Section R9-10-1604. Recipient Rights

A.      A provider shall ensure that:

1.        A recipient is treated with dignity, respect, and consider- ation;

2.        A recipient 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; or

k.        Misappropriation of personal and private property by:

i.         A behavioral health respite home’s provider, or

ii.        An individual other than a recipient residing in the behavioral health respite home; and

3.        A recipient or the recipient's representative:

a.         Is informed of the recipient complaint process;

b.        Consents to photographs of the recipient before the recipient is photographed, except that a recipient may be photographed when accepted by a behav-

ioral  health  respite  home  for  identification  and administrative purposes; and

c.         Except as otherwise permitted by law, provides writ- ten consent to the release of information in the recip- ient’s medical record.

B.       A recipient 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 services that support and respect the recipi- ent’s individuality, choices, strengths, and abilities;

3.        To receive privacy in care for personal needs;

4.        To review, upon written request, the recipient’s own med- ical 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 provider is not authorized or not able to provide phys- ical health services or behavioral health services needed by the recipient; and

6.        To receive assistance from a family member, recipient’s representative, or other individual in understanding, pro- tecting, or exercising the recipient’s rights.

Historical Note

Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Section R9-10- 1604 renumbered to R9-10-1605; new Section R9-10- 1604 renumbered from R9-10-1603 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).