Non-Emergency Patient Transport Regulations 2005

Version No. 006

Non-Emergency Patient Transport Regulations 2005

S.R. No. 135/2005

Version incorporating amendments as at 17 August 2010

table of provisions

RegulationPage

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Definitions

Part 2—Classes of Non-emergency Patient Transport Services

Division 1—Classes of transport service

5Classes of transport service

Division 2—Transport of low acuity patients

6Definition

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

8Staffing of aeromedical services for transport of low acuity patients

Division 3—Transport of medium acuity patients

9Definition

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

11Staffing of aeromedical services for transport of medium acuity patients

Division 4—Transport of high acuity patients

12Definition

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

14Staffing of aeromedical services for transport of high acuity patients

Division 5—Transport of patients with a mental disorder

15Application

16Transport of patients

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

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

Part 3—Staffing of Non-emergency Patient Transport Services

19Qualifications for staff of non-emergency patient transport services

20Qualifications for staff of an aeromedical service

21Currency of qualifications

22Staff identification

23Standardisation of qualifications and experience

24Skills maintenance training

Part 4—Licensing

25Application for a licence

26Application for renewal of licence

27Application for variation of a licence

28Application for approval in principle

29Application for variation of approval in principle

30Quality accreditation

31Loss of quality accreditation

Part 5—Stand-by Services at Public Events

32Application for stand-by accreditation at public events

33Accreditation for stand-by services at public events

Part 6—Records

34Records to be kept

35Patient Care Records

36Staff records

37Records of an aeromedical service

Part 7—Patient Rights and Information

38Establishment of complaints register

39Contents of complaints register

40Contact details of a provider

41Provision of information brochure

42Content of information brochure

Part 8—Infection Control

43Infection control management plan

44Vehicles

45Linen

Part 9—Provision, Inspection and Maintenance
of Vehicles and Equipment

46Maintenance of vehicles and equipment

47Records of maintenance

48Restraints

49Interiors of road vehicles

50Exterior of vehicles and livery

51Equipment

52Communication devices

Part 10—General

53Licence to be prominently displayed

54Public and professional liability insurance

55Clinical practice protocols

Part 11—Aeromedical Services

56Report of breach of CASA requirements

57Aircraft equipment

58Configuration

59Stowage

60Loading

61Cabin

62Medical equipment

63Other equipment requirements

Part 12—Infringements

64Infringement notices

65Infringement penalties

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SCHEDULES

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

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

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

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

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

SCHEDULE 6—Application for Stand-by Service Accreditation

SCHEDULE 7—Fees

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

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

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

SCHEDULE 11—Infringement Notices and Penalties

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 006

Non-Emergency Patient Transport Regulations 2005

S.R. No. 135/2005

Version incorporating amendments as at 17 August 2010

Non-Emergency Patient Transport Regulations 2005

S.R. No. 135/2005

Part 1—Preliminary

1Objective

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.

2Authorising provision

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

3Commencement

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

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

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

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

4Definitions

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In these Regulations—

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

aeromedical servicemeans 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 4535:1999means 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 guidelinesmeans 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;

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;

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

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

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

(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;

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

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;

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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 2004[1];

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;

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

the clinical practice protocolsmeans 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;

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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

5Classes of transport service

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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

6Definition

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;

(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.

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

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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, 1patient 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 1999[2], 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.

8Staffing of aeromedical services for transport of low acuity patients

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

(a)1 pilot; and

(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 1patient transport officer.

Penalty:20 penalty units.

Division 3—Transport of medium acuity patients

9Definition

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

(iii)in cases where the patient has been pain-free for a period of not less than 2hours 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.

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

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(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.

Penalty:20 penalty units.

(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.

(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.

11Staffing of aeromedical services for transport of medium acuity patients

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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, 1ambulance transport attendant and 1patient transport officer.

Penalty:20 penalty units.

Division 4—Transport of high acuity patients

12Definition

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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

(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.

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

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(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

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

Penalty:20 penalty units.

(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 achieve the staffing requirements set out in 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.

(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.

14Staffing of aeromedical services for transport of high acuity patients

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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

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

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

Penalty:20 penalty units.

Division 5—Transport of patients with a mental disorder

15Application

(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.

16Transport of patients

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(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.

(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.

Penalty:20 penalty units.

17Staffing 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.

Penalty:20 penalty units.

(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 achieve the staffing requirements set out in subregulation (1).

(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.

(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.

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

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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