non-emergency patient transport regulations 2005file/05-135sr007.docx · web viewnon-emergency...

Version No. 007

Non-Emergency Patient Transport Regulations 2005

S.R. No. 135/2005

Version incorporating amendments as at3 April 2013

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provision 13 Commencement 14 Definitions 2

PART 2—CLASSES OF NON-EMERGENCY PATIENT TRANSPORT SERVICES 6

Division 1—Classes of transport service 6

5 Classes of transport service 6

Division 2—Transport of low acuity patients 6

6 Definition 67 Staffing of vehicles used for the transport of low acuity patients

by a non-emergency patient transport service 78 Staffing of aeromedical services for transport of low acuity

patients 7

Division 3—Transport of medium acuity patients 8

9 Definition 810 Staffing of vehicles used for the transport of medium acuity

patients by a non-emergency patient transport service 911 Staffing of aeromedical services for transport of medium acuity

patients 10

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Division 4—Transport of high acuity patients 10

12 Definition 1013 Staffing of vehicles used for the transport of high acuity

patients by a non-emergency patient transport service 1114 Staffing of aeromedical services for transport of high acuity

patients 12

Division 5—Transport of patients with a mental disorder 13

15 Application 1316 Transport of patients 1317 Staffing of vehicles used for the transport of a patient with a

mental disorder by a non-emergency patient transport service 1418 Staffing of aeromedical services for the transport of a patient

with a mental disorder 15

PART 3—STAFFING OF NON-EMERGENCY PATIENT TRANSPORT SERVICES 16

19 Qualifications for staff of non-emergency patient transport services 16

20 Qualifications for staff of an aeromedical service 1821 Currency of qualifications 1922 Staff identification 1923 Standardisation of qualifications and experience 2024 Skills maintenance training 20

PART 4—LICENSING 22

25 Application for a licence 2226 Application for renewal of licence 2227 Application for variation of a licence 2228 Application for approval in principle 2229 Application for variation of approval in principle 2330 Quality accreditation 2331 Loss of quality accreditation 24

PART 5—STAND-BY SERVICES AT PUBLIC EVENTS 25

32 Application for stand-by accreditation at public events 2533 Accreditation for stand-by services at public events 25

PART 6—RECORDS 26

34 Records to be kept 2635 Patient Care Records 2636 Staff records 2837 Records of an aeromedical service 29

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PART 7—PATIENT RIGHTS AND INFORMATION 30

38 Establishment of complaints register 3039 Contents of complaints register 3040 Contact details of a provider 3041 Provision of information brochure 3042 Content of information brochure 31

PART 8—INFECTION CONTROL 32

43 Infection control management plan 3244 Vehicles 3245 Linen 33

PART 9—PROVISION, INSPECTION AND MAINTENANCE OF VEHICLES AND EQUIPMENT 34

46 Maintenance of vehicles and equipment 3447 Records of maintenance 3448 Restraints 3449 Interiors of road vehicles 3550 Exterior of vehicles and livery 3751 Equipment 3752 Communication devices 39

PART 10—GENERAL 40

53 Licence to be prominently displayed 4054 Public and professional liability insurance 4055 Clinical practice protocols 40

PART 11—AEROMEDICAL SERVICES 41

56 Report of breach of CASA requirements 4157 Aircraft equipment 4158 Configuration 4259 Stowage 4260 Loading 4261 Cabin 4362 Medical equipment 4463 Other equipment requirements 45

PART 12—INFRINGEMENTS 46

64 Infringement notices 4665 Infringement penalties 46

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SCHEDULES 47

SCHEDULE 1—Application for a Non-emergency Patient Transport Service Licence 47

SCHEDULE 2—Application for the Renewal of a Non-emergency Patient Transport Service Licence 49

SCHEDULE 3—Application for Variation of a Non-emergency Patient Transport Service Licence 50

SCHEDULE 4—Application for Approval in Principle to Operate a Non-emergency Patient Transport Service 51

SCHEDULE 5—Application for Variation or Transfer of Certificate of Approval in Principle to Operate a Non-emergency Patient Transport Service 53

SCHEDULE 6—Application for Stand-by Service Accreditation 55

SCHEDULE 7—Fees 56

SCHEDULE 8—Equipment and Supplies to be Provided in Non-emergency Patient Transport Vehicles Including Aircraft Used to Transport Low Acuity Patients 57

SCHEDULE 9—Equipment and Supplies to be Provided in Non-emergency Patient Transport Vehicles Including Aircraft Used to Provide Transport for Medium and High Acuity Patients 59

SCHEDULE 10—Equipment and Supplies to be Provided in Non-emergency Patient Transport Vehicles Including Aircraft Used by Nets to Provide Transport for Medium and High Acuity Patients 61

SCHEDULE 11—Infringement Notices and Penalties 62

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ENDNOTES 63

1. General Information 63

2. Table of Amendments 64

3. Explanatory Details 65

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Version No. 007


S.R. No. 135/2005

Version incorporating amendments as at3 April 2013

PART 1—PRELIMINARY

1 Objective

The objective of these Regulations is to prescribe standards and requirements for the provision of non-emergency patient transport services under the Non-Emergency Patient Transport Act 2003.

2 Authorising provision

These Regulations are made under section 64 of the Non-Emergency Patient Transport Act 2003.

3 Commencement

(1) These Regulations (apart from regulations 19(b), 30(1), 48(5) and 51(4)) come into operation on 1 February 2006.

(2) Regulations 19(b) and 48(5) come into operation on 1 February 2007.

(3) Regulation 30(1) comes into operation on 1 September 2007.

(4) Regulation 51(4) comes into operation on 1 February 2009.

