Or. Admin. R. 309-033-0432

Current through Register Vol. 63, No. 6, June 1, 2024

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

(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.

Or. Admin. R. 309-033-0432

MHD 3-2000(Temp), f. 1-25-00, cert. ef. 1-25-00 thru 7-22-00; MHD 10-2000, f. & cert. ef. 7-21-00; MHS 28-2016, f. & cert. ef. 12/29/2016; BHS 24-2022, amend filed 12/20/2022, effective 12/20/2022

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 426.005 - 426.395