Section R9-10-212. Patient Rights

A.      An administrator shall ensure that:

1.        The requirements in subsection (B) and the patient rights in subsection (C) are conspicuously posted on the hospi- tal's premises;

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

3.        Policies and procedures include:

a.         How and when a patient or the patient’s representa- tive is informed of patient rights in subsection (C), and

b.        Where patient rights are posted as required in sub- section (A)(1).

B.       An administrator shall ensure that:

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

2.        A patient is not subjected to:

a.         Abuse;

b.        Neglect;

c.         Exploitation;

d.        Coercion;

e.         Manipulation;

f.         Sexual abuse;

g.        Sexual assault;

h.        Seclusion, except as allowed under R9-10-217 or R9-10-225;

i.         Restraint, if not necessary to prevent imminent harm to self or others or as allowed under R9-10-225;

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

k.        Misappropriation of personal and private property by a hospital’s medical staff, personnel members, employees, volunteers, or students; and

3.        A patient or the patient’s representative:

a.         Except in an emergency, either consents to or refuses treatment;

b.        May refuse examination or withdraw consent for treatment before treatment is initiated;

c.         Is informed of:

i.         Except in an emergency, alternatives to a pro- posed psychotropic medication or surgical pro- cedure and associated risks and possible complications of the proposed psychotropic medication or surgical procedure;

ii.        How to obtain a schedule of hospital rates and charges required in A.R.S. § 36-436.01(B);

iii.      The patient complaint policies and procedures, including the telephone number of hospital per- sonnel  to   contact  about  complaints,  and  the

Department’s telephone number if the hospital is unable to resolve the patient's complaint; and

iv.       Except as authorized by the Health Insurance Portability and Accountability Act of 1996, proposed involvement of the patient in research, experimentation, or education, if applicable;

d.        Except in an emergency, is provided a description of the health care directives policies and procedures:

i.         If an inpatient, at the time of admission; or

ii.        If an outpatient:

(1)     Before any invasive procedure, except phlebotomy for obtaining blood for diag- nostic purposes; or

(2)     If the hospital services include a planned series of treatments, at the start of each series;

e.         Consents to photographs of the patient before the patient is photographed, except that a patient may be photographed when admitted to a hospital for identi- fication and administrative purposes; and

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

i.         Medical record, or

ii.        Financial records.

C.      A patient 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 supports and respects the patient’s individuality, choices, strengths, and abilities;

3.        To receive privacy in treatment and care for personal needs;

4.        To have access to a telephone;

5.        To review, upon written request, the patient’s own medi- cal record according to A.R.S. §§ 12-2293, 12-2294, and 12-2294.01;

6.        To receive a referral to another health care institution if the hospital is not authorized or not able to provide physi- cal health services or behavioral health services needed by the patient;

7.        To participate or have the patient’s representative partici- pate in the development of, or decisions concerning, treatment;

8.        To participate or refuse to participate in research or experimental treatment; and

9.        To receive assistance from a family member, representa- tive, or other individual in understanding, protecting, or exercising the patient’s rights.

Historical Note

Former Section R9-10-212 renumbered as R9-10-312 as an emergency effective February 22, 1979, new Section R9-10-212 adopted effective February 23, 1979 (Supp. 79-1). Section repealed; new Section made by final rulemaking at 8 A.A.R. 2785, effective October 1, 2002 (Supp. 02-2). Amended by final rulemaking at 11 A.A.R.

536, effective March 5, 2005 (Supp. 05-1). Section R9- 10-212 renumbered to R9-10-210; new Section R9-10- 212 renumbered from R9-10-209 and amended 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).