Uniform Transportation Standards

Sections 574.045a and a-1 of the Texas Health and Safety Code describe who may transport a patient committed or detained to a designated mental health facility. In accordance with 574.0455(b), HHSC encourages HHSC-funded contractors to follow the following uniform standards for transportation service providers.

Drivers must:

  • Be at least 19 years old.
  • Hold a valid driver's license issued by the state of Texas.
  • Undergo a criminal background check and not have been convicted or received a deferred or probated sentence for any crime, which includes any sexual offense, drug-related offense, homicide, theft, assault, battery or a crime involving personal injury or threat to another person.
  • Ensure passengers are protected from harm, abuse, self-abuse, neglect, sexual incidents, serious injuries and other sources of immediate danger.
  • Be able to provide emergency care or have an established plan to get emergency care.
  • Be trained in effective communication skills with people who have mental illness.
  • Recognize and plan for challenging behaviors in a therapeutic and safe manner.
  • Know the statutes and standards for transporting patients.
  • Transport patients in a vehicle that:
    • Has a current, valid Texas registration sticker.
    • Is well maintained and in good mechanical condition.
    • Must have a working air conditioner, heater and chemical-type fire extinguisher that can hold at least one quart and is in the same compartment of the vehicle as the driver.

Contractors must:

  • Ensure all drivers and vehicles meet the criteria above.
  • Ensure all drivers complete Mental Health First Aid training or a similar program before they can transport patients to designated mental health facilities.
  • Ensure their vehicles have a safety partition between the driver's and passenger areas.
  • Equip the vehicle with safety locks to keep a patient from exiting a moving car.
  • Equip the vehicle or driver with a two-way radio or cellular phone that works during the entire transport period.
  • Provide drivers with vehicles that meet the standards below if transporting patients in wheelchairs. Vehicles must have:
    • An electrical or hydraulically operated lift mechanism or ramp with a non-skid surface.
    • A means of securing a wheelchair to the inside of the vehicle to prevent any lateral, forward, backward or vertical motion of the wheelchair within the vehicle.
    • A rear-view mirror that lets the driver see any passenger in a wheelchair.
    • An emergency exit at the back of the vehicle.

Drivers and contractors must know the rights and safety issues related to transporting psychiatric patients. Patients have the right to:

  • Be transported in a way that protects the dignity and safety of the person.
  • Not be physically restrained except in accordance with Sections 574.045(g) and (l) of the Texas Health and Safety Code, and Title 26, Texas Administrative Code, Chapter 320, Subchapter C. A patient cannot be restrained during transport without a physician's order. If it's reasonably expected that a patient will require emergency medication or might need to be restrained, a registered nurse must be present during the transport.
  • Be provided nutrition and hydration, use of a bathroom and necessary medical care.