HomeMy WebLinkAboutR22-104 Adopting Eagle County Policy and Procedures Regarding Secure Transportation Services DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Commissioner scherr moved adoption
of the following resolution:
RESOLUTION 2022 - 104
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
EAGLE COUNTY, COLORADO ADOPTING THE EAGLE COUNTY POLICY AND
PROCEDURES REGARDING SECURE TRANSPORTATION SERVICES
WHEREAS,Eagle County,Colorado(the"County")is a political subdivision of the State
of Colorado (the "State "), duly organized and existing pursuant to the laws and the Constitution
of the State; and
WHEREAS,the Secure Transportation Behavioral Health Crisis Act,House Bill 21-1085,
adopted in 2021, created a regulatory and service system to provide public or private secure
transportation services to individuals experiencing a behavioral health crisis; and,
WHEREAS, the Bill directed each county's Board of County Commissioners to
implement a program, including issuing licenses and vehicle permits for such transports,
processing complaints and enforcement of the rules associated with the program; and,
WHEREAS, pursuant to the provisions of C.R.S § 25-3.5-310, the Board of County
Commissioners of any County may impose, by resolution, additional requirements for Secure
Transportation that is based in that county.
WHEREAS, the County desires to establish guidelines concerning any licensing,
permitting and compliance concerning Secure Transportation Services.
WHEREAS,the County now wishes establish and provide certain administrative authority
to the Eagle County Public Health and its designees to implement a program for Secure
Transportation Services; and
WHEREAS, the Bill directed each county to have such a program in place by January 1,
2023.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF EAGLE COUNTY, COLORADO that the Board hereby adopts a
policy and regulations regarding Secure Transportation Services as attached hereto as Exhibit 1.
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67 BoardDocs®Plus
EAGLE COUNTY
Agenda Item Details
Meeting Dec 20, 2022 - BoCC Regular Meeting
Category I. Business Item(s)
Subject Resolution Adopting Eagle County Regulations for Secure Transportation Services
Access Public
Type Action
Preferred Date Dec 20, 2022
Absolute Date Dec 20, 2022
Fiscal Impact No
Budgeted No
•
Recommended Action Approve the Resolution adopting Eagle County Regulations for Secure Transportation Services
Goals Goal 2. Eagle County is a Great Place to Live for All
Strategic Plan
•
Public Content
Prepared By: Heath Harmon and Steve Mallory
Department: Public Health & Environment
Executive Summary: In 2021, the governor signed into law House Bill 21-1085 which created newly regulated secure
transportation services for individuals experiencing a behavioral health crisis. This law required the Colorado Department
of Public Health and Environment (CDPHE) to create minimum standards for most secure transportation services. The law
requires counties to implement these standards by January 1, 2023. Specifically, Counties must:
1. License secure transportation services,
2. Issue permits for secure transportation service vehicles, and
3. Enforce the minimum standards that secure transportation services must follow.
The minimum standards issued by CDPHE have been converted into regulations that meet these requirements. Adoption
of this resolution will ensure that any entity providing secure transportation services, with limited exceptions, must apply
for and receive a license issued by Eagle County for any services based in Eagle County and that each vehicle will be
permitted on or after January 1, 2023.
Reviewing Attorney: Steve Mallory
• BoCC signature?: Yes
Administrative Content
https://go.boarddocs.com/co/eagleco/Board.nsf/Private?open&login 1/2
DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 20th day of December 2022.
c DocuSigned by:
��GL c COUNTY OF EAGLE, STATE OF
06' COLORADO, By and Through Its
-a,.p.. BOARD OF COUNTY COMMISSIONERS
ATTEST:
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County Commissioners County Commissioners Chair
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Kathy Chandler-Henry
Commissioner
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Matt Scherr
Commissioner
Commissioner chandl er-Henry seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Ayp
Commissioner Scherr Aye
3/0 the Board of CountyCommissioners of the County
resolution passed by vote of
of Eagle, State of Colorado
DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Exhibit 1
DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
EAGLE COUNTY, STATE OF COLORADO
REGULATIONS
CONCERNING LICENSING OF
SECURE TRANSPORTATION SERVICES
ARTICLE I. AUTHORITY, PURPOSE AND INTENT
These Regulations are adopted pursuant to the authority granted to the Board of County
Commissioners ("Board") of Eagle County("County")under C.R.S. § 25-3.5-309, et seq, and the
Code of Colorado Regulations, 6 CCR 1011-4, Standards for Secure Transportation Services, as
such statute and regulations may be amended from time to time.
The purpose of these Regulations is to set forth the requirements for the inspection, licensure and
operation of secure transportation services for individuals experiencing behavioral health crises,
in order to ensure high-quality behavioral health transportation within Eagle County.
The Board reserves the right to amend these Regulations, and any other individual conditions of
licensing as applied to any particular license, as needed in keeping with its legislative function
and in order to implement the policy of the State of Colorado that the regulation and control of
secure transportation licenses be in the exclusive purview of the Boards of County
Commissioners.
Nothing in these Regulations shall be construed to create a cause of action or civil liability
remedy in any person. These Regulations shall not be construed to create a duty to any third party
where no such duty otherwise existed. It is the express intention of the Board that any third party
receiving services or benefits under these Regulations shall be deemed to be an incidental
beneficiary only.
If any of the provisions of these Regulations are determined to be invalid, such determination
shall not affect the remaining provisions of these Regulations.
ARTICLE II: DEFINITIONS
These Definitions incorporate the Definitions from 6 CCR 1011-4, as amended,unless the context
otherwise requires:
2.1 "Abuse"means any of the following acts or omissions but are not limited to the following:
(A) The non-accidental infliction of bodily injury, serious bodily injury, or death;
(B) Confinement or restraint that is unreasonable under generally accepted standards;
or
(C) Subjection to nonconsensual sexual conduct or contact.
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2.2 "Administrator"means any person who is responsible for the overall operations of the
secure transportation service, as set forth in Part 7.2 of 6 CCR 1011-4.
2.3 "Based"means a service area in a county where the client is picked up for secure
transportation services.
2.4 "Behavioral health"means an individual's mental and emotional well-being and actions
that affect an individual's overall wellness. Behavioral health issues and disorders include
substance use disorders, serious psychological distress, suicide, and other mental health
disorders, and range from unhealthy stress or subclinical conditions to diagnosable and
treatable diseases. The term"behavioral health" is also used to describe service systems
that encompass prevention and promotion of emotional health and prevention and
treatment services for mental health and substance use disorders.
2.5 "Behavioral health crisis"means a significant disruption in a person's mental or emotional
stability or functioning resulting in an urgent need for immediate assessment and
treatment to prevent a further or serious deterioration in the person's mental or physical
health.
2.6 "Board"refers to the Board of County Commissioners for Eagle County Government.
2.7 "CDPHE"means the Colorado Department of Public Health and Environment.
2.8 "Chemical Restraint"means giving an individual medication involuntarily for the purpose
of restraining that individual; except that"chemical restraint"does not include the
involuntary administration of medication pursuant to C.R.S. § 27-65-111 (5), or
administration of medication for voluntary or life-saving medical procedures.
2.9 "Class A"means secure transportation services licensed to use physical restraint during
secure transport pursuant to the parameters set forth at Part 8.3 of 6 CCR 1011-4.
2.10 "Class B"means secure transportation services that are not licensed to use physical
restraint during secure transport.
2.11 "Client"means an individual experiencing a behavioral health crisis who is eligible for
secure transportation services as defined at Part 2.22 of 6 CCR 1011-4 and who meets the
parameters set forth at Part 8.1 of 6 CCR 1011-4.
2.12 "Direct client contact"means any staff member who interacts directly with clients either
before, during, or after the secure transportation service and is qualified by training
pursuant to Part 7.7(A)(1) of 6 CCR 1011-4. This may include the driver or any other staff
member who is not providing direct client support.
2.13 "Direct client support"means any staff member who interacts directly with clients and is
qualified by training pursuant to Part 7.7(A)(2) of6 CCR 1011-4 in mental health first aid,
basic first aid, and cardiopulmonary resuscitation(CPR) who is assigned to provide secure
transportation services to individuals experiencing a behavioral health crisis.
