PRINTER'S NO. 4097
No. 2991 Session of 1992
INTRODUCED BY PICCOLA, FARGO, LEH, NYCE, CARLSON, BUNT, BUSH, NOYE, KREBS, FAIRCHILD, HASAY, NICKOL, JAROLIN, S. H. SMITH, M. N. WRIGHT, DEMPSEY, LESCOVITZ, B. SMITH, CESSAR, JOHNSON, MELIO, KING, CLARK, SCHEETZ, BROWN, TRELLO, MERRY, SAURMAN, D. W. SNYDER, McCALL, GERLACH AND SERAFINI, NOVEMBER 16, 1992
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, NOVEMBER 16, 1992
AN ACT 1 Providing for paramedic and emergency medical technician 2 standards; implementing procedures for insuring competency; 3 providing programs for continuing medical education; 4 providing for certification and recertification and for 5 competency-based assessment; and making repeals. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Paramedic and 10 Emergency Medical Technician Standards Act. 11 Section 2. Definitions. 12 The following words and phrases when used in this act shall 13 have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Active status." A paramedic or emergency medical technician 16 with medical command, actively practicing and functioning as a 17 paramedic or emergency medical technician. 18 "Competency-based assessment." Evaluation of the mechanical,
1 technical, practical and assessment standards of skill, ability 2 and knowledge required by United States Department of 3 Transportation Emergency Medical Technician Paramedic National 4 Standard Curriculum, in the case of paramedics, the United 5 States Department of Transportation Emergency Medical Technician 6 National Standard Curriculum, in the case of emergency medical 7 technicians, and Department of Health regulations. 8 "Department." The Department of Health of the Commonwealth. 9 "Diagnosis." Recognizing emergencies, either medical or 10 trauma, through knowledge of signs and symptoms. 11 "Division." The Division of Emergency Medical Services in 12 the Department of Health. 13 "Emergency medical technician." An individual who is trained 14 to provide emergency medical services and is certified as such 15 by the Department of Health in accordance with United States 16 Department of Transportation Emergency Medical Technician 17 National Standard Curriculum and Department of Health 18 regulations. 19 "Medical command." Any voice order or medical protocol given 20 to a paramedic or emergency medical technician by an authorized 21 medical command physician. 22 "Medical command facility medical director." A physician 23 responsible for the medical direction and control of medical 24 command physicians at an accredited medical command facility. 25 "Medical command physician." A licensed physician approved 26 by the Department of Health to oversee and supervise 27 implementation of approved medical protocols, interventions and 28 practice of paramedic procedures. 29 "Medical protocols." Written prescribed emergency medical 30 procedures approved by the Department of Health. 19920H2991B4097 - 2 -
1 "Orders." Direct verbal or telephonic medical instructions 2 supervised and implemented by a medical command physician. 3 "Paramedic." An emergency medical technician trained to 4 provide advanced life support services in accordance with United 5 States Department of Transportation Emergency Medical Technician 6 Paramedic National Standard Curriculum and Department of Health 7 regulations. 8 "Practice of professional paramedicine." The services 9 performed in responding to the perceived needs of an individual 10 for immediate medical care in order to prevent loss of life or 11 aggravation of physiological or psychological illness or injury, 12 delivered in a prehospital, interhospital or hospital emergency 13 care setting. 14 "Treatment." The management of recognized emergencies 15 through selection and performance of measures, protocols and 16 execution of procedures prescribed by a medical command 17 physician. 18 Section 3. Certification and recertification. 19 (a) Paramedic and emergency medical technician 20 certification.--Paramedics and emergency medical technicians 21 shall be certified for a period of three years by the department 22 in accordance with United States Department of Transportation 23 Emergency Medical Technician Paramedic National Standard 24 Curriculum, in the case of paramedics, the United States 25 Department of Transportation Emergency Medical Technician 26 National Standard Curriculum, in the case of emergency medical 27 technicians, and department regulations. 28 (b) Recertification.-- 29 (1) Paramedics and emergency medical technicians shall 30 be recertified on active status by the department upon 19920H2991B4097 - 3 -
1 receipt of a competency-based assessment statement verified 2 by an approved medical command facility medical director. 3 Active status recertification shall be valid for a period of 4 three years. 5 (2) Any paramedic or emergency medical technician 6 certified under this act who fails to satisfy the 7 requirements for active status recertification shall be 8 automatically and involuntarily placed on inactive status. 9 Any paramedic or emergency medical technician certified under 10 this act may request application for inactive status. 11 Application for inactive status shall be completed and 12 returned to the department. Upon receipt of each application, 13 the applicant shall be maintained on inactive status 14 indefinitely and shall be entitled to apply for reactivation 15 to active status at any time. Any paramedic or emergency 16 medical technician who requests active status who has been in 17 inactive status for a period of more than six months shall, 18 prior to receiving active status, be issued a temporary 19 practice permit pending competency-based assessment approval. 20 (3) Any paramedic or emergency medical technician 21 certified under this act who is called to active military 22 service shall retain their certification unexpired during the 23 period within which they are on active military service. 24 (c) Temporary recertification.--A paramedic or emergency 25 medical technician may be granted temporary recertification for 26 a period not exceeding six months pending completion of 27 competency-based assessment requirements at the discretion of an 28 approved medical command physician. 29 Section 4. Competency-based assessment. 30 (a) Approval.--Paramedic and emergency medical technician 19920H2991B4097 - 4 -
