THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HENNESSEY, GROVE, ADOLPH, BAKER, BOBACK, B. BOYLE, R. BROWN, CLYMER, D. COSTA, CREIGHTON, DAY, DeLUCA, FARRY, GEIST, GILLESPIE, GINGRICH, GODSHALL, HACKETT, HAHN, HANNA, HARHART, HARPER, HARRIS, HESS, KAMPF, KAUFFMAN, F. KELLER, W. KELLER, KNOWLES, KOTIK, MAHONEY, MARSICO, MILLARD, MILLER, MILNE, MOUL, MURT, NEUMAN, O'NEILL, PAYNE, PEIFER, PICKETT, PYLE, QUIGLEY, RAPP, READSHAW, REICHLEY, ROCK, SAYLOR, SCAVELLO, CULVER, STEVENSON, SWANGER, TAYLOR, TOBASH, TOEPEL, VEREB, VULAKOVICH, WATSON, YOUNGBLOOD AND BARBIN, NOVEMBER 30, 2011

AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 8, 2012   

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in the emergency medical services

system, further providing for emergency medical services

providers and for certification sanctions; and providing for

a felony conviction policy with a penalty.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8113(i) of Title 35 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 8113.  Emergency medical services providers.

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(i)  Reports of convictions, discipline and exclusions.--

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(5)  Intentional failure of an applicant to disclose the

information required in this subsection shall be grounds for

an automatic disqualification from denial or revocation of

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certification under section 8121(a)(2) and (b).

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Section 2.  Section 8121(a)(5), (14), (18) and (20) and (18) 

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of Title 35 are amended and the section is amended by adding a

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paragraph to read:

§ 8121.  Certification sanctions.

(a)  Grounds for discipline.--The department may discipline

an EMS provider or applicant for EMS provider certification for

any of the following reasons:

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(5)  [The rendering of services while under the influence

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of alcohol or illegal drugs or the knowing abuse of legal

drugs.] Being unable to practice the profession with

reasonable skill and safety to patients by reason of illness;

addiction to drugs or alcohol; conviction of a felony under

the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act; or

conviction of a felony relating to a controlled substance in

another jurisdiction. An applicant's statement on the

application declaring the absence of a conviction shall be

deemed satisfactory evidence of the absence of a conviction

unless the department has some evidence to the contrary. In

(5)  The rendering of services while under the influence

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of alcohol or illegal drugs or the knowing abuse of legal

drugs[.] or being unable to practice the profession with

reasonable skill and safety to patients by reason of illness,

addiction to drugs or alcohol.

(i)  In enforcing this paragraph, the department

shall, upon probable cause, have authority to compel a

provider to submit to a mental or physical examination by

a physician approved by the department.

(ii)  Failure of a an applicant or EMS provider to

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submit to the examination, unless failure is due to

circumstances beyond the applicant's or EMS provider's 

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control, shall constitute an admission of the allegations

against the applicant or EMS provider. A

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(iii)  An applicant or EMSA provider affected under

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this paragraph shall at reasonable intervals, as set by

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the department, be afforded an opportunity to demonstrate

that the individual's ability to commence or resume a

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competent practice of the profession with reasonable

skill and safety to patients.

(iv)  The burden of proof shall be on the applicant

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or EMS provider by clear and convincing evidence.

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(14)  [Conviction of] Being sentenced in any jurisdiction

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for:

(i)  a felony[, a crime]; or

(ii)  a misdemeanor related to the [practice of the

EMS provider or a crime involving moral turpitude. For

the purposes of this paragraph, a conviction includes a

judgment of guilt, a plea of guilty or a plea of nolo

contendere] emergency medical services profession.

(14)  Conviction of a felony, a crime related to the

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practice of the EMS provider or a crime involving moral

turpitude.

(i)  For the purposes of this paragraph, a conviction

includes a judgment of guilt, a plea of guilty or a plea

of nolo contendere, receiving probation without verdict

or disposition in lieu of trial, in the courts of this

Commonwealth, a Federal court or a court of any other

state, the District of Columbia, territory or country.

(ii)  An applicant's statement on the application

declaring the absence of a conviction shall be deemed

satisfactory evidence of the absence of a conviction

unless the department has some evidence to the contrary.

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(18)  [Violating or aiding or abetting another person to

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violate a duty imposed under] Knowingly:

(i)  maintaining a professional connection or

association with a person that is in violation of this

chapter[,] or a regulation promulgated under this chapter

[or an order of the department previously entered in a

disciplinary proceeding]; or

(ii)  aiding, assisting, procuring or advising an

unlicensed person to practice a profession contrary to

this chapter or a regulation promulgated under this

chapter.

