Section R9-21-201. Civil and Other Legal Rights

A.       Clients shall have all rights accorded by applicable law, including but not limited to those prescribed in A.R.S. §§ 36- 504 through 36-514 and in 9 A.A.C. 20. Any individual or agency providing behavioral health services or community services as defined in R9-21-101 shall not abridge these rights, including the following:

1.        Those civil rights set forth in A.R.S. § 36-506;

2.        The right to acquire and dispose of property, to execute instruments, to enter into contractual relationships, to hold professional or occupational or vehicle operator’s licenses, unless the Client has been adjudicated incompe- tent or there has been a judicial order or finding that such client is unable to exercise the specific right or category of rights. In the case of a client adjudicated incompetent, these rights may be exercised by the client’s guardian, in accordance with applicable law;

3.        The right to be free from unlawful discrimination by the Department or by any mental health agency on the basis of race, creed, religion, sex, sexual preference, age, phys- ical or mental handicap or degree of handicap; provided, however, classifications based on age, sex, category or degree of handicap shall not be considered discrimina- tory, if based on written criteria of client selection devel- oped by a mental health agency and approved by the Department as necessary to the safe operation of the men- tal health agency and in the best interests of the clients involved;

4.        The right to equal access to all existing behavioral health services, community services, and generic services pro- vided by or through the state of Arizona;

5.        The right to religious freedom and practice, without com- pulsion and according to the preference of the client;

6.        The right to vote, unless under guardianship, including reasonable assistance when desired in registering and vot- ing in a nonpartisan and noncoercive manner;

7.        The right to communicate including:

a.        The right to have reasonable access to a telephone and reasonable opportunities to make and receive confidential calls and to have assistance when desired and necessary to implement this right;

b.        The unrestricted right to send and receive uncen- sored and unopened mail, to be provided with statio- nery  and  postage  in  reasonable  amounts,   and  to

assistance when desired and necessary to implement this right;

8.        The right to be visited and visit with others, provided that reasonable restrictions may be placed on the time and place of the visit but only to protect the privacy of other clients or to avoid serious disruptions in the normal func- tioning of the mental health agency;

9.        The right to associate with anyone of the client’s choos- ing, to form associations, and to discuss as a group, with those responsible for the program, matters of general interest to the client, provided that these do not result in serious disruptions in the normal functioning of the men- tal health agency. Clients shall receive cooperation from the mental health agency if they desire to publicize and hold meetings and clients shall be entitled to invite visi- tors to attend and participate in such meetings, provided that they do not result in serious disruptions in the normal functioning of the mental health agency;

10.     The right to privacy, including the right not to be finger- printed and photographed without authorization, except as provided by A.R.S. § 36-507(2);

11.     The right to be informed, in appropriate language and terms, of client rights;

12.     The right to assert grievances with respect to infringe- ment of these rights, including the right to have such grievances considered in a fair, timely, and impartial pro- cedure, as set forth in Article 4 of these rules, and the right not to be retaliated against for filing a grievance.;

13.     The right of access to a human rights advocate in order to understand, exercise, and protect a client’s rights;

14.     The right to be assisted by an attorney or designated rep- resentative of the client’s own choice, including the right to meet in a private area at the program or facility with an attorney or designated representative. Nothing in this Section shall be construed to require the Department or any mental health agency to pay for the services of an attorney who consults with or represents a client;

15.     The right to exercise all other rights, entitlements, privi- leges, immunities provided by law, and specifically those rights of consumers of behavioral health services or com- munity services set forth in A.R.S. §§ 36-504 through 514;

16.     The same civil rights as all other citizens of Arizona, including the right to marry and to obtain a divorce, to have a family, and to live in the community of their choice without constraints upon their independence, except those constraints to which all citizens are subject.

B.       Nothing in this Article shall be interpreted to:

1.        Give the power, right, or authority to any person or men- tal health agency to authorize sterilization, abortion, or psychosurgery with respect to any client, except as may otherwise be provided by law; or

2.        Restrict the right of physicians, nurses, and emergency medical technicians to render emergency care or treat- ment in accordance with A.R.S. § 36-512; or

3.        Construe this rule to confer constitutional or statutory rights not already present.

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). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective September 30, 1993 (Supp. 93-3). Amended by exempt rulemaking at 9

A.A.R. 3296, effective June 30, 2003 (Supp. 03-2).