Current through Register Vol. 30, No. 38, September 20, 2024
A. Except
for a behavioral health outdoor program, an administrator shall ensure that the
premises and equipment are sufficient to accommodate:
1. The services in the behavioral health
residential facility's scope of services, and
2. An individual admitted as a resident by
the behavioral health residential facility.
B. An administrator shall ensure that:
1. A behavioral health residential facility
has a:
a. Room that provides privacy for a
resident to receive treatment or visitors; and
b. Common area and a dining area that contain
furniture and materials to accommodate the recreational and socialization needs
of the residents and other individuals in the behavioral health residential
facility;
2. At least one
bathroom is accessible from a common area that:
a. May be used by residents and
visitors;
b. Provides privacy when
in use; and
c. Contains the
following:
i. At least one working sink with
running water,
ii. At least one
working toilet that flushes and has a seat,
iii. Toilet tissue for each toilet,
iv. Soap in a dispenser accessible from each
sink,
v. Paper towels in a
dispenser or a mechanical air hand dryer,
vi. Lighting, and
vii. A window that opens or another means of
ventilation;
3.
For every six residents who stay overnight at the behavioral health residential
facility, there is at least one working toilet that flushes and has a seat, and
one sink with running water;
4. For
every eight residents who stay overnight at the behavioral health residential
facility, there is at least one working bathtub or shower;
5. A resident bathroom provides privacy when
in use and contains:
a. A shatter-proof
mirror, unless the resident's treatment plan allows for otherwise;
b. A window that opens or another means of
ventilation; and
c. Nonporous
surfaces for shower enclosures and slip-resistant surfaces in tubs and
showers;
6. If a resident
bathroom door locks from the inside, an employee has a key and access to the
bathroom;
7. Each resident is
provided a sleeping area that is in a bedroom; and
8. A resident bedroom complies with the
following:
a. Is not used as a common
area;
b. Is not used as a
passageway to another bedroom or bathroom unless the bathroom is for the
exclusive use of an individual occupying the bedroom;
c. Contains a door that opens into a hallway,
common area, or outdoors;
d. Is
constructed and furnished to provide unimpeded access to the door;
e. Has window or door covers that provide
resident privacy;
f. Has floor to
ceiling walls;
g. Is a:
i. Private bedroom that contains at least 60
square feet of floor space, not including the closet; or
ii. Shared bedroom that:
(1) Is shared by no more than eight
residents;
(2) Except as provided
in subsection (C), contains at least 60 square feet of floor space, not
including a closet, for each individual occupying the shared bedroom;
and
(3) Provides at least three
feet of floor space between beds or bunk beds;
h. Contains for each resident occupying the
bedroom:
i. A bed that is at least 36 inches
wide and at least 72 inches long, and consists of at least a frame and mattress
and linens; and
ii. Individual
storage space for personal effects and clothing such as shelves, a dresser, or
chest of drawers;
i. Has
clean linen for each bed including mattress pad, sheets large enough to tuck
under the mattress, pillows, pillow cases, bedspread, waterproof mattress
covers as needed, and blankets to ensure warmth and comfort for each
resident;
j. Has sufficient
lighting for a resident occupying the bedroom to read; and
k. Has a clothing rod or hook in the bedroom
designed to minimize the opportunity for a resident to cause
self-injury.
C.
A behavioral health residential facility that was licensed as a Level 4
transitional agency before October 1, 2013 may continue to use a shared bedroom
that provides at least 40 square feet of floor space, not including a closet,
for each individual occupying the shared bedroom. If there is a modification to
the shared bedroom, the behavioral health residential facility shall comply
with the requirement in subsection (B)(8)(g).
D. For a behavioral health residential
facility licensed according to A.R.S. §
36-425.06,
an administrator shall ensure that:
1. The
premises are secure, as defined in A.R.S. §
36-425.06;
and
2. There is a means of exiting
the facility for a resident who does not have special knowledge for egress that
meets one of the following:
a. Provides
access to an outside area that:
i. Allows the
resident to be at least 30 feet away from the facility, and
ii. Controls or alerts employees of the
egress of a resident from the facility;
b. Provides access to an outside area:
i. From which a resident may exit to a
location at least 30 feet away from the facility, and
ii. Controls or alerts employees of the
egress of a resident from the facility; or
c. Uses a mechanism that meets the Special
Egress-Control Devices provisions in the Uniform Building Code incorporated by
reference in A.A.C.
R9-10-104.01.
E. If a
swimming pool is located on the premises, an administrator shall ensure that:
1. The swimming pool is equipped with the
following:
a. An operational water
circulation system that clarifies and disinfects the swimming pool water
continuously and that includes at least:
i. A
removable strainer,
ii. Two
swimming pool inlets located on opposite sides of the swimming pool,
and
iii. A drain located at the
swimming pool's lowest point and covered by a grating that cannot be removed
without using tools; and
b. An operational vacuum cleaning
system;
2. The swimming
pool is enclosed by a wall or fence that:
a.
Is at least five feet in height as measured on the exterior of the wall or
fence;
b. Has no vertical openings
greater than four inches across;
c.
Has no horizontal openings, except as described in subsection
(E)(2)(e);
d. Is not
chain-link;
e. Does not have a
space between the ground and the bottom fence rail that exceeds four inches in
height; and
f. Has a self-closing,
self-latching gate that:
i. Opens away from
the swimming pool,
ii. Has a latch
located at least 54 inches from the ground, and
iii. Is locked when the swimming pool is not
in use; and
3.
A life preserver or shepherd's crook is available and accessible in the pool
area.
F. An administrator
shall ensure that a spa that is not enclosed by a wall or fence as described in
subsection (E)(2) is covered and locked when not in use.
The following Section was repealed under exempt rulemaking
(Supp. 13-2).
The following Section was adopted under an exemption from
the provisions of the Administrative Procedure Act which means these rules were
not reviewed by the Governor's Regulatory Review Council; the Department did
not submit notice of proposed rulemaking to the Secretary of State for
publication in the Arizona Administrative Register; and the Department was not
required to hold public hearings on these rules (Supp.
98-4).
