, No. 38, September 20, 2024
A. A governing
authority shall:
1. Consist of one or more
individuals responsible for the organization, operation, and administration of
a behavioral health inpatient facility;
2. Establish, in writing:
a. A behavioral health inpatient facility'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
R9-10-304;
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 the behavioral health inpatient facility's premises for more than 30
calendar days, or
b. Not present on
the behavioral health inpatient 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 of a behavioral health inpatient facility for the daily operation of
the behavioral health inpatient facility and for all services provided by or at
the behavioral health inpatient facility;
2. Has the authority and responsibility to
manage the behavioral health inpatient facility; and
3. Except as provided in subsection (A)(6),
designates, in writing, an individual who is present on the behavioral health
inpatient facility's premises and accountable for the behavioral health
inpatient facility when the administrator is not present on the behavioral
health inpatient 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 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 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. Cover first aid
training;
g. Cover the requirements
in subsection (J), if applicable;
h. Include a method to identify a patient to
ensure the patient receives physical health and behavioral health services as
ordered;
i. 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;
j. Cover specific steps for:
i. A patient to file a complaint,
and
ii. The behavioral health
inpatient facility to respond to a patient's complaint;
k. Cover health care directives;
l. Cover medical records, including
electronic medical records;
m.
Cover quality management, including incident reports and supporting
documentation;
n. Cover contracted
services; and
o. Cover when an
individual may visit a patient in the behavioral health inpatient
facility;
2. Policies
and procedures for behavioral health services and physical health 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, and transfer;
b. Cover discharge planning and discharge,
including the requirements in
R9-10-309(B)
for a patient who was admitted after a suicide attempt or who exhibits suicidal
ideation;
c. Cover the provision of behavioral health services
and physical health services;
d. Include when general
consent and informed consent are required;
e. Cover restraint and,
if applicable, seclusion;
f. Cover dispensing,
administering, and disposing of medication, including provisions for inventory
control and preventing diversion of controlled substances;
g.
Cover prescribing a controlled substance to minimize substance abuse by a
patient;
h. Cover infection control;
i. Cover telemedicine,
if applicable;
j. Cover environmental services that affect patient
care;
k. Cover patient outings;
l. Cover whether pets
and animals are allowed on the premises, including procedures to ensure that
any pets or animals allowed on the premises do not endanger the health or
safety of patients or the public;
m. If the behavioral
health inpatient facility is involved in research, cover the establishment or
use of a Human Subject Review Committee;
n. Cover the process for receiving a fee from a
patient and refunding a fee to a patient;
o. Cover the process
for obtaining patient preferences for social, recreational, or rehabilitative
activities and meals and snacks;
p. Cover the security
of a patient's possessions that are allowed on the premises; and
q.
Cover smoking and the use of tobacco products on the premises;
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 a Department request;
and
b. When documentation or
information is required by this Chapter to be submitted on behalf of a
behavioral health inpatient facility, the documentation or information is
provided to the unit in the Department that is responsible for licensing and
monitoring the behavioral health inpatient facility.
D. An administrator shall
designate a:
1. Medical director who:
a. Provides direction for physical health
services provided by or at the behavioral health inpatient facility;
b. Is a physician or registered nurse
practitioner; and
c. May be the
same individual as the administrator, if the individual meets the
qualifications in subsections (A)(2)(b) and (D)(1)(a) and (b);
2. Clinical director who:
a. Provides direction for the behavioral
health services provided by or at the behavioral health inpatient
facility;
b. Is a behavioral health
professional; and
c. May be the
same individual as the administrator, if the individual meets the
qualifications in subsections (A)(2)(b) and (D)(2)(a) and (b); and
3. Registered nurse to provide
direction for nursing services provided by or at the behavioral health
inpatient facility.
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. Except as specified in
R9-10-318(A)(1),
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 behavioral health inpatient
facility's employee or personnel member, an administrator shall report the
alleged or suspected abuse, neglect, or exploitation of the patient according
to A.R.S. §
46-454.
G. If an administrator has a reasonable
basis, according to A.R.S. §
46-454,
to believe abuse, neglect, or exploitation has occurred on the premises or
while a patient is receiving services from a behavioral health inpatient
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 patient according to A.R.S. §
46-454;
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
subsection (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 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 (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 establish and
document the criteria for determining when a patient's absence is unauthorized,
including the criteria for a patient who:
1.
Was admitted under A.R.S. Title 36, Chapter 5, Articles 1, 2, or 3;
2. Is absent against medical advice;
or
3. Is under the age of
18.
I. An administrator
shall:
1. For a patient who is under a court's
jurisdiction, within an hour after determining that the patient's absence is
unauthorized according to the criteria in subsection (H), notify the
appropriate court or a person designated by the appropriate court;
2. Document the notification in subsection
(I)(1) and the written log required in subsection (I)(3);
3. Maintain a written log of unauthorized
absences for at least 12 months after the date of a patient's absence that
includes the:
a. Name of a patient absent
without authorization;
b. If
applicable, name of the person notified as required in subsection (I)(1);
and
c. Date of the notification;
and
4. Evaluate and take
action related to unauthorized absences under the quality management program in
R9-10-304.
J. If a
behavioral health inpatient facility has a physician or registered nurse
practitioner on-call to comply with
R9-10-306(J)(1),
an administrator shall ensure that:
1. The
on-call schedule is documented;
2.
Personnel members are aware of:
a. The
location at which the on-call schedule is available to personnel members of the
behavioral health inpatient facility,
b. The process through which the on-call
physician or registered nurse practitioner is contacted,
c. The circumstances that would require the
on-call physician or registered nurse practitioner to come to the behavioral
health inpatient facility, and
d.
The process through which a request is made for the on-call physician or
registered nurse practitioner to come to the behavioral health inpatient
facility;
3. A request
for the on-call physician or registered nurse practitioner to come to the
behavioral health inpatient facility is documented, including:
a. The time that a request for the on-call
physician or registered nurse practitioner to come to the behavioral health
inpatient facility is made,
b. The
name of the individual making the request,
c. The reason for the request,
d. The name of the physician or registered
nurse practitioner contacted and requested to come to the behavioral health
inpatient facility, and
e. The time
the on-call physician or registered nurse practitioner arrives at the
behavioral health inpatient facility in response to a request;
4. The documentation in
subsections (J)(1) and (3) is maintained for at least 12 months after the last
date on the documentation; and
5.
Documentation related to the request is included in the medical record of the
applicable patient.