Section R9-10-1409. Participant Rights

A.      An administrator shall ensure that:

1.        The requirements in subsection (B) and the participant rights in subsection (C) are conspicuously posted on the premises;

2.        At the time of admission, a participant or the participant’s representative receives a written copy of the requirements in subsection (B) and the participant rights in subsection (C); and

3.        Policies and procedures are established, documented, and implemented to protect the health and safety of a partici- pant that include:

a.         How and when a participant or the participant’s rep- resentative is informed of participant rights in sub- section (C), and

b.        Where participant rights are posted as required in subsection (A)(1).

B.       An administrator shall ensure that:

1.        A participant is treated with dignity, respect, and consid- eration;

2.        A participant is not subjected to:

a.         Abuse;

b.        Neglect;

c.         Exploitation;

d.        Coercion;

e.         Manipulation;

f.         Sexual abuse;

g.        Sexual assault;

h.        Seclusion;

i.         Restraint;

j.         Retaliation for submitting a complaint to the Depart- ment or another entity;

k.        Misappropriation of personal and private property by the substance abuse transitional facility’s person- nel members, employees, volunteers, or students; or

l.         Discharge or transfer, or threat of discharge or trans- fer, for reasons unrelated to the participant’s treat- ment needs, except as established in a fee agreement signed by the participant or the participant’s repre- sentative; and

3.        A participant or the participant’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;

c.         Except in an emergency, is informed of alternatives to a proposed psychotropic medication, associated risks, and possible complications;

d.        Is informed of the participant complaint process; and

e.         Except as otherwise permitted by law, provides writ- ten consent to the release of information in the par- ticipant’s:

i.         Medical record, or

ii.        Financial records.

C.      A participant 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 participant’s individuality, choices, strengths, and abilities;

b.        Supports the participant’s personal liberty and only restricts the participant’s personal liberty according to a court order, by the participant’s or the partici- pant’s representative’s general consent, or as permit- ted in this Chapter; and

c.         Is provided in the least restrictive environment that meets the participant’s treatment needs;

3.        To receive privacy in treatment and care for personal needs, including the right not to be fingerprinted, photo- graphed, or recorded without consent, except:

a.         A participant may be photographed when admitted to a substance abuse transitional facility for identifi- cation and administrative purposes;

b.        For a participant 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.        To review, upon written request, the participant’s own medical record according to A.R.S. §§ 12-2293, 12-2294, and 12-2294.01;

5.        To receive a referral to another health care institution if the substance abuse transitional facility is not authorized or not able to provide behavioral health services or physi- cal health services needed by the participant;

6.        To participate or have the participant’s representative par- ticipate in the development of or decisions concerning treatment;

7.        To receive assistance from a family member, the partici- pant’s representative, or other individual in understand- ing, protecting, or exercising the participant’s rights;

8.        To be provided locked storage space for the participant’s belongings while the participant receives services; and

9.        To be informed of the requirements necessary for the par- ticipant’s discharge.

Historical Note

Adopted effective February 1, 1994 (Supp. 94-1). Section repealed; new Section made by exempt rulemaking at 19

A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Section R9-10-1409 renumbered to R9-10-1408; new Section R9-10-1409 renumbered from R9-10-1410 and amended by exempt rulemaking at 20 A.A.R. 1409, pur- suant to Laws 2013, Ch. 10, § 13; effective July 1, 2014

(Supp. 14-2).