Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-201 - Civil and Other Legal Rights

Current through Register Vol. 30, No. 28, July 12, 2024
A. Clients shall
				have all rights accorded by applicable law, including but not limited to those
				prescribed in A.R.S. §§
									36-504 through 36517.02. Any
				individual or agency providing behavioral health services or community services
				as defined in R9-21-101 shall not abridge these rights, including the
				following:
1. Those civil rights set forth in
				A.R.S. §
										36-506;
2. The right to acquire and dispose of
				property, to execute instruments, to enter into contractual relationships, to
				hold professional or occupational or vehicle operator's licenses, unless the
				client has been adjudicated incompetent or there has been a judicial order or
				finding that such client is unable to exercise the specific right or category
				of rights. In the case of a client adjudicated incompetent, these rights may be
				exercised by the client's guardian, in accordance with applicable
				law;
3. The right to be free from
				unlawful discrimination by the Administration or by any mental health agency on
				the basis of race, creed, religion, sex, sexual preference, age, physical or
				mental handicap or degree of handicap; provided, however, classifications based
				on age, sex, category or degree of handicap shall not be considered
				discriminatory, if based on written criteria of client selection developed by a
				mental health agency and approved by the Administration as necessary to the
				safe operation of the mental health agency and in the best interests of the
				clients involved;
4. The right to
				equal access to all existing behavioral health services, community services,
				and generic services provided by or through the state of Arizona;
5. The right to religious freedom and
				practice, without compulsion and according to the preference of the
				client;
6. The right to vote,
				unless under guardianship, including reasonable assistance when desired in
				registering and voting in a nonpartisan and noncoercive manner;
7. The right to communicate including:
a. The right to have reasonable access to a
				telephone and reasonable opportunities to make and receive confidential calls
				and to have assistance when desired and necessary to implement this
				right;
b. The unrestricted right to
				send and receive uncensored and unopened mail, to be provided with stationery
				and postage in reasonable amounts, and to receive assistance when desired and
				necessary to implement this right;
8. The right to be visited and visit with
				others, provided that reasonable restrictions may be placed on the time and
				place of the visit but only to protect the privacy of other clients or to avoid
				serious disruptions in the normal functioning of the mental health
				agency;
9. The right to associate
				with anyone of the client's choosing, to form associations, and to discuss as a
				group, with those responsible for the program, matters of general interest to
				the client, provided that these do not result in serious disruptions in the
				normal functioning of the mental health agency. Clients shall receive
				cooperation from the mental health agency if they desire to publicize and hold
				meetings and clients shall be entitled to invite visitors to attend and
				participate in such meetings, provided that they do not result in serious
				disruptions in the normal functioning of the mental health agency;
10. The right to privacy, including the right
				not to be fingerprinted and photographed without authorization, except as
				provided by A.R.S. §
										36-507(2);
11. The right to be informed, in appropriate
				language and terms, of client rights;
12. The right to assert grievances with
				respect to infringement of these rights, including the right to have such
				grievances considered in a fair, timely, and impartial procedure, as set forth
				in Article 4 of these rules, and the right not to be retaliated against for
				filing a grievance;
13. The right
				of access to the Office of Human Rights to request assistance in order to
				understand, exercise, and protect a client's rights;
14. The right to be assisted by an attorney
				or designated representative of the client's own choice, including the right to
				meet in a private area at the program or facility with an attorney or
				designated representative. Nothing in this Chapter shall be construed to
				require the Administration or any mental health agency to pay for the services
				of an attorney who consults with or represents a client;
15. The right to exercise all other rights,
				entitlements, privileges, immunities provided by law, and specifically those
				rights of consumers of behavioral health services or community services set
				forth in A.R.S. §§
										36-504 through
				36-517.02;
16. The same civil rights as all other
				citizens of Arizona, including the right to marry and to obtain a divorce, to
				have a family, and to live in the community of their choice without constraints
				upon their independence, except those constraints to which all citizens are
				subject.