California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 8 - Standards for Facilities and Providers of Service
Article 4 - Other Providers of Service
Section 7302 - Standards for Mobility Evaluation Programs

Universal Citation: 9 CA Code of Regs 7302

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) In order to obtain Departmental approval as a mobility evaluation program, a provider shall comply with the provisions of this section.

(b) The provider shall be a separate and independent entity from adaptive driving equipment vendors and vehicle modification vendors.

(c) The provider shall have developed and shall maintain and follow:

(1) A written plan, which shall be made available to the clients, for providing the services in section 7164.4(c) and (d), including but not limited to:
(A) The specific procedures that will be followed in completing the evaluation.

(B) The type of equipment and vehicles that are available for use in the evaluations.

(C) An identification of the staff responsible for observation and documentation.

(2) A written policy which is provided to all staff regarding the protection of client confidentiality, including a statement that reports prepared for the Department shall be released only to Department staff.

(d) All vehicle and equipment operators shall be appropriately licensed by the California Department of Motor Vehicles according to the class of vehicle or type of equipment operated.

(e) All provider owned or operated vehicles shall be properly licensed, maintained and insured. To qualify as an evaluation vehicle, the instructor at a minimum must be able to operate the brakes and shut off the engine from the instructor's seat with the seat belt and shoulder harnesses in place.

(f) The provider shall maintain liability insurance of at least $1,000,000 per incident, with the State of California named as an additional insured.

(g) A licensed physician shall be available for consultation on questions of a medical nature.

(h) Each program shall have a driver evaluator to perform the mobility evaluation specified in section 7164.4(c) through (f). The driver evaluator shall possess the following qualifications:

(1) Be either:
(A) A registered occupational or licensed physical therapist with a minimum of two years' experience working with persons with physical disabilities.

(B) A person who meets the qualifications for rehabilitation engineering service provider specified in Section 7302.5.

(2) Have the experience or familiarity with the following areas necessary to perform a mobility evaluation.
(A) Driving systems and adaptive equipment.

(B) Equipment vendors.

(C) Assessment of a client's functioning in relation to driving.

(i) In addition to the driver evaluator, each program shall have a driver instructor to assist in the moving vehicle assessment specified in section 7164.4(c)(3)(B). The driver instructor shall possess the following qualifications:

(1) A valid California driver's license with documentation of no moving violations or felonies for three years.

(2) A high school diploma or its equivalent and three years personal driving experience, or a valid traffic and safety credential from the California Department of Education.

(3) Six months experience in behind-the-wheel driver training.

(4) The knowledge of disabilities necessary to assist in the moving vehicle assessment.

(j) In addition to the qualifications specified in (h) and (i), the driver evaluator and driver instructor shall have a combined minimum of two years of in-car driver evaluation/instruction experience.

(k) Prior to the Department granting approval of the mobility evaluation program, the provider shall:

(1) Provide documentation to the Department that the requirements contained in this section are met. Documentation shall include such items as copies of licenses, insurance policies and the written plans and policies required by this section.

(2) Agree to allow representatives of the Department access to all mobility evaluation program records, staff and premises, during regular business hours, necessary in order to verify that the provider is complying with the requirements of this section.

(3) Agree to notify the Department by telephone within one working day of any changes in the documentation upon which the Department's approval of the mobility evaluation program was based.

(l) Within 60 days of receipt of a mobility evaluation program's application for certification, the Department shall take one of the following actions, as appropriate:

(1) Inform the program that the application has been accepted and advise the program of the Department's decision to approve or deny certification.

(2) Inform the program that the application is deficient and identify the specific information that is required for the Department to make a decision to approve or deny certification. Upon the receipt of the required information, the Department shall have an additional 60 days in which to approve or deny certification.

(m) Upon completion of a mobility evaluation, the provider shall submit the following to the client's Counselor:

(1) For driver evaluations, a comprehensive written report containing all of the following:
(A) A summary of the clinical assessment.

(B) A statement of the client's potential to be a safe and independent driver.

(C) The type of vehicle which is necessary.

(D) The vehicle modifications and other adaptive equipment required, along with vendor sources and special instructions or problems.

(E) Recommendations regarding the type of follow-up services, if any, that are required, along with the type of provider best suited to perform such services.

(F) An estimation of the amount of driver's training needed, including the specific areas of training requiring emphasis and a statement of where the training is available.

(2) For passenger evaluations, a comprehensive written report including the information specified in (1)(A), (C), (D) and (E).

(n) Conformance to the requirements of this section shall not supersede the provider's responsibility to comply with other applicable state and federal laws and regulations, including but not limited to the Fair Labor Standards Act (29 USC, commencing with section 201), the accessibility standards set forth in title 24, California Code of Regulations, part 2, and the Federal Rehabilitation Act, 29 USC section 794.

1. New section and chapter heading filed 7-18-91; operative 8-17-91 (Register 91, No. 45).
2. Amendment of subsection (f)(1) and NOTE filed 1-2-92; operative 3-2-92 (Register 92, No. 18).
3. Change without regulatory effect relocating chapter heading to section 7290 filed 8-17-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 34).
4. Change without regulatory effect relocating article heading from section 7303 filed 8-17-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 34).
5. Change without regulatory effect amending subsection (k)(3) filed 5-9-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 19).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Section 19150, Welfare and Institutions Code; and 34 CFR Sections 361.42 and 361.45.

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