1. A. An administrator shall ensure that at the time of admission, a patient or the patient’s representative receives a written copy of the requirements in subsection (B) and the patient rights in subsection (C).

2. B. An administrator shall ensure that:

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

   2. 2. A patient as 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. Restraint or seclusion;
      9. i. Retaliation for submitting a complaint to the Department or another entity; or
      10. j. Misappropriation of personal and private property by a counseling facility’s personnel member, employee, volunteer, or student; and

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

      1. a. Either consents to or refuses counseling;
      2. b. May refuse or withdraw consent for receiving counseling before counseling is initiated;

      3. c. Is informed of the following:

         1. i. The counseling facility’s policy on health care directives, and
         2. ii. The patient complaint process;
      4. d. Consents to photographs of the patient before the patient is photographed, except that a patient may be photographed when admitted to a counseling facility for identification and administrative purposes; and

      5. e. Except as otherwise permitted by law, provides written consent to the release of information in the patient’s:

         1. i. Medical record, or
         2. ii. Financial records.

3. C. A patient 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 counseling that supports and respects the patient’s individuality, choices, strengths, and abilities;
   3. 3. To receive privacy during counseling;
   4. 4. To review, upon written request, the patient’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 counseling facility is not authorized or not able to provide the behavioral health services needed by the patient;
   6. 6. To participate or have the patient’s representative participate in the development of, or decisions concerning, the counseling provided to the patient;
   7. 7. To participate or refuse to participate in research or experimental treatment; and
   8. 8. To receive assistance from a family member, the patient’s representative, or other individual in understanding, protecting, or exercising the patient’s rights.

Historical Note

New Section made by exempt rulemaking at 20 A.A.R. 3535, pursuant to Laws 2014, Ch. 233, § 5; effective January 1, 2015 (Supp. 14-4).