Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-49 - Transportation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee
			 providing any transportation to consumers shall adopt and adhere to written
			 policies and procedures that require the following:
(1) Before a staff member, a volunteer, or a
			 contractor provides any transportation of a minor consumer, the staff member,
			 volunteer, or contractor shall obtain permission to transport that minor from
			 the minor's parent or legal guardian. If the transportation of a minor is
			 necessary because of a medical or other emergency and permission cannot be
			 obtained, the nature of the emergency and the reason why that permission was
			 unable to be obtained shall be documented in the consumer's clinical record
			 required by K.A.R. 30-60-46.
(2)
			 Each driver of any vehicle used to transport a consumer shall be 18 years of
			 age or older and shall hold a current operator's license for the type of
			 vehicle being used.
(3) Each
			 vehicle owned or leased by the licensee shall be covered by accident and
			 liability insurance. Documentation of the current insurance coverage shall be
			 kept both within the vehicle and in the administrative records maintained by
			 the licensee in accordance with K.A.R. 30-60-45.
(4) Each vehicle owned or leased by the
			 licensee shall be equipped with a fire extinguisher and a first-aid kit, and
			 shall be maintained in a safe operating condition.
(5) No more persons may be transported in a
			 vehicle than the number of safety restraints that the vehicle contains. No more
			 than one person may utilize a single safety restraint at any time.
(6) Only age-appropriate safety restraints
			 may be utilized.
(7) No trailer
			 pulled by another vehicle or truck bed may be utilized to transport any
			 consumer. No motorcycle may be utilized to transport any consumer.
(8) Smoking shall not be permitted at any
			 time a minor consumer is being transported. Smoking shall not be permitted if
			 any consumer being transported objects to that smoking.
(9) The driver of the vehicle shall not
			 smoke, use a cellular telephone, or eat or drink while the vehicle is in
			 motion.
(10) The driver shall
			 require all parts of each passenger's body to remain inside of the vehicle
			 while the vehicle is in motion.
(11) The driver shall require all doors of
			 the vehicle to be locked while the vehicle is in motion.
(12) The driver shall not leave any minor
			 consumer unattended in the vehicle at any time. The driver shall make certain
			 that no consumer is left in the vehicle before vacating the vehicle.
(13) The driver shall transport each consumer
			 directly to the intended destination without any unauthorized stops en route,
			 except in cases of emergency.
(14)
			 The driver shall require other staff from the licensee to accompany the driver
			 on the trip whenever necessary to provide adequate supervision of the consumers
			 being transported either because of the number of consumers being transported
			 or because of the nature of a consumer's illness or disability.
(15) The driver shall not allow any consumer
			 to enter or exit the vehicle from or into a lane of traffic.
(16) If a personal vehicle belonging to any
			 staff member, a volunteer, or a contractor is utilized to transport a consumer,
			 the driver and owner of the vehicle shall be covered by sufficient liability
			 insurance to protect the interests of any consumer that is transported.