Chapter 10. DEPARTMENT OF HEALTH SERVICES - HEALTH CARE INSTITUTIONS: LICENSING

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

Historical Note Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3721, effective August 9, 2002 (Supp. 02-3).

A. A memory care services training program provider shall notify the Department in writing at least 30 days before the effective date of: 1. Termination of the provision of the memory care services training program, or 2. A change in the: a. Name under which the memory care servi…

ARTICLE 13. BEHAVIORAL HEALTH SPECIALIZED TRANSITIONAL FACILITY New Article 13, consisting of Sections R9-10-1301 through R9-10-1317, made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Article 13, consisting of Sections R9-10-1301 through R9-10-1…

A. A memory care services training program provider shall designate an administrator who meets the qualifications established by the memory care services training program provider. B. An applicant or memory care services training program provider shall provide the Department acce…

A. An individual is eligible to be a memory care services trainer if the individual: 1. Is a registered nurse with: a. A Certified Dementia Practitioner (CDP) or an equivalent certification, demonstrating knowledge in dementia care best practices and behavioral management; b. An …

A. Memory care services training programs, approved by the Department according to R9-10-122, shall provide staff and contractors who complete the training, a certificate of completion that may be used to work at an assisted living facility that is licensed to provide directed ca…

Definitions in A.R.S. § 36-401 and R9-10-101 apply in this Article unless otherwise specified. 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…

A. The governing authority for a behavioral health specialized transitional facility: 1. Is the superintendent of the state hospital; and 2. Shall: a. Establish, in writing: i. A behavioral health specialized transitional facility’s scope of services, and ii. Qualifications for a…

An administrator shall ensure that: 1. A plan is established, documented, and implemented for an ongoing quality management program that, at a minimum, includes: a. A method to identify, document, and evaluate incidents; b. A method to collect data to evaluate services provided t…

An administrator shall ensure that: 1. Contracted services are provided according to the requirements in this Article, and 2. Documentation of current contracted services is maintained that includes a description of the contracted services provided. Historical Note Emergency rule…

A. An administrator shall ensure that a personnel member: 1. Is at least 18 years old; and 2. Either: a. Holds a valid fingerprint clearance card issued under A.R.S. Title 41, Chapter 12, Article 3.1; or b. Submits to the administrator a copy of a fingerprint clearance card appli…

A. An administrator shall ensure that, before a patient is admitted to the behavioral health specialized transitional facility, a court of competent jurisdiction has ordered the patient to be: 1. Detained under A.R.S. § 36-3705(B) or § 36-3713(B); or 2. Committed under A.R.S. § 3…

A. An administrator shall ensure that annual written notice is given to a patient of the patient’s right to petition for: 1. Conditional release to a less restrictive alternative under A.R.S. § 36-3709, or 2. Discharge under A.R.S. § 36-3714. B. An administrator shall ensure that…

An administrator of a behavioral health specialized transitional facility that uses a vehicle owned or leased by the behavioral health specialized transitional facility to provide transportation to a patient shall ensure that: 1. The vehicle: a. Is safe and in good repair, b. Con…

An administrator shall ensure that: 1. A patient: a. Has privacy in treatment and personal care needs; b. Has the opportunity for and privacy in correspondence, communications, and visitation unless: i. Restricted by court order; or ii. Contraindicated on the basis of clinical ju…

A. A clinical director shall ensure that: 1. A treatment plan is developed and implemented for the patient: a. According to the behavioral health specialized transitional facility’s policies and procedures; b. Based on the assessment conducted under R9-10-1306(C)(4) and on-going …

A. A medical director shall ensure that: 1. A patient’s physical health is assessed during the physical examination specified in R9-10-1306(C)(1), and 2. Any physical health conditions identified through the assessment are addressed in the patient’s treatment plan. B. A medical d…

A. An administrator shall ensure that: 1. A medical record is established and maintained for each patient according to A.R.S. Title 12, Chapter 13, Article 7.1; 2. An entry in a patient’s medical record is: a. Recorded only by an individual authorized by facility policies and pro…

A. An administrator shall ensure that policies and procedures for medication services: 1. Include: a. A process for providing information to a patient about medication prescribed for the patient, including: i. The prescribed medication’s anticipated results, ii. The prescribed me…

A. An administrator shall ensure that: 1. The behavioral health specialized transitional facility has a license or permit as a food establishment under 9 A.A.C. 8, Article 1; 2. A copy of the behavioral health specialized transitional facility’s food establishment license is main…

A. A medical director shall ensure that policies and procedures for providing medical emergency treatment to a patient are established, documented, and implemented and include: 1. The medications, supplies, and equipment required on the premises for the medical emergency treatmen…

