1. 1. A patient:

   1. a. Has privacy in treatment and personal care needs;

   2. b. Has the opportunity for and privacy in correspondence, communications, and visitation unless:

      1. i. Restricted by court order; or
      2. ii. Contraindicated on the basis of clinical judgment, as documented in the patient’s medical record;

   3. c. Is given the opportunity to seek, speak to, and be assisted by legal counsel:

      1. i. Whom the court assigns to the patient, or
      2. ii. Whom the patient obtains at the patient’s own expense; and

   4. d. Is not subjected to:

      1. i. Abuse;
      2. ii. Neglect;
      3. iii. Exploitation;
      4. iv. Coercion;
      5. v. Manipulation;
      6. vi. Seclusion, if not necessary to prevent imminent harm to self or others;
      7. vii. Restraint, if not necessary to prevent imminent harm to self or others;
      8. viii. Sexual abuse according to A.R.S. § 13-1404; or
      9. ix. Sexual assault according to A.R.S. § 13-1406; and

2. 2. A patient or the patient’s representative:

   1. a. Is provided with the opportunity to participate in the development of the patient’s treatment plan and in treatment decisions before the treatment is initiated, except in a medical emergency;
   2. b. Is provided with information about proposed treatments, alternatives to treatments, associated risks, and possible complications;
   3. c. Is allowed to control the patient’s finances and have access to the patient’s personal funds account according to the behavioral health specialized transitional facility’s policies and procedures specified in R9-10-1302(C)(1)(j);
   4. d. Has an opportunity to review the medical record for the patient according to the behavioral health specialized transitional facility’s policies and procedures; and

   5. e. Receives information about the behavioral health specialized transitional facility’s policies and procedures for:

      1. i. Health care directives;
      2. ii. Filing complaints, including the telephone number of an individual at the behavioral health specialized transitional facility to contact about a complaint and the Department’s telephone number; and
      3. iii. Petitioning a court for a patient’s discharge or conditional release to a less restrictive alternative.

An administrator shall ensure that:

Historical Note

Emergency rule adopted effective November 29, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again effective February 28, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency rule adopted again effective May 28, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency rule adopted again effective August 27, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-3). Adopted with changes effective November 25, 1992 (Supp. 92-4). Section R9-10-1309 repealed effective November 1, 1998, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1998, Ch. 178, § 17; filed with the Office of the Secretary of State October 2, 1998 (Supp. 98-4). New Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2). Amended by final expedited rulemaking at 24 A.A.R. 2764, effective September 11, 2018 (Supp. 18-3).