OAR 410-136-3100
Attendants for Child Transports


This rule applies to NEMT for children under 12 years of age who are eligible for NEMT services to and from OHP covered medical services. The rule also applies to children and young adults with special physical or developmental needs, regardless of age, hereafter referred to as “child” or “children.”


Parents or legal guardians must provide an attendant to accompany the children while traveling to and from medical appointments except when:


The driver is a DHS volunteer, DHS employee or an Authority employee;


The child requires secured transport per OAR 410-136-3120 (Secured Transports), Secured Transports; or


An ambulance subcontractor transports the child for NEMT services, and the brokerage reimburses the ambulance subcontractor at the ambulance transport rate.


Attendants are required for NEMT ambulance transports when the brokerage uses an ambulance to provide wheelchair or stretcher car or van rides.


DHS shall establish and administer written guidelines for children in the department’s custody, including written guidelines for volunteer drivers. If DHS’s requirements or administrative rules differ from this rule, DHS’s requirements or administrative rules take precedence.


An attendant may be the mother, father, stepmother, stepfather, grandparent or legal guardian of the child. The attendant also may be any adult the parent or legal guardian authorizes to be an attendant. An attendant also may be a brother, sister, stepbrother or stepsister of the child, as long as the attendant is at least 18 years of age, and the parent or legal guardian authorizes it.


Brokerages or their subcontractors may require the child’s parent or legal guardian to provide written authorization for an attendant other than themselves to accompany the child.


Brokerages or their subcontractors shall not bill additional charges for a child’s attendant.


The attendant must accompany the child from the pick-up location to the destination and on the return trip. The attendant must also remain with the child during their appointment. Another person shall not accompany the attendant unless the parent or legal guardian authorizes it or unless the other person is an eligible child traveling to the same location for a medical appointment.


The parent, guardian or adult caregiver for the child shall provide and install child safety seats as required by state law. The subcontractor shall not transport a child if a parent or legal guardian fails to provide a child safety seat that complies with state law.

Source: Rule 410-136-3100 — Attendants for Child Transports, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=410-136-3100.

Last Updated

Jun. 8, 2021

Rule 410-136-3100’s source at or​.us