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

Historical Note Adopted effective July 24, 1978 (Supp. 78-4). Repealed effective July 6, 1994 (Supp. 94-3).

Historical Note Adopted effective July 24, 1978 (Supp. 78-4). Repealed effective July 6, 1994 (Supp. 94-3).

Historical Note Adopted effective July 24, 1978 (Supp. 78-4). Corrections: R9-10-1733(B)(2), correction in spelling, “architectural”; R9-10-1733(C)(1)(d), 100 square feet, corrected to read “1000” square feet, as certified effective July 24, 1978 (Supp. 87-2). Repealed effective …

ARTICLE 18. ADULT BEHAVIORAL HEALTH THERAPEUTIC HOMES Article 18, consisting of Sections R9-10-1801 through R9-10-1810, made by exempt rulemaking, pursuant to Laws 2013, Ch. 10, § 13 effective July 1, 2014 (Supp. 14-2). Section

In addition to the definitions in A.R.S. § 36-401 and R9-10-101, the following definitions apply in this Article unless otherwise specified: 1. “Acceptance” means, after a referral from a collaborating health care institution, an individual begins to live in and receive services …

A. In addition to the license application requirements in A.R.S. § 36-422 and 9 A.A.C. 10, Article 1, an applicant shall include, in a format provided by the Department: 1. The name of the backup provider; and 2. For the adult behavioral health therapeutic home’s collaborating he…

A. A governing authority of an adult behavioral health therapeutic home: 1. Consists of no more than two providers, who live in the adult behavioral health therapeutic home; 2. Has the authority and responsibility to manage the adult behavioral health therapeutic home; 3. Has a d…

A. A provider shall ensure that: 1. A resident is treated with dignity, respect, and consideration; 2. A resident is not subjected to: a. Abuse; b. Neglect; c. Exploitation; d. Coercion; e. Manipulation; f. Sexual abuse; g. Sexual assault; h. Seclusion; i. Restraint; j. Retaliati…

A. A provider shall ensure that behavioral health services and ancillary services are provided to a resident according to the resident’s treatment plan obtained from the adult behavioral health therapeutic home’s collaborating health care institution. B. A provider shall submit d…

A. If a provider provides assistance in the self-administration of medication, the provider shall ensure that: 1. If a resident is receiving assistance in the self-administration of medication, the resident’s medication is stored by the provider; 2. The following assistance is pr…

A. A provider shall ensure that: 1. A medical record is established and maintained for each resident according to A.R.S. Title 12, Chapter 13, Article 7.1; 2. An entry in a resident’s medical record is: a. Only recorded by the provider or individual designated by the provider to …

A provider shall ensure that: 1. Food is obtained, handled, and stored to prevent contamination, spoilage, or a threat to the health of a resident; 2. Three nutritionally balanced meals are served each day; 3. Nutritious snacks are available between meals; 4. Food served meets an…

A provider shall ensure that: 1. A first aid kit is available at an adult behavioral health therapeutic home sufficient to meet the needs of residents; 2. If a firearm or ammunition for a firearm is stored at an adult behavioral health therapeutic home: a. The firearm is stored s…

A. A provider shall ensure that an adult behavioral health therapeutic home: 1. Is in a building that: a. Is arranged, designed, and used for the living, sleeping, and housekeeping activities for one family on a permanent basis; and b. Is free of any plumbing, electrical, ventila…

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). Repealed by final rulemaking at 25 A.A.R. 1583, effective October 1, 2019 (Supp. 19-3).

In addition to the license application requirements in A.R.S. § 36-422 and 9 A.A.C. 10, Article 1, a governing authority applying for a license as a counseling facility shall submit, in a format provided by the Department: 1. The days and hours of clinical operation and, if diffe…

A. A governing authority shall: 1. Consist of one of more individuals accountable for the organization, operation, and administration of a counseling facility; 2. Establish, in writing: a. A counseling facility’s scope of services, and b. Qualifications for an administrator; 3. D…

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 New Section ma…

An administrator shall ensure that: 1. The qualifications, skills, and knowledge required for each type of personnel member: a. Are based on: i. The type of counseling expected to be provided by the personnel member according to the established job description, and ii. The acuity…

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). B. An administrator shall ensure that: 1. A patient is treated with di…

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 a personnel member authorized by policies and procedu…

