Section R9-21-404. Persons Responsible for Resolving Grievances and Requests for Investigation

A.       Allegations involving rights violations:

1.        Of other than physical abuse, sexual abuse, or sexual mis- conduct that occurred in a mental health agency, or as a result of an action of a person employed by a mental health agency, shall be addressed to and initially decided by:

a.        The director of the appropriate regional authority, if applicable; or

b.        If the mental health agency is operated exclusively by a governmental entity, the director of the agency; or

2.        Of physical abuse, sexual abuse, or sexual misconduct that occurred in a mental health agency, or as a result of an action of a person employed by a mental health agency, shall be addressed to and decided by the deputy director of the Division.

B.       Allegations involving conditions requiring investigation:

1.        Of other than a client death, which occurred in a mental health agency, or as a result of a person employed by a mental health agency, shall be addressed to and initially decided by:

a.        The director of the appropriate regional authority, if applicable; or

b.        If the mental health agency is operated exclusively by a governmental entity, the director of the agency; or

2.        Of a client death, which occurred in a mental health agency, or as a result of an action of a person employed by a mental health agency, shall be addressed to and decided by the deputy director of the Division.

C.       Within five days of receipt by a mental health agency of a grievance or request for investigation:

1.        The director of the mental health agency shall inform the person filing the grievance or request, in writing, that the grievance or request has been received;

2.        If the mental health agency is operated exclusively by a governmental entity, the director of the mental health agency shall provide a copy of the grievance to the appro- priate regional authority; and

3.        If the client is in need of special assistance, the agency director or deputy director shall immediately send a copy of the grievance or request to the Office of Human Rights and the human rights committee with jurisdiction over the agency.

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). Former Section R9-21-404 renumbered to R9-21-405; new Section R9-21-404 renumbered from

R9-21-403 and amended by exempt rulemaking at 9

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