Section R9-21-104. Office of Human Rights; Human Rights Advocates

A.       The director shall establish an Office of Human Rights for cli- ents within the Department. The office shall have its own chief officer appointed by the director. The chief officer shall report directly to the director and shall be responsible for the man- agement and control of the office, as well as the hiring, train- ing, supervision, and coordination of all Department human rights advocates.

B.       The chief officer shall appoint at least one human rights advo- cate for each 2,500 clients in each region. Each region shall have at least one human rights advocate. The chief officer shall appoint at least one human rights advocate for ASH. All cli- ents shall have the right of access to a human rights advocate in order to understand, exercise, and protect their rights. The human rights advocate shall advocate on behalf of clients and shall assist clients in understanding and protecting their rights and obtaining needed services. The human rights advocate shall also assist clients in resolving appeals and grievances under Article 4 of this Chapter and shall coordinate and assist the human rights committees in performing their duties.

C.       The human rights advocates shall be given access to all:

1.        Clients; and

2.        Client records from a service provider, regional authority, or the Department, except as prohibited by federal or state law.

D.       Staff of inpatient facilities, regional authorities, and service providers shall cooperate with the advocate by providing rele- vant information, reports, investigations, and access to meet- ings, staff persons, and facilities except as prohibited by federal or state law and the client’s right to privacy.

E.       An agency director shall notify the Office of Human Rights and the applicable human rights committee of each client who needs special assistance.

F.       The Office of Human Rights shall:

1.        Maintain a list that contains the names of each client who needs special assistance and, if applicable, the name and address of the residential program providing behavioral services to the client; and

2.        Provide each human rights committee with a list of all cli- ents who need special assistance who reside in the respec- tive jurisdiction of the human rights committee.

G.      The Office of Human Rights shall promptly distribute to all appropriate human rights committees copies of all reports received according to this Chapter (e.g., reports regarding cli- ents who need special assistance, allegations of mistreatment, denial of rights, restraint, and seclusion).

Historical Note

Adopted under an exemption from A.R.S. Title 41, Chap- ter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Former Section R9-21-104 renumbered to R9-21-103; new Section R9- 21-104 renumbered from R9-21-105 and amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30,

2003 (Supp. 03-2).