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A07756
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2058
Session of
2015
INTRODUCED BY FARRY, DiGIROLAMO, WATSON, BARRAR, PETRI, TOPPER,
CALTAGIRONE, VEREB, STAATS, CORBIN, MILLARD, HARHAI,
A. HARRIS, D. COSTA, SCHLOSSBERG, ZIMMERMAN, WARD, D. PARKER,
WHITE, DeLUCA, O'NEILL, MUSTIO, GODSHALL, KNOWLES AND
R. BROWN, MAY 11, 2016
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 11, 2016
AN ACT
Amending Titles 35 (Health and Safety) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in emergency medical services system, further
providing for duties of department and for first aid and
other safety services; and, in governance of the system,
further providing for criminal laboratory user fee.
This act shall be referred to as the Officer Brian Steven
Gregg law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 8105(b)(11) and 8137 of Title 35 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 8105. Duties of department.
* * *
(b) Authority.--The department shall be the lead agency for
EMS in this Commonwealth. The department is authorized to:
* * *
(11) Promulgate regulations to establish standards and
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criteria for EMS systems and services.
* * *
§ 8137. First aid and other [safety] services.
(a) Purpose.--An EMS agency may provide EMS at industrial
sites, amusement parks or other locations in need of the
service. No ambulance or other EMS vehicle shall be required for
this purpose.
(b) Staffing.--The minimum staffing requirement is one EMS
provider.
(c) Other requirements.--As assigned by the EMS agency, the
EMS provider may provide EMS and other medical safety services
up to the level for which the EMS provider has the credentials
to provide EMS for the EMS agency.
(c.1) Blood draw services.--A paramedic may provide
assistance to law enforcement upon request to perform a legal
blood draw on behalf of the agency from persons suspected of
violating 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while
operating privilege is suspended or revoked), 3735 (relating to
homicide by vehicle while driving under influence), 3735.1
(relating to aggravated assault by vehicle while driving under
the influence), 3802 (relating to driving under influence of
alcohol or controlled substance) or 3808(a)(2) (relating to
illegally operating a motor vehicle not equipped with ignition
interlock). Services provided under this subsection shall be
considered to be within the paramedic's scope of practice. An
agency vehicle may be utilized to provide the services under
this subsection if the agency has implemented policies to ensure
that EMS will not be unavailable when an ambulance is needed for
a 911 dispatch. An agency may enter into an agreement with law
enforcement to provide blood draw services under this
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subsection. It shall be permissible for a court to allow a law
enforcement officer who witnessed the blood draw to testify as
to the chain of custody in place of the paramedic who drew the
blood.
(d) Protocols.--An EMS provider shall follow protocols
approved by the department when providing EMS or any other
services under this section.
Section 2. Section 1725.3 of Title 42 is amended to read:
§ 1725.3. Criminal laboratory and paramedic user fee.
(a) Imposition.--A person who is placed on probation without
verdict pursuant to section 17 of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or who receives Accelerated
Rehabilitative Disposition or who pleads guilty to or nolo
contendere to or who is convicted of a crime as defined in 18
Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. §
1543(b)(1.1) (relating to driving while operating privilege is
suspended or revoked) or 3802 (relating to driving under
influence of alcohol or controlled substance) or 3735 (relating
to homicide by vehicle while driving under influence) or 3735.1
(relating to aggravated assault while driving under the
influence) or 3808(a)(2) (relating to illegally operating a
motor vehicle not equipped with ignition interlock) or a
violation of The Controlled Substance, Drug, Device and Cosmetic
Act shall, in addition to any fines, penalties or costs, in
every case where laboratory services were required to prosecute
the crime or violation, be sentenced to pay a criminal
laboratory or paramedic user fee which shall include, but not be
limited to, the cost of sending a laboratory technician or
paramedic to court proceedings.
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(b) Amount of user fee.--
(1) The director or similar officer of the county
laboratory or emergency medical services agency that has
provided services in the prosecution shall determine the
actual cost of the laboratory or paramedic services provided
in the prosecution and transmit a statement for services
rendered to the court.
(2) If a Pennsylvania State Police laboratory has
provided services in the prosecution, the director or similar
officer of the Pennsylvania State Police laboratory shall
determine the actual cost of the laboratory services provided
in the prosecution and transmit a statement for services
rendered to the court.
(c) Disposition of fees.--
(1) The criminal laboratory user fee for criminal
laboratory services provided by a county shall be paid to the
county and shall be used solely for operation and maintenance
of the county laboratory. The criminal laboratory user fee
for criminal laboratory services provided by the Pennsylvania
State Police laboratory shall be paid into the Criminal
Laboratory User Fee Fund created under paragraph (2).
(2) A special nonlapsing fund of the State Treasury is
hereby established and shall be known as the Criminal
Laboratory User Fee Fund. Money in the Criminal Laboratory
User Fee Fund is hereby appropriated to the Pennsylvania
State Police and shall be used solely for operation and
maintenance of Pennsylvania State Police criminal
laboratories.
(3) The paramedic user fee for laboratory services
provided by a paramedic shall be paid to the emergency
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medical services agency and shall be used solely for the
provision of criminal laboratory services.
(d) Other laws.--The criminal laboratory and paramedic user
fee shall be imposed notwithstanding any other provision of law
to the contrary.
Section 3. This act shall take effect as follows:
(1) The following shall take effect in 90 days:
(i) The addition of 35 Pa.C.S. § 8137(c.1).
(ii) The amendment of 42 Pa.C.S. § 1725.3.
(2) The remainder of this act shall take effect
immediately.
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