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4 Definitions

In these Regulations—

additives means any drug or therapeutic substance that is prescribed for the patient by a registered medical practitioner;

aeromedical service means a non-emergency patient transport service that transports patients by air;

air transport pilot licence means a licence by that name issued by CASA;

AS/NZS 4535:1999 means Australia/New Zealand Standard 4535:1999, Ambulance restraint systems, as published jointly by Standards Australia and Standards New Zealand on 5 February 1999;

CASA means the Civil Aviation Safety Authority;

infection control guidelines means the Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004;

intervention, in relation to the treatment of a high acuity patient, means any treatment which may be administered by staff involved in high acuity patient care and includes any invasive procedure;

management, in relation to the treatment of a patient, includes the administration of those drugs which are permitted to be administered according to the clinical practice protocols and other general treatment not including intervention;

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monitoring, in relation to the treatment of a patient, includes monitoring of cardiac, respiratory, metabolic, neurological or fluid status or any combination thereof, and monitoring of equipment;

National Training Information Service means a service developed by the Australian National Training Authority to provide access to current and emerging training market information and products in vocational education and training;

NETS means the Newborn Emergency Transport Service operated under the auspices of the Royal Women's Hospital;

nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(b) in the registered nurses division of that profession;

obtund means to blunt or deaden in a manner which reduces or causes complete loss of sensation in nerves;

PETS means the Paediatric Emergency Transport Service operated by the Royal Children's Hospital Paediatric Intensive Care Unit;

provider means—

(a) a person who provides non-emergency patient transport services in accordance with a licence under section 5(1) of the Act; and

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Reg. 4 def. of nurse substituted by S.R. No. 78/2010 reg. 3(1).

(b) an ambulance service within the meaning of the Ambulance Services Act 1986 when providing a non-emergency patient transport service; and

(c) a public hospital or denominational hospital when providing a non-emergency patient transport service; and

(d) any other person providing non-emergency patient transport services in accordance with the Act;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered training organisation means a person or body registered in accordance with the Victorian Qualifications Authority Act 2000 to deliver an accredited course or issue a recognised qualification;

rural location means a location within the Barwon South Western Region, Gippsland Region, Grampians Region, Hume Region or Loddon Mallee Region, as prescribed in the Health Services (Prescribed Regions) Regulations 20041;

shock advisory external defibrillator means an automatic external defibrillator that provides the operator with an audible or visible prompt to discharge the defibrillator to deliver a shock to the patient when it recognises a shockable rhythm;

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Reg. 4 def. of registered medical practitioner inserted by S.R. No. 78/2010 reg. 3(2).

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the Act means the Non-Emergency Patient Transport Act 2003;

the clinical practice protocols means the Clinical Practice Protocols Manual published by the Department in September 2005;

time critical in relation to the condition of a patient, means that the condition is such that immediate medical attention is necessary and requires a response by the public emergency ambulance service;

VAERCS means the Victorian Adult Emergency Retrieval Coordination Service that is operated by St Vincent's Health Melbourne under a service agreement with the Department to transport ill patients to a higher level of health care service;

Victorian Qualifications Authority means the Victorian Qualifications Authority established by the Victorian Qualifications Authority Act 2000.

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PART 2—CLASSES OF NON-EMERGENCY PATIENT TRANSPORT SERVICES

Division 1—Classes of transport service

5 Classes of transport service

For the purposes of section 64(1)(d) of the Act, the following classes of non-emergency patient transport service are prescribed—

(a) low acuity patient road transport service;

(b) low acuity patient air transport service;

(c) medium acuity patient road transport service;

(d) medium acuity patient air transport service;

(e) high acuity patient road transport service;

(f) high acuity patient air transport service.

Division 2—Transport of low acuity patients

6 Definition

In this Division a low acuity patient is a patient who requires active monitoring and has one or more of the following conditions—

(a) impaired cognitive function requiring supervision;

(b) chronic diagnosed shortness of breath if there has been no recent change in that condition;

(c) an inability to travel in a normal seated position;

(d) an inability to walk more than a few steps unaided—

but does not include a patient—

(e) with a diagnosed mental disorder;

r. 5Part 2—Classes of Non-emergency Patient Transport Services

Non-Emergency Patient Transport Regulations 2005S.R. No. 135/2005

6

(f) referred to in paragraph (b), if being transported by an aeromedical service;

(g) whose condition is time critical or whose condition is likely to become time critical during transport.

7 Staffing of vehicles used for the transport of low acuity patients by a non-emergency patient transport service

A provider, if transporting a low acuity patient in a vehicle by road, must provide the following staff—

(a) if the patient is able to walk to the vehicle and lie down on a stretcher unaided, 1 patient transport officer; or

(b) if the patient is unable to walk to the vehicle and lie down on a stretcher unaided, 2 patient transport officers; or

(c) if a risk assessment is carried out in accordance with the Occupational Health and Safety (Manual Handling) Regulations 19992, and it is deemed safe on the grounds that assistance at either end of the journey will be provided, 1 patient transport officer.

Penalty:20 penalty units.

8 Staffing of aeromedical services for transport of low acuity patients

A provider of an aeromedical service, if transporting a low acuity patient by air, must provide the following staff—

(a) 1 pilot; and



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(b) either—

(i) if the patient is able to walk into the aircraft and lie down on a stretcher unaided, 1 ambulance transport attendant; or

(ii) if a risk assessment is carried out in accordance with the Occupational Health and Safety (Manual Handling) Regulations 1999, and it is deemed safe on the grounds that the road crew at either end of the journey or aircrew can assist, 1 ambulance transport attendant; or

(iii) if paragraph (b)(i) and (ii) do not apply, 1 ambulance transport attendant and 1 patient transport officer.


Division 3—Transport of medium acuity patients

9 Definition

In this Division a medium acuity patient is a patient—

(a) who requires active monitoring or management; and

(b) who is assessed by a registered medical practitioner as being haemodynamically stable for the duration of the transport; and

(c) who may also require—

(i) specialised equipment requiring monitoring; or

(ii) observation and monitoring of an intravenous infusion that does not contain any vasoactive agents; or



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(iii) in cases where the patient has been pain-free for a period of not less than 2 hours from the time of presentation, observation and monitoring of an intravenous infusion that contains glyceryl trinitrate—

but does not include a patient whose condition is time critical or whose condition is likely to become time critical during the transport.

