Section R9-10-410. Resident Rights

A.      An administrator shall ensure that:

1.        The requirements in subsection (B) and the resident rights in subsection (C) are conspicuously posted on the prem- ises;

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

3.        Policies and procedures include:

a.         How and when a resident or the resident’s represen- tative is informed of resident rights in subsection (C), and

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

B.       An administrator shall ensure that:

1.        A resident has privacy in:

a.         Treatment,

b.        Bathing and toileting,

c.         Room accommodations, and

d.        A visit or meeting with another resident or an indi- vidual;

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

3.        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 a nursing care institution’s personnel members, employees, volunteers, or students; and

4.        A resident or the resident’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 proposed alternatives to psychotropic medication or a surgical procedure and the associated risks and possible com- plications of the psychotropic medication or surgical procedure;

d.        Is informed of the following:

i.         The health care institution’s policy on health care directives, and

ii.        The resident complaint process;

e.         Consents to photographs of the resident before the resident is photographed, except that the resident may be photographed when admitted to a nursing care institution for identification and administrative purposes;

f.         May manage the resident's financial affairs;

g.        May review the nursing care institution's current license survey report and, if applicable, plan of cor- rection in effect;

h.        Has access to and may communicate with any indi- vidual, organization, or agency;

i.         May participate in a resident group;

j.         May review the resident's financial records within two working days and medical record within one working day after the resident’s or the resident's rep- resentative's request;

k.        May obtain a copy of the resident's financial records and medical record within two working days after the resident's request and in compliance with A.R.S.

§ 12-2295;

l.         Except as otherwise permitted by law, consents, in writing, to the release of information in the resi- dent’s:

i.         Medical record, and

ii.        Financial records;

m.       May select a pharmacy of choice if the pharmacy complies with policies and procedures and does not pose a risk to the resident;

n.        Is informed of the method for contacting the resi- dent's attending physician;

o.        Is informed of the resident's total health condition;

p.        Is provided with a copy of those sections of the resi- dent's medical record that are required for continuity of care free of charge, according to A.R.S. § 12- 2295, if the resident is transferred or discharged;

q.        Is informed in writing of a change in rates and charges at least 60 calendar days before the effective date of the change; and

r.         Except in the event of an emergency, is informed orally or in writing before the nursing care institu- tion makes a change in a resident's room or room- mate assignment and notification is documented in the resident's medical record.

C.      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 treatment that supports and respects the resi- dent’s individuality, choices, strengths, and abilities;

3.        To choose activities and schedules consistent with the resident's interests that do not interfere with other resi- dents;

4.        To participate in social, religious, political, and commu- nity activities that do not interfere with other residents;

5.        To retain personal possessions including furnishings and clothing as space permits unless use of the personal pos- session infringes on the rights or health and safety of other residents;

6.        To share a room with the resident's spouse if space is available and the spouse consents;

7.        To receive a referral to another health care institution if the nursing care institution is not authorized or not able to

provide physical health services or behavioral health ser- vices needed by the resident;

8.        To participate or have the resident’s representative partic- ipate in the development of, or decisions concerning, treatment;

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

10.     To receive assistance from a family member, the resi- dent’s representative, or other individual in understand- ing, protecting, or exercising the resident’s rights.

Historical Note

New Section R9-10-410 made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 19 A.A.R. 3334, effective October 1, 2013 (Supp. 13-4). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).