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2.14 "Emergency Medical Services Facility" means a licensed or certified facility that provides
emergency medical services, including but not limited to: hospitals, hospital units as
defined at C.R.S. § 25-3-101; freestanding emergency departments as defined at C.R.S. §
25-1.5-114; psychiatric hospitals; community clinics; behavioral health entities; and
community mental health centers, crisis stabilization units, or acute treatment units
licensed as a behavioral health entity.
2.15 "Exploitation"means an act or omission committed by a person who:
(A) Uses deception, harassment, intimidation, or undue influence for their personal
gain to permanently or temporarily deprive a client of the use, benefit, or
possession of anything of value;
(B) Forces, compels, coerces, or entices a client for the profit or advantage of the
person or another person against the will of the client; or
(C) Misuses the property of a client in a manner that adversely affects the client's
ability to receive services or care.
2.16 "Facility", for the purposes of this chapter, means all facility types defined at Part 2.22(C)
of 6 CCR 1011-4.
2.17 "Harmful act"means an act committed against a client by a secure transportation service
staff member when such act is not defined as abuse, neglect, or exploitation but causes
harm to the health, safety, or welfare of a client.
2.18 "Licensee"means the person or business entity that is granted a license by the county to
operate a secure transportation service and that bears legal responsibility for compliance
with all applicable federal, state, and local statutes and regulations.
2.19 "Manager"means any person who is responsible for supervising staff and the day-to-day
operations of the secure transportation service as set forth in Part 7.3 of 6 CCR 1011-4.
2.20 "Mistreatment" means abuse, neglect, exploitation, or a harmful act.
2.21 "Neglect"means a staff member's failure to provide behavioral health care, physical care,
supervision, or any other service necessary for the health or safety of a client during the
secure transportation service in a timely manner and with the degree of care that a
reasonable person in the same situation would exercise. Neglect also means a staff
member knowingly using harassment, undue influence, or intimidation to create a hostile
or fearful environment for a client.
2.22 "Owner"means an officer, director, general partner, limited partner, or other person
having a financial or equity interest in the secure transportation service. An owner may
also serve as the manager and/or administrator of a licensed secure transportation service.
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2.23 "Physical restraint", for the purposes of this chapter, means a physical device used to
involuntarily restrict the movement of an individual or the movement or normal function
of a portion of their body.
2.24 "Public Health"means the person employed as the Eagle County Public Health, who is
tasked by the Board of County Commissioner with ensuring compliance with these
Regulations.
2.25 "Secure transportation" or"Secure transportation services"means transportation services
provided to individuals experiencing a behavioral health crisis. Secure transportation
includes:
(A) An individual being transported pursuant to.C.R.S. § 27-65-103 or 27-65-105(1),
transportation from the community to a facility designated by the Executive
Director of the Department of Human Services (DHS) for treatment and evaluation
pursuant to C.R.S. § 27-65-101 et seq.;
(B) An individual in need of services pursuant to C.R.S. § 27-81-101, et seq. and § 27-
82-101, et seq., transportation from any location to an approved treatment facility,
as described in C.R.S. § 27-81-106, or to a walk-in crisis center that is in operation
as part of the behavioral health crisis response system;
(C) An individual who is receiving transportation across levels of care or to a higher or
lower level of care, transportation between any of the following types of facilities:
(1) An emergency medical services facility;
(2) A facility designated by the Executive Director of DHS for the treatment
and evaluation pursuant to C.R.S. § 27-65-101, et seq.;
(3) An approved treatment facility, as described in C.R.S. § 27-81-106, C.R.S.
(4) A walk-in crisis center that is operating as part of the behavioral health
crisis response system; or
(5) A behavioral health entity(BHE) licensed pursuant to C.R.S. § 25-27.6-
106, with a current twenty-four(24) hour endorsement.
(D) Secure transportation does not include urgent transportation services provided by
law enforcement or personnel employed by or contracted with a law enforcement
agency to individuals experiencing a behavioral health crisis.
(1) Except that any member of a co-responder team may provide urgent
transportation services if that co-responder:
(a) Is not law enforcement or personnel employed by or contracted
with a law enforcement agency; and
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(b) Holds a valid license for secure transportation by the county in
which the secure transportation originates; and
(c) Provides secure transportation in a vehicle:
(i) With a valid permit issued by the county in which the secure
transportation originates, and
(ii) That meets the minimum requirements for secure
transportation services in the rules and 6 CCR 1011-4.
2.26 "Serious injury" means brain or spinal cord injuries; bone breaks or fractures; any injury
that threatens life or limb, impairs the function of any part or organ of the body, or results
in permanent disfigurement; burns of the second or third degree; and/or physical or sexual
abuse as described in C.R.S. § 18-3-101, et seq.
2.27 "Type 1"means a permitted vehicle with a permanent safety partition that separates the
driver from the passenger compartment.
2.28 "Type 2"means a permitted, non-partitioned vehicle.
ARTICLE III: LICENSES AND PERMITS REQUIRED
3.1 Secure Transportation License Required: On or after January 1, 2023, in accordance with
6 CCR 1011-4, § 3.1, no person or agency,public or private, shall transport a patient
experiencing a behavioral health crisis from any point within the County to any point
within or outside the County unless that person or agency holds a valid license issued by
the county in which the secure transportation service is based, except as provided in
Section 3.5 of these Regulations, below. Accordingly, every Secure Transportation
Service based in Eagle County must secure a license issued by the County pursuant to
these Regulations.
3.2 Types of Licenses: A Secure Transportation Service shall elect either a
(A)Class A License, for services which use physical restraint during the provision of
secure transportation, or a
(B)Class B License, for services which do not use physical restraint during the
provision of secure transportation.
3.3 Vehicle Permit Required: On or after January 1, 2023, in accordance with 6 CCR 1011-4,
§ 3.1, every Secure Transportation Service based in Eagle County must secure a permit,
issued by the County in which the Secure Transportation Service is based, pursuant to
these Regulations, for every vehicle it operates.
3.4 Types of Permits: A Secure Transportation Service shall elect to permit each of its
vehicles as either a
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(A)Type 1 vehicle, for a vehicle with a safety partition that separates the driver from
the passenger department, or a
(B)Type 2 vehicle, which does not contain a safety partition.
3.4 Terms:
(A) Each Secure Transportation License shall be valid for three (3) years from the
issue date,unless revoked or the Secure Transportation Service changes
ownership. Licenses may not be sold, assigned, or otherwise transferred.
(B) Each Secure Vehicle Permit shall be valid from one (1) year from issue date,
unless earlier revoked or the vehicle changes ownership. Permits may not be sold,
assigned, or otherwise transferred.
(C) Each application must be submitted no later than thirty(30) days before the request
effective date of the License or Permit, for a new License or Permit, or thirty(30)
days before the expiration of the existing term, for renewals.
3.5 Exceptions to Licensing and Permits Required: In addition to the exemptions granted by
the State of Colorado pursuant to 6 CCR 1015-3, Chapter 4—Rules Pertaining to
Licensure of Ground Secure transportations, or its successor, the provisions of the
licensing in subsections III.311 of these Regulations, above, shall not apply to the
following:
(A) Ground Ambulance Agencies licensed pursuant to C.R.S. § 25-3.5-301,
(B) Transportation services provided by the Office of Behavioral Health within the
Department of Human Services,
(C) Emergency service patrols established pursuant to C.R.S. § 27-81-115, and
(D) Law enforcement
ARTICLE IV: LICENSURE REQUIREMENTS
Before issuing a new or renewed license to a Secure Transportation Service pursuant to these
Regulations, the County shall ensure the following requirements have been met or Public Health
may deny the license:
4.1 The Secure Transportation Service has certified that it is compliant with all applicable
laws and regulations required to operate a secure transportation service in Colorado, and
the County does not have information to the contrary.
4.2 The Secure Transportation Service has completed the County's Secure Transportation
Service: Licensing Application(Exhibit A).
