Section R9-10-1309. Patient Rights

An administrator shall ensure that:

1.        A patient:

a.         Has privacy in treatment and personal care needs;

b.        Has the opportunity for and privacy in correspon- dence, communications, and visitation unless:

i.         Restricted by court order; or

ii.        Contraindicated on the basis of clinical judg- ment, as documented in the patient’s medical record;

c.         Is given the opportunity to seek, speak to, and be assisted by legal counsel:

i.         Whom the court assigns to the patient, or

ii.        Whom the patient obtains at the patient’s own expense; and

d.        Is not subjected to:

i.         Abuse;

ii.        Neglect;

iii.      Exploitation;

iv.       Coercion;

v.        Manipulation;

vi.       Seclusion;

vii.     Restraint, if not necessary to prevent imminent harm to self or others;

viii.    Sexual abuse according to A.R.S. § 13-1404; or

ix.       Sexual assault according to A.R.S. § 13-1406; and

2.        A patient or the patient’s representative:

a.         Is provided with the opportunity to participate in the development of the patient’s treatment plan and in treatment decisions before the treatment is initiated, except in a medical emergency;

b.        Is provided with information about proposed treat- ments, alternatives to treatments, associated risks, and possible complications;

c.         Is allowed to control the patient’s finances and have access to the patient’s personal funds account according to the behavioral health specialized transi-

tional facility’s policies and procedures specified in R9-10-1302(C)(1)(i);

d.        Has an opportunity to review the medical record for the patient according to the behavioral health spe- cialized transitional facility’s policies and proce- dures; and

e.         Receives information about the behavioral health specialized transitional facility’s policies and proce- dures for:

i.         Health care directives;

ii.        Filing complaints, including the telephone number of an individual at the behavioral health specialized transitional facility to contact about a complaint and the Department’s tele- phone number; and

iii.      Petitioning a court for a patient’s discharge or conditional release to a less restrictive alterna- tive.

Historical Note

Emergency rule adopted effective November 29, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again effective February 28, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency rule adopted again effective May 28, 1992, pursuant to A.R.S. § 41- 1026, valid for only 90 days (Supp. 92-2). Emergency rule adopted again effective August 27, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-3). Adopted with changes effective November 25, 1992 (Supp. 92-4). Section R9-10-1309 repealed effective

November 1, 1998, under an exemption from the provi- sions of the Administrative Procedure Act pursuant to Laws 1998, Ch. 178, § 17; filed with the Office of the Secretary of State October 2, 1998 (Supp. 98-4). New Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).