10 Staffing of vehicles used for the transport of medium acuity patients by a non-emergency patient transport service

(1) A provider, if transporting a medium acuity patient in a vehicle by road, must provide the following staff—

(a) 1 ambulance transport attendant; and

(b) 1 patient transport officer.


(2) Subregulation (1) does not apply to a provider that is an ambulance service if—

(a) the service is operating at a rural location; and

(b) it is not reasonably practicable for the service, by reason of its location, to comply with the requirements of that subregulation.

(3) Despite subregulation (2), subregulation (1) applies if a provider that is an ambulance service is transporting a sedated patient.

(4) If subregulation (2) applies, the provider must take reasonable steps to secure the services of another provider to undertake the transport.



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(5) A provider that has been unable to secure the services of another provider in accordance with subregulation (4) may transport the patient using the staff available at the rural location.

11 Staffing of aeromedical services for transport of medium acuity patients

A provider of an aeromedical service, if transporting a medium acuity patient by air, must provide the following staff—

(a) 1 pilot; and

(b) either—

(i) if a risk assessment has been carried out in accordance with the Occupational Health and Safety (Manual Handling) Regulations 1999, and it is deemed safe on the grounds that the road crew at either end of the journey or aircrew can assist, 1 ambulance transport attendant; or

(ii) if paragraph (b)(i) does not apply, 1 ambulance transport attendant and 1 patient transport officer.


Division 4—Transport of high acuity patients

12 Definition

In this Division a high acuity patient is a patient—

(a) who requires active monitoring, management or intervention; and

(b) who is assessed by a registered medical practitioner as being haemodynamically stable for the duration of the transport; and



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(c) who requires one or more of the following—

(i) cardiorespiratory support;

(ii) a higher level of care than that required by regulation 9 for the transport of a medium acuity patient;

(iii) in cases where the patient has been pain free for at least 2 hours from the time of presentation, observation and monitoring of an intravenous line with additives including glyceryl trinitrate;

(iv) transport by NETS, PETS or VAERCS in a vehicle used to transport patients by a non-emergency patient transport service—

but does not include a patient whose condition is time critical or whose condition is likely to become time critical during the transport.

13 Staffing of vehicles used for the transport of high acuity patients by a non-emergency patient transport service

(1) A provider, if transporting a high acuity patient in a vehicle by road, must provide the following staff in accordance with paragraph (a), (b) or (c)—

(a) (i) 1 patient transport officer; and

(ii) 1 ambulance transport attendant; and

(iii) a nurse or registered medical practitioner escort from the health service from which the patient is being transported; or

(b) (i) 1 patient transport officer; and

(ii) 1 nurse with the qualifications set out in regulation 19(f); or

(c) (i) 1 patient transport officer; and



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(ii) 1 member of staff of NETS, PETS or VAERCS.




(b) it is not reasonably practicable for the service, by reason of its location, to achieve the staffing requirements set out in that subregulation.




14 Staffing of aeromedical services for transport of high acuity patients

A provider of an aeromedical service, if transporting a high acuity patient by air, must provide the following staff—

(a) 1 pilot; and

(b) either—

(i) a nurse or registered medical practitioner escort from the health service from which the patient is being transported and 1 ambulance transport attendant; or



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(ii) 1 nurse with the qualifications set out in regulation 19(f); or

(iii) 1 ambulance transport attendant and 1 staff member of, NETS, PETS or VAERCS.


Division 5—Transport of patients with a mental disorder

15 Application

(1) This Division applies to the transport of a patient who is receiving services for a mental disorder at a health service and who requires transport from that health service to another health service, or to the patient's place of residence.

(2) This Division does not apply to the transport of a patient under a provision of the Mental Health Act 1986 or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

16 Transport of patients

(1) A provider may only transport a patient referred to in regulation 15 if—

(a) no restraint is required; and

(b) sedation that is administered prior to transport does not obtund the patient and repeat doses are not expected to be required during transportation; and

(c) the patient is assessed as stable and suitable for transport by a registered medical practitioner at the health service from which the patient is being transported.



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(2) A provider must ensure that the patient is transported as a medium or high acuity patient, whether or not active monitoring of vital signs is required.


17 Staffing of vehicles used for the transport of a patient with a mental disorder by a non-emergency patient transport service

(1) A provider, if transporting a patient referred to in regulation 15 by road, must provide the following staff—

(a) 1 ambulance transport attendant; and

(b) 1 patient transport officer.




(b) it is not reasonably practicable for the service, by reason of its location, to achieve the staffing requirements set out in subregulation (1).






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18 Staffing of aeromedical services for the transport of a patient with a mental disorder

A provider of an aeromedical service, if transporting a patient referred to in regulation 15 by air, must provide the following staff—

(a) 1 pilot; and

(b) if a risk assessment is carried out in accordance with the Occupational Health and Safety (Manual Handling) Regulations 1999, and it is deemed safe on the grounds that the road crew at either end of the journey or the aircrew can assist, 1 ambulance transport attendant; or

(c) if paragraph (b) does not apply, 1 ambulance transport attendant and 1 patient transport officer.


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PART 3—STAFFING OF NON-EMERGENCY PATIENT TRANSPORT SERVICES

19 Qualifications for staff of non-emergency patient transport services

A provider must ensure that staff members of the provider have the following minimum qualifications—

(a) for a person driving a vehicle used for the transport of a patient by a non-emergency patient transport service, a full driver licence.

Penalty:20 penalty units;

(b) for a patient transport officer, Certificate III in Non-Emergency Patient Transport, or equivalent.


(c) for an ambulance transport attendant—

(i) Diploma of Paramedical Science (Ambulance) or equivalent, and not less than 400 hours of supervised clinical practice; or

(ii) Diploma of Health Sciences (Emergency Care), and not less than 400 hours of supervised clinical practice.


(d) for an ambulance officer—

(i) Associate Diploma of Health Science (Ambulance Officer); or

(ii) Certificate of Applied Science (Ambulance Officer); or



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(iii) Diploma in Health Science (Ambulance) or equivalent.


(e) for a nurse employed by a provider, completion of an appropriate bridging course for practice in the non-emergency patient transport sector.