4.3 The Secure Transportation Service has provided the following to the County:
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(A) Name and contact information of the Manager and Administrator of the Secure
Transportation Service.
(B) Submission of all written policies and procedures, including any operational
protocols, medical protocols, training procedures, client rights, background check
policy and other relevant documents.
(C) Signed Statement of Understanding(Exhibit B) that if the Secure Transportation
Service is sold or transferred, the new owner shall be required to obtain licensing
and permits prior to beginning operations. Additionally, if the Secure
Transportation Service is sold or discontinued, the Manager or Administrator will
notify the County in writing no later than the last day of service. Upon the sale or
transfer of an agency, the Manager or Administrator must notify the County of the
name, phone number, email address and physical address of the new owner.
(D) List of current staff and certification that staffing requirements have been met.
4.4 The Secure Transportation Service has submitted the appropriate application fee, as
specified in Section 13,below.
4.5 The Secure Transportation Service has demonstrated that it has the following insurance
coverage from an insurance company authorized to write liability insurance in Colorado,
and that Eagle County is identified as a certificate holder:
(A) General liability and applicable professional liability insurance coverage, in the
following minimum amounts:
(1) Liability insurance for injuries in the amount of one million dollars
($1,000,000.00) for each individual claim.
(2) Liability insurance in the amount of three million dollars ($3,000,000.00)
for all claims made against the secure transportation service or against its
personnel.
(B) Demonstration by the applicant of proof of a minimum level of worker's
compensation consistent with the Colorado Worker's Compensation Act in
Articles 40-47 of Title 8, C.R.S., as applicable.
ARTICLE V: PERMIT REQUIREMENTS
Before issuing a new or renewed Vehicle Permit to a Secured Transportation Service pursuant to
these Regulations, the County shall ensure the following requirements have been met may deny
the Permit:
5.1 The Secure Transportation Service has completed the Vehicle Permit Application.
(Exhibit C).
5.2 The Secure Transportation Service has provided the following to the County:
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(A) Certification of Motor Vehicle Mechanical Evaluation(Exhibit D) completed by a
qualified motor vehicle mechanic, for each vehicle for which a permit is sought.
(B) Vehicle Inspection Report (Exhibit E) signed by the licensing authority within
Public Health, pursuant to Section 5.6.
5.3 The Secure Transportation Service has demonstrated that it has the following insurance
coverage, and that Eagle County is identified as a certificate holder, for each vehicle for
which a permit is sought:
(A) Automobile liability insurance coverage in the amount of one million dollars
($1,000.00.00)bodily injury for each person, two million dollars ($2,000.00.00)
bodily injury for each accident, and one million dollars ($1,000.000.00) for
property damage.
5.4 The Secure Transportation Service has submitted the appropriate vehicle permit fee, as
specified in Section 13,below, for each vehicle permit sought.
5.5 Compliance with client and crew vehicle safety standards as follows:
(A) All vehicles must demonstrate proof of compliance with Federal Motor Vehicle
Safety Standards on the date of manufacture in accordance with the following:
(1) 49 C.F.R. Part 567.4(a) for manufactured motor vehicles (except replica
motor vehicles and vehicles manufactured in two (2) or more stages),
(2) 49 C.F.R. Part 567.5 for vehicles that are manufactured in two (2) or more
stages, or
(3) 49 C.F.R. Part 567.7 for certified vehicles that are altered.
(B) All vehicles must undergo routine vehicle maintenance and safety inspection in
accordance with manufacturer recommendations. All vehicle records are subject
for administrative review upon request of the County.
(C) All vehicles must have the following safety features:
(1) Certification of compliance with Federal Motor Vehicle Safety Standards
(2) A minimum of four door body configuration
(3) Ligature risk reduction measures
(4) Child safety door locks for passenger compartment
(5) Window safety interlocks for passenger compartment
(6) Global Positioning System tracking
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(7) Seat belt for each seating position
(8) Manufacturer's supplemental inflatable restraint
(9) Child safety seat in appropriate sizes for client population(if applicable)
(10) Operational temperature control and ventilation system
(11) Secure area clear of any item that may be used to inflict harm
(12) Mirror or video camera to visually observe and monitor client
(13) First aid kit
(14) Requirements for All Secure Transportation Vehicles
(15) Fire extinguisher
(16) Wireless two-way communication
(17) Biohazard bags
(18) Personal protective equipment for each vehicle occupant
(19) Map of service area
(20) All equipment and supplies in the vehicle are properly secured, maintained
and stored in accordance with manufacturer recommendations
(D) If a Type 1 vehicle with a safety partition that separates the driver from the
passenger compartment is being used for the secure transportation service, then the
vehicle must have the following additional safety features:
(1) Permanent installation of all safety partitions; and
(2) For vehicles with a cargo area, a safety partition must also be installed that
separates the passenger compartment from the cargo area;
(E) If a Class A licensed secure transportation service utilizes physical restraint as part
of its services, the vehicle shall additionally be equipped with the following:
(1) Automated external defibrillator(AED);
(2) Non-metal, soft posey-type restraints; and
(3) Device intended to prevent a client from spitting or biting that does not
restrict the client's airway or breathing ability and does not pose a ligature
risk.
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5.6 The Eagle County Board of County Commissioners hereby appoints Public Health to be
its qualified representative, delegated with the authority of ensuring compliance with these
Regulations. Each vehicle to be used by the Secure Transportation Service must be
inspected by Public Health or as delegated to verify that all equipment on the vehicle is
properly secured and supplies are maintained and stored in accordance with these
Regulations, Colorado State Regulations, and any manufacturer recommendations. Public
Health may not have any actual or potential conflict of interest with the Secure
Transportation Service or with the inspection process.
ARTICLE VI: MANAGER AND ADMINISTRATOR REQUIREMENTS
6.1 Each Secure Transportation Service based in Eagle County must have a Manager and an
Administrator. The Manager and Administrator positions may be held by the same person.
6.2 The Secure Transportation Service must notify Public Health of any changes regarding the
Manager or Administrator during the licensing term within fourteen (14) business days of
the change.
6.3 Each Manager and Administrator must meet the following minimum requirements:
(A) Be at least twenty-one (21) years of age, possess a high school diploma or GED;
(B) Have at least one (1) year documented supervisory experience in the provision of
secure transportation services or be qualified by education, knowledge, and
experience to oversee the secure transportation services provided;
(C) Be able to communicate, understand, and respond effectively to the client, family
representatives,and other providers and be able to use appropriate translator services
as needed;
(D) Be familiar with all applicable local, state and federal laws and regulations
concerning the operation and provision of secure transportation services;
(E) Be in good standing with any state regulatory agency if the manager or administrator
is licensed or certified with the Colorado Department of Regulatory Agencies or the
Colorado Department of Public Health and Environment; and
(F) Have passed a background check that was performed by the Secure Transportation
Service or owner prior to the assumption of responsibilities. The manager or
administrator shall not conduct his or her own background check or any required
follow-up.
6.4 Manager Responsibilities. The responsibilities of the manager include, but are not limited
to:
(A) Supervising staff and the day-to-day operations of the service;
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(B) Completing the applicable annual training and core competencies in Article 11 of
these rules;
(C) Ensuring annual training completion and core competencies for every staff member
with direct client contact;
(D) Implementing a quality management program in accordance with Article 9 of these
rules;
(E) Maintaining appropriate records and ensuring accurate completion of records,
including,but not limited to:
(1) Personnel records; and
(2) Client records, including individual trip logs and the data reporting
requirements in accordance with Article 11 of these rules; and
(F) Implementing all policies and procedures of the secure transportation service.
