Section R9-10-1804. Resident Rights

A.      A provider shall ensure that:

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

2.        A resident 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.         An adult behavioral health therapeutic home’s provider or backup provider, or

ii.        An individual other than a resident residing in the adult behavioral health therapeutic home; and

3.        A resident or the resident’s representative:

a.         Is informed of the resident complaint process;

b.        Consents to photographs of the resident before the resident is photographed, except that the resident may be photographed when accepted by an adult behavioral health therapeutic 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 resi- dent’s medical record.

B.       A resident 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 resident’s individuality, choices, strengths, and abilities;

3.        To receive privacy in care for personal needs;

4.        To review, upon written request, the resident’s own medi- cal 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 resident; and

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

Historical Note

New Section made by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July

1, 2014 (Supp. 14-2).