Transportation Safety Devices

(1) A transportation safety device necessary for the safety of the individual during transportation shall not be deemed a restraint, or a health-related support or protective equipment for purposes of 115 CMR 5.11 and 5.12. (2) Transportation safety devices are permitted during and limited to transportation of the individual. For purposes of 115 CMR 5.13, "transportation" includes temporary stops during transportation where the individual remains in or near the transporting vehicle. (3) Use of a transportation safety device, other than the use of standard passenger safety devices (for example, seat belts), shall be the least restrictive method of ensuring passenger safety during transportation, and shall not be used for staff convenience. The specific method of transportation safety device shall be determined on an individualized basis and shall be included in the individual's ISP. Any use of a transportation safety device not approved as part of an ISP shall be reported in accordance with 115 CMR 13.00: Incident Reporting, and with 115 CMR 9.00: Investigation and Reporting Responsibilities, if the reporter has reasonable cause to believe such use meets a criterion identified in 115 CMR 9.05(1) through (3).