Ariz. Admin. Code § R9-10-511 - Resident Rights
A. An
administrator shall ensure that:
1. The
requirements in subsection (B) and the resident rights in subsection (C) are
conspicuously posted on the premises;
2. At the time of admission, a resident or
the resident's representative receives a written copy of the requirements in
subsection (B) and the resident rights in subsection (C); and
3. Policies and procedures include:
a. How and when a resident or the resident's
representative is informed of resident rights in subsection (C), and
b. Where resident rights are posted as
required in subsection (A)(1).
B. An administrator shall ensure that:
1. A resident has privacy in:
a. Treatment,
b. Bathing and toileting,
c. Room accommodations, and
d. Visiting or meeting with another resident
or an individual;
2. A
resident is treated with dignity, respect, and consideration;
3. A resident is not subjected to:
a. Abuse;
b. Neglect;
c. Exploitation;
d. Coercion;
e. Manipulation;
f. Sexual abuse;
g. Sexual assault;
h. Except as allowed in
R9-10-515, seclusion or
restraint;
i. Retaliation for
submitting a complaint to the Department or another entity;
j. Misappropriation of personal and private
property by an ICF/IID's personnel members, employees, volunteers, or students;
or
k. Segregation solely based on
the resident's disability; and
4. A resident or the resident'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 alternatives to psychotropic medication and the associated risks and
possible complications of the psychotropic medication;
d. Is informed of the following:
i. The health care institution's policy on
health care directives, and
ii. The
resident complaint process;
e. Consents to photographs of the resident
before the resident is photographed, except that the resident may be
photographed when admitted to an ICF/IID for identification and administrative
purposes;
f. May manage the
resident's financial affairs;
g.
Has access to and may communicate with any individual, organization, or
agency;
h. Except as provided in
the resident's individual program plan, has privacy:
i. In interactions with other residents or
visitors to the ICF/IID,
ii. In the
resident's mail, and
iii. For
telephone calls made by or to the resident;
i. May review the ICF/IID's current license
survey report and, if applicable, plan of correction in effect;
j. May review the resident's financial
records within two working days and medical records within one working day
after the resident's or the resident's representative's request;
k. May obtain a copy of the resident's
financial records and medical records within two working days after the
resident's request and in compliance with A.R.S. §
12-2295;
l. Except as otherwise permitted by law,
consents, in writing, to the release of information in the resident's:
i. Medical record, and
ii. Financial records;
m. May select a pharmacy of choice if the
pharmacy complies with policies and procedures and does not pose a risk to the
resident;
n. Is informed of the
method for contacting the resident's attending physician;
o. Is informed of the resident's overall
physical and psychosocial well-being, as determined by the resident's
comprehensive assessment;
p. Is
provided with a copy of those sections of the resident's medical record that
are required for continuity of care free of charge, according to A.R.S. §
12-2295, if the resident is
transferred or discharged; and
q.
Except in the event of an emergency, is informed orally or in writing before
the ICF/IID makes a change in a resident's room or roommate assignment and
notification is documented in the resident's medical
record.
C. In
addition to the rights in A.R.S. §
36-551.01, a resident 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 resident's individuality, choices, strengths, and
abilities;
3. To choose activities
and schedules consistent with the resident's interests that do not interfere
with other residents;
4. To
participate in social, religious, political, and community activities that do
not interfere with other residents;
5. To retain personal possessions including
furnishings and clothing as space permits unless The use of the personal
possession infringes on the rights or health and safety of other
residents;
6. To share a room with
the resident's spouse if space is available and the spouse consents;
7. To receive a referral to another health
care institution if the ICF/IID is not authorized or not able to provide active
treatment or other physical health services or behavioral care needed by the
resident;
8. To participate or
have the resident's representative participate in the development of the
resident's individual program plan or decisions concerning treatment;
9. To participate or refuse to participate in
research or experimental treatment; and
10. To receive assistance from a family
member, the resident's representative, or other individual in understanding,
protecting, or exercising the resident's rights.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. An administrator shall ensure that:
1. The requirements in subsection (B) and the resident rights in subsection (C) are conspicuously posted on the premises;
2. At the time of admission, a resident or the resident's representative receives a written copy of the requirements in subsection (B) and the resident rights in subsection (C); and
3. Policies and procedures include:
a. How and when a resident or the resident's representative is informed of resident rights in subsection (C), and
b. Where resident rights are posted as required in subsection (A)(1).