6.5 Administrator Responsibilities. The responsibilities of the administrator include,but are not
limited to:
(A) Managing the business affairs and overall operation of the secure transportation
service, including planning, organizing,developing, controlling, and/or maintaining
the service's operations;
(B) Organizing and directing the service's ongoing functions;
(C) Overseeing a budgeting and accounting system;
(D) Designating in writing a qualified back up administrator to act in the administrator's
absence or requiring the administrator or their qualified designee to be available in
person or remotely to assist secure transportation service staff members with urgent
matters that arise during all hours that staff are providing services;
(E) Ensuring the secure transportation service is in compliance with all applicable
federal, state, and local laws;
(F) Ensuring the completion, maintenance, and submission of such reports and records
as required by the county and/or Department;
(G) Developing and implementing a quality management program in accordance with
Part 10 of 6 CCR 1011-4; and
(H) Maintaining appropriate records and all policies and procedures of the service,
including, but not limited to:
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(1) Personnel records, including verification of each staff member's compliance
with orientation and annual training requirements set forth in Article 7 and
verification of any applicable active professional licensure or certification;
(2) Client records, including individual trip logs and the data reporting
requirements in accordance with Article 11 of these rules; and
(3) Financial and administrative records, including certificates of insurance for
the secure transportation service.
ARTICLE VII: STAFFING REQUIREMENTS
7.1 Every Secure Transportation Service shall have staffing requirements which include, at a
minimum:
(A) All drivers must possess a current and valid Colorado driver's license.
(B) If a Type 1 (partitioned) vehicle is being used for the secure transport, then the
following shall apply:
(1) A 1:1 ratio of client to staff member shall be maintained during the transport,
which staff member may also be the driver in the case of a Type 1 vehicle
transportation.
(2) If one(1)client is being transported,then one(1)staff member with a current
and valid certification for all training topics is required to staff a vehicle
permitted for each secure transport.
(3) If more than one client is being transported, then one (1) staff member who
possesses a current and valid certification for all training topics is required
to accompany each individual client during transport.
(C) If a Type 2 (non-partitioned) vehicle is being used for the secure transport, then the
following shall apply:
(1) A 1:1 ratio of client to staff member shall be maintained during the transport,
in addition to the driver, who may not be included in the staffing ratio
requirement in the case of a Type 2 vehicle transportation.
(2) If one(1) client is being transported,then two(2)staff members are required
to staff the vehicle. At a minimum, the staff member who is not the driver
must have a current and valid certification for all training topics.
7.2 Each staff member with direct client contact must possess a certification or proof of having
completed all required coursework.
7.3 Each Secure Transportation Service must have a policy related to background checks for all
staff members. Such background checks shall take place prior to an individual providing
secure transportation services. The policy shall include, at a minimum:
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(A) Standards regarding hiring staff with prior convictions of a violent, fraudulent, or
abusive nature, to include further inquiry by the Manager or Administrator to
determine the potential impact on client safety in accordance with the policies
developed by the secure transportation service.
(B) A procedure by which if an individual is hired despite a background check that
reveals a prior conviction of a violent, fraudulent, or abuse nature, the Manager or
Administrator documents the reasons for hire and plans for supervision.
7.4 Each Secure Transportation Service must have established the following minimum staff
training requirements for all staff that must be completed prior to providing secure
transportation services, and annually thereafter, or as recommended by the relevant
training organizations:
(A) Cultural competencies including, but not limited to, supporting persons with
physical or cognitive disabilities, language accessibility, and accessing interpretive
services;
(B) In-person or online verbal de-escalation training sessions that prioritize client and
staff safety and inform restraint requirements set forth in Part 8.3 of 6 CCR 1011-
4;
(C) Trauma-informed care principles;
(D) Evade and escape violent encounter strategies;
(E) Internal policies and procedures applicable to the secure transportation service and
staff, including, but not limited to the staff disciplinary policy;
(F) Client rights; and
(G) Compliance with applicable privacy laws.
7.5 Each Secure Transportation Service must have established the following additional
minimum staff training requirements for all staff with direct client contact:
(A) Adult and Youth Mental Health First Aid as offered by educational institutions or
by professional organizations such as mentalhealthfirstaid.org, or the equivalent;
(B) Basic First Aid and CPR; and
(C) Care of clients with substance use disorders.
7.6 Each Class A Secure Transportation Service must have also established the following
additional minimum staff training requirements for all staff who may utilize physical
restraint during secure transportation of clients:
(A) Circumstances and protocols governing the permissible application of individual
physical restraint during secure transport; and
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(B) Safe application of individual physical restraint on clients during secure transport.
7.7 All staff training must be documented by the Secure Transportation Service and provided
to the County.
ARTICLE VIII: OPERATING STANDARDS AND PROCEDURES
8.1 Secure transport clients may only be transported under the following circumstances:
(A) The client is experiencing a behavioral health crisis.
(B) The client is in need of transportation to or from a facility that is defined at Part
2.22(C) of 6 CCR 1011-4.
(C) The client does not and will not need either:
(1) Medical treatment during transport, or
(2) Active or ongoing medical monitoring.
(D) The client does not and will not need to be chemically restrained during secure
transport as a behavioral intervention.
8.2 Required Policies and Procedures.
(A) General Policies and Procedures. Each Secure Transportation Service must have
and submit to Public Health, established policies and procedures that follow
national best practice guidelines where available, and address, at a minimum:
(1) Appropriate procedures to assess initially whether the client requires a
higher level of transport than the service can provide;
(2) Appropriate procedures to follow when, during a secure transport, it
becomes apparent that a client needs medical attention or a higher level of
transport than the service can provide;
(3) Appropriate procedures to confirm the receiving facility's acceptance of the
client prior to initiation of the secure transport;
(4) Criteria used for pickup and drop-off, including the circumstances that
determine a secure transport client's eligibility;
(5) The level of support and protection needed for both client and staff safety;
(6) Compliance with vehicle safety standards and procedures;
(7) Proper evacuation of the vehicle during emergencies if the windows and/or
exits of the vehicle are blocked or inaccessible;
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(8) Infection prevention and control, including the decontamination of the
vehicle after each transport;
(9) Parental and/or guardian level of support and involvement;
(10) Meeting client needs on extended transports including meals,water, and
bathroom breaks;
(11) Documentation of all steps in the process from initial pickup request to
drop-off, including but not limited to documenting all stops made during
the secure transportation service.
(B) Class A Specific Procedures. Each Class A Secure Transportation Service must
have the following policies and procedures that address, at a minimum:
(1) The circumstances under which staff who provide direct client support may
apply individual physical restraint during the course of the secure
transportation service, given the parameters outlined in 6 CCR 1011-4 Part
8.3, and
(2) The application of individual physical restraint, including training protocols
and safety precautions, to ensure the restraints do not restrict the client's
airway or breathing ability.
(C) Client Rights. Each Secure Transportation Service must have written client rights
which assures that each client has the right to be treated with consideration,
respect, and full recognition of human dignity and individuality, and that includes,
at a minimum:
(1) The right of the client and their property to be treated with respect;
(2) The right of the client to have access to basic comfort items and their
personal mobile phone provided the direct client support staff member
establishes and documents that those items do not pose a danger to the
client or staff member;
(3) The right of the client to wear their own clothes provided the direct client
support staff member establishes and documents that those items do not
pose a danger to the client or staff member;
(4) The right of the client to receive secure transportation services by the least
restrictive means necessary to assure the safety of the client;
(5) The right of the client to be free from discrimination in the provision of
services;
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(6) The right of the client to be free from neglect, financial exploitation, and
verbal, physical, and psychological abuse, including humiliation,
intimidation, or punishment;
(7) For clients who request voluntary transport, the right of the client to
discontinue secure transportation services;
(8) For clients who are being held or transported under an involuntary
transportation or mental health hold (M-0.5 or M-1), the right of the client
to be informed of indication for transport and intended destination prior to
transport.
(9) The right of the client to receive disclosure about any video and/or audio
recording that occurs during the delivery of service in accordance with
applicable privacy laws;
(10) The right of the client to have personally identifying health information
protected from unnecessary disclosure;
(11) The right of the client or their representative to file a complaint against the
secure transportation service with the Secure Transportation Service and
Public Health concerning services or care that is or is not furnished, and
receive documentation of the existence of the investigation and resolution
of the complaint, including providing the complainant with the results of
the investigation and the secure transportation service's plan to resolve any
identified issues; and
(12) The right of the client to file a complaint with the Secure Transportation
Service and Public Health without fear of discrimination or retaliation by
the secure transportation service's owner, manager, administrator, or any
staff members.
