(a) Wheelchair vans shall be operated by a certified driver and, where applicable, an attendant.
(1) These persons shall:
(A) Possess a current California driver license or a current California Ambulance Driver Certificate issued by the State Department of Motor Vehicles.
(B) Be at least 18 years of age.
(C) Possess at least a current American Red Cross Standard First Aid and Personal Safety Certificate or equivalent.
(D) Have passed a physical examination within the past two years and possess a current Department of Motor Vehicle form DL-51, Medical Examination Report, which is specifically incorporated herein by reference.
(E) Not act in the capacity of a driver or attendant when such person:
1. Is required by law to register as a sex offender for any offense involving force, duress, threat or intimidation.
2. Habitually or excessively uses or is addicted to narcotics or dangerous drugs, or has been convicted during the preceding seven years of any felony offense relating to the use, sale, possession or transportation of narcotics, addictive or dangerous drugs or alcohol.
3. Habitually or excessively uses intoxicating beverages.
(b) Wheelchair vans shall be equipped with at least the following:
(1) One standard-sized wheelchair.
(2) Loading entrance large enough to accommodate a patient comfortably seated in a standard-sized wheelchair.
(3) Emergency exit, other than loading entrance, that can accommodate a standard-sized wheelchair.
(4) Locking devices for all doors and all door latches which shall be operable from inside and outside on all vehicles manufactured and first registered after January 1, 1980.
(5) Seating capacity to accommodate at least two patients seated in standard-sized wheelchairs.
(6) Approved seat belt assemblies for the driver and any front seat passengers.
(7) Fasteners to secure the wheelchair to the vehicle which must be of sufficient strength to prevent the chairs from rotating, to prevent the chair wheels from leaving the floor in case of sudden movement and to support the chairs and patients in the event the vehicle is overturned.
(8) Lift or ramp with a load capacity of at least 450 pounds which can be secured to the vehicle.
(9) Foot stool or extra step for loading.
(10) One interior light.
(11) Portable, battery-operated light.
(12) Controlled heating and air conditioning system in the patient compartment.
(13) Seats covered with washable vinyl, or similar impermeable material which shall be in sanitary and functional condition.
(14) Spare wheel, jack and tire tools necessary to make minor repairs except when operating where service and repair cars are immediately available.
(15) Current maps of the streets in the area where service is provided.
(16) Fire extinguisher, type 4-B:C dry powder or carbon dioxide. Vaporizing liquid extinguishers shall not be used.
(17) Identification display of the name under which the wheelchair van is doing business or providing service, on both sides and rear of each wheelchair van in letters that contrast sharply with the background. Lettering for upper case letters shall be not less than four inches in height, or proportionate width, and of color readily visible during daylight. Lower case letters shall be no less than three-fourths of the upper case height. All wheelchair vans operated under a single license shall display the same identification.
(c) Wheelchair van providers shall be licensed, operated and equipped in accordance with applicable federal, state and local statutes, ordinances and regulations.
(d) Wheelchair van providers in other states shall comply with applicable federal, state and local statutes, ordinances and regulations.
(e)(1) All wheelchair passengers must be secured to wheelchairs while being loaded, unloaded or transported.
(2) LEA specialized medical transportation services shall not be subject to subsection (e)(1) if the LEA eligible beneficiary's medical or physical condition does not require the use of a wheelchair.
(f) Neither driver nor attendant shall smoke in the wheelchair van.
(g) Wheelchair van providers shall furnish the following information to the local Medi-Cal Field Office on an annual basis:
(1) Statement of hours and geographic area served.
(2) Standard brake and light certificate issued by the Department of Consumer Affairs within 45 days following the annual renewal date.
Credits
Note: Authority cited: Section 20, Health and Safety Code; and Sections 10725, 14105, 14115.8, 14124.5 and 14132.06, Welfare and Institutions Code. Reference: Sections 14115.8, 14132 and 14132.06, Welfare and Institutions Code.
History
1. New section filed 5-22-80; effective thirtieth day thereafter (Register 80, No. 21).
2. Redesignation of former subsection (e) as new subsection (e)(1), new subsection (e)(2) and amendment of Note filed 12-10-2015; operative 4-1-2016 (Register 2015, No. 50).
This database is current through 4/26/24 Register 2024, No. 17.
