Regulation detail

§ R9-21-402 - General

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R9-21-402 - General

Jurisdiction: AZ
CCBHC (40%) CMHC (40%) MH_RESIDENTIAL (40%) OUTPATIENT (40%) PRTF (40%) PSYCH_FACILITY (40%) SUD_RESIDENTIAL (40%)
Plain-English summary

This Arizona regulation establishes the Administration's policy for conducting investigations and resolving grievances related to behavioral health clients. It covers four triggering circumstances: client death, alleged rights violations, dangerous/illegal/inhumane conditions, and other matters in the public interest. Any client, guardian, advocate, or concerned person may file a grievance or request an investigation, and all proceedings must be handled promptly and with respect for client dignity and rights.

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Regulation text
Ariz. Admin. Code § R9-21-402 - General 

 State Regulations 

 Compare

A.
 It
 is the policy of the Administration to conduct investigations and bring matters
 to a resolution in four circumstances: first, in the event of a death of a
 client; second, whenever there is alleged to have occurred a rights violation;
 third, whenever there is alleged to exist a condition requiring investigation
 because it is dangerous, illegal or inhumane; and fourth, in any other case
 where an investigation would be in the public interest, as determined by the
 Administration. The purpose of
 
R9-21-402
 through
 
R9-21-410
 is to implement that
 policy. All investigations according to 
R9-21-402
 through 
R9-21-410
 shall be
 carried out in a prompt and equitable manner and with due regard for the
 dignity and rights of all persons involved. 
R9-21-402
 through 
R9-21-410
 do not
 obviate the need for systematically reporting, where appropriate, accidents and
 injuries involving clients.

B.
 This
 grievance and investigation procedure applies to any allegation that a rights
 violation or a condition requiring investigation, as defined in
 
R9-21-101
, has occurred or
 currently exists.
1.
 A grievance may be filed
 by a client, guardian, human rights advocate, Independent Oversight Committee,
 State Protection and Advocacy System, designated representative, or any other
 concerned person when a violation of the client's rights or of the rights of
 several clients has occurred.

2.
 A
 request for an investigation may be filed by any person whenever a condition
 requiring investigation occurs or has occurred.

3.
 Allegations about the need for or
 appropriateness of behavioral health services or community services should be
 addressed according to the Individual Service Planning Sections
 
R9-21-301
 through
 
R9-21-314
 and according to
 
R9-21-401
, as applicable.

Notes

Ariz. Admin. Code §
 
R9-21-402

Adopted under an
 exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301,
 § 61, effective October 7, 1992; received in the Office of the Secretary
 of State October 14, 1992 (Supp. 92-4). Former Section R9-21-402 renumbered to
 
R9-21-403
;
 new Section R9-21-402 renumbered from
 
R9-21-401
 and amended by
 exempt rulemaking at 9 A.A.R. 3296, effective June 30, 2003 (Supp. 03-2).
 Amended by final rulemaking at
 
22
 A.A.R. 2019
, effective 
7/12/2016
. Amended by final rulemaking at
 
29
 A.A.R. 898
, effective 
5/30/2023
.

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