(18)  Violating or aiding or abetting another person to

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violate a duty imposed under this chapter, a regulation

promulgated under this chapter or an order of the department

previously entered in a disciplinary proceeding.

(i)  for purposes of this paragraph, a violation

includes maintaining a professional connection or

association with a person that is in violation of this

chapter or a regulation promulgated under this chapter;

or

(ii)  aiding, assisting, procuring or advising an

unlicensed person to practice a profession contrary to

this chapter or a regulation promulgated under this

chapter.

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(20)  [Any other reason as determined by the department

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which poses a threat to the health and safety of the public.]  

Committing immoral or unprofessional conduct.

(21)  Committing immoral or unprofessional conduct.

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(i)  This paragraph includes failing to conform to an

ethical or quality standard of the profession.

(A)  The ethical standards of a profession are

those ethical tenets which are embraced by the

professional community in this Commonwealth.

(B)  A provider or applicant fails to conform to

a quality standard of the profession if the provider

or applicant provides a medical service at a level

beneath the accepted standard of care. The department

may promulgate regulations which define the accepted

standard of care. If the department does not

promulgate an applicable regulation, the accepted

standard of care for a provider is that which would

be normally exercised by the average professional of

the same kind in this Commonwealth under the

circumstances, including locality.

(ii)  In a proceeding under this paragraph, actual

injury to a patient need not be established.

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Section 3.  Title 35 is amended by adding a section to read:

§ 8143.  Felony conviction policy.

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(a)  Application.--Except as set forth in subsection (f), an

individual seeking certification as an emergency medical

services provider must apply to the department using forms

prescribed by the department and must submit to the department

fingerprints and other necessary information in order to obtain

the material under 18 Pa.C.S. Ch. 91 (relating to criminal

history record information).

(b)  Review.--Except as set forth in subsection (f), upon

receipt of fingerprints and other necessary information under

subsection (a), the department shall acquire and review the

criminal history of the applicant and may interview the

applicant. If the department determines that the applicant meets

the requirements of this chapter and regulations promulgated

under this chapter, it shall issue certification to the

applicant, subject to the following:

(1)  The department shall deny certification to an

applicant convicted of any of the following crimes:

(i)  A felony involving sexual misconduct where the

victim's failure to affirmatively consent is an element

of the crime, such as forcible rape.

(ii)  A felony involving the sexual or physical abuse

of a child or of an elderly or infirm person, such as

sexual misconduct with a child, sexual exploitation of a

child, making or distributing child pornography, incest

involving a child or assault on an elderly or infirm

person.

(iii)  A crime in which the victim is an out-of-

hospital patient or a patient or resident of a health

care facility, such as abuse, neglect or theft from or

financial exploitation of a person entrusted to the care

or protection of the applicant.

(2)  Except as set forth in paragraph (3), the department

shall deny certification to an applicant convicted of the

following crimes:

(i)  a crime for which the applicant is currently

incarcerated, on work release, on probation or on parole;

(ii)  a crime in any the following categories, unless

at least five years have passed since the later of the

applicant's conviction or release from custodial

confinement:

(A)  A serious crime of violence against a

person, such as assault with a dangerous or deadly

weapon, aggravated assault, murder or attempted

murder, manslaughter, other than involuntary

manslaughter, kidnapping, robbery of any degree or

arson.

(B)  A crime involving a controlled substance or

designer drug, including unlawful possession or

distribution of, or intent to unlawfully possess or

distribute, a controlled substance in Schedules I,

II, III, IV and V of the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

(C)  A serious crime involving property, such as

arson, burglary, embezzlement or insurance fraud.

(D)  A crime involving sexual misconduct.

(3)  In extraordinary circumstances, certification

granted under paragraph (2) may be granted only if the

applicant establishes by clear and convincing evidence that

certification will not jeopardize public health and safety.

The department may decide:

(i)  the extraordinary circumstances on a case-by-

case basis; and

(ii)  that certification must be based on clear and

convincing evidence that public health and safety will

not be jeopardized.

(c)  Validity.--Certificates issued under this section shall

be valid for a period as determined by the department and may be

renewed after reconsideration, which may include an interview,

if the holder meets the requirements under the regulations of

the department. The department may decertify any emergency

medical services provider if it determines that the person no

longer meets the qualifications prescribed for certification.

