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RULE §550.1102Transportation Safety Provisions

(a) A center must adopt and enforce written policies and procedures to ensure the care and safety of minors during transport.

(b) A center must appropriately train staff on the needs of a minor being transported.

(c) A center must properly restrain or secure a minor when the minor is transported by the center in a motor vehicle, in accordance with applicable federal motor vehicle safety standards, state law, THSC Chapter 248A, and this chapter.

(d) A center must ensure that:

  (1) a minor boards and leaves the vehicle from the curbside of the street and is safely accompanied to the minor's destination;

  (2) there is a first aid kit with unexpired supplies, including oxygen, a pulse oximeter, and suction equipment, in each center vehicle;

  (3) the center prohibits the use of tobacco in any form, electronic cigarettes, alcohol and possession of illegal substances or unauthorized potentially toxic substances, firearms, pellet or BB guns, including loaded or unloaded BB guns, in any vehicle;

  (4) the driver does not use a hand-held wireless communication device while operating a center vehicle;

  (5) a center's nurse accompanies all minors during transport;

  (6) at least one direct care staff member, or more depending on the acuity of the minors, accompanies every seven minors;

  (7) the driver or center's nurse does not leave a minor unattended in the vehicle at any time;

  (8) the driver or the center's nurse riding in the vehicle inspects the vehicle at the completion of each trip to ensure that no minor is left in the vehicle; and

  (9) the center maintains documentation that includes the signature of the individual conducting the inspection described in paragraph (8) of this subsection and the time of inspection.

(e) A center must post near the emergency exit of each vehicle that transports a minor the following information in an easily readable font:

  (1) the name of the administrator;

  (2) the center's name;

  (3) the center's telephone number; and

  (4) the center's address.

(f) The center must adopt and enforce a policy on emergencies while transporting a minor. The policy must include:

  (1) procedures for mechanical break downs;

  (2) procedures for vehicle accidents; and

  (3) procedures for a minor's emergency.

(g) If a center conducts a field trip, the center must ensure that the driver or center's nurse riding in the vehicle must inspect the vehicle and account for each minor upon arrival and departure from each destination to ensure that no minor is left in the vehicle after reaching the vehicle's final destination.

  (1) A center must ensure that the driver or center's nurse riding in the vehicle maintains a field trip record for each trip. The record must include the driver's name, the nurse's name, the time and date, the vehicle's destinations, and names of all passengers in the vehicle.

  (2) A center must maintain documentation that includes the signature of the person conducting the inspection and the time of each inspection during the field trip.

  (3) Appropriate staff must be present when a minor is delivered to the center.

Source Note: The provisions of this §550.1102 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875

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