(f) for a nurse employed by a provider to undertake the primary care role in the transport of high acuity patients—

(i) a critical care qualification; and

(ii) experience in the intensive care unit, coronary care unit, emergency department or equivalent unit of a hospital, within the preceding 24 months; and

(iii) an appropriate bridging course for practice in the non-emergency patient transport sector.


(g) for a clinical instructor—

(i) full time work for a period of not less than 18 months or equivalent as—

(A) an ambulance paramedic with an ambulance service; or

(B) an ambulance transport attendant or nurse with a non-emergency patient transport service provider; and



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(ii) completion of a clinical instructors programme, consisting of not less than the following units of the certificate level IV Training and Assessment recognised by the National Training Information Service—

(A) Provide training through instruction and demonstration of work skills;

(B) Plan and organise assessment;

(C) Assess competence;

(D) Participate in assessment validation or equivalent.


20 Qualifications for staff of an aeromedical service

(1) A provider must ensure that in addition to the requirements of regulation 19, staff of an aeromedical service, other than a pilot and patient transport officer, must have successfully completed the introductory unit of the Monash University Centre of Paramedic Studies Certificate in Aeromedical Retrieval, or equivalent.


(2) A provider must ensure that a pilot transporting a patient holds an air transport pilot licence.




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21 Currency of qualifications

A provider must ensure that all staff referred to in regulation 19—

(a) have been actively employed by a non-emergency patient transport service or an ambulance service within the 2 years prior to commencing work with the provider; or

(b) undertake supervised clinical practice for a period equivalent to not less than 10 full time weeks.


22 Staff identification

(1) A provider must ensure that all staff referred to in regulation 19 wear an identification tag while on duty displaying one of the following titles as appropriate—

(a) Non-Emergency Patient Transport—Patient Transport Officer;

(b) Non-Emergency Patient Transport—Ambulance Transport Attendant;

(c) Non-Emergency Patient Transport—Ambulance Officer;

(d) Non-Emergency Patient Transport—Division 1 Registered Nurse;

(e) Non-Emergency Patient Transport—Division 1 Registered Nurse—Critical Care.

Penalty: 1 penalty unit.

(2) A provider must ensure that the words "Non-Emergency Patient Transport" are dominant on the identification tag and that the title appears in a less prominent manner.

Penalty: 1 penalty unit.



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23 Standardisation of qualifications and experience

(1) In accordance with regulation 19(b), (c) and (d) and regulation 20(1), a provider must, before employing any staff member whose qualifications are equivalent to the qualifications set out in those regulations—

(a) commission a registered training organisation to undertake an assessment of the prospective staff member's qualifications, currency of qualifications and clinical experience to ensure that they are of an equivalent standard to the qualifications set out in those regulations; or

(b) require the prospective staff member to produce a certificate that states that the qualifications of the prospective staff member are equivalent to the qualifications set out in those regulations.


(2) Before engaging a registered training organisation to undertake an assessment, the provider must ensure that the registered training organisation is registered with the Victorian Qualifications Authority to deliver training in a course set out in regulations 19 and 20 that is relevant to the job classification of the prospective staff member.

24 Skills maintenance training

(1) A provider must ensure that all staff referred to in regulation 19 are provided with annual training in the following areas—

(a) basic life support; and



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(b) occupational health and safety, with particular attention to manual handling and infection control; and

(c) the clinical practice protocols.


(2) A provider must ensure that in addition to the requirements of subregulation (1), ambulance transport attendants, ambulance officers and nurses undertaking medium and high acuity patient transport are provided with training in defibrillator and electrocardiogram rhythm recognition.


(3) Subregulation (2) does not apply to NETS.

(4) A provider must keep a record of the names of staff who have participated in training in respect of each subject area set out in subregulations (1) and (2), and the level of accreditation achieved by each staff member.


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PART 4—LICENSING

25 Application for a licence

(1) For the purposes of section 14(2)(a) of the Act, the prescribed form is the form set out in Schedule 1.

(2) For the purposes of section 14(2)(b) of the Act, the prescribed fee is to be calculated in accordance with items 3 and 4 of Schedule 7.

26 Application for renewal of licence


(2) For the purposes of section 21(2)(b) of the Act, the prescribed fee is to be calculated in accordance with item 6 of Schedule 7.

27 Application for variation of a licence



28 Application for approval in principle





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29 Application for variation of approval in principle

(1) For the purposes of sections 8(2)(a) and 12 of the Act, the prescribed form is the form set out in Schedule 5.

(2) For the purposes of section 8(2)(b) and section 12 of the Act, the prescribed fee is to be calculated in accordance with item 2 of Schedule 7.

30 Quality accreditation

(1) A person applying for a licence under section 5(1) of the Act must—

(a) have obtained quality accreditation from the Australian Council on Healthcare Standards or the Quality Improvement Council or a similarly recognised body, or certification of a quality improvement system from a company accredited by the Joint Accreditation System of Australia and New Zealand; or

(b) (i) obtain quality accreditation or certification as described in paragraph (a) within 18 months of being granted a licence; and

(ii) provide a plan with the application that sets out what steps will be taken to achieve accreditation or certification within 18 months of being granted a licence.

(2) A person granted a licence must maintain the quality accreditation or certification for the duration of the licence.




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31 Loss of quality accreditation

A licence holder must report immediately to the Department any suspension or revocation of their quality accreditation during the period of their licence.

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PART 5—STAND-BY SERVICES AT PUBLIC EVENTS

32 Application for stand-by accreditation at public events



33 Accreditation for stand-by services at public events

A provider that applies for stand-by service accreditation under section 35(3) of the Act and that can demonstrate on application a capability to transport medium acuity or high acuity patients may be granted stand-by service accreditation.

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PART 6—RECORDS

34 Records to be kept

(1) A provider must ensure that all the following records are accurately maintained—

(a) patient care records;

(b) staff records;

(c) vehicle and equipment registers.


(2) A provider must ensure that the records referred to in subregulation (1) are stored in a secure manner in accordance with the Australian/New Zealand Standard 7799.2.2003, Information Security Management, Part 2: Specification for information security management systems, as published jointly by Standards Australia/Standards New Zealand on 11 February 2003.


