Arizona Administrative Code
Title 9 - HEALTH SERVICES
Chapter 10 - DEPARTMENT OF HEALTH SERVICES - HEALTH CARE INSTITUTIONS: LICENSING
Article 3 - BEHAVIORAL HEALTH INPATIENT FACILITIES
Section R9-10-311 - Patient Rights
Universal Citation: AZ Admin Code R 9-10-311
Current through Register Vol. 30, No. 38, September 20, 2024
A. An administrator shall ensure that:
1. The
requirements in subsection (B) and the patient rights in subsection (D) are
conspicuously posted on the premises;
2. At the time of admission, a patient or the
patient's representative receives a written copy of the requirements in
subsection (B) and the patient rights in subsection (D); and
3. Policies and procedures include:
a. How and when a patient or the patient's
representative is informed of patient rights in subsection (D), and
b. Where patient rights are posted as
required in subsection (A)(1).
B. An administrator shall ensure that:
1. A patient is treated with dignity,
respect, and consideration;
2. A
patient is not subjected to:
a.
Abuse;
b. Neglect;
c. Exploitation;
d. Coercion;
e. Manipulation;
f. Sexual abuse;
g. Sexual assault;
h. Except as allowed under
R9-10-316,
restraint or seclusion;
i. Retaliation for
submitting a complaint to the Department or another entity;
j.
Misappropriation of personal and private property by the behavioral health
inpatient facility's personnel members, employees, volunteers, or
students;
k. Discharge or transfer, or threat of discharge or
transfer, for reasons unrelated to the patient's treatment needs, except as
established in a fee agreement signed by the patient or the patient's
representative; or
l. Treatment that involves the denial of:
i. Food,
ii. The opportunity to sleep, or
iii. The opportunity to use the toilet;
3. Except as
provided in subsection (C), a patient is allowed to:
a. Associate with individuals of the
patient's choice, receive visitors, and make telephone calls during the hours
established by the behavioral health inpatient facility;
b. Have privacy in correspondence,
communication, visitation, financial affairs, and personal hygiene;
and
c. Unless restricted by a court
order, send and receive uncensored and unopened mail; and
4. Except as provided in R9-10-318, a patient
or, if applicable, the patient's representative:
a. Except in an emergency, either consents to
or refuses treatment;
b. May refuse
or withdraw consent for treatment before treatment is initiated, unless the
treatment is ordered by a court according to A.R.S. Title 36, Chapter 5; is
necessary to save the patient's life or physical health; or is provided
according to A.R.S. §
36-512;
c. Except in an emergency, is informed of
alternatives to a proposed psychotropic medication and the associated risks and
possible complications of the proposed psychotropic medication ;
d. Is informed of the following:
i. The policy on health care directives,
and
ii. The patient complaint
process; and
e. Except
as otherwise permitted by law, provides written consent to the release of
information in the patient's:
i. Medical
record, or
ii. Financial
records.
C. If a medical director or clinical director determines that a patient's treatment requires the behavioral health inpatient facility to restrict the patient's ability to participate in an activity in subsection (B)(3), the medical director or clinical director shall:
1. Document a specific treatment purpose in
the patient's medical record that justifies restricting the patient from the
activity,
2. Inform the patient of
the reason why the activity is being restricted, and
3. Inform the patient of the patient's right
to file a complaint and the procedure for filing a complaint.
D. A patient has the following rights:
1. Not to be discriminated against
based on race, national origin, religion, gender, sexual orientation, age,
disability, marital status, or diagnosis;
2. To receive treatment that:
a. Supports and respects the patient's
individuality, choices, strengths, and abilities;
b. Supports the patient's personal liberty
and only restricts the patient's personal liberty according to a court order,
by the patient's or the patient's representative's general consent, or as
permitted in this Chapter; and
c.
Is provided in the least restrictive environment that meets the patient's
treatment needs;
3. To
receive privacy in treatment and care for personal needs, including the right
not to be fingerprinted, photographed, or recorded without consent, except:
a. A patient may be photographed when
admitted to a behavioral health inpatient facility for identification and
administrative purposes;
b. For a
patient receiving treatment according to A.R.S. Title 36, Chapter 37;
or
c. For video recordings used for
security purposes that are maintained only on a temporary basis;
4. Not to be prevented
or impeded from exercising the patient's civil rights unless the patient has
been adjudicated incompetent or a court of competent jurisdiction has found
that the patient is not able to exercise a specific right or category of
rights;
5. To review, upon written
request, the patient's own medical record according to A.R.S. §§
12-2293,
12-2294,
and
12-2294.01;
6. To receive a referral to another health
care institution if the behavioral health inpatient facility is not authorized
or not able to provide physical health services or behavioral health services
needed by the patient;
7. To
participate or have the patient's representative participate in the development
of a treatment plan or decisions concerning treatment;
8. To participate or refuse to participate in
research or experimental treatment; and
9. To receive assistance from a family
member, the patient's representative, or other individual in understanding,
protecting, or exercising the patient's rights.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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