On December 23, 2019, the Arizona Secretary of State certified Supplement 19-2 of 9 A.A.C. 10, thus making it the current rules for health care institions licensed by the Arizona Department of Health Services. What does this mean to a currently licensed health care facility, or, for a health care facility seeking initial licensure?
For existing licensees: On your next survey you will be expected to have updated your Policies and Procedures and operate your agency in compliance with the certified rules. If you have not updated your Policies and Procedures you could receive an Enforcement Action, which will reflect on your public license reports.
For initial license applications: You must comply with the December certified rules from your initial application, through the initial survey.
The changes in Title 9 are significant. For instance, there 232 Definitions in Chapter 1 alone. Those Definitions often refer to other sections of the Arizona Administrative Code. For instance: “Telemedicine has the same meaning as in A.R.S. § 36-3601.” Do you know that that means? If not, you need to know it. Here’s another one: “Sexual abuse means the same as in A.R.S. § 13-1404 (A).” Unless you know that definition, you could unknowingly be at risk of sexual abuse by one of your personnel members. Remember: Ignorance is not a defense under the law.
Rather than merely state the referenced code in our updated Policies and Procedures, we researched the code and then incorporated it into the definition, so that it is clear to all who read it.
In the examples above, our Policies and Procedures reads:
- “Telemedicine” has the same meaning as in A.R.S. § 36-3601, cited below;
Means the practice of health care delivery, diagnosis, consultation and treatment and the transfer of medical data through interactive audio, video or data communications that occur in the physical presence of the patient, including audio or video communications sent to a health care provider for diagnostic or treatment consultation
- “Sexual abuse” means the same as in A.R.S. § 13-1404(A), cited below;
A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.
In other definitions, I refer to an Appendix for a more comprehensive understanding. Here’s an example:
- “Equipment” means, in this Article, an apparatus, a device, a machine, or a unit that is required to comply with the specifications incorporated by reference in A.A.C. R9-1-412. (See Appendix)
Chapter 10 under Title 9 governs all healthcare institutions licensed by the Arizona Department of Health, which includes sober living homes. Title 9 has 21 Articles that pertain to different types of agencies.
Article 1 GENERAL (applies to all health care institutions)
Article 2 Hospitals
Article 3 Behavioral Health Inpatient Facilities
Article 7 Behavioral Health Residential Facilities
Article 10 Outpatient Treatment Centers
Article 19 Counseling Centers
Sober Living Homes will find their rules under 9 A.A.C. 12. (Title 9, Chapter 12 Department of Health Services).
As the owner or administrator of a behavioral health facility, it your responsibility to comply with the current Department Rules. The risk of non-compliance is not worth the effort it takes to maintain compliance.
My company specializes in writing policies and procedures for behavioral health agencies. We monitor the Department’s website and regularly communicate with Department surveyors to ensure that our policies and procedures are current and compliant. If you use our policies and procedures and are found deficient as the result of a non-compliant policy or procedure, we will revise the policies and procedures at no cost to you. While we cannot be responsible for the enforcement of the policies and procedures in your agency, we can help you train your personnel members so that they are educated and competent to deliver the behavioral health services for which their job description entails.
About the Author: Ken Chance, D. Div. is the former owner of three behavioral health agencies and a sober living home. His company offers behavioral health consulting services to individuals, families and treatment centers. Dr. Ken may be reached at 1.928.288.2004, or email at ken@kennethchance.com, or visit www.kennethchance.com for more information.