35 Patient Care Records

(1) In the case of a low acuity patient, a provider must ensure that a patient care record includes the following information—

(a) the patient's name; and

(b) the patient's address; and

(c) the patient's date of birth; and

(d) the patient's gender; and

(e) the time and date of the patient's transport and, in the case of aeromedical services, the flight time; and

(f) the reason for the patient's transport; and

(g) the patient's pick up location and final destination; and



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(h) the printed names and titles of staff undertaking the patient's transport.


(2) If a low acuity patient's destination is a health or aged care service, a provider must ensure that the information contained in the patient care record is verbally communicated to the person receiving the patient.

(3) In the case of a medium or a high acuity patient, the provider must ensure that the patient care record includes the following information—

(a) the patient's name; and

(b) the patient's address; and

(c) the patient's date of birth; and

(d) the patient's gender; and

(e) all relevant clinical details of the patient including any co-morbidities; and

(f) the admission diagnosis of the patient; and

(g) the time and date of the patient's transport and, in the case of an aeromedical service, the flight time; and

(h) the reason for the patient's transport; and

(i) the name of the registered medical practitioner that has assessed the patient as being haemodynamically stable for the duration of the transport; and

(j) the patient's pick up location and final destination; and

(k) details of any monitoring or treatment provided to the patient during transportation; and



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(l) the printed names and titles of staff undertaking the patient's transport.


(4) If a medium or high acuity patient's destination is a health or aged care service, a provider must ensure that—

(a) the information contained in the patient care record is communicated verbally to the person receiving the patient at the health or aged care service; and

(b) a copy of the patient care record is provided to the person receiving the patient at the health or aged care service.

36 Staff records

(1) For the purposes of regulation 34, staff records must include the following information in relation to each staff member—

(a) full name; and

(b) date of birth; and

(c) job classification; and

(d) qualifications; and

(e) relevant clinical experience; and

(f) if registered with a professional body, the relevant registration number; and

(g) immunisation records as recommended in the infection control guidelines; and

(h) mandatory skills maintenance training and accreditation record.


(2) In the case of an aeromedical service, in addition to the information specified in subregulation (1), staff records must contain—



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(a) details of a pre-employment examination by a CASA appointed designated aviation medical examiner who is not a staff member of the service; and

(b) a schedule of and report on health and fitness reviews of staff members.


(3) A provider must retain the staff records for a period of not less than 2 years following cessation of employment of the staff member.


37 Records of an aeromedical service

A provider of an aeromedical service must produce a copy of its current Air Operators Certificate issued by CASA to the Department at the request of the Department.


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PART 7—PATIENT RIGHTS AND INFORMATION

38 Establishment of complaints register

A provider must establish a complaints register for all complaints received about the service, whether the complaints were made in writing or verbally.


39 Contents of complaints register

A provider must ensure that its complaints register contains the following information—

(a) the nature of the complaint; and

(b) the date of the complaint; and

(c) details of any investigation of the complaint; and

(d) the outcome of any investigation of the complaint; and

(e) any action taken.


40 Contact details of a provider

A provider must ensure that contact details for its non-emergency patient transport service are provided to each patient transported by the service, before the completion of the transport.


41 Provision of information brochure

A provider must ensure that an information brochure containing the information set out in regulation 42 is made available on request to a patient transported by the service.




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42 Content of information brochure

An information brochure provided to a patient in accordance with regulation 41 must contain the following information—

(a) the patient's rights when using a non-emergency patient transport service; and

(b) the non-emergency patient transport service's complaints procedure, including—

(i) contact details of the non-emergency patient transport service; and

(ii) how a complaint about the service will be managed and the associated time frames; and

(iii) alternative avenues for making a complaint about the service.


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PART 8—INFECTION CONTROL

43 Infection control management plan

(1) A provider must ensure that an infection control management plan is developed in compliance with the infection control guidelines.


(2) Without limiting the generality of subregulation (1) the plan must—

(a) identify all possible areas where there is a risk of transmission of infection; and

(b) identify areas that require ongoing infection control education; and

(c) state the name and qualifications of the person responsible for identifying areas of risk; and

(d) identify the mechanism by which compliance with the infection control management plan will be monitored.


(3) A provider must ensure that the infection control management plan is reviewed annually.


44 Vehicles

(1) A provider must ensure that a vehicle-cleaning plan is developed in compliance with the infection control guidelines.


(2) The vehicle-cleaning plan must include—

(a) an associated cleaning schedule; and

(b) guidelines on cleaning practices.



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(3) A provider must ensure that all vehicles used for the transport of patients by a non-emergency patient transport service are kept in a clean and hygienic condition.


45 Linen

A provider must ensure that the use, disposal and laundering of linen is included in the infection control management plan developed under regulation 43.

__________________



33

PART 9—PROVISION, INSPECTION AND MAINTENANCE OF VEHICLES AND EQUIPMENT

46 Maintenance of vehicles and equipment

A provider must ensure that an annual maintenance schedule is developed to ensure all vehicles and equipment are kept in good working order in accordance with the manufacturers' specifications.


47 Records of maintenance

(1) A provider must keep an accurate record of all maintenance and repairs to vehicles and equipment.


(2) A provider must ensure that the record referred to in subregulation (1) is retained and maintained for the lifespan of any vehicle or equipment to which it relates.


48 Restraints

(1) A provider must ensure that all stretcher and seating positions within a road vehicle are provided with adequate restraints as defined in AS/NZS 4535:1999 and the Australia/New Zealand Standard on Child restraint systems for use in motor vehicles, AS/NZS 1754:2000 incorporating Amendment No.1, published jointly by Standards Australia International and Standards New Zealand in April 2001.




34

(2) If a non-emergency patient transport service transports neonates within incubators, the provider must ensure that—

(a) the incubator is fastened to the stretcher using restraint devices compliant with AS/NZS 4535:1999 in a manner that does not obstruct access to the infant; and

(b) the neonate is restrained within the incubator with netting or a harness designed for this purpose.


