Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0432 - Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or On Diversion to an Approved Holding Hospital or Nonhospital Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A secure
			 transport provider must be approved by the Division under this rule in order to
			 transport a person pursuant to the provisions of ORS
			 426.228,
			 426.231, and
			 426.233. A Secure transport
			 provider approved under this rule may transport the person only to a hospital
			 or nonhospital facility approved under OAR
			 309-033-0530 (Approval of
			 Hospitals and Nonhospital Facilities to Provide Services to Committed Persons
			 and to Persons in Custody and on Diversion).
(2) A secure transport provider shall submit
			 a letter of application to the Division. If approved, the Division shall issue
			 a certificate of approval to provide transportation services. This approval
			 shall be renewed every two years subject to the application of the secure
			 transport provider and review by the Division.
(3) Requirements for approval include all of
			 the following:
(a) Secure transport providers
			 must comply with the requirements in OAR
			 309-033-0435 (Client Rights with
			 Regards to a Secure Transport Provider) and OAR
			 309-033-0437 (Mechanical
			 Restraint by a Secure Transport Provider);
(b) The director of the county in which the
			 secure transport provider is located will submit to the governing body of the
			 county a letter formally identifying the secure transport provider as
			 authorized to provide secure transport services for the county throughout the
			 state as needed to transport persons in custody or on diversion;
(c) The director in the county in which the
			 secure transport is to be used shall submit a letter of recommendation for
			 approval to the Division on behalf of the secure transport provider with a copy
			 of the letter submitted to the governing body identifying that the secure
			 transport provider is authorized to provide secure transportation services for
			 persons in custody or on diversion; and
(d) The secure transport provider's vehicles
			 must:
(A) Have a secured rear seat in an area
			 separated from the driver;
(B) Have
			 a safety shield that prohibits physical contact with the driver;
(C) Have plexiglass or secured window guards
			 covering any windows in the secured area;
(D) Be washable and non-breakable in the
			 secured area;
(E) Be absent of
			 inside locks or door handles in the secured area;
(F) Have wrist and ankle restraints
			 (preferably soft non-metal) for use when necessary to control violent or overt
			 behavior;
(G) Be absent of any
			 foreign items or instruments in the secured area that may be used by the client
			 to inflict harm to self, attendant or person accompanying the client;
(H) Have an operating cellular phone or other
			 communication device for use in transit;
(I) Have an operable flashlight;
(J) Have a First Aid kit with disposable
			 gloves (universal precautions);
(K)
			 Have tire traction devices when appropriate;
(L) Have an operable horn, windshield wipers,
			 working turn signals, back-up lights, break lights, headlights, taillights, and
			 safety mirrors;
(M) Have adequate
			 ventilation and heating appropriate to the secured seating;
(N) Be licensed as an ambulance service in
			 accordance with OAR 333-250-0040, if providing
			 transportation to a Psychiatric Emergency Services (PES)
			 facility.