A. An administrator shall ensure that: 1. The premises and equipment are: a. Cleaned and, if applicable, disinfected according to policies and procedures designed to prevent, minimize, and control illness or infection; and b. Free from a condition or situation that may cause a pa…

A. An administrator shall ensure that a behavioral health specialized transitional facility complies with the applicable physical plant health and safety codes and standards for secure residential facilities, incorporated by reference in R9-10-104.01, in effect on the date the be…

In addition to the definitions in A.R.S. § 36-401 and R9-10-101, the following applies in this Article unless otherwise specified: “Emergency medical care technician” has the same meaning as in A.R.S. § 36-2201. Historical Note Adopted effective February 1, 1994 (Supp. 94-1). Ame…

A. A governing authority shall: 1. Consist of one or more individuals accountable for the organization, operation, and administration of a substance abuse transitional facility; 2. Establish, in writing: a. A substance abuse transitional facility’s scope of services, and b. Quali…

An administrator shall ensure that: 1. A plan is established, documented, and implemented for an ongoing quality management program that, at a minimum, includes: a. A method to identify, document, and evaluate incidents; b. A method to collect data to evaluate services provided t…

An administrator shall ensure that: 1. Contracted services are provided according to the requirements in this Article, and 2. Documentation of current contracted services is maintained that includes a description of the contracted services provided. Historical Note Adopted effect…

A. An administrator shall ensure that: 1. A personnel member is: a. At least 21 years old, or b. If providing behavioral health services, at least 18 years old; 2. An employee is at least 18 years old; 3. A student is at least 18 years old; and 4. A volunteer is at least 21 years…

An administrator shall ensure that: 1. A participant is admitted based upon the participant’s presenting behavioral health issue and treatment needs and the substance abuse transitional facility’s ability and authority to provide behavioral health services or physical health serv…

A. An administrator shall ensure that: 1. If a participant is not being transferred to another health care institution, before discharging the participant from a substance abuse transitional facility, a personnel member: a. Identifies the specific needs of the participant after d…

Except for a transfer of a participant due to an emergency, an administrator shall ensure that: 1. A personnel member coordinates the transfer and the services provided to the participant; 2. According to policies and procedures: a. An evaluation of the participant is conducted b…

A. An administrator shall ensure that: 1. The requirements in subsection (B) and the participant rights in subsection (C) are conspicuously posted on the premises; 2. At the time of admission, a participant or the participant’s representative receives a written copy of the requir…

A. An administrator shall ensure that: 1. A medical record is established and maintained for each participant according to A.R.S. Title 12, Chapter 13, Article 7.1; 2. An entry in a participant’s medical record is: a. Recorded only by a personnel member authorized by policies and…

A. An administrator shall ensure that counseling is: 1. Offered as described in the substance abuse transitional facility’s scope of services, 2. Provided according to the frequency and number of hours identified in the participant’s assessment, and 3. Provided by a behavioral he…

A. If a facility provides medication administration or assistance in the self-administration of medication, an administrator shall ensure that policies and procedures for medication services: 1. Include: a. A process for providing information to a participant about medication pre…

A. An administrator shall ensure that: 1. If a substance abuse transitional facility has a licensed capacity of more than 10 participants: a. Food services are provided in compliance with 9 A.A.C. 8, Article 1; and b. A copy of the substance abuse transitional facility’s food est…

A. An administrator shall ensure that: 1. An evacuation drill for employees and participants on the premises is conducted at least once every six months on each shift; 2. Documentation of each evacuation drill is created, is maintained for at least 12 months after the date of the…

A. An administrator shall ensure that: 1. The premises and equipment are sufficient to accommodate the activities, treatment, and ancillary services stated in the substance abuse transitional facility’s scope of services; 2. The premises and equipment are: a. Maintained in a cond…

A. An administrator shall ensure that a substance abuse transitional facility has: 1. A fire alarm system installed according to the National Fire Protection Association 72: National Fire Alarm and Signaling Code, incorporated by reference in R9-10-104.01, that is in working orde…

ARTICLE 15. ABORTION CLINICS Article 15, consisting of Sections R9-10-1501 through R9-10-1515, were either amended, renumbered and repealed by final rulemaking which means the public had the opportunity to comment on the rules and they were reviewed and approved by the Governor’s…

In addition to the definitions in A.R.S. §§ 36-401, 36-449.01, 36-449.03, 36-2151, 36-2158, and 36-2301.01 and R9-10-101, the following definitions apply in this Article, unless otherwise specified: 1. “Admitting privileges” means permission extended by a hospital to a physician …