6 Colo. Code Regs. § 1011-4, pt. 3

Current through Register Vol. 47, No. 17, September 10, 2024

Part 3 - COUNTY ISSUANCE OF LICENSES AND VEHICLE PERMITS

3.1 License Required

(A) Except as provided in Part 3.2 of these rules, no secure transportation service, public or private, shall transport a person experiencing a behavioral health crisis from any point within Colorado to any point within or outside Colorado unless that secure transportation service holds a valid license and permits issued by the county or counties in which the secure transportation service is based.

(B) Counties may enter into reciprocal licensing and permitting agreements:

(1) With other counties; and

(2) With neighboring states providing out-of-state secure transport services that comply with these rules or substantially equivalent out-of-state secure transport rules.

3.2 County Exemptions from Licensure or Permit Requirements

(A) The following entities may provide secure transportation services to an individual experiencing a behavioral health crisis without a secure transportation license:

(1) Ground Ambulance Agencies, licensed pursuant to Section 25-3.5-301, C.R.S.,

(2) Transportation services provided by the Office of Behavioral Health (OBH) within the DHS,

(3) Emergency service patrols established pursuant to Section 27-81-115, C.R.S., and

(4) Law enforcement.

(B) A ground ambulance agency licensed pursuant to Section 25-3.5-301, C.R.S. is exempt from additional secure transportation licensing requirements as set forth in Part 3.2(A) and is eligible to receive reimbursement pursuant to Section 25.5-5-328, C.R.S., if the ambulance agency meets all requirements set forth in 6 CCR 1011-4.

(1) A ground ambulance agency shall notify the Department if it is providing secure transportation services under its ground ambulance license as part of its secure transportation service profile set forth at Part 6.4.

(C) In the event that all licensed secure transportation services are unavailable to provide secure transportation services in a county, the county may establish a process by which secure transportation services that are not licensed within the county's jurisdiction are allowed to provide temporary secure transportation services to an individual experiencing a behavioral health crisis.

3.3 General Requirements for County Licensure of Secure Transportation Services and Permitting of Secure Transportation Vehicles

(A) Counties shall adopt and periodically review, by resolution or regulations, requirements for licensure of secure transportation services. The licensure requirements shall include, but not be limited to:

(1) Compliance with all applicable laws and regulations to operate a secure transportation service in Colorado.

(2) Submission of a completed application form adopted by the county.

(3) Submission of an application fee and vehicle permit fee(s), as defined in county resolution or regulation.

(4) Submission to the county, upon request, of copies of the secure transportation service's written policy and procedure manual, operational and, if applicable, medical protocols, training procedures, or other documentation the county may deem necessary.

(5) Demonstration by the applicant of minimum vehicle insurance coverage as defined by Section 10-4-609 and Section 42-7-103(2), C.R.S. with the county(ies) identified as the certificate holder.

(6) Demonstration by the applicant of proof of general liability and applicable professional liability insurance coverage, at a minimum:

(a) Liability insurance for injuries in the amount of $1,000,000 for each individual claim.

(b) Liability insurance in the amount of $3,000,000 for all claims made against the secure transportation service or against its personnel from an insurance company authorized to write liability insurance in Colorado.

(c) Liability insurance coverage to the maximum extent required by Section 24-10-114, C.R.S., as applicable, if the secure transportation service is granted qualified immunity under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.

(7) Demonstration by the applicant of proof of any additional insurance as identified in county resolution or regulations.

(8) Demonstration by the applicant of proof of a minimum level of worker's compensation consistent with the Colorado Worker's Compensation Act in Articles 40-47 of Title 8, C.R.S., as applicable.

(9) A requirement that a new owner shall obtain a secure transportation license and vehicle permit(s) prior to beginning operations and upon change of ownership of a secure transportation service.

(10) Compliance with client and crew vehicle safety standards as follows:

(a) All vehicles must demonstrate proof of compliance with Federal Motor Vehicle Safety Standards on the date of manufacture in accordance with the following:

(i) 49 C.F.R. Part 567.4(a) for manufactured motor vehicles (except replica motor vehicles and vehicles manufactured in two (2) or more stages),

(ii) 49 C.F.R. Part 567.5 for vehicles that are manufactured in two (2) or more stages, or

(iii) 49 C.F.R. Part 567.7 for certified vehicles that are altered.