(d)  Confidentiality.--Information obtained under subsection

(b) shall be confidential and shall not be disclosed under any

circumstances except:

(1)  the department may release any subsequent criminal

history when properly requested; and

(2)  all information that has been forwarded to the

department under this section shall be reviewed with the

individual seeking certification under this section upon the

individual's request.

(e)  Costs.--Costs associated with obtaining criminal history

under this section from the Pennsylvania State Police and the

Federal Bureau of Investigation shall be borne by the applicant. 

(f)  Exception.--Subsections (a) and (b) shall not apply to

an individual who meets all of the following:

(1)  Is presently employed as a law enforcement officer

in this Commonwealth.

(2)  Was subject to review of criminal history at the

time employment under paragraph (1) began.

(3)  At the time of review under paragraph (2), no items

described under subsection (b)(1) appeared as part of the

individual's criminal history.

(g)  Penalty.--An individual seeking certification under this

section who knowingly provides false, incomplete or inaccurate

criminal history or who otherwise knowingly violates the

provisions of this section commits a felony of the third degree.

§ 8143.  Conviction policy.

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(a)  Application.--Except as set forth in subsection (f), an

individual seeking certification as an emergency medical

services provider shall submit with the application for EMS

provider certification the following information obtained within

the preceding six months:

(1)  Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal

history record information), a report of criminal history

record information from the Pennsylvania State Police or a

statement from the Pennsylvania State Police that their

central repository contains no such information relating to

that person. The criminal history record information shall be

limited to that which is disseminated pursuant to 18 Pa.C.S.

§ 9121(b)(2) (relating to general regulations).

(2)  Where the individual is not, and for the two years

immediately preceding the date of application has not been, a

resident of this Commonwealth, the individual shall submit

with the application for EMS provider certification a report

of Federal criminal history record information pursuant to

the Federal Bureau of Investigation's appropriation under the

Departments of State, Justice, and Commerce, the Judiciary,

and Related Agencies Appropriation Act, 1973 (Public Law

92-544, 86 Stat. 1109), as amended. The department shall be

the intermediary for the purposes of this paragraph. For the

purposes of this paragraph, the individual shall submit a

full set of fingerprints to the Pennsylvania State Police,

which shall forward them to the Federal Bureau of

Investigation for a national criminal history record check.

The information obtained from the criminal record check shall

be used by the department to determine the individual's

eligibility.

(b)  Review.--Except as set forth in subsection (f), upon

receipt of fingerprints and other necessary information under

subsection (a), the department shall acquire and review the

criminal history of the applicant and may interview the

applicant. If the department determines that the applicant meets

the requirements of this chapter and regulations promulgated

under this chapter, it shall issue certification to the

applicant, subject to the following:

(1)  The department shall deny certification to an

applicant convicted of any of the following crimes or their

equivalents, unless at least ten years have passed since the

later of the applicant's conviction or release from

incarceration, custodial confinement, work release,

intermediate punishment, registration, parole or probationary

supervision:

(i)  A conviction under 18 Pa.C.S. Ch. 25 (relating

to criminal homicide), except for involuntary

manslaughter.

(ii)  A conviction under 18 Pa.C.S. Ch. 26 (relating

to crimes against an unborn child).

(iii)  A felony under 18 Pa.C.S. § 2713 (relating to

neglect of a care-dependent person).

(iv)  A felony under 18 Pa.C.S. Ch. 31 (relating to

sexual offenses).

(v)  A conviction under 18 Pa.C.S. § 4302 (relating

to incest).

(vi)  A felony under 18 Pa.C.S. Ch. 63 (relating to

minors).

(vii)  A conviction resulting in the mandatory

sentencing provisions of 42 Pa.C.S. § 9717 (relating to

sentences for offenses against elderly persons).

(viii)  A conviction resulting in the mandatory

sentencing provisions of 42 Pa.C.S. § 9718 (relating to

sentences for offenses against infant persons).

(ix)  A conviction resulting in the registration

provisions of 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders).

(x)  A felony under 75 Pa.C.S. Ch. 37 Subch. B

(relating to serious traffic offenses).

(xi)  A conviction under 18 Pa.C.S. § 901 (relating

to criminal attempt), 902 (relating to criminal

solicitation) or 903 (relating to criminal conspiracy)

for any of the convictions under this paragraph.

(2)  The department shall deny certification to an

applicant convicted of the following crimes or their

equivalents, unless at least five years have passed since the

later of the applicant's conviction or release from

incarceration, custodial confinement, work release,

intermediate punishment, registration, parole or probationary

supervision:

(i)  18 Pa.C.S. § 2504 (relating to involuntary

manslaughter).

