6 Colo. Code Regs. § 1011-4, pt. 7

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

Part 7 - STAFFING REQUIREMENTS

7.1 Manager and Administrator Minimum Qualifications. The county shall require each secure transportation service operating within its jurisdiction to have a manager and administrator who meet the following minimum qualifications:

(A) Be at least twenty-one (21) years of age, possess a high school diploma or GED, and:

(1) Have at least one (1) year documented supervisory experience in the provision of secure transportation services; or

(2) Be qualified by education, knowledge, and experience to oversee the secure transportation services provided;

(B) Be able to communicate, understand, and respond effectively to the client, family representatives, and other providers and be able to use appropriate translator services as needed;

(C) Be familiar with all applicable local, state, and federal laws and regulations concerning the operation and provision of secure transportation services;

(D) Be in good standing with any state regulatory agency if the manager or administrator is licensed or certified with DORA or the Department; and

(E) Have passed a background check that was performed by the secure transportation service or owner prior to the assumption of responsibilities in accordance with Part 7.6(C). The manager or administrator shall not conduct their own background check or any required follow up.

7.2 Administrator Responsibilities. The responsibilities of the administrator include, but are not limited to:

(A) Managing the business affairs and overall operation of the secure transportation service, including planning, organizing, developing, controlling, and/or maintaining the service's operations;

(B) Organizing and directing the service's ongoing functions;

(C) Overseeing a budgeting and accounting system;

(D) Designating in writing a qualified back up administrator to act in the administrator's absence or requiring the administrator or their qualified designee to be available in person or remotely to assist secure transportation service staff members with urgent matters that arise during all hours that staff are providing services;

(E) Ensuring the secure transportation service is in compliance with all applicable federal, state, and local laws;

(F) Ensuring the completion, maintenance, and submission of such reports and records as required by the county and/or Department;

(G) Developing and implementing a quality management program in accordance with Part 10 of these rules; and

(H) Maintaining appropriate records and all policies and procedures of the service, including, but not limited to:

(1) Personnel records, including verification of each staff member's compliance with orientation and annual training requirements set forth in Part 7.7 and verification of any applicable active professional licensure or certification;

(2) Client records, including individual trip logs and the data reporting requirements in accordance with Part 6 of these rules; and

(3) Financial and administrative records, including certificates of insurance for the secure transportation service.

7.3 Manager Responsibilities. The responsibilities of the manager include, but are not limited to:

(A) Supervising staff and the day-to-day operations of the service;

(B) Completing the applicable annual training and core competencies at Part 7.7;

(C) Ensuring annual training completion and core competencies for every staff member with direct client contact;

(D) Implementing a quality management program in accordance with Part 10 of these rules;

(E) Maintaining appropriate records and ensuring accurate completion of records, including, but not limited to:

(1) Personnel records; and

(2) Client records, including individual trip logs and the data reporting requirements in accordance with Part 6 of these rules; and

(F) Implementing all policies and procedures of the secure transportation service.

7.4 The manager and administrator may be the same person.

7.5 The county shall require the secure transportation service to inform the county within fourteen (14) business days, in writing, of changes regarding the manager or administrator of record.

7.6 Secure Transportation Service Staffing

(A) At a minimum, the county shall establish by resolution or regulations the following secure transportation staffing requirements:

(1) Any secure transportation vehicle driver must possess a current and valid driver's license.

(2) If a Type 1 vehicle is being used for the secure transport, then the following shall apply:

(a) If one (1) client is being transported, then one (1) staff member who possesses a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2) is required to staff a vehicle permitted for each secure transport. This staff member may also be the driver.

(b) If more than one (1) client is being transported, then one (1) staff member who possesses a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2) shall be assigned to accompany each individual client during transport. A 1:1 ratio of client to staff member shall be maintained during the transport. One of these staff members may also be the driver.

(3) If a Type 2 vehicle is being used for the secure transport, then the following shall apply:

(a) If one (1) client is being transported, then two (2) staff members are required to staff the vehicle. At minimum, the staff member who is not the driver shall possess a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2).

(b) If more than one (1) client is being transported, then one (1) staff member who possesses a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2) shall be assigned to accompany each individual client during transport. A 1:1 ratio of client to staff member shall be maintained during the transport, in addition to the driver who is not included in this staffing ratio requirement.

(B) Each staff member with direct client contact must possess a certification or proof of having completed the required coursework in Part 7.7, as applicable.

(C) The county shall ensure that the secure transportation service has a policy related to background checks for all staff members. Such background checks shall take place prior to an individual providing secure transportation services. The policy shall include, at a minimum:

(1) The secure transportation service's responsibility to conduct a background check on every existing and prospective staff member.

(a) If any background check reveals prior convictions of a violent, fraudulent, or abusive nature, the manager or administrator shall inquire further to determine the potential impact on client safety in accordance with the policies developed by the secure transportation service.

(b) If an individual is hired despite a background check that reveals a prior conviction of a violent, fraudulent, or abuse nature, the manager or administrator shall document the reasons for hire and plans for supervision.

7.7 Staff Training

(A) The county shall establish by resolution or regulations the following minimum staff training requirements for all staff with direct client contact:

(1) All staff shall complete orientation and achieve core competencies in training topics before providing secure transportation services. Orientation shall include, but is not limited to, required coursework in the following topics:

(a) Cultural competencies including, but not limited to, supporting persons with physical or cognitive disabilities, language accessibility, and accessing interpretive services;

(b) In-person or online verbal de-escalation training sessions that prioritize client and staff safety and inform restraint requirements set forth in Part 8.3;

(c) Trauma-informed care principles;

(d) Evade and escape violent encounter strategies;

(e) Internal policies and procedures applicable to the secure transportation service and staff, including, but not limited to the staff disciplinary policy;

(f) Client rights; and

(g) Compliance with applicable privacy laws, including, but not limited to Confidentiality of Substance Use Disorder Patient Records set forth at 42 CFR Part 2 for the support of clients with substance use disorders.

(2) In addition to completing the minimum training requirements set forth in Part 7.7(A)(1), all secure transportation staff members who provide direct client support shall also complete training during orientation and achieve core competencies in the following topics:

(a) Adult and Youth Mental Health First Aid as offered by educational institutions or by professional organizations such as mentalhealthfirstaid.org, or the equivalent;

(b) Basic First Aid and CPR; and

(c) Care of clients with substance use disorders.

(3) All secure transportation staff members who may utilize physical restraint, as defined at Part 2.21, during secure transportation of clients under Class A services shall, in addition to completing training set forth in Part 7.7(A)(1) and (2), also complete training during orientation and achieve core competencies in the following topics:

(a) Circumstances and protocols governing the permissible application of individual physical restraint during secure transport in accordance with Part 8 of these rules; and

(b) Safe application of individual physical restraint on clients during secure transport.

(B) All staff members shall complete orientation and achieve core competencies in training topics prior to providing secure transportation services, and annually thereafter or as recommended by the relevant training organizations.

(C) The secure transport service shall record and document each staff member's compliance with these orientation and annual training requirements and shall make them available to the county(ies) upon request.

6 CCR 1011-4, pt. 7

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