Advanced Search

Royal Decree 836 / 2012, Of 25 Of Mayo, By Which Is Set Them Features Technical, The Equipment Health And The Endowment Of Personal Of Them Vehicles Of Transport Health By Road.

Original Language Title: Real Decreto 836/2012, de 25 de mayo, por el que se establecen las características técnicas, el equipamiento sanitario y la dotación de personal de los vehículos de transporte sanitario por carretera.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Royal Decree 619/1998, of 17 April, came to establish the technical characteristics, the sanitary equipment and the staffing of the road health vehicles.

The time since their approval advises to review their content, in order to adapt the characteristics and conditions required for vehicles and personnel destined for health transport to technical progress and development of current training offers in the field of vocational training.

From the technical point of view, in the process of elaboration of this standard it has been taken into account that the Spanish Association of Standardization and Certification (AENOR), entity recognized as a standardization body of conformity with the provisions of Royal Decree 2200/1995, of 28 December, approving the Regulation of the Infrastructure for Quality and Industrial Security, approved the standard UNE-EN 1789:2007 + A1: 2010, Spanish version of the approved by the European Committee for Standardisation, in the field of health transport vehicles and their equipment. This standard has been published in the "Official State Gazette" by Resolution of 7 September 2010, of the Directorate-General for Industry, which publishes the relationship of UNE standards approved by AENOR during the month of July 2010.

From the formative point of view, this standard, in order to increase the level of qualification of the workers in the sector, has taken into account both the title of technical in health emergencies, regulated by Real Decree 1397/2007, of 29 October, establishing the title of Technical in Health Emergencies and establishing its minimum teaching, as the certificate of professionalism of sanitary transport, established by Royal Decree 710/2011, of 20 May, for which two certificates of professionalism of the professional family are established Health which is included in the National Directory of Professional Certificates.

On the other hand, it should be noted that this new rule constitutes, in its most part, basic legislation of the State dictated according to the title of competence referred to in Article 149.1.16. come to regulatory regulations to understand that this is a matter with a markedly technical character that makes it more suitable than its regulation by law, according to the doctrine of the Constitutional Court.

This royal decree has been submitted to the procedure for information in the field of technical standards and regulations, provided for in Royal Decree 1337/1999 of 31 July, which regulates the remission of information in the field of rules and technical regulations and regulations relating to the services of the information society and to Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the the subject of technical standards and regulations.

In its virtue, on the proposal of the Minister of Public Works and the Minister of Health, Social Services and Equality, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of May 25, 2012,

DISPONGO:

Article 1. Object.

This royal decree aims to establish the technical characteristics, the sanitary equipment and the staffing of the vehicles intended for the performance of road health transport services.

Article 2. Classes of road health vehicles.

The road health transport, as defined in Article 133 of the Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September, may be carried out by the The following categories of health transport vehicles:

1. Non-care ambulances, which are not put up for health care en route. This category of ambulances comprises the following two classes:

1.1 Class A1 ambulances, or conventional, intended for the transport of patients on a stretcher.

1.2 Class A2 ambulances, or collective transport, conditioned for the joint transport of patients whose removal is not of an urgent nature, nor are they suffering from infectious-contagious diseases.

2. Care ambulances, conditioned to allow technical-sanitary assistance en route. This category of ambulances comprises the following two classes:

2.1 Class B ambulances, intended to provide basic life support and initial healthcare.

2.2 Class C ambulances, intended to provide advanced life support.

Article 3. Characteristics of the vehicles.

1. All health vehicles, regardless of their class, must comply with the following requirements, without prejudice to the provisions of the legislation on traffic, motor vehicle traffic and road safety:

A) Identification and signaling.

(a) An external identification which makes it possible to distinguish clearly that it is an ambulance, by registering the word "Ambulance" behind and in front of it. The front inscription will be performed in reverse so that it can be read by reflection.

b) Light and acoustic signal of step preference adjusted to the provisions of the current regulations.

B) Required documents.

a) Registration of disinfections of the compartment and equipment.

b) Claims book.

C) Vehicle.

a) Vehicle with fiscal power, suspension and brake systems adapted to the current regulations for the transport of persons.

b) Previous and later fog lamps.

c) Stop flashing indicators.

d) Fire extinguishing, in accordance with the provisions of the current regulations.

e) Winter tyres, or in their absence chains for ice and snow, at least for the period between November and March, both included.

f) Tools for vehicle attention.

g) triangular signs of danger.