B. An administrator shall ensure that:
1. A resident has privacy in:
a. Treatment,
b. Bathing and toileting,
c. Room accommodations, and
d. Visiting or meeting with another resident or an individual;
2. A resident is treated with dignity, respect, and consideration;
3. A resident is not subjected to:
a. Abuse;
b. Neglect;
c. Exploitation;
d. Coercion;
e. Manipulation;
f. Sexual abuse;
g. Sexual assault;
h. Except as allowed in R9-10-515, seclusion or restraint;
i. Retaliation for submitting a complaint to the Department or another entity;
j. Misappropriation of personal and private property by an ICF/IID's personnel members, employees, volunteers, or students; or
k. Segregation solely on the basis of the resident's disability; and
4. A resident or the resident'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 alternatives to psychotropic medication and the associated risks and possible complications of the psychotropic medication;
d. Is informed of the following:
i. The health care institution's policy on health care directives, and
ii. The resident complaint process;
e. Consents to photographs of the resident before the resident is photographed, except that the resident may be photographed when admitted to an ICF/IID for identification and administrative purposes;
f. May manage the resident's financial affairs;
g. Has access to and may communicate with any individual, organization, or agency;
h. Except as provided in the resident's individual program plan, has privacy:
i. In interactions with other residents or visitors to the ICF/IID,
ii. In the resident's mail, and
iii. For telephone calls made by or to the resident;
i. May review the ICF/IID's current license survey report and, if applicable, plan of correction in effect;
j. May review the resident's financial records within two working days and medical record within one working day after the resident's or the resident's representative 's request;
k. May obtain a copy of the resident's financial records and medical record within two working days after the resident's request and in compliance with A.R.S. § 12-2295;
l. Except as otherwise permitted by law, consents, in writing, to the release of information in the resident's:
i. Medical record, and
ii. Financial records;
m. May select a pharmacy of choice if the pharmacy complies with policies and procedures and does not pose a risk to the resident;
n. Is informed of the method for contacting the resident's attending physician;
o. Is informed of the resident's overall physical and psychosocial well-being, as determined by the resident's comprehensive assessment;
p. Is provided with a copy of those sections of the resident's medical record that are required for continuity of care free of charge, according to A.R.S. § 12-2295, if the resident is transferred or discharged; and
q. Except in the event of an emergency, is informed orally or in writing before the ICF/IID makes a change in a resident's room or roommate assignment and notification is documented in the resident's medical record.
C. In addition to the rights in A.R.S. § 36-551.01, a resident 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 resident's individuality, choices, strengths, and abilities;
3. To choose activities and schedules consistent with the resident's interests that do not interfere with other residents;
4. To participate in social, religious, political, and community activities that do not interfere with other residents;
5. To retain personal possessions including furnishings and clothing as space permits unless use of the personal possession infringes on the rights or health and safety of other residents;
6. To share a room with the resident's spouse if space is available and the spouse consents;
7. To receive a referral to another health care institution if the ICF/IID is not authorized or not able to provide active treatment or other physical health services or behavioral care needed by the resident;
8. To participate or have the resident's representative participate in the development of the resident's individual program plan or decisions concerning treatment;
9. To participate or refuse to participate in research or experimental treatment; and
10. To receive assistance from a family member, the resident's representative , or other individual in understanding, protecting, or exercising the resident's rights.