A. An administrator of a counseling facility shall ensure that: 1. Counseling provided at the counseling facility is provided under the direction of a behavioral health professional; 2. A personnel member who provides counseling is at least 18 years old; and 3. If a counseling fa…

A. An administrator shall ensure that a counseling facility has either: 1. Both of the following: a. A smoke detector installed in each hallway of the counseling facility that is: i. Maintained in an operable condition; ii. Either battery operated or, if hard-wired into the elect…

A. An administrator of an affiliated outpatient treatment center may maintain the following information, required in this Article for a counseling facility for which the affiliated outpatient treatment center provides administrative support, integrated with information required i…

In addition to the definitions in R9-10-101, the following definitions apply in this Article, unless otherwise specified: 1. “Order” means to issue written, verbal, or electronic instructions for a specific dose of a specific medication in a specific quantity and route of adminis…

A. An applicant shall submit an application for licensure that meets the requirements in A.R.S. § 36-422 and 9 A.A.C. 10, Article 1. B. An applicant or licensee shall submit to the Department: 1. The applicable fees required in R9-10-106(C), and 2. The documentation required acco…

A. A licensee is responsible for the organization and management of a pain management clinic. B. A licensee shall: 1. Adopt policies and procedures for the administration and operation of a pain management clinic; 2. Designate a medical director who is licensed: a. As a physician…

A medical director 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 opioid-related adverse reactions or other incidents; b. A method to …

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

A. A medical director shall ensure that a medical record is established and maintained for a patient that contains: 1. Patient identification, including: a. The patient’s name, address, and date of birth; b. The patient’s representative, if applicable; and c. The name and telepho…

A medical director shall ensure that: 1. Medications are stored in a locked area on the premises; 2. Only personnel members designated by policies and procedures have access to the locked area containing medications; 3. Expired, mislabeled, or unusable medications are disposed of…

A. A medical director shall ensure that a medical practitioner or nurse anesthetist remains on the premises until all patients who received a procedure at the pain management clinic are discharged. B. A medical director shall ensure that, if a procedure other than the administrat…

A. A medical director shall ensure that: 1. The equipment is: a. Sufficient to accommodate: i. The services stated in the pain management clinic’s scope of services, and ii. An individual accepted as a patient by the pain management clinic; b. Maintained in working order; c. Test…

In addition to the definitions in A.R.S. § 36-401 and R9-10-101, the following definitions apply in this Article unless otherwise specified: 1. “Adult” means an individual the hospital designates as an adult based on the hospital’s criteria. 2. “Aftercare” means assistance provid…

A. A licensee shall ensure that the premises: 1. Provide lighting and ventilation to ensure the health and safety of a patient; 2. Are maintained in a clean condition; 3. Are free from a condition or situation that may cause a patient to suffer physical injury; 4. Are maintained …

A. In addition to the license application requirements in A.R.S. § 36-422 and Article 1 of this Chapter, an applicant for a hospital license shall include: 1. On the application the requested licensed capacity for the hospital, including: a. The number of inpatient beds for each …

A. A governing authority shall: 1. Consist of one or more individuals responsible for the organization, operation, and administration of a hospital; 2. Establish, in writing: a. A hospital’s scope of services, b. Qualifications for an administrator, c. Which organized services ar…

A. A governing authority shall ensure that an ongoing quality management program is established that: 1. Complies with the requirements in A.R.S. § 36-445; and 2. Evaluates the quality of hospital services and environmental services related to patient care. B. An administrator sh…

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

An administrator shall ensure that: 1. The qualifications, skills, and knowledge required for each type of personnel member: a. Are based on: i. The type of physical health services or behavioral health services expected to be provided by the personnel member according to the est…

A. A governing authority shall ensure that: 1. The organized medical staff is directly accountable to the governing authority for the quality of care provided by a medical staff member to a patient in a hospital; 2. The medical staff bylaws and medical staff regulations are appro…

A. An administrator shall ensure that: 1. A patient is admitted as an inpatient on the order of a medical staff member; 2. An individual, authorized by policies and procedures, is available to accept a patient for admission; 3. Except in an emergency, informed consent is obtained…

A. For an inpatient, an administrator shall ensure that discharge planning: 1. Is completed before discharge occurs; 2. Identifies the specific needs of the patient after discharge, if applicable; 3. Includes the participation of the patient or patient’s representative and, if ap…