Current through Register Vol. 50, No. 9, September 20, 2024
A. The PDHC
facility shall provide or arrange transportation of children to and from the
facility; however, no child, regardless of his/her region of origin, may be in
transport for more than one hour on any single trip. The PDHC facility is
responsible for the safety of the children during transport. The family may
choose to provide their own transportation.
B. Whether transportation is provided by the
facility on a daily basis or as needed, the general regulations under this
Section shall apply.
C. If the PDHC
facility provides transportation for children, the PDHC facility shall maintain
in force at all times current commercial liability insurance for the operation
of PDHC facility vehicles, including medical coverage for children in the event
of accident or injury.
1. This policy shall
extend coverage to any staff member who provides transportation for any child
in the course and scope of his/her employment.
2. The PDHC facility shall maintain
documentation that consists of the insurance policy or current binder that
includes the name of the PDHC facility, the name of the insurance company,
policy number, and period of coverage and explanation of coverage.
3. DHH Health Standards shall specifically be
identified as the certificate holder on the policy and any certificate of
insurance issued as proof of insurance by the insurer or producer (agent). The
policy must have a cancellation/change statement requiring notification of the
certificate holder 30 days prior to any cancellation or
change of coverage.
D. If the PDHC facility arranges
transportation for children through a transportation agency, the facility shall
maintain a written contract which is signed by a facility representation and a
representative of the transportation agency. The contract shall outline the
circumstances under which transportation will be provided.
1. The written contract shall be dated and
time limited and shall conform to these licensing regulations.
2. The transportation agency shall maintain
in force at all times current commercial liability insurance for the operation
of transportation vehicles, including medical coverage for children in the
event of accident or injury. Documentation of the insurance shall consist of
the:
a. insurance policy or current binder
that includes the name of the transportation agency;
b. name of the insurance agency;
c. policy number;
d. period of coverage; and
e. explanation of coverage.
3. DHH Health Standards shall
specifically be identified as the certificate holder on the policy and any
certificate of insurance issued as proof of insurance by the insurer or
producer (agent). The policy must have a cancellation/change statement
requiring notification of the certificate holder 30 days prior to any
cancellation or change of coverage.
E. Transportation arrangements, whether
provided by the PDHC facility directly or arranged by the PDHC facility through
a written contract with a transportation agency shall meet the following
requirements.
1. Transportation agreements
shall conform to state laws, including laws governing the use of seat belts and
child restraints. Vehicles shall be accessible for people with disabilities or
so equipped to meet the needs of the children served by the PDHC
facility.
2. The driver or
attendant shall not leave the child unattended in the vehicle at any
time.
F. Vehicle and
Driver Requirements
1. The requirements of
Subsection F of this Section shall apply to all transportation arrangements,
whether provided by the PDHC facility directly or arranged by the PDHC facility
through a written contract with a transportation agency.
2. The vehicle shall be maintained in good
repair with evidence of an annual safety inspection.
3. The following actions shall be prohibited
in any vehicle while transporting children:
a.
the use of tobacco in any form;
b.
the use of alcohol;
c. the
possession of illegal substances; and
d. the possession of firearms, pellet guns,
or BB guns (whether loaded or unloaded).
4. The number of persons in a vehicle used to
transport children shall not exceed the manufacturers recommended
capacity.
5. The facility shall
maintain a copy of a valid appropriate Louisiana drivers license for all
individuals who drive vehicles used to transport children on behalf of the PDHC
facility. At a minimum, a class "D" chauffeurs license is required for all
drivers who transport children on behalf of the PDHC facility.
6. Each transportation vehicle shall have
evidence of a current safety inspection.
7. There shall be first aid supplies in each
facility or contracted vehicle. This shall include oxygen, pulse oximeter, and
suction equipment. Additionally, this shall include airway management equipment
and supplies required to meet the needs of the children being
transported.
8. Each driver or
attendant shall be provided with a current master transportation list
including:
a. each childs name;
b. pick up and drop off locations;
and
c. authorized persons to whom
the child may be released.
i. Documentation
shall be maintained on file at the PDHC facility whether transportation is
provided by the facility or contracted.
9. The driver or attendant shall maintain an
attendance record for each trip. The record shall include:
a. the drivers name;
b. the date of the trip;
c. names of all passengers (children and
adults) in the vehicle; and
d. the
name of the person to whom the child was released and the time of
release.
10. There shall
be information in each vehicle identifying the name of the administrator and
the name, telephone number, and address of the facility for emergency
situations.
G. Child
Safety Provisions
1. The requirements of
Subsection G of this Section shall apply to all transportation arrangements,
whether provided by the PDHC facility directly or arranged by the PDHC facility
through a written contract with a transportation agency.
2. The driver and one appropriately trained
staff member shall be required at all times in each vehicle when transporting
any child. Staff shall be appropriately trained on the needs of each child, and
shall be capable and responsible for administering interventions when
appropriate.
3. Each child shall
be safely and properly:
a. assisted into the
vehicle;
b. restrained in the
vehicle;
c. transported in the
vehicle; and
d. assisted out of the
vehicle.
4. Only one
child shall be restrained in a single safety belt or secured in any American
Academy of Pediatrics recommended age appropriate safety seat.
5. The driver or appropriate staff person
shall check the vehicle at the completion of each trip to ensure that no child
is left in the vehicle.
a. The PDHC facility
shall maintain documentation that includes the signature of the person
conducting the check and the time the vehicle is checked. Documentation shall
be maintained on file at the PDHC facility whether transportation is provided
by the facility or contracted.
6. During field trips, the driver or staff
member shall check the vehicle and account for each child upon arrival at, and
departure from, each destination to ensure that no child is left in the vehicle
or at any destination.
a. The PDHC facility
shall maintain documentation that includes the signature of the person
conducting the check and the time the vehicle was checked for each loading and
unloading of children during the field trip. Documentation shall be maintained
on file at the PDHC facility whether transportation is provided by the facility
or contracted.
7.
Appropriate staff person(s) shall be present when each child is delivered to
the facility.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2193-40:2193.4.