(D) Client Rights' Policies and Procedures. Each Secure Transportation Service must
have an established client rights policies and procedures that include, at a
minimum:
(1) Procedures for identifying, reporting, reviewing, and investigating all
allegations of abuse, mistreatment, neglect, and exploitation.
(2) Procedures for timely communication of all investigation results to the
client and county in which the secure transportation service is licensed.
(3) Procedures for timely and appropriate disciplinary action up to and
including termination of staff and appropriate legal recourse against any
staff member who has engaged in abuse, mistreatment, neglect, or
exploitation of a client.
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(4) Procedures the direct client support staff member must follow to document
their decision to withhold any basic comfort items and/or the client's
personal mobile phone or prohibit a client from wearing their own clothes.
(E) The Secure Transportation Service shall provide each client with written
documentation of its Client Rights and Client Rights' Policies and Procedures,
including the right to file a complaint with the County, to clients at the initiation of
the secure transportation service. If the client is unable to read the rights, they
shall be read the rights in a language they understand.
(F) The Secure Transportation Service shall designate a staff member as responsible
for complaint intake and problem resolution, and shall inform Public Health of that
person's name, title, and contact information at the time of licensing or renewal, or
in the event of any changes in that position.
8.3 Restraint.
(A) No chemical restraint may be administered during a secure transport. If chemical
restraint is needed to ensure client safety,then the client shall receive an
ambulance transport.
(B) Physical restraint, as defined at Part 2.21 of 6 CCR 1011-4, shall only be utilized
for health and safety purposes under the following circumstances:
(1) In cases of emergency, when the client is at risk of causing serious,
probable, and imminent threat of bodily harm to themselves or to others
and where there is the present ability to effect such bodily harm; and
(2) After the failure of less restrictive alternatives, including verbal de-
escalation; or
(3) After a determination that such alternatives would be inappropriate or
ineffective under the circumstances.
(C) If physical restraint is utilized during a transport, the service shall document the
time at which the physical restraint was applied and removed(if applicable) and
the type of physical restraint used.
(D) If physical restraint is utilized during a transport, the service shall ensure that
ongoing assessments of patient's physical safety related to restraints is performed
at regular intervals
8.4 Capacity, Documentation, and Availability.
(A) The secure transportation service shall transport one (1) client per vehicle
transport, except under the following circumstances:
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(1) Each client has received behavioral health clearance from the treating
provider at the sending facility, no physical restraint is needed, and there is
a low probability of behavioral destabilization;
(2) Each client has received medical clearance from the treating provider at the
sending facility, is medically stabilized, and has a low probability of
medical destabilization;
(3) Each client has received an assessment from the treating provider at the
sending facility that the client is an appropriate candidate for a transport
with one or more individuals;
(4) The transport is an inter-facility transport as defined at Part 2.22(C) of 6
CCR 1011-4; and
(5) Each client has given their consent to be transported with another
individual(s).
(B) The secure transportation service shall create and maintain accurate and detailed
logs of client transports, including professional incident reports.
(C) To ensure the needs of clients are met, secure transportation services that do not
provide 24/7 services shall provide the client with their after-hours contact
information and with contact information for the secure transportation service's
back-up providers.
ARTICLE IX- QUALITY MANAGEMENT PROGRAM (QMP)
9.1 Each Secure Transportation Service must have an ongoing quality management program
("QMP") that is appropriate to the size and type of the service. The program shall
incorporate a plan that evaluates the quality of client care and safety and has the following
policies and procedures including, at a minimum:
(A) The incorporation of the substantiated findings of any complaint into its QMP for
the purpose of evaluating and implementing systemic changes where needed.
(B) The general description of the types of cases, problems, or risks to be reviewed and
criteria for identifying potential risks.
(C) Identification of the staff members responsible for coordinating quality
management activities.
(D) A description of the method(s) for:
(1) Investigating and analyzing the frequency and causes of individual
problems and patterns of problems;
(2) Taking corrective action to address the problems, including prevention and
minimizing problems or risks;
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(3) Evaluating corrective action(s) to determine the effectiveness of such
action(s); and
(4) Coordinating all pertinent case, problem, or risk review information with
other applicable quality assurance and/or risk management activities, such
as review of client care, review of staff conduct, the client complaint
system as described in Section 8.2(D) of this Policy, and education and
training programs.
(E) Documentation of required quality management activities, including cases,
problems, or risks identified for review; findings of investigations; and any actions
taken to address problems or risks.
(F) A schedule for program implementation not to exceed ninety(90) days after the
date of the issuance of the secure transportation service license.
(G) A schedule for program evaluation to periodically assess the effectiveness of
services and review the clinical and operational protocols and compliance with
such protocols.
(H) The utilization or application of data collected pursuant to Article XI of these
Rules to inform the quality management plan.
(I) A written disciplinary policy that addresses a process for staff quality
improvement.
9.2 The secure transportation service shall make available the quality management plan to the
County during the initial license application and include the QMP with renewal
applications if the plan has been revised.
9.3 Eagle County, the Colorado Department of Public Health and Environment, CDPHE, or
any other appropriate regulatory agency having jurisdiction for disciplinary or licensing
sanctions shall have access to any records, reports, and other information of the quality
management program.
ARTICLE V: COMPLAINTS
10.1 Origination of Complaints:
(A) Alleged violation of this Policy by a Licensed Secure Transportation Service or of
a Secure Transportation Service operating in the County without a license, may be
made by any person or agency or may be initiated by Eagle County Public Health
or the Eagle County Board of County Commissioners ("Board") on its own
volition.
(B) Such Complaints shall be made to Eagle County Public Health, and may be made
by email using the Complaint Form(see Exhibit F: Secure Transportation Service:
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Complaint Form) at securetransportAeaglecounty.us or by telephone at 970-328-
7706.
(C) shall provide to the Complainant the name and contact information of the person
who is designated to handle complaints for the Secure Transportation Service, as
required in Section 8.2(F) of these Rules.
(D) Any individual bringing a matter of medical competency to the Board shall waive
the right of patient confidentiality as a condition of complaint submission and
subsequent investigation.
(E) If any legal action is filed against a licensed secure transportation service in a court
of the United States, the State of Colorado or any of its political subdivisions, the
licensee shall notify the Board within ten(10)business days. A violation of these
Regulations shall not be presumed based on an allegation. In the event that a
judgment is entered against the licensee, the licensee shall file a copy of the
findings of fact, conclusions of law and order of the court with the Board within
ten(10) business days.
(F) If an action against a Secure Transportation Service is undertaken by another
jurisdiction, the licensee shall notify the Board within ten(10)business days. A
violation of these Regulations shall not be presumed based on the action. If the
action results in a suspension or revocation of the secure transportation service
license by another jurisdiction, the licensee shall file a copy of the record of the
adverse action with the Board within ten(10)business days.
10.2 Validation of Complaints:
(A) Public Health shall provide a copy of the complaint to the Secure Transportation
Service within seven (7) days of its receipt.
(B) Public Health shall complete an initial review of the complaint,judgment or
adverse action, and interview the complainant, within seven(7) days of receipt to
determine if, on the face of the complaint, it may constitute a violation of this
Policy and has sufficient foundation to warrant a complete investigation.
(C) If Public Health determines that the complaint has sufficient factual basis of a
violation of these Regulations, Public Health shall proceed to a full investigation.
Allegations of violations outside the purview of the Board or these Regulations
shall be returned to the complainant for referral to the appropriate authority or
jurisdiction.
(D) Public Health shall notify the complainant and the Secure Transportation Service
in writing upon such a determination, whether it is determined that the allegation
shall be investigated or that it lacks sufficient basis to warrant investigation.
10.3 Investigation of Complaints:
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(A) Upon initiation of a full investigation, Public Health shall take actions to
investigate the complaint, the investigation may include interview of witnesses,
collection of records, and any other lawful action deemed appropriate . The
investigation shall be completed no later than thirty(30) days after the decision to
investigate.