(3) A provider must ensure that vehicle interiors are provided with adequate infant and child restraint devices to accommodate infants and children being transported.


(4) A provider must ensure that vehicle interiors are provided with adequate restraint devices compliant with AS/NZS 4535:1999 to allow for the restraint of equipment within the vehicle.


(5) A provider must ensure that vehicle interiors are provided with restraint devices adequate to secure a mobility device of up to 1 metre 06 metres 03 metres in size.


49 Interiors of road vehicles

(1) A provider must ensure that vehicle interiors are provided with adequate room between stretchers and seats that is sufficient to facilitate proper patient care.




35

(2) A provider must ensure that vehicle interiors are provided with seating in the patient compartment to allow for at least one attendant and for adequate seating for all persons travelling in the vehicle.


(3) A provider must ensure that vehicle interiors allow the patient to be viewed at all times by staff working in an operational role.

Penalty: 5 penalty units.

(4) A provider must ensure that vehicle interiors are provided with heating and air-conditioning sufficient to ensure patient comfort within the vehicle.


(5) A provider must ensure that vehicles are provided with windows fitted to all doors.


(6) A provider must ensure that vehicle interiors are provided with window tinting, to a degree which is legally acceptable, to maintain patient privacy.


(7) A provider must ensure that vehicle interiors are provided with adequate interior lighting to provide safe patient care at all times within all areas of the vehicle, together with the ability to adjust lighting from the patient compartment and from the driver compartment.




36

(8) A provider must ensure that vehicle interiors are provided with a 240 volt (2 amp) power supply with two outlets within the vehicle that must be installed by a qualified electrical contractor, and where the transport of incubators or other 12 volt devices is required, that a 12 volt (10 amp) power supply compliant with applicable electrical standards is available.


(9) A provider must ensure that vehicle interiors are provided with smooth, impermeable, seamless materials for the surface of floors and walls in accordance with the infection control guidelines.


50 Exterior of vehicles and livery

A provider must ensure that all vehicles used for the transport of patients by a non-emergency patient transport service are clearly distinguishable from an ambulance operated by an ambulance service within the meaning of section 39(1) of the Ambulance Services Act 1986, and that if the word "paramedic" or any variation to the word appears on the vehicle, the letters must be no larger than 6 centimetres in height.


51 Equipment

(1) A provider, if transporting a low acuity patient in a vehicle by road or by air, must ensure that the vehicle or aircraft carries all the equipment and supplies specified in Schedule 8 and that the equipment is maintained in working order.




37

(2) A provider, other than NETS, if transporting a medium or high acuity patient in a vehicle by road or by air, must ensure that the vehicle or aircraft carries all the equipment and supplies specified in Schedule 9 and that the equipment is maintained in working order.


(3) NETS, if transporting a medium or high acuity patient in a vehicle by road or by air, must ensure that the vehicle or aircraft carries all the equipment and supplies specified in Schedule 10 and that the equipment is maintained in working order.


(4) A provider must ensure that any defibrillator carried is a shock advisory external defibrillator.


(5) A provider may use any additional health equipment supplied by the health service from which the patient is being transported, provided the health equipment complies with AS/NZS 4535:1999.

(6) A provider must ensure that all electrical equipment is adequately charged for use during all hours of vehicle operation.




38

52 Communication devices

(1) A provider must ensure that communication devices are available during a non-emergency patient transport service's hours of operations to enable the service to maintain contact with the non-emergency patient transport service base, the health service destination and an ambulance service.


(2) In the case of an aeromedical service, the provider must ensure that all aircraft have a clinical communication system that facilitates direct, duplex communication between staff and other medical and transport services on the ground or any health service by the public switched telephone network.


__________________



39

PART 10—GENERAL

53 Licence to be prominently displayed

A provider must display its non-emergency patient transport service licence in a prominent position in the reception or administrative area of the non-emergency patient transport service office.


54 Public and professional liability insurance

A provider must obtain public liability insurance and professional indemnity insurance, each to the value of 10 million dollars.

55 Clinical practice protocols

A provider must comply with the clinical practice protocols.

__________________



40

PART 11—AEROMEDICAL SERVICES

56 Report of breach of CASA requirements

(1) A provider of an aeromedical service must report immediately to the Department if it is issued by CASA with—

(a) a non-conformance notice; or

(b) a show just cause notice.


(2) A provider of an aeromedical service must notify the Department of any exemptions granted by CASA to CASA's requirements for the provision of an aeromedical service.


57 Aircraft equipment

A provider of an aeromedical service must ensure that any aircraft it uses for an aeromedical service is fitted with—

(a) the minimum equipment required by CASA to fly the aircraft solely using the aircraft's instruments, without visual references; and

(b) anti-icing and de-icing facilities; and

(c) a 240 volt (2 amp) power supply with two outlets; and

(d) if the transport of incubators or other 12 volt devices is required, a 12 volt (10 amp) power supply compliant with applicable electrical standards.




41

58 Configuration

(1) A provider of an aeromedical service must ensure that the clinical facilities and equipment in an aircraft used by it for an aeromedical service are placed in a position to allow continued patient treatment at all times, including during adverse weather conditions.


(2) A provider of an aeromedical service must ensure that a seat is provided for any person travelling on the aircraft.


59 Stowage

(1) A provider of an aeromedical service must ensure that an aircraft used by it for an aeromedical service provides sufficient and appropriate storage space and restraint for any medical equipment carried on board.


(2) A provider of an aeromedical service must ensure that provision is made in an aircraft used by it for an aeromedical service for the carriage and stowage of passenger or patient cabin baggage and five kilograms of luggage per passenger.


60 Loading

(1) A provider of an aeromedical service must ensure that the main cabin door and stretcher loading system of an aircraft used by it for an aeromedical service are designed to permit boarding and disembarking of both ambulatory and stretcher patients.




42

(2) A provider of an aeromedical service must ensure that stretcher loading and unloading requires the assistance of not more than two persons.


(3) A provider of an aeromedical service must ensure that loading and unloading of stretcher patients is achievable without rotating the patient more than ten degrees in roll, or eight degrees in pitch, measured relative to the floor of the aircraft.


