Section R9-10-1603. Administration

A.      A governing authority of a behavioral health respite home:

1.        Consists of no more than two providers, who live in the behavioral health respite home;

2.        Has the authority and responsibility to manage the behav- ioral health respite home;

3.        Has a documented agreement with a collaborating health care institution that establishes the responsibilities of the behavioral health respite home and the collaborating health care institution, consistent with the requirements in this Chapter;

4.        Shall establish, in writing, the behavioral health respite home’s scope of services, which are approved by the col- laborating health care institution; and

5.        Shall ensure that:

a.         Except as provided in R9-10-1612(A), no more than three recipients are accepted by the behavioral health respite home;

b.        A provider is on the premises whenever a recipient is present in the behavioral health respite home;

c.         Documentation required by this Article is provided to the Department within two hours after a Depart- ment request; and

d.        When documentation or information is required by this Chapter to be submitted on behalf of the behav- ioral health respite home, the documentation or information is provided to the unit in the Department that is responsible for licensing the behavioral health respite home.

B.       A provider:

1.        Is at least 21 years of age;

2.        Holds current certification in cardiopulmonary resuscita- tion and first aid training applicable to the ages of recipi- ents;

3.        Has the skills and knowledge established by the collabo- rating health care institution as specified in R9-10-118;

4.        Has documentation of completion of training in assis- tance in the self-administration of medication as specified in R9-10-118; and

5.        Has documentation of evidence of freedom from infec- tious tuberculosis:

a.         On or before the date the provider begins providing services at or on behalf of the behavioral health respite home, and

b.        As specified in R9-10-113.

C.      A provider shall ensure that policies and procedures are:

1.        Established, documented, and implemented to protect the health and safety of a recipient that cover:

a.         Recordkeeping;

b.        Recipient acceptance and release;

c.         The release of a recipient under 18 years of age to an individual other than the recipient’s parent or guard- ian;

d.        Recipient rights;

e.         The provision of respite care services, including coordinating the provision of behavioral health ser- vices;

f.         Recipients’ medical records, including electronic medical records;

g.        Assistance in the self-administration of medication;

h.        Infection control; and

i.         How a provider will respond to a recipient’s sudden, intense, or out-of-control behavior to prevent harm to the recipient or another individual;

2.        Approved, in writing, by the behavioral health respite home’s collaborating health care institution before imple- mentation and when the policies and procedures are reviewed or updated; and

3.        Reviewed by the provider and the behavioral health respite home’s collaborating health care institution  at least once every three years and updated as needed.

D.      A provider shall provide written notification to the Department and the collaborating health care institution of a recipient’s:

1.        Death, if the recipient’s death is required to be reported according to A.R.S. § 11-593, within one working day after the recipient’s death; and

2.        Self-injury, within two working days after the recipient inflicts a self-injury that requires immediate intervention by an emergency medical services provider.

E.       If abuse, neglect, or exploitation of a recipient is alleged or suspected to have occurred before the recipient was accepted or while the recipient is not at a behavioral health respite home and not receiving services from the behavioral health respite home, a provider shall report the alleged or suspected abuse, neglect, or exploitation of the recipient as follows:

1.        For a recipient 18 years of age or older, according to

A.R.S. § 46-454; or

2.        For a recipient under 18 years of age, according to A.R.S.

§ 13-3620.

F.       If a provider has a reasonable basis, according to A.R.S. § 13- 3620 or 46-454, to believe that abuse, neglect, or exploitation has occurred on the premises or while a recipient is receiving behavioral health respite home services, the provider 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 recipient as follows:

a.         To the behavioral health respite home’s collaborat- ing health care institution; and

b.        For a:

i.         Recipient 18 years of age or older, according to

A.R.S. § 46-454; and

ii.        Recipient under 18 years of age, according to

A.R.S. § 13-3620;

3.        Document:

a.         The suspected abuse, neglect, or exploitation;

b.        Any action taken according to subsection (F)(1); and

c.         The report in subsection (F)(2);

4.        Maintain the documentation in subsection (F)(3) for at least 12 months after the date of the report in subsection (F)(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 sub- section (F)(2):

a.         The dates, times, and description of the suspected abuse, neglect, or exploitation;

b.        A description of any injury to the recipient related to the suspected abuse or neglect and any change to the recipient’s physical, cognitive, functional, or emo- tional condition;

c.         The  names  of  witnesses   to  the  suspected  abuse, neglect, or exploitation; and

d.        The action taken by the provider to prevent the sus- pected abuse, neglect, or exploitation from occurring in the future; and

6.        Maintain a copy of the documented information required in subsection (F)(5) and any other information obtained during the investigation for at least 12 months after the date the investigation was initiated.

G.      A provider shall ensure that a recipient under 18 years of age is only released to an individual who, according to policies and procedures:

1.        Is designated by the recipient’s parent or guardian to release the recipient, and

2.        Presents  documentation  at   the  time  of  the   recipient’s release that verifies the individual’s identity.

H.      A provider shall  maintain a record for each provider that includes:

1.        The provider’s:

a.         Name,

b.        Date of birth, and

c.         Contact telephone number; and

2.        Documentation of:

a.         Verification of skills and knowledge, completed by the behavioral health respite home’s collaborating health care institution;

b.        Certification in cardiopulmonary resuscitation and first aid training;

c.         Completion of training in assistance in the self- administration of medication, provided by the behavioral health respite home’s collaborating health care institution; and

d.        Evidence of freedom from infectious tuberculosis.

Historical Note

Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Section R9-10- 1603 renumbered to R9-10-1604; new Section R9-10- 1603 renumbered from R9-10-1602 and amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).