Kan. Admin. Regs. § 30-60-49 - Transportation
(a) Each licensee
providing any transportation to consumers shall adopt and adhere to written
policies and procedures that require the following:
(1) Before a staff member, a volunteer, or a
contractor provides any transportation of a minor consumer, the staff member,
volunteer, or contractor shall obtain permission to transport that minor from
the minor's parent or legal guardian. If the transportation of a minor is
necessary because of a medical or other emergency and permission cannot be
obtained, the nature of the emergency and the reason why that permission was
unable to be obtained shall be documented in the consumer's clinical record
required by K.A.R. 30-60-46.
(2)
Each driver of any vehicle used to transport a consumer shall be 18 years of
age or older and shall hold a current operator's license for the type of
vehicle being used.
(3) Each
vehicle owned or leased by the licensee shall be covered by accident and
liability insurance. Documentation of the current insurance coverage shall be
kept both within the vehicle and in the administrative records maintained by
the licensee in accordance with K.A.R. 30-60-45.
(4) Each vehicle owned or leased by the
licensee shall be equipped with a fire extinguisher and a first-aid kit, and
shall be maintained in a safe operating condition.
(5) No more persons may be transported in a
vehicle than the number of safety restraints that the vehicle contains. No more
than one person may utilize a single safety restraint at any time.
(6) Only age-appropriate safety restraints
may be utilized.
(7) No trailer
pulled by another vehicle or truck bed may be utilized to transport any
consumer. No motorcycle may be utilized to transport any consumer.
(8) Smoking shall not be permitted at any
time a minor consumer is being transported. Smoking shall not be permitted if
any consumer being transported objects to that smoking.
(9) The driver of the vehicle shall not
smoke, use a cellular telephone, or eat or drink while the vehicle is in
motion.
(10) The driver shall
require all parts of each passenger's body to remain inside of the vehicle
while the vehicle is in motion.
(11) The driver shall require all doors of
the vehicle to be locked while the vehicle is in motion.
(12) The driver shall not leave any minor
consumer unattended in the vehicle at any time. The driver shall make certain
that no consumer is left in the vehicle before vacating the vehicle.
(13) The driver shall transport each consumer
directly to the intended destination without any unauthorized stops en route,
except in cases of emergency.
(14)
The driver shall require other staff from the licensee to accompany the driver
on the trip whenever necessary to provide adequate supervision of the consumers
being transported either because of the number of consumers being transported
or because of the nature of a consumer's illness or disability.
(15) The driver shall not allow any consumer
to enter or exit the vehicle from or into a lane of traffic.
(16) If a personal vehicle belonging to any
staff member, a volunteer, or a contractor is utilized to transport a consumer,
the driver and owner of the vehicle shall be covered by sufficient liability
insurance to protect the interests of any consumer that is transported.
(b) Nothing in this
regulation shall be construed to require any licensee to provide transportation
to any consumer.
Notes
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