1 recertification, temporary recertification or reciprocity shall 2 be accompanied by a competency-based assessment statement from 3 an approved medical command physician. Competency-based 4 assessment of paramedics shall include verification of not less 5 than 20 hours per year of accredited continuing medical 6 education and competency-based assessment of emergency medical 7 technicians shall include verification of not less than ten 8 hours per year of accredited continuing medical education. When, 9 upon request, a medical command physician does not approve a 10 competency-based assessment statement, he shall submit written 11 documentation to the department outlining the reasons for 12 refusing to issue a statement. 13 (b) Continuing medical education.--The department shall 14 establish and maintain procedures for evaluating and approving 15 continuing medical education programs utilized as criteria for 16 competency-based assessment. 17 (c) Appeal.--Any applicant who does not receive a 18 competency-based assessment statement may appeal to the 19 department for a competency evaluation hearing. 20 (d) Hearings.--All competency-based assessment evaluation 21 hearings shall be initiated within 60 days of the request and 22 resolved within 120 days. Witnesses as may be deemed necessary 23 to a resolution shall be allowed to testify, either in person, 24 by deposition or by affidavit. 25 (e) Disposition.--Upon conclusion of the hearing, the 26 department shall issue a certificate of renewal or a temporary 27 certificate or refuse to issue a certificate. 28 Section 5. Reciprocity and temporary practice permits. 29 (a) Reciprocity.--In order to obtain reciprocity to practice 30 and engage in professional paramedicine for a one-year period, a 19920H2991B4097 - 5 -
1 person who holds a current and valid license or certification 2 issued by any other state, territory or possession of the United 3 States or the Dominion of Canada, and who presents to the 4 department a competency-based assessment or its equivalent from 5 his most recent practice, may be issued by the department a 6 temporary practice permit which is nonrenewable and valid for a 7 period of one year, and during such additional period as the 8 department may in each case especially permit. The temporary 9 practice permit shall expire if the person fails to meet the 10 standards and requirements for certification provided under 11 section 3. Persons issued a temporary practice permit may be 12 granted inactive status by the department, and shall be governed 13 by the inactive status procedure when applying for active 14 status. Persons issued a temporary practice permit under this 15 subsection shall be required to be accompanied by an approved 16 active status paramedic. 17 (b) Temporary practice permit.-- 18 (1) In order for a paramedic or emergency medical 19 technician to practice and engage in professional 20 paramedicine for the one-year period from the completion of 21 his education program, the department may issue a temporary 22 practice permit, upon presenting to the department 23 verification of course completion and a statement of 24 competency-based assessment from an approved service medical 25 director where the paramedic or emergency medical technician 26 intends to practice. This permit shall be nonrenewable and 27 valid for a period of one year, and during such additional 28 period as the department may in each case especially permit, 29 except that the permit shall expire and terminate if the 30 person fails to meet the standards of the certification 19920H2991B4097 - 6 -
1 examination. Holders of temporary practice permits must be 2 accompanied by an approved active status paramedic until such 3 time as they pass the certification examination and obtain 4 active medical command status; or the permit expires or is 5 terminated. 6 (2) A temporary practice permit shall also be issued by 7 the department to any paramedic or emergency medical 8 technician who requests to return to active status from 9 inactive status. The permit shall remain valid for a period 10 of one year, or until medical command is received from an 11 approved service or medical director. Any paramedic or 12 emergency medical technician not receiving medical command 13 shall revert back to inactive status. Holders of temporary 14 practice permits, pending medical command, must be 15 accompanied by an approved active status paramedic. 16 Section 6. Director of Paramedic and Emergency Medical 17 Technician Affairs. 18 The department shall select and appoint a full-time Director 19 of Paramedic and Emergency Medical Technician Affairs, who shall 20 be a certified and an actively practicing paramedic in this 21 Commonwealth. 22 Section 7. Use of title by certified paramedics and emergency 23 medical technicians. 24 (a) Certified paramedics.--Any person who holds a 25 professional paramedic certificate in this Commonwealth shall 26 have the right to use the title "Certified Paramedic" and the 27 abbreviation "C.P.". No other person may engage in the practice 28 of professional paramedicine or use the title "Certified 29 Paramedic" or the abbreviation "C.P." to indicate that the 30 person is a certified paramedic. No person may sell or 19920H2991B4097 - 7 -
1 fraudulently obtain or fraudulently furnish any paramedic 2 diploma, certification, record of registration or aid or abet 3 therein. 4 (b) Certified emergency medical technician.--Any person who 5 holds an emergency medical technician certificate in this 6 Commonwealth shall have the right to use the title "Emergency 7 Medical Technician" and the abbreviation "E.M.T.". No other 8 person may engage in the practice of technical emergency 9 services or use the title "Emergency Medical Technician" or the 10 abbreviation "E.M.T." to indicate that the person is a certified 11 emergency medical technician. No person may sell or fraudulently 12 obtain or fraudulently furnish any emergency medical technician 13 diploma, certification, record of registration or aid or abet 14 therein. 15 Section 8. Applicability. 16 (a) Retroactivity.--The provisions of section 3, relating to 17 recertification, shall apply retroactively and be applicable to 18 all paramedics and emergency medical technicians certified in 19 Pennsylvania on the effective date of this act. 20 (b) Expired certification.--Paramedics and emergency medical 21 technicians whose certification expired after January 1, 1985, 22 shall be eligible to apply for inactive certification status in 23 accordance with the provisions of section 3(b)(2). 24 Section 9. Repeals. 25 All acts and parts of acts are repealed insofar as they are 26 inconsistent with this act. 27 Section 10. Effective date. 28 This act shall take effect in 60 days. I16L35SFG/19920H2991B4097 - 8 -