1. A. A provider shall ensure that:

   1. 1. A recipient is treated with dignity, respect, and consideration;

   2. 2. A recipient is not subjected to:

      1. a. Abuse;
      2. b. Neglect;
      3. c. Exploitation;
      4. d. Coercion;
      5. e. Manipulation;
      6. f. Sexual abuse;
      7. g. Sexual assault;
      8. h. Seclusion;
      9. i. Restraint;
      10. j. Retaliation for submitting a complaint to the Department or another entity; or

      11. k. Misappropriation of personal and private property by:

          1. i. A behavioral health respite home’s provider, or
          2. ii. An individual other than a recipient residing in the behavioral health respite home; and

   3. 3. A recipient or the recipient’s representative:

      1. a. Is informed of the recipient complaint process;
      2. b. Consents to photographs of the recipient before the recipient is photographed, except that a recipient may be photographed when accepted by a behavioral health respite home for identification and administrative purposes; and
      3. c. Except as otherwise permitted by law, provides written consent to the release of information in the recipient’s medical record.

2. B. A recipient has the following rights:

   1. 1. Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;
   2. 2. To receive services that support and respect the recipient’s individuality, choices, strengths, and abilities;
   3. 3. To receive privacy in care for personal needs;
   4. 4. To review, upon written request, the recipient’s own medical record according to A.R.S. §§ 12-2293, 12-2294, and 12-2294.01;
   5. 5. To receive a referral to another health care institution if the provider is not authorized or not able to provide physical health services or behavioral health services needed by the recipient; and
   6. 6. To receive assistance from a family member, recipient’s representative, or other individual in understanding, protecting, or exercising the recipient’s rights.

Historical Note

Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Section R9-10-1604 renumbered to R9-10-1605; new Section R9-10-1604 renumbered from R9-10-1603 and amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).