(4) A provider of an aeromedical service must ensure the stretcher-loading device allows access to patients to be maintained at all times during loading and unloading.


61 Cabin

A provider of an aeromedical service must ensure, in respect of any aircraft used by it for an aeromedical service, that—

(a) the cabin lining and floor coverings are of a smooth, non-skid, anti-static, washable material, sealed against the aircraft sidewalls to window level; and

(b) for night flights, opaque washable curtains or dividers are fitted between the cockpit and cabin.




43

62 Medical equipment

A provider of an aeromedical service must ensure that any aircraft used by it for an aeromedical service is provided with the equipment and supplies set out in Schedule 9 with the following additional requirements—

(a) oxygen, with the following minimum requirements—

(i) medical aircraft must be fitted with a CASA approved medical oxygen system capable of supplying adequate oxygen for any foreseeable mission profile; and

(ii) warning device or devices for main medical oxygen supply exhaustion; and

(iii) oxygen must be able to be turned off during flight;

(b) suction, with the following minimum requirements—

(i) medical aircraft must be fitted with a suction system capable of performing in all foreseeable cabin pressures; and

(ii) there should be one suction outlet and apparatus per stretcher, plus one reserve method of applying suction; and

(iii) suction equipment is able to operate when aircraft is not in flight.




44

63 Other equipment requirements

A provider of an aeromedical service must ensure that all patients dependent on a mechanical ventilator during non-emergency transport by air are protected with a disconnect alarm and have capnography available to them.


__________________



45

PART 12—INFRINGEMENTS

64 Infringement notices

For the purposes of section 56(1) of the Act, a prescribed offence is an offence set out in column 1 of the Table in Schedule 11.

65 Infringement penalties

For the purposes of section 57 of the Act, the infringement penalty for an offence set out in column 1 of the Table in Schedule 11 is the amount in penalty units set out opposite that infringement in column 2 of that Table.

__________________



46

SCHEDULES

SCHEDULE 1Regulation 25

APPLICATION FOR A NON-EMERGENCY PATIENT TRANSPORT SERVICE LICENCE

SECTION A

(1) Full name of applicant:

(2) Postal address of applicant:

(3) The name, telephone and facsimile numbers and email address of a contact person for the purposes of the application:

(4) If the applicant is a body corporate, the name and address of any director or officer of the body corporate who may exercise control over the non-emergency patient transport service:

SECTION B

(1) The class of non-emergency patient transport for which a licence is sought—

transport of low acuity patients; or

transport of medium acuity patients; or

transport of high acuity patients.

(2) The proposed name of the non-emergency patient transport service, its street address and the municipal district in which the business is located:

(3) The proposed number and types of vehicles:

Type of vehicle Number of vehicles

road

fixed wing aircraft

rotary wing aircraft

Sch. 1Part 2—Classes of Non-emergency Patient Transport Services


47

Signature of applicant:

Name of each signatory (in BLOCK LETTERS):

Date:

*Delete if inapplicable.

__________________



48



APPLICATION FOR THE RENEWAL OF A NON-EMERGENCY PATIENT TRANSPORT SERVICE LICENCE

SECTION A




(4) If the applicant is a body corporate, the name and address of any director or officer of the body corporate who may exercise control over the non-emergency patient transport service:

SECTION B

(1) The name of the non-emergency patient transport service and its street address:

(2) Date of expiry of current licence:



Date:

__________________



49



APPLICATION FOR VARIATION OF A NON-EMERGENCY PATIENT TRANSPORT SERVICE LICENCE

SECTION A




SECTION B

(1) The nature of the variation sought—

variation of any condition to which the licence is subject; or

an alteration in the number of vehicles to which the licence relates; or

an alteration in the type of vehicles to which the licence relates.

(2) Details of the variation sought:



Date:


__________________



50


APPLICATION FOR APPROVAL IN PRINCIPLE TO OPERATE A NON-EMERGENCY PATIENT TRANSPORT SERVICE

SECTION A




(4) If the applicant is a body corporate, the name and address of a director or officer of the body corporate who may exercise control over the non-emergency patient transport service:

SECTION B

(1) The name (or proposed name) of the non-emergency patient transport service, its street address and the municipal district in which the service is, or is to be, located:

(2) This application is for an approval in principle for a non-emergency patient transport service intending to undertake:

transport of low acuity patients; or

transport of medium acuity patients; or

transport of high acuity patients.

(3) The proposed number and types of vehicles:

Type of vehicle Number of vehicles

road

fixed wing aircraft

rotary wing aircraft



51



Date:


__________________



52


APPLICATION FOR VARIATION OR TRANSFER OF CERTIFICATE OF APPROVAL IN PRINCIPLE TO OPERATE A

NON-EMERGENCY PATIENT TRANSPORT SERVICE

SECTION A




SECTION B

(1) The name (or proposed name) of the non-emergency patient transport service, its street address and the municipal district in which the service is to be located:

(2) This application is for approval in principle for—

variation of the certificate of approval in principle or any condition to which it is subject; or

transfer of the certificate of approval in principle to another person.

(3) Reason for the proposed variation:

(4) If the application relates to the transfer of the certificate to another person:

(a) the name of that person; and

(b) the postal address of that person; and

(c) that person's, telephone and facsimile numbers and email address.

(5) If the transferee is a body corporate, the name and address of any director or officer of the body corporate who may exercise control over the non-emergency patient transport service:



53



Date:


__________________



54



APPLICATION FOR STAND-BY SERVICE ACCREDITATION

SECTION A




SECTION B

(1) The name of the non-emergency patient transport service and its street address:

(2) Date of expiry of current licence:

(3) Class of current licence:



Date:

__________________



55

SCHEDULE 7Regulations 25, 26, 27, 28, 29, 32

FEES

No.