(ii)  A felony involving 18 Pa.C.S. Ch. 27 (relating

to assault), except 18 Pa.C.S. § 2713 (relating to

neglect of a care-dependent person).

(iii)  A felony under 18 Pa.C.S. Ch. 29 (relating to

kidnapping).

(iv)  A misdemeanor under 18 Pa.C.S. Ch. 31 (relating

to sexual offenses).

(v)  A felony under 18 Pa.C.S. Ch. 33 (relating to

arson, criminal mischief and other property destruction).

(vi)  A felony under 18 Pa.C.S. Ch. 35 (relating to

burglary and other criminal intrusion).

(vii)  A felony under 18 Pa.C.S. Ch. 37 (relating to

robbery).

(viii)  A felony under 18 Pa.C.S. Ch. 39 (relating to

theft and related offenses).

(ix)  A felony under 18 Pa.C.S. Ch. 41 (relating to

forgery and fraudulent practices).

(x)  A felony under the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

(xi)  A conviction under 75 Pa.C.S. Ch. 38 (relating

to driving after imbibing alcohol or utilizing drugs)

when the conviction is the applicant's third or greater

conviction in a ten-year period under that chapter.

(xii)  A conviction under 18 Pa.C.S. § 901, 902 or

903 for any of the convictions under this paragraph.

(3)  The department shall deny certification to an

applicant who is not barred from certification under

paragraph (1) or (2) of this section if the applicant is

currently incarcerated, under custodial confinement, on work

release, participating in a county or State intermediate

punishment program, subject to registration requirements, on

parole or probation.

(4)  The department shall deny certification to an

applicant who has been convicted of 18 Pa.C.S. § 3301

(relating to arson and related offenses).

(5)  Nothing in this subsection shall be construed to

require the department to certify an individual who is not

barred from certification under paragraphs (1), (2) and (3)

if the department finds that the individual has committed

other violations under this chapter.

(6)  An applicant that is denied certification pursuant

to paragraph (5) shall be afforded rights in accordance with

section 8157 (relating to adjudications and judicial review).

(c)  Validity.--Certificates issued under this section shall

be valid for a period as determined by the department and may be

renewed after reconsideration, which may include an interview,

if the EMS provider meets the requirements of this chapter and

the regulations promulgated under this chapter by the

department. The department may revoke, suspend or otherwise

limit the certification of any EMS provider if it determines

that the person no longer meets the qualifications prescribed

for certification. Any EMS provider whose certification is

revoked, suspended or otherwise limited under this subsection

shall be afforded rights in accordance with section 8157.

(d)  Confidentiality.--Information obtained under subsection

(b) shall be confidential and shall not be disclosed under any

circumstances except:

(1)  The department may release any subsequent criminal

history pursuant to an order of a court of competent

jurisdiction, including a subpoena when it constitutes a

court order, except that disclosure pursuant to a subpoena

shall not be permitted as to information in the report that

is of such nature that disclosure pursuant to a subpoena is

not otherwise authorized by law.

(2)  All information that has been forwarded to the

department under this section shall be reviewed with the

individual seeking certification under this section upon the

individual's request.

(e)  Costs.--Costs associated with obtaining criminal history

under this section from the Pennsylvania State Police and the

Federal Bureau of Investigation shall be borne by the applicant. 

(f)  Exception.--Subsections (a) and (b) shall not apply to

an individual who meets all of the following:

(1)  Is presently employed as a law enforcement officer

in this Commonwealth.

(2)  Was subject to review of criminal history at the

time employment under paragraph (1) began.

(3)  At the time of review under paragraph (2), no items

described under subsection (b) appeared as part of the

individual's criminal history.

(4)  The individual shall have the burden of proof by

clear and convincing evidence that the individual has

satisfied the requirements of paragraphs (1), (2) and (3).

(5)  Nothing in this subsection shall be construed to

limit the department's authority to take action against an

individual for a violation of another provision under this

chapter.

(g)  Penalty.--An individual seeking certification under this

section who knowingly provides false, incomplete or inaccurate

criminal history or who otherwise knowingly violates the

provisions of this section commits a felony of the third degree.

(h)  Application.--In addition to all future applicants, this

section shall also apply to current applicants who are still in

the process of trying to obtain any type of EMS certification

from the department.

Section 4.  This act shall take effect in 60 days.