PRINTER'S NO. 4097

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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
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     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
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     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
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     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
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     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
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     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.


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