(B) Public Health shall present their investigative findings in writing to the Board of
County Commissioners within thirty(30) days of the decision to investigate. A
copy of Public Health's findings shall be mailed to the complainant and the Secure
Transportation Service.
10.4 Review by the Board of County Commissioners
(A) Upon receipt of the written report, the Board of County Commissioners shall meet
within twenty-one (21) days, and shall vote: the Administrator" in its reasonable
discretion, may enforce regulations through any reasonable means;" and 1) to take
no further action on the complaint; 2) to allow a reasonable time for the Secure
Transportation Service to cure its violation; or 3) to hold a public hearing regarding
the complaint. The Board's decision shall be communicated to the Secure
Transportation Service and complainant in writing.
(B) If the Board determines that a hearing is warranted, such a hearing shall be held
within fourteen(14) days of such a determination, or within fourteen(14) days of a
temporary suspension of any license.
(C) All hearings before the Board shall be open to the public and shall be conducted in
accordance with the Colorado Open Meetings Act. The Board shall be authorized
to administer oaths and issue subpoenas to require the attendance of witnesses and
the production of papers, books, and records necessary to the determination of any
issue at any hearing. The Secure Transportation Service shall be given the
opportunity to be heard at the hearing.
(D) At the conclusion of the hearing, the Board may dismiss the complaint, or make
findings that the complaint is substantiated. In the event of a substantiated
complaint, the Board may suspend or revoke the Secure Transportation Service's
license or require remediation of the violation, as specified in Section 10.5 below.
Public Health shall bear the burden of proof of a violation justifying any
suspension or revocation of a license or permit.
(E) The outcome of the public hearing shall be documented and sent to the Secure
Transportation Service and complainant in writing.
(F) In the event of a revocation or suspension of the license of a Secure Transportation
Service, the County shall notify the Colorado Department of Public Health and
Environment, Colorado Department of Regulatory Agencies, Colorado Department
of Health Care Policy and Financing, other counties in which the Secure
Transportation Service is known to operate, other relevant jurisdictions, local law
enforcement authorities, dispatch centers, hospitals, fire departments, and any
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other entities to whom the Secure Transportation Service provides services, or
other interested parties as applicable.
10.5 Revocation, Suspension, and Time to Cure
(A) The Board has the authority to suspend or revoke, temporarily or permanently, any
license or permit issued pursuant to these Regulations.
(B) The Administrator, in its reasonable discretion, may enforce these regulations
through any reasonable means, including through suspending or revoking a license
or offering to accept a payment in lieu of suspension, in accordance with the
schedule of penalties included herein as Exhibit G, or by pursuing any other legal
remedies available. Notifications and decisions of the Administrator will be mailed
to the address submitted to the Administrator on the most recent application, by
posting on the premises, or by personal service. Notification shall be deemed
received three ( 3)business days after mailing by United States Mail, or on the day
it is posted on the premises or delivered by personal service.
(C) Temporary Suspension: Without prior notice to the Secure Transportation Service,
if the Board determines, based on the complaint, that there is an immediate threat
to the public health, safety, and/or welfare by continued operations, the Board
may, without a hearing, temporarily suspend any license or permit issued pursuant
to these Regulations. Such temporary suspension shall be effective upon delivery
of written notice to the licensed Secure Transportation Service by the Board. No
temporary suspension shall be valid for more than thirty(30) days or until a final
decision by the Board concerning suspension or revocation, after a hearing
pursuant to Section 10.4, above, whichever period is longer. Any written notice of
temporary suspension shall also provide notice of the time, date and place of a
hearing before the Board to consider the suspension or revocation of the license.
Except upon written consent of the licensee, the hearing shall be held not more
than ten(10)business days following the effective date of the temporary
suspension.
(D) Suspension for Definite Period or Revocation of License: Following notice to the
Secure Transportation Service and a hearing at which the licensee is afforded an
opportunity to be heard, pursuant to Section 10.4, above, the Board may suspend or
revoke any license or permit. Any suspension or revocation shall require a finding
by the Board of a violation of these Regulations based upon the evidence presented
at the hearing. Issuance of a temporary suspension shall not be a prerequisite to the
conduct of a hearing to consider the suspension or revocation of a license or permit.
(E) Length of Suspension or Revocation: For a first complaint, suspension shall be for
a specific and definite period of time not to exceed any remaining current license
period. If the license or permit is revoked for the remainder of its life, the Secure
Transportation Service may reapply for the license or permit during the next
licensing period. However, if a second complaint regarding the same Secure
Transportation Service is subsequently received and sustained, the Board may
permanently revoke the related license or permit, and the Secure Transportation
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Service may, at the Board's discretion,be prohibited from obtaining a license or
permit in the future.
(F) Surrender of License or Permit: Following receipt of a written notice of suspension
or revocation, the licensee shall surrender and deliver its license and all secure
transportation vehicle permits to Public Health within forty-eight(48)hours.
(G) Time to Remediate: If the Board determines that a Secure Transportation Service
has violated these Regulations, it may, in its sole discretion, allow the Secure
Transportation Service a period of time to remedy the violation. Such period shall
not exceed thirty(30)days. In the event that the violation is not cured within that
time period, the Board shall reconvene and make a subsequent determination
regarding whether the license or permit of the Secure Transportation Service
should be revoked or suspended.
ARTICLE XI: ENFORCEMENT
11.1 Enforcement of this regulation shall be implemented by the law enforcement or Public
Health or their designees (all hereafter"Enforcement Personnel").
11.2 The Enforcement Personnel may inspect for compliance of the Secure Transportation
Behavioral Health Crisis Act or this Resolution and shall determine by investigation or
otherwise the probable truth of such charges. If it shall appear therefore or shall otherwise
come to the attention of the Enforcement Personnel that there is probable cause to believe
that a complainant has violated any such law, rule or regulation, the Enforcement
Personnel shall issue and cause to be served upon such complainant a Notice of Hearing
and Order to Show Cause why it should not be held in violation of the Secure
Transportation Behavioral Health Crisis Act or this Resolution . This notice shall detail
the violations alleged and be served upon the complainant or its agent at least 10 days
prior to the actual hearing.
11.3 Hearing. If the complainant denies the allegations of the complaint, a hearing shall be held
at a place and time designated by Public Health on the day stated in a notice mailed to the
complainant at the address shown on the complaint. For good cause shown, the hearing
may be postponed or rescheduled. Evidence in support of the violations shall be given
first, followed by cross-examination of those testifying thereto. The complainant, in
person or by counsel, shall then be permitted to give evidence in defense and in
explanation, and shall then be allowed to give evidence and statements in mitigation of the
charges. Public Health has the power to administer oaths and issue subpoenas to require
the presence of persons and the production of papers, books and records necessary to the
determination of any hearing that Public is authorized to conduct.
11.3 Determination of Public Health. In the event the licensee is found not to have violated any
law, rule or regulation, the violations against him will be dismissed. If the licensee is
found to have committed the violation charged or any other law, regulation, or order of
Public Health, the complainant may impose the penalties as provided in Appendix A.
Evidence and statements in aggravation or mitigation of the offense shall also be permitted
and may be considered in determining the appropriate penalty.
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11.4 Right to Impose Suspension. If the Public Health has reasonable grounds to believe and
finds that a licensee has been guilty of a deliberate and willful violation of any applicable
law, regulation, order of the Public Health, or that the public health, safety or welfare
imperatively requires emergency action and incorporates such findings in its order, it may
be temporarily or summarily suspend the license pending a hearing and further
proceedings for suspension or revocation which shall be promptly instituted and
determined. The temporary suspension of a license without notice pending any
prosecution, investigation, or public hearing shall be for a period not to exceed fifteen
days.
ARTICLE XI: DATA COLLECTION AND REPORTING REQUIREMENTS
11.1 Any secure transport resulting in the serious injury, illness, or death of a client or staff
member during transport or resulting in injury to the client as a result of the use of physical
restraint during transport shall be reported to the receiving facility immediately and to the
County within twenty-four (24) hours of the incident. The County must be notified by
calling or emailing Public Health. Each report shall identify and describe the circumstances
leading to the serious injury, illness, or death of a client or staff member during transport.