D) Healthcare cell.

a) translucent nails. In the case of vehicles of collective transport, they may opt for another device which will eventually ensure the patient's privacy.

b) Climatization and lighting independent of those in the driver's compartment.

c) Isothermic and soundproofing measures applied to the bodywork.

d) Indoor coatings of smooth walls and without cutting elements and non-slip soil, all of them waterproof, self-extinguishing, washable and resistant to the usual disinfectants.

e) Right side door and rear door with sufficient opening to allow easy patient access.

f) Armen for material, instruments and lingerie.

g) Unbreakable Cuna and Bottle.

2. In addition to the above requirements, each of the different ambulance classes must meet the conditions specified in the UNE-EN 1789:2007 + A1: 2010 standard.

Care ambulances must also have GPS tracking and data transmission devices with their Emergency Coordination Center (CCU).

The communication of the location of the vehicle with the relevant Traffic Management Centre shall be ensured at all times either by direct communication from the vehicle or from the vehicle centre.

The stretcher arrangement will be optional on the A2 class ambulances.

3. Without prejudice to the provisions of the above paragraphs, health vehicles shall comply with the requirements for the type-approval of vehicles established in accordance with Directive 2007 /46/EC of the European Parliament and of the European Parliament. Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, systems, components and separate technical units intended for such vehicles, as well as national legislation issued in Spain for transposition.

Article 4. Staffing.

1. Minimum requirements for vehicles:

Vehicles intended for the provision of health transport services must be provided with the following staffing:

(a) Non-care ambulances of classes A1 and A2 shall at least have a driver with at least the certificate of health transport professionalism provided for in Royal Decree 710/2011 of 20 May 2011. and, when required by the service type, another in helper functions with the same qualification.

(b) Class B aid ambulances must at least have a driver who is in possession of the title of technical training in health emergencies, provided for in Royal Decree 1397/2007 of 29 June 2007. October, or a corresponding approved or recognised foreign title and another in a helper function which holds at least the same degree.

(c) Class C care ambulances shall at least have a driver who is in possession of the professional training certificate of technical training in health emergencies referred to above or a corresponding foreign title. approved or recognized, with a nurse who holds the university degree of Diploma in Nursing or Degree of Degree to enable for the exercise of the regulated profession of nursing, or corresponding approved or recognized foreign title. In addition, where the assistance to be provided requires a doctor who is in possession of the university degree in medicine or a degree to which he is entitled for the exercise of the regulated profession of doctor, or corresponding foreign title approved or recognized.

2. Staffing in companies:

The minimum number of staff with which the company or entity will have to be counted in any event, in accordance with what the Ministers for Development and Health, Social Services and Equality will jointly determine for this purpose, shall belong to the template of the undertaking or entity holding the health transport authorisation, which must prove to be in a state of discharge and to the current payment in the quotas of the scheme corresponding to the social security scheme.

Additional disposition first. Sanctioning regime.

1. Failure to comply with the conditions of the approval of health transport shall be sanctioned in accordance with the provisions of Title V of Law 16/1987 of 30 July on the Management of Land Transport.

2. Failure to comply with the conditions of the technical-health certification shall be sanctioned in accordance with the provisions of Chapter VI of Title I of Law 14/1986 of 25 April, General of Health.

Additional provision second. Minimum conditions.

The technical requirements and conditions regulated in this royal decree and considered to be basic have the character of minimums, and can be improved by companies in the provision of services.

Likewise, the Administrations of the Autonomous Communities may require all other requirements and technical conditions to be appropriate in relation to the vehicles to be used by the companies with which they contract health transport services, as well as with the provision of staff to be counted.

Additional provision third. Vehicles from other States.

The provisions of this royal decree will not prevent the use in Spain of vehicles of sanitary transport manufactured or lawfully marketed in other EU Member States or legally manufactured in other States Member of the European Free Trade Association who are signatories to the Agreement on the European Economic Area, provided that the technical and health characteristics equivalent to those listed in Article 3 are guaranteed.

The provisions of the above paragraph shall also apply to health vehicles manufactured or lawfully placed on the market in a State having a Customs Association Agreement with the European Union, where the the agreement recognises those vehicles the same treatment as those manufactured or placed on the market in a Member State of the European Union.

Additional provision fourth. Official Transport of the Armed Forces.

What is established in this royal decree will not apply to the official health services carried out by the Armed Forces, which will be governed by their specific rules, which will be adjusted as their peculiar ones. The following characteristics shall be permitted under the general technical-health conditions.

Additional provision fifth. References to the UNE-EN 1789:2007 + A1: 2010 standard.

References to the UNE-EN 1789:2007 + A1: 2010 standard shall be construed as references to that other UNE standard which, if applicable, will replace it from its entry into force.

First transient disposition. Period of adaptation of the vehicles.

