Section R9-21-403. Initiating a Grievance or Investigation

A.       Any individual may file a grievance regarding an abridgement by a mental health agency of one or more of a client’s rights in Article 2 of this Chapter,

B.       Any individual may request an investigation regarding a con- dition requiring investigation.

C.       An employee of or individual under contract with one of the following shall file a grievance if the employee has reason to believe that a mental health agency has abridged one or more of a client’s rights in Article 2 of this Chapter or that a condi- tion requiring investigation exists, and shall receive disciplin- ary action for failure to comply with this subsection:

1.        A service provider,

2.        A regional authority,

3.        An inpatient facility, or

4.        The Division.

D.       The director of a service provider or the director of a regional authority shall file a grievance if:

1.        The director receives a non-frivolous allegation that:

a.        A mental health agency has abridged one or more of a client’s rights in Article 2 of this Chapter, or

b.        A condition requiring investigation exists; or

2.        The director has reason to believe that there exists or has occurred a condition requiring investigation in a mental health agency or program.

E.       The director or deputy director of the Department shall request an investigation if:

1.        The director or deputy director determines that it would be in the best interests of a client, the Department, or the public; or

2.        The director or deputy director receives a non-frivolous allegation or has reason to believe that:

a.        A mental health agency has abridged one or more of a client’s rights in Article 2 of this Chapter, or

b.        A condition requiring investigation exists.

F.       To file a grievance, an individual shall communicate the griev- ance orally or submit the grievance in writing to the director of or any employee of a mental health agency. who shall, forward the grievance to the appropriate person as identified in R9-21-

404. If asked to do so by a client, an employee shall assist the client in making an oral or written grievance or shall direct the client to the available supervisory or managerial staff who shall assist the client in making an oral or written grievance.

G.      Any grievance or request for investigation shall be accurately and completely reduced to writing on a Department-provided grievance or request for investigation form by:

1.        The individual filing the grievance or request for investi- gation, or

2.        The mental health agency to whom the grievance or request for investigation is made.

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 R9-21-403 renumbered to R9-21-404; new Section R9- 21-403 renumbered from R9-21-402 and amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30,

2003 (Supp. 03-2).