11.2 In accordance with Part 6 of 6 CCR 1011-4, all Secure Transportation Services in Colorado
shall provide CDPHE the required data and information in a form and manner determined
by CDPHE as follows:
(A) Beginning in 2024, all secure transportation services shall submit the following data
no later than March 1 for the previous calendar year:
(1) The total number of transports(individual trips and trips with multiple clients
as allowed in Part 8.4 of 6 CCR 1011-4)that the service's vehicles made for
the previous calendar year.
(2) The total number of adults (18+) served by the secure transportation service
for the previous calendar year.
(3) The total number of minors (17 and under) served by the secure
transportation service for the previous calendar year.
(4) The type of location where individuals were picked up and dropped off for
the previous calendar year.
(5) The total number of individuals who were transported by the Secure
Transportation Service more than one time for the previous calendar year.
(6) The total number of transports(individual trips and trips with multiple clients
as allowed in Part 8.4 of 6 CCR 1011-4) that the Secure Transportation
Service declined due to lack of secure transportation service resources for
the previous calendar year.
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(7) Demographic information for the previous calendar year, including, but not
limited to:
(a) The total number of clients served by residential zip code;
(b) The total number of clients served by pickup location zip code; and
(c) The total number of clients served by gender, race and ethnicity.
(8) The total number of clients the Service transported who were not on
involuntary holds (M1, M5 and M8) for the previous calendar year.
(B) The Secure Transportation Service shall complete and submit to CDPHE a secure
transportation service profile in the manner and method determined by CDPHE. The
profile shall include, but not be limited to contact information for the licensee and
its owner, manager, and/or administrator, demographics of the service area,number
and types of responding staff, number of calls, counties served, organizational type,
and number and type of responding vehicles.
(1) Secure transportation services shall update the profile data whenever changes
occur and at least annually.
(2) As part of the profile, a licensed ground ambulance agency shall notify
CDPHE if it is providing secure transportation services under its ground
ambulance license.
(C) CDPHE may establish procedures to monitor and enforce compliance regarding
submission of Secure Transportation Service profile information and annual
submission of utilization data as described in Part 6.4 of 6 CCR 1011-4.
(D) If a Secure Transportation Service fails to comply with the CDHE's rules, CDPHE
may report this lack of compliance to Eagle County.
(E) CDPHE may establish procedures to allow outside agencies, institutions, or
individuals to obtain information from the secure transportation data system.
(F) A Secure Transportation Service may request the annual data that it has submitted
to CDPHE.
ARTICLE XII: ASSIGNMENT
Assignment, sale or transfer of a Secure Transportation Service license or vehicle permit is strictly
prohibited.
ARTICLE XIII: FEES
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13.1 Eagle County shall charge non-refundable, flat fees for licensing and permitting pursuant
to these Regulations as follows:
3 Year Secure Transportation Service License $ 400.00
1 Year Vehicle Permit $ 125.00
13.2 Fees are non-refundable, not transferable, and will not be prorated.
13.3 Payment of the total fee is required at the time of submission of the application.
ARTICLE XIV: REVIEW OF REGULATIONS
These Regulations shall be reviewed periodically as necessary to maintain compliance with State
law and regulations governing the licensing and permitting of ground Secure Transportation
Service and vehicles. The Board retains full right to revise, add to, amend, and/or delete from the
Regulations from time to time as the Board in its sole discretion sees fit.
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Exhibit A:
Licensing Application
Instructions for Application for Secure Transportation Service License
1. Enter the name under which the Secure Transportation Service will be licensed.
2. Check the type of license requested for this Secure Transportation Service. Only check one.
3. Complete the information for the person applying for the license.
4. Complete the information for the person who will be in charge of the Secure Transportation
Service.
5. Complete the information about the owner(s)or governing board for the Secure Transportation
Service.
• Provide the contact information for the owner of the Secure Transportation Service. If the
owner of a Secure Transportation Service is a partnership,provide the contact information
for each partner. Attach additional sheets if needed.
• If the owner of a secured transportation service is a corporation,provide the contact
information for each director of the corporation and each stockholder owning ten percent
(10%)or more of the outstanding stock. Attach additional sheets if needed.
• If the owner of a Secure Transportation Service is a government,provide the contact
information for each member of the governing board. Attach additional sheets if needed.
6. Describe the area to be served by the Secure Transportation Service. A map may be substituted if
it shows sufficient detail to clearly identify the service area boundaries.
7. List the location(s)of the Secure Transportation Service headquarters,substation(s), office(s),
secure transportation post(s)or other locations from which it is intended to operate the Secure
Transportation Service.
Attachments required for all applications:
• Certificate of occupancy or other documentation that the applicant's premises were found to be in
compliance with applicable local requirements.
• Certificates of insurance.
• Copy of written policy and procedures manual,personnel policy, quality management program,
operational protocols,medical protocols,training procedures, or other relevant documents as fully
described in the Eagle County Policy and Procedures regarding Secure Transportation Services.
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Application for Secure Transportation Service License
1. Name of Secure Transportation Service:
2. Type of License(check one):
• Class A(may use restraints)
• Class B (no restraints)
3. Contact Information for the person applying for the license:
Name:
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
4. Contact Information for the Manager of the Secure Transportation Service:
Name:
Physical Address:
City/State/Zip:
Mailing Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
Manager's qualifications (list education,knowledge and experience,or attach a resume clearly listing
qualifying education,knowledge and experience). For a full list of required manager qualifications as
outlined in Article VI of the regulations please see this link.
5. Contact information for owners,partners or directors(attach additional sheets if needed):
• Owner
• Partner
• Stockholder
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
• Director
Name:
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
• Owner
• Partner
• Stockholder
• Director
Name:
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
• Owner
• Partner
• Stockholder
• Director
Name:
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
• Owner
• Partner
• Stockholder
• Director
Name:
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
• Owner
• Partner
• Stockholder
• Director
Name:
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
6. Area to be served by the Secure Transportation Service(if described on map,write"See attached
map"):
7. Location(s) from which it is intended to operate the Secure Transportation Service:
Submitted by:
Signature:
Printed Name:
Date:
Attachments Required for All Applications:
• Certificate of occupancy or other documentation that the applicant's premises were found to be in
compliance with applicable local requirements.
• Certificates of insurance.
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
• Copy of written policy and procedures manual,personnel policy, quality management program,
operational protocols,medical protocols,training procedures, or other relevant documents as fully
described in the Eagle County Policy and Procedures regarding Secure Transportation Services.
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DocuSign Envelope ID:D8AD7729-D346-451 E-8E7D-904BD4033B67
Exhibit B:
Secure Transportation Service: Statement of Understanding
If the Secure Transportation Service is sold or transferred,the new owner shall be required to obtain
licensing and permits prior to beginning operations. Licenses and permits may not be sold, assigned or
otherwise transferred. Additionally, if the Secure Transportation Service is sold or discontinued,the
Manager or Administrator will notify the County in writing no later than the last day of service.Upon the
sale or transfer of an agency,the Manager or Administrator must notify the County of the name,phone
number, email address and physical address of the new owner.
Manager/Administrator Name
Manager/Administrator Signature
Date
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DocuSign Envelope ID:D8AD7729-D346-451 E-8E7D-904BD4033B67
Exhibit C:
Vehicle Permit Application
Instructions for Application for Secure Transportation Vehicle Permit
1. Enter the name under which the secure transportation service will be licensed.
2. Check the type of permit requested for this vehicle. Only check one.
3. Complete the contact information for the registered owner of the secure transportation vehicle.
4. Complete the contact information for the person applying for the permit.
5. Complete the information for the secure transportation vehicle.
6. Have the vehicle inspected by a qualified mechanic. Have the mechanic complete the Certification
of Motor Vehicle Mechanical Evaluation.
