ORS 418.241: Licensing of secure transportation services providers; licensing exemptions; mandatory disclosures; rules.

(1) As used in this section: (a) “Certified foster home” means a foster home certified by the Department of Human Services and subject to ORS 418.625 to 418.645. (b) “Child-caring agency” has the meaning given that term under ORS 418.205. (c) “Developmental disabilities residential facility” means a residential facility or foster home for children who are 17 years of age or younger and receiving developmental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835. (d) “Secure escort” means escort services for a child who poses a risk of elopement or where restraint or seclusion may be utilized if the child poses a risk of injury to self or others, and as further defined by the department by rule. (e) “Secure nonemergency medical transportation provider” means a private organization or person that provides nonemergency medical secure transportation services subject to rules adopted by the Oregon Health Authority. (f) “Secure transportation” means the transport of a child in a vehicle specifically equipped to prevent a passenger from exiting, eloping or interfering with the operator of the vehicle, and as further defined by the department by rule. (g) “Secure transportation services” means the secure transportation or secure escort of children. (2) The department shall adopt rules consistent with this section for the issuance, under ORS 418.215 and 418.240, of licenses to provide secure transportation services to providers that are child-caring agencies solely as the result of providing secure transportation services as described in ORS 418.205 (2)(a)(B) and for the issuance of supplemental licenses to child-caring agencies described in ORS 418.205 (2)(a)(A) that also provide secure transportation services as described in ORS 418.205 (2)(a)(B). (3)(a) The following secure transportation services providers are exempt from the requirements under ORS 418.215 and 418.240 to obtain from the department a license or a supplemental license to provide secure transportation services: (A) A secure nonemergency medical transportation provider. (B) A child-caring agency that is licensed, certified or otherwise authorized by the department to provide or engage in the provision of care or services to children if: (i) The agency is not primarily engaged in the provision of secure transportation services; (ii) The child being transported or escorted resides in or is otherwise receiving services from the agency; and (iii) The transportation or escort is provided consistent with the rules adopted by the department under this section. (C) An ambulance service, as defined in ORS 682.025, that is transporting a child in an ambulance for the purpose of obtaining medical care for the child. (D) A developmental disabilities residential facility if: (i) The facility is not primarily engaged in the provision of secure transportation services; (ii) The child being transported or escorted resides in or is otherwise receiving services from the facility; and (iii) The transportation or escort is provided consistent with the rules adopted by the department under this section. (b) The licensing exemptions under paragraph (a)(B) and (D) of this subsection do not apply if the child-caring agency or developmental disabilities residential facility is transporting the child for the purposes of placing the child in a facility that is not licensed by the department or in a hospital that is not licensed by the authority. (4)(a) A secure transportation services provider, including a provider that is described in subsection (3) of this section, must display the disclosure described in ORS 418.359 (2) in a conspicuous location in any advertisements or promotional materials for its secure transportation services and in each vehicle it uses to provide its secure transportation services if: (A) The provider is not licensed by the department under ORS 418.215 or 418.240 to provide secure transportation services; and (B) The provider holds itself out as being an Oregon provider of secure transportation services, including by registering in this state the vehicles it uses in the provision of its secure transportation services or representing or otherwise indicating in advertisements or promotional materials that the provider is based in this state, maintains a mailing address in this state or is licensed, certified or otherwise authorized by the department or the authority to provide secure transportation services or similar services in this state. (b) The disclosure under paragraph (a) of this subsection must also indicate that the secure transportation services provider is not licensed by the department under ORS 418.215 or 418.240 to provide secure transportation services and, if applicable, the reason for the provider’s licensing exemption under subsection (3) of this section. (c) If a provider that is required to make a disclosure under this subsection is authorized by the authority to provide secure transportation services, the provider’s disclosure under this subsection may, consistent with rules adopted by the authority, also include a statement that the provider is authorized by the authority to provide secure transportation services. (5) The department and the authority may adopt rules for the provision of secure transportation services consistent with this section and ORS 418.205 to 418.327, 418.359 and 418.519 to 418.532. [2022 c.90 §14]