Section 1240-07-10-.14 - TRANSPORTATION(1) Center Responsibility. (a) The adult day services center shall be fully responsible for the care and supervision of any participant for whom it provides transportation whether by center staff or by contract with a third party provider or otherwise.(b) The adult day services center shall develop a written transportation plan to include routine and emergency procedures to provide for the safety of participants. Accidents, medical emergencies, and escort issues shall be addressed.(2) Requirements for Tracking Participants during Transportation. (a) The driver of the vehicle, or another designated staff person riding on the vehicle, shall use a log to record the following information for each trip made by each vehicle: 1. First and last names of each participant;3. Pick-up place and time; and4. Delivery place and time.(b) The log shall be updated as each participant enters or exits the vehicle.(c) When the last participant exits the vehicle, the driver, or other designated staff person, shall physically inspect all seats and interior spaces by walking through the vehicle to ensure that all the participants being transported have exited the vehicle. The time and place of the physical inspection shall be recorded on the log and turned into the center at the end of each day.(d) The driver/center shall maintain a plan for contacting the responsible parties or emergency contacts for participants who are absent at scheduled pick-up locations.(3) Vehicle Occupancy. (a) The driver will only be away from the vehicle long enough to assist each participant to his/her destination after which the driver will promptly return to the vehicle.(b) The driver shall not leave the vehicle for personal reasons, or any reason not directly related to the transport or safety of the participants.(4) Any vehicle used either by the adult day services center, or under the sponsorship or control of the center, which is used for transportation of participants shall be covered by vehicle liability insurance.(5) Vehicles used to transport participants shall be maintained in safe working condition and shall comply with all applicable state laws.(6) Participants shall not be on a vehicle for more than one and one-half hours without the opportunity for a rest stop.(7) All vehicles used to transport participants shall have an operational fire extinguisher, emergency triangles, a seat belt cutter, a working flashlight, a first aid kit, and a bloodborne pathogens kit on the vehicle.(8) Transportation Staff Qualifications. Drivers of any vehicle used to transport participants shall have a proper license and endorsement required for the transportation of the number of passengers transported and the vehicle size and weight as required in Tennessee Code Annotated, Title 55, Chapter 50.
(a) All staff (volunteer and employees) responsible for transporting participants shall receive adequate training regarding these laws, as well as any center-specific procedures, which are not in conflict with these laws, prior to first performing transportation duties.(b) All staff responsible for transportation shall receive annual training provided by the Department and shall be required to retake the initial training if the agency has a transportation violation.(c) Completion of such training shall be documented in the staffs'/volunteers' records.Tenn. Comp. R. & Regs. 1240-07-10-.14
Original rule filed December 14, 1999; effective 2/27/2000. Repeal and new rule filed February 23, 2018; effective 5/24/2018. Amendments filed October 25, 2022; effective 1/23/2023.Authority: T.C.A. §§ 4-5-201, et seq.; and 71-2-401, et seq.