Injury Law 14 (Title 36)
A.R.S. 36-446.11
Relief from civil liability
Members, employees and agents of the board and members of review committees shall not be held civilly liable for acts done or actions taken by any of these persons if such persons act in good faith following the requirements of this article. A person who in good faith reports or provides information to the board shall not be held civilly liable as a result of doing so.
Comment: The board who reviews nursing home practices cannot be liable for civil claims if their actions were in good faith.
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A.R.S. 36-504
Notice of patient's rights; notification to family
A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights set forth in this chapter and to rights that the deputy director, with the approval of the director, specifies by rule. A list of patients' rights as required by this chapter and by the division shall be compiled and published by the deputy director, with the approval of the director, by rule. The list shall be prominently posted in English and Spanish in all facilities providing evaluation or treatment. A patient's rights shall otherwise be brought to the attention of the patient as this chapter requires or the deputy director, with the approval of the director, may direct by rule.
B. An agency which is evaluating, examining or treating a person pursuant to article 4 or 5 of this chapter shall immediately notify the person's guardian or, if none, a member of the person's family that the person is being treated in the agency. If the person has an agent appointed pursuant to chapter 32 of this title, the agency shall notify that agent. If the agency is unable to learn the identity of the guardian or a member of the person's family or is unable to contact them, it shall document every attempt that was made to comply with such notification. The agency shall release any further information only after the treating professional or that person's designee interviews the person undergoing treatment or evaluation to determine whether or not release is in that person's best interests. A decision to release or withhold information is subject to review pursuant to section 36-517.01. The treating agency shall record the name of a person to whom any information is given.
Comment: This statute and the next ones in the same chapter concern the state of Arizona's interest in protecting mental health of patients here. Violations of these rules will likely place liability on any health care provider.
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A.R.S. 36-506
Civil rights not impaired; discrimination prohibited
A. Persons undergoing evaluation or treatment pursuant to this chapter shall not be denied any civil right, including but not limited to, the right to dispose of property, sue and be sued, enter into contractual relationships and vote. Court-ordered treatment or evaluation pursuant to this chapter is not a determination of legal incompetency, except to the extent provided in section 36-512.
B. A person who is or has been evaluated or treated in an agency for a mental disorder shall not be discriminated against in any manner, including but not limited to:
1. Seeking employment.
2. Resuming or continuing professional practice or previous occupation.
3. Obtaining or retaining housing.
4. Obtaining or retaining licenses or permits, including but not limited to, motor vehicle licenses, motor vehicle operators and chauffeurs licenses and professional or occupational licenses.
C. "Discrimination" for purposes of this section means any denial of civil rights on the grounds of hospitalization or outpatient care and treatment unrelated to a person's present capacity to meet the standards applicable to all persons. Applications for positions, licenses and housing shall contain no requests for information which encourage such discrimination.
D. Upon discharge from any treatment or evaluation agency, the patient shall be given written notice of the provisions of this section.
Comment: Patitents receiving mental health medical attention cannot be denied civil rights or discriminated against.
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A.R.S. 36-507
Patient's rights to privacy and to personal possessions
Every person undergoing evaluation or treatment pursuant to this chapter:
1. Has the right not to be fingerprinted.
2. Has the right not to be photographed without consent of the person and the person's attorney or guardian, except that the person may be photographed upon admission to an agency for identification and administrative purposes of the agency. All photographs shall be confidential and shall not be released by the agency except pursuant to court order.
3. Has the right to examine the written treatment program and the medical record, unless the attending physician or the physician's designee who is a health professional as defined in section 32-3201 determines that such an examination is contraindicated or the requirements of section 12-2293, subsection B are met. If the attending physician or the physician's designee denies such an examination, this determination shall be noted in the patient's medical record.
4. Has access to individual storage space for his private use while undergoing evaluation or treatment.
5. May wear the person's own clothing, keep and use the person's own personal possessions including toilet articles and to keep and be allowed to spend a reasonable sum of the person's own money for the person's own needs and comfort. Notwithstanding section 36-516, the director of the agency may deny the patient's rights under this paragraph if necessary to protect the safety of the patient or others. The denial shall be based on a written determination and entered into the patient's clinical record and that information shall be made available on request to the person or the person's attorney or guardian.
Comment: People receiving mental health treatment have an expectation and right of privacy under Arizona law.
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