Kan. Admin. Regs. § 28-4-1268 - Transportation

Current through Register Vol. 40, No. 39, September 30, 2021

Each permittee and each licensee shall ensure that all of the following requirements are met when providing transportation for residents:

(a) Each permittee and each licensee shall implement policies and procedures for transportation of residents, including the following:
(1) Procedures to be followed in case of an accident, injury, or other incident as specified in K.A.R. 28-4-1257;
(2) a list of all staff members authorized to transport residents; and
(3) for each staff member authorized to transport residents, documentation of a valid driver's license that meets the requirements of the Kansas motor vehicle drivers' license act, K.S.A. 8-234a et seq. and amendments thereto.
(b) Each permittee and each licensee shall ensure that a safety check is performed on each transporting vehicle before being placed in service and annually. A record of each safety check and all repairs and improvements made shall be kept on file at the facility. When any resident is transported in a privately owned vehicle, the vehicle shall be in safe working condition.
(c) Each vehicle used to transport any resident shall be covered by accident and liabilityinsurance as required by the state of Kansas.
(d) Each transporting vehicle owned or leased by the facility shall have a first-aid kit, which shall include disposable nonporous gloves, a cleansing agent, scissors, bandages of assorted sizes, adhesive tape, a roll of gauze, one package of gauze squares at least four inches by four inches in size, and one elastic bandage.
(e) Each vehicle used to transport any resident shall be equipped with an individual seat belt for the driver and an individual seat belt for each passenger. The driver and each passenger shall be secured by a seat belt when the vehicle is in motion.
(f) The health and safety of the residents riding in any vehicle shall be protected.
(1) All passenger doors shall be locked while the vehicle is in motion.
(2) Order shall be maintained at all times. The driver shall be responsible for ensuring that the vehicle is not in motion if the behavior of the occupants prevents the safe operation of the vehicle.
(3) All parts of each resident's body shall remain inside the vehicle at all times.
(4) Residents shall neither enter nor exit the vehicle from or into a lane of traffic.
(5) When the vehicle is vacated, the driver shall make certain that no resident is left in the vehicle.
(6) Smoking in the vehicle shall be prohibited.
(7) Medical and surgical consent forms and health assessment records shall be in the vehicle if a resident is transported 60 miles or more from the facility.
(g) Each resident shall be transported directly to the location designated by the permittee or the licensee. No unauthorized stops shall be made along the way, except in an emergency.


Kan. Admin. Regs. § 28-4-1268
Authorized by and implementing K.S.A. 2013 Supp. 65-508; effective, T-28-12-17-13, Dec. 17, 2013; effective March 28, 2014.

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