(b) All vehicles must undergo routine vehicle maintenance and periodic checks in accordance with manufacturer recommendations.

(c) All vehicles must have the following safety features:

(i) Four doors;

(ii) Ligature risk reduction measures;

(iii) Child safety and window safety locks;

(iv) Global Positioning System (GPS) tracking;

(v) Occupant protection, including seat belts, supplemental inflatable restraints, and child safety seats (as applicable);

(vi) Cabin temperature control and ventilation system;

(vii) Be absent any foreign items or instruments in the secured area that may be used to inflict harm; and

(viii) Mirror for monitoring the client or capability for visual observation of the client.

(d) If a Type 1 vehicle with a safety partition that separates the driver from the passenger compartment is being used for the secure transportation service, then the vehicle must have the following additional safety features:

(i) Permanent installation of all safety partitions; and

(ii) For vehicles with a cargo area, a safety partition must also be installed that separates the passenger compartment from the cargo area;

(e) All vehicles must be equipped with the following:

(i) First aid kit;

(ii) Fire extinguisher;

(iii) Wireless two-way communication (public safety radio, commercial land mobile radio, or wireless telephone);

(iv) Biohazard bag;

(v) Personal protective equipment for each occupant as per public health recommendations; and

(vi) Map of service area.

(f) If a licensed secure transportation service utilizes physical restraint as part of its services, the vehicle shall additionally be equipped with the following:

(i) Automated external defibrillator (AED);

(ii) Non-metal, soft posey-type restraints; and

(iii) Device intended to prevent a client from spitting or biting that does not restrict the client's airway or breathing ability and does not pose a ligature risk.

(B) The county shall verify that each vehicle is inspected annually by qualified representatives, as defined and appointed by the county commissioners, to assure compliance with these rules. Counties shall ensure that all such representatives do not have any disclosed or undisclosed actual or potential conflicts of interest with the secure transportation service or inspection process.

(1) Counties shall verify that all equipment on the vehicle is properly secured and supplies are maintained and stored in accordance with this chapter and any manufacturer recommendations.

(2) A county may delegate or contract the vehicle inspection process but not the responsibility of licensure as set forth in Section 25-3.5-309, et seq., C.R.S.

(C) The county may impose, by resolution, additional requirements for the secure transportation service.

(D) A secure transportation service license or vehicle permit may not be assigned, sold, or otherwise transferred.

3.4 Licensure and Permitting Processes

(A) Secure Transportation Service License. A secure transportation service license shall be issued by each county in which the secure transportation service is based, as defined in Part 2.3 above. The county shall ensure compliance with these rules, including minimum requirements for equipment, training, operating procedures, and all additional license requirements established by that county.

(1) Licensure Classifications/Categories. The county shall create a process and procedure for the issuing of licenses for each secure transportation service. Secure transportation services have the following two (2) licensing options:

(a) Class A - services that may use physical restraint during secure transport pursuant to the parameters set forth in Part 8.3, and

(b) Class B - services that shall not use physical restraint during secure transport.

(2) Licensure Period. The licensure period for all secure transportation services shall be three (3) years.

(B) Vehicle Permits

(1) The county shall create a process and procedure for the issuing of permits for each vehicle used to provide secure transportation services.

(2) The type of permit issued will be determined by the type of vehicle that secure transportation services and their appropriate staff utilize when providing secure transportation services to clients. Secure transportation vehicles have the following two (2) permit options:

(a) Type 1 - vehicle with a safety partition that separates the driver from the passenger compartment, or

(b) Type 2 - non-partitioned vehicle.

(3) Each county may include in its resolution or regulations the requirements for identification of the permitted level of service on each vehicle issued a permit.

(4) The county shall renew each vehicle permit on an annual basis if the secure transportation service is in compliance with county regulations or resolution.

(5) The county shall ensure each vehicle used by the licensee meets the minimum requirements for vehicle design and safety standards in accordance with Part 3.3(A)(10) of this chapter.

3.5 License and Permit Renewal. Counties shall create a license and vehicle permit renewal process. The licensure and vehicle permit renewal process shall require the receipt of applications for renewal no less than thirty (30) days before the date of license and/or permit expiration.

6 CCR 1011-4, pt. 3

45 CR 14, July 25, 2022, effective 8/14/2022