Item Fee

1 Fee for application for approval in principle 126 fee units

2 Fee for variation or transfer of approval in principle

28 fee units

3 Fee for application for non-emergency patient transport licence0–9 vehicles10–19 vehicles20–29 vehicles30–39 vehicles40–49 vehicles50+ vehicles

48 fee units154 fee units250 fee units336 fee units441 fee units537 fee units

4 Surcharge per aircraft 10 fee units

5 Fee for variation of licence 82 fee units

6 Fee for renewal of licence0–9 vehicles10–19 vehicles20–29 vehicles30–39 vehicles40–49 vehicles50+ vehicles

48 fee units154 fee units250 fee units336 fee units441 fee units537 fee units

7 Fee for stand-by accreditation 33 fee units

__________________



56


EQUIPMENT AND SUPPLIES TO BE PROVIDED IN NON-EMERGENCY PATIENT TRANSPORT VEHICLES

INCLUDING AIRCRAFT USED TO TRANSPORT LOW ACUITY PATIENTS

Portable suction

Fixed oxygen supply

Fixed oxygen flowmeter

Suction catheter set

Sharps container

Personal protective equipment

Stethoscope

Urine bottle

Bedpan

Toilet paper

Drinking water

Emesis bags

Portable oxygen resuscitator capable of providing oxygen therapy

Spare portable oxygen bottles

Oxygen key wheel (if required)

Oxygen tubing and connectors

Oxygen masks/nasal cannula (adult and child)

Disposable gloves

Assortment of pads and bandages

Infectious waste bags

Eye pads



57

Linen to adequately service stretchers

Alcohol hand rub__________________



58

SCHEDULE 9Regulations 51 and 62


INCLUDING AIRCRAFT USED TO PROVIDE TRANSPORT FOR MEDIUM AND HIGH ACUITY PATIENTS

Portable suction

Fixed oxygen supply



Sharps container

Portable intravenous mounting equipment for stretcher

Intravenous cannulae and equipment

Intravenous fluids

Defibrillator (cardiac monitor if not incorporated in defibrillator)

Defibrillation pad set


Stethoscope

Urine bottle

Bedpan

Toilet paper

Drinking water



Oxygen bottle wheel (if required)

Oxygen tubing and connector

Oxygen masks/nasal cannula (adult and child)



59

Disposable gloves

Spare ECG electrodes



Eye pads

Sphygmomanometer (not mercury)

Emesis bags


Alcohol hand rub

Nebulisers and masks (adult and child) for use in accordance with a health services permit issued under section 19 of the Drugs, Poisons and Controlled Substances Act 1981.

__________________



60



INCLUDING AIRCRAFT USED BY NETS TO PROVIDE TRANSPORT FOR MEDIUM AND HIGH ACUITY PATIENTS

Portable suction

Fixed oxygen supply



Sharps container

Intravenous cannulae and equipment

Intravenous fluids


Stethoscope



Oxygen bottle wheel (if required)

Oxygen tubing and connector

Disposable gloves



Emesis bags


Alcohol hand rub__________________



61

SCHEDULE 11Regulations 64 and 65

INFRINGEMENT NOTICES AND PENALTIES

Infringement Offence Penalty

An offence against regulation 36(1) 2 penalty units



═══════════════



62

ENDNOTES

1. General InformationThe Non-Emergency Patient Transport Regulations 2005, S.R. No. 135/2005 were made on 8 November 2005 by the Governor in Council under section 64 of the Non-Emergency Patient Transport Act 2003, No. 69/2003 and came into operation as follows:

Regulations 1–18, 19(a)(c)–(g), 20–29, 30(2), 31–47, 48(1)–(4), 49, 50, 51(1)–(3)(5)(6), 52–65 and Schedules 1–11 on 1 February 2006: regulation 3(1); regulations 19(b) and 48(5) on 1 February 2007: regulation 3(2); regulation 30(1) on 1 September 2007: regulation 3(3); regulation 51(4) on 1 February 2009: regulation 3(4).

The Non-Emergency Patient Transport Regulations 2005 will sunset 10 years after the day of making on 8 November 2015 (see section 5 of the Subordinate Legislation Act 1994).

EndnotesPart 2—Classes of Non-emergency Patient Transport Services


63

2. Table of AmendmentsThis Version incorporates amendments made to the Non-Emergency Patient Transport Regulations 2005 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Non-Emergency Patient Transport Amendment Regulations 2010, S.R. No. 78/2010

Date of Making: 17.8.10Date of Commencement: 17.8.10

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



64

3. Explanatory Details



65

1 Reg. 4 def. of rural location: S.R. No. 19/2004.2 Reg. 7(c): S.R. No. 84/1999.

——Fee Units

These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2012, is $12.53. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Table of Applied, Adopted or Incorporated Matter

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 4Definition of AS/NZS 4535:1999

Definition of the clinical practice protocols

Definition of infection control guidelines

Australia/New Zealand Standard 4535:1999, Ambulance restraint systems, as published jointly by Standards Australia and Standards New Zealand on 5 February 1999.Clinical Practice Protocols Manual published by the Department of Human Services in September 2005.Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.

The whole

The whole

The whole




Regulation 24(1)(c) Clinical Practice Protocols Manual published by the Department of Human Services in September 2005.

The whole

Regulation 34(2) Australian/New Zealand Standard 7799.2.2003, Information Security Management, Part 2: Specification for information security management systems, as published jointly by Standards Australia/Standards New Zealand on 11 February 2003.

The whole

Regulation 36(1)(g) Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.

Part 15.3 Health care workers

Regulation 43(1) Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.

Part 1Part 28.2 Implementing an infection control program





Part 1 6.1 Clean technique and 7.2 Chemical disinfectants and sterilants

Regulation 48(1) and 48(2)(a)

Australia/New Zealand Standard 4535:1999, Ambulance restraint systems, as published jointly by Standards Australia and Standards New Zealand on 5 February 1999.

The whole

Regulation 48(1) Australia/New Zealand Standard on Child restraint systems for use in motor vehicles, AS/NZS 1754:2000 incorporating Amendment No. 1, published jointly by Standards Australia International and Standards New Zealand in April 2001.

The whole


Part 1Part 311.2 Surfaces

Regulation 55 Clinical Practice Protocols Manual published by the Department of Human Services in September 2005.

The whole

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