44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC SAFETY; PROVIDING FOR CERTIFICATION OF WHEELCHAIR LIFT OPERATORS; PROVIDING FOR SAFETY TRAINING PROGRAMS FOR EMPLOYEES WHO ASSIST WHEELCHAIR-BOUND CLIENTS OR PATIENTS; PROVIDING POWERS AND DUTIES; PRESCRIBING ADMINISTRATIVE PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. HEALTH FACILITIES--WHEELCHAIR SAFETY AND CERTIFICATION PROGRAMS--DEPARTMENT OF HEALTH POWERS AND DUTIES.--

A. As used in this section:

(1) "department" means the department of health;

(2) "employee" includes a contractor; and

(3) "health facility" means any public hospital, profit or nonprofit private hospital, general or special hospital, outpatient facility, maternity home or shelter, adult daycare facility, nursing home, intermediate care facility, boarding home not under the control of an institution of higher learning, child-care center, shelter- care home, diagnostic and treatment center, rehabilitation center, infirmary or health service organization operating as a free-standing hospice or a home health agency.

B. All health facilities shall provide wheelchair safety training to employees who assist wheelchair-bound clients or patients. All health facility employees who operate wheelchair lifts shall be certified.

C. The department shall develop wheelchair safety training and certification programs for health facility employees. The wheelchair safety training program and wheelchair lift operator certification training shall be conducted by each health facility, but certification shall be provided by the department. Employees seeking certification as wheelchair lift operators must pass a test provided by the department. The department shall provide certification testing in the most convenient, efficient and cost-effective manner possible and may provide for certification tests at local health facilities or at state-owned or -operated health facilities around the state.

D. The department may assess an administrative penalty against a health facility of up to five thousand dollars ($5,000) per occurrence if the department finds that the health facility allowed an employee to assist a wheelchair-bound client or patient without having been trained in wheelchair safety or allowed an employee to operate a wheelchair lift without certification. The department shall promulgate rules governing notice and the conduct of hearings for the assessment of administrative penalties pursuant to this section. Appeals may be taken as provided in Section 39-3-1.1 NMSA 1978.

Section 2. TRANSPORTATION COMPANIES--WHEELCHAIR SAFETY TRAINING AND CERTIFICATION PROGRAMS--PUBLIC REGULATION COMMISSION POWERS AND DUTIES.--

A. As used in this section:

(1) "commission" means the public regulation commission;

(2) "employee" includes a contractor; and

(3) "transportation company" means any public or private entity that provides transportation for disabled persons, including municipal transit agencies and senior citizen centers.

B. All transportation companies that use wheelchair lifts shall provide wheelchair safety training for all employees who assist wheelchair-bound passengers and certification programs for employees who operate wheelchair lifts.

C. The commission, in consultation with the department of health, shall develop wheelchair safety training and certification programs for transportation company employees. The wheelchair safety training program and wheelchair lift operator certification training shall be conducted by each transportation company, but testing and certification of wheelchair lift operators shall be provided by the commission. The commission may request the assistance of the department of health in certification testing to ensure that it is conducted in the most convenient, efficient and cost-effective manner possible.

D. The commission may assess an administrative penalty against a transportation company of up to five thousand dollars ($5,000) per occurrence if the commission finds that the transportation company allowed an employee to assist a wheelchair-bound passenger without having been trained in wheelchair safety or allowed an employee to operate a wheelchair lift without certification. The procedures for assessing an administrative penalty pursuant to this section shall be the same as those provided by commission rule for assessing other administrative penalties. Appeals may be taken as provided in Section 39-3-1.1 NMSA 1978.