Section R9-10-610. 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 prem- ises;

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;

i.         Restraint;

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

k.        Misappropriation of personal and private property by the hospice’s 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 or withdraw consent for treatment before treatment is initiated;

c.         Except in an emergency, is informed of proposed treatment alternatives, associated risks, and possible complications;

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

e.         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;

f.         Is informed of:

i.         The components of hospice services provided by the hospice;

ii.        The rates and charges for the components of hospice services before the components are ini- tiated and before a change in rates, charges, or services;

iii.      The hospice’s policy on health care directives; and

iv.       The patient complaint process; and

g.        Is informed that a written copy of rates and charges, as required in A.R.S. § 36-436.03, may be requested.

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 review, upon written request, the patient’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 hospice inpatient facility is not authorized or not able to provide physical health services needed by the patient;

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

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

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

Historical Note

New Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). R9-10-610 renumbered to R9-10-611; new Section R9-10-610 renumbered from R9-10-609 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).