7. Contact Eagle County at securetransport(ueaglecounty.us or(970) 328-7706 to schedule a Vehicle
Inspection. The Vehicle Inspector will complete the Vehicle Inspection Report.
VIN is the vehicle identification number assigned by the manufacturer. Generally, it can be found on the
number plate visible through the lower corner of the windshield on the driver side.
Briefly describe the secure transportation vehicle color scheme. Examples: black,white over silver with
blue beltline stripe,red with gold lettering.
Describe any other significant distinguishing characteristics. For example: yellow sunburst logo, green and
blue logo showing mountain lake scene.
Attachments required for all applications:
• Proof of motor vehicle insurance
• Certification of Mechanical Evaluation
• Vehicle Inspection Report
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Application for Secure Transportation Vehicle Permit
Name of Secure Transportation Service:
Type of Permit(check one):
• Type 1 (Partitioned)
• Type 2 (Non-Partitioned)
Contact Information for Secure Transportation Vehicle Owner:
Name:
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
Contact Information for the Person Applying for the Secure Transportation Vehicle Permit:
Name:
Physical Address:
City/State/Zip:
Mailing Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
Secure Transportation Vehicle Information:
Chassis year:
Make:
Model:
VIN:
Colorado License Plate Number:
Date in Service:
Color:
Other Distinguishing Characteristics:
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DocuSign Envelope ID:D8AD7729-D346-451 E-8E7D-904BD4033B67
Submitted by:
Signature:
Printed Name:
Date:
Attachments Required for All Applications:
• Proof of motor vehicle insurance
• Certification of Mechanical Evaluation
• Vehicle Inspection Report
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Exhibit D:
Secure Transportation Service: Certification of Motor Vehicle
Mechanical Evaluation
Owner:
Year/Make/Model:
VIN:
Mileage:
SYSTEM ACCEPTABLE UNACCEPTABLE COMMENTS
Wheels,tires and
brake
systems
Steering, alignment and
suspension system
Climate control and ventilation
systems
Lighting and electrical system
Exhaust system
Fuel system
Glass,body, and sheet metal
As a qualified motor vehicle mechanic,I have evaluated the mechanical condition of the described vehicle
and have determined that the vehicle is in safe operating condition as of this date. This evaluation does not
guarantee future status of the vehicle operating condition due to conditions beyond my control.
Company Shop or Agency Name Mechanic Name(print or type)
Address Mechanic Signature Date
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Exhibit E:
Secure Transportation Service: Vehicle Inspection Report
Name of the Secure Transport Service
Type of Permit(check one)
• Type 1 (partitioned)
• Type 2 (non-partitioned)
Class of License(check one)
• Class A(physical restraints may be
used)
• Class B (physical restraints may not be
used)
Date and location of inspection
Yes No Requirements for All Secure Transportation Vehicles
Certification of compliance with Federal Motor Vehicle Safety Standards
Four door body configuration
Ligature risk reduction measures
Child safety door locks for passenger compartment
Window safety interlocks for passenger compartment
Global Positioning System tracking
Seat belt for each seating position
Manufacturer's supplemental inflatable restraint
Child safety seat in appropriate sizes for client population(if applicable)
Operational temperature control and ventilation system
Secure area clear of any item that may be used to inflict harm
Mirror or video camera to visually observe and monitor client
First aid kit
Yes No Requirements for All Secure Transportation Vehicles
Fire extinguisher
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Wireless two-way communication
Biohazard bags
Personal protective equipment for each vehicle occupant
Map of service area
All equipment and supplies in the vehicle are properly secured,maintained and
stored in accordance with manufacturer recommendations
Yes No Additional Requirements for Type 1 Secure Transportation Vehicles
Permanent safety partition between driver and passenger compartments
Safety partition between passenger compartment and cargo area(if applicable)
Yes No Additional Requirements for Class A Secure Transportation Vehicles
Automated external defibrillator
Soft restraints
Device to prevent spitting or biting that does not restrict airway or breathing
ability and does not pose a ligature risk
Additional Comments:
Inspector Certification: By completing this inspection,I certify that I do not have any disclosed or
undisclosed, actual or potential conflicts of interest with the Secure Transportation Service or inspection
process.
Inspector Signature: Date
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Exhibit F
Secure Transportation Complaint Form
Date and Time of Complaint: / /
Time: a.m./p.m.
All complaints filed against a Secure Transportation Service may be subject to the Colorado Open Records Act and subject to
public disclosure.
1. Complainant's Information:
Name:
Address:
City/State/Zip:
Telephone: (business)
(mobile)
Email Address:
2. Is the complaint on behalf of: • Yourself
• Someone Else
If for someone else,who?
What is their relationship to you?
3. Basis of Complaint:
• Client Rights • Staff/Personnel
• Response Time • Unlicensed Service/
Unpermitted Vehicle
• Other:
4. What is the name of the Secure Transportation Service?
5. When did the event(s)of concern occur?
Date: / / ' Time: a.m./p.m
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
6. Is the problem ongoing:
• Yes • No
7. Is the individual still receiving care as a result of the incident?
• Yes • No
8. What is the individual's condition
now?
9. Was anyone else involved in or a witness to the incident(i.e.,other staff,family,friends,law enforcement,fire
personnel,receiving facility staff,physicians or bystanders)?
• Yes • No
If there were,please identify who they were.
10. Do you have any evidence of the incident(i.e.,pictures,video or audio recordings)?
• Yes • No
If yes,are you willing to provide these as part of the investigation into the incident?
• Yes • No
11. Have you taken any additional actions?
• Yes • No
If yes,what action(s)have you taken?
12. Have you spoken with anyone from the Secure Transportation Service provider?
• Yes • No
If yes,who did you speak with?
Has the Secure Transportation Service tried to address the situation?
• Yes • No
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DocuSign Envelope ID:D8AD7729-D346-451 E-8E7D-904BD4033B67
If yes,what has been done?
13. What prompted this complaint?Please describe what happened and include additional pages if necessary.
14. Are there any law enforcement agencies involved?
• Yes • No
Please name the law enforcement agency/agencies involved:
Submitted by:
Signature:
Printed Name:
Date:
Preferred Method of Contact:
• Email • Phone
If you have any questions regarding this form or about the process,please contact Eagle County Public Health at
securetransport a,eaglecounty.us or by telephone at 970-328-7706.Completed forms can be returned to ECPHE in person at 500
Broadway St,Eagle,CO 81631.
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Exhibit G
Schedule of Penalties for Violations
Violation Penalty
Unlicensed Warning letter and a $250.00 fine will be imposed for unlicensed
Organization organizations
Unpermitted Vehicle Warning letter and a$50.00 fine will be imposed for vehicles without
a permit
No Certificate of Warning letter for first occurrence - subsequent violations will result
Insurance in a 30 day suspension. Lack of remitting proof of insurance will result
(Organization) in revocation/denial of license
Uninsured Vehicle Warning letter for first occurrence- subsequent violations will result
in a 30 day suspension. Lack of remitting proof of insurance will result
in revocation/denial of license.
Unauthorized Warning letter for first occurrence - 30 day Suspension of license for
Personnel subsequent violations.
Missing/Outdated Warning letter for first occurrence- Lack of adequate and required
Manuals & manuals and equipment will result in a 30 day suspension.
Equipment
Reckless driving, Warning letter for first occurrence- subsequent violations will result in
aggressive treatment, a 30 day suspension or a $250.00 fine will be imposed. Revocation of
unlicensed a license will occur if violation is repeated.
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DocuSign Envelope ID:D8AD7729-D346-451E-8E7D-904BD4033B67
Exhibit H
Denial of a License
"5.1 Each county shall develop policies and procedures for the denial, suspension,or revocation of a
secure transportation service license or secure transportation vehicle permit(s)."
Reasons for denial of a license:
Failure to submit any of the required documentation
1. Incomplete Application
2. Failure to pay application fees
3. Failure to remit copy of policy procedures manual, medical protocols,training procedures
4. Failure to remit required vehicle insurance coverage
5. Failure to proof general liability
6. Failure to proof work comp coverage
7. Failure to remit copy of complete vehicle safety requirement inspection
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