The fulfilment of the requirements set out in Article 3 of this royal decree for each of the classes of vehicles shall be compulsory from the two years after the entry into force of this royal decree.

Notwithstanding the foregoing, the companies or institutions that at the date of entry into force of this royal decree are holders of authorizations of sanitary transport referred to vehicles that do not meet the requirements foreseen in the Article 3 may continue to provide services with them for five years, without prejudice to the application of the two-year period, as provided for in the preceding paragraph, for new vehicles to be purchased.

After five years without the undertaking having carried out the adaptation of the vehicle to the requirements of this royal decree or its replacement by another person who satisfies them, that vehicle shall be excluded from the authorisation, the copy referred to in the case in which the registration is specified is cancelled.

Second transient disposition. Process of adapting personnel to new training requirements.

1. New creation vacancies and places:

As of the entry into force of this royal decree, drivers and helpers of new income in healthcare companies must possess the certificate of professionalism in sanitary transport or technical title in health emergencies as provided for in Article 4.

2. Enabling experienced workers who do not have the training required in Article 4:

People who have more than three years of work experience, in the last six years since the entry into force of this royal decree, carrying out the functions of the ambulance driver will be left to enabled as non-care ambulance drivers of class A1 and A2.

Likewise, drivers of class B and C aid ambulances will be allowed to provide drivers with a five-year work experience in the management of aid ambulances. Last eight years since the entry into force of this royal decree.

Individual certificates attesting to the rating assumptions provided for in this paragraph shall be issued by the autonomous communities subject to the procedure laid down in the provisions referred to in paragraph 1. Paragraph 4 shall be valid throughout the national territory.

3. Those who, at the entry into force of this royal decree, are providing services in posts affected by the provisions of Article 4 and do not meet the training requirements laid down therein, nor the professional experience provided for in the previous paragraph, may remain in their posts developing the same functions, without such reasons being able to be removed from them.

4. It is up to the autonomous communities, in respect of the approved health transport companies in their respective territorial areas, to adopt within two months of the entry into force of this royal decree, the necessary measures for the implementation, monitoring and development as provided for in paragraphs 1 and 2 above.

The public authorities, within the framework of the forecasts for vocational training, will promote and facilitate the training of workers in health transport companies, as provided for in this Directive. royal decree.

Single repeal provision. Regulatory repeal.

The Royal Decree 619/1998 of 17 April 1998 laying down the technical characteristics, the health equipment and the staffing of road health vehicles, and the number of others is hereby repealed. provisions of equal or lower rank are opposed to what was established in this royal decree.

Final disposition first. Amendment of the Regulation of the Land Transport Management Act.

1. Article 135 (1) of the Regulation on the Law on the Management of Land Transports, adopted by Royal Decree 1211/1990 of 28 September 1990, is amended, the content of which is worded as follows:

" 1. For the purpose of carrying out health transport, it is necessary to obtain the corresponding administrative authorisation, either for public transport or for private transport. For the purposes of control, the Administration shall issue a copy of that authorization relating to each of the vehicles which the undertaking intends to use under its protection, on the basis of the technical-health certification provided for in the previous article. "

2. The third paragraph of Article 137 (a) of the Regulation on the Law on the Management of Land Transports, adopted by Royal Decree 1211/1990 of 28 September 1990, is amended as follows: terms:

" 3. Provision of the minimum number of vehicles to be determined by the Order of the Minister of the Presidency, issued on a proposal from the Ministers for Development and Health, Social Services and Equality. That minimum shall in no case be greater than 10. '

Final disposition second. Competence title.

This royal decree is of a basic standard in accordance with the provisions of Article 149.1.16. of the Constitution, on the basis and general coordination of health, and Articles 2.1 and 40.7 of Law 14/1986, of 25 April, General Health.

Except for the foregoing, paragraphs (A), (B) and (C) of Article 3.1, dictated in accordance with Article 149.1.21. of the Constitution, on the traffic and movement of motor vehicles, while the characteristics envisaged These shall apply to all vehicles which are covered by public or private health transport authorisations granted by the General Administration of the State or by the Administrations of the Autonomous Communities in the use of powers. delegated by the State in accordance with the provisions of Article 16.1 of the Organic Law 5/1987, July 30.

Nor shall the third and fourth additional provisions of this royal decree, issued in accordance with Article 149.1.3. and 4. of the Constitution, be the basic rule.

Final disposition third. Regulatory enablement.

The Minister for Public Works and the Minister for Health, Social Services and Equality are empowered to adopt, in the field of their powers, by joint order the necessary provisions for the implementation and development of this royal decree, as well as to resolve the doubts raised in relation to its content.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 25 May 2012.

JOHN CARLOS R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON