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A01857
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1341
Session of
2017
INTRODUCED BY PYLE, MILLARD, PICKETT, CAUSER, NEILSON, IRVIN,
HEFFLEY, BOBACK, ZIMMERMAN, DeLUCA, WHEELAND, FARRY AND
GABLER, MAY 5, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 5, 2017
AN ACT
Amending the act of July 7, 2008 (P.L.654, No.55), entitled "An
act providing for bituminous coal mines; and making a
repeal," in emergency medical personnel, further providing
for definitions, for emergency medical personnel, for
regulations, for continuing training, for certification and
for liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 601, 602, 603, 605, 607 and 608 of the
act of July 7, 2008 (P.L.654, No.55), known as the Bituminous
Coal Mine Safety Act, are amended to read:
Section 601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advanced emergency medical technician." A coal mine
employee who is certified by the Department of Health as an
advanced emergency medical technician.
"Emergency medical responder." A coal mine employee who
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complies with all of the following:
(1) Has been certified by the Department of Health as an
emergency medical responder.
(2) Has successfully completed all of the following
courses of additional training of the type approved by the
Department of Health for emergency medical technicians:
(i) Patient assessment in the areas of splinting,
extremity manual, rigid and soft vacuum.
(ii) Spine care in the areas of:
(A) restricting spinal motion, helmet removal
and stabilization; and
(B) devices to restrict spinal motion.
(3) Has successfully completed any additional courses
required by regulation of the board.
"Emergency medical technician." A coal mine employee [who
has successfully completed the course on emergency first aid
care and transportation of the sick and injured recommended by
the American Academy of Orthopedic Surgeons or an equivalent
organization and] who has been certified by the Department of
Health [to provide] as an emergency [care] medical technician.
"[Emergency medical technician paramedic] Paramedic." An
individual who has been certified by the Department of Health
[to provide emergency medical treatment] as a paramedic.
Section 602. Emergency medical personnel.
Emergency medical personnel shall be employed at every mine
as follows:
(1) At least one emergency medical responder or ,
emergency medical technician or advanced emergency medical
technician shall be on duty at any time when miners at that
mine are engaged in the extraction, production or preparation
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of coal. Emergency medical responders or , emergency medical
technicians or advanced emergency medical technicians shall
be on duty at a mine in sufficient numbers to assure that no
miner shall work in a mine location which cannot be reached
in 30 minutes by an emergency medical responder or , an
emergency medical technician or an advanced emergency medical
technician. Emergency medical responders or , emergency
medical technicians or advanced emergency medical technicians
shall be employed at their regular duties at locations
convenient for quick response to emergencies and shall have
available to them at all times necessary equipment in
compliance with Federal regulations.
(2) Telephone services or the equivalent facilities
shall be installed which shall provide two-way voice
communications between the emergency medical responder or ,
the emergency medical technician or the advanced emergency
medical technician at the mine and medical personnel outside
or away from the mine who provide emergency medical services
on a regular basis.
(3) Operators shall make adequate provisions so that at
least one [emergency medical technician] paramedic,
registered nurse, physician or physician assistant is
available to provide care at a mine at any time that
individuals are engaged in extraction, production or
preparation of coal. Emergency medical personnel under this
paragraph shall be on call to reach the entrance of the mine
within 30 minutes.
[Section 603. Regulations for training and certification.
The Department of Health shall promulgate regulations to
train and certify emergency medical technicians and emergency
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medical technician paramedics.
Section 605. Continuing training.
The department, after consultation with the Department of
Health regarding the content of instruction courses, shall
provide for necessary training on a continuing basis of
emergency medical technicians and emergency medical technician
paramedics in sufficient numbers to satisfy the requirements of
this chapter.]
Section 607. Certification.
The Department of Health shall promulgate regulations to
prescribe procedures necessary to certify emergency medical
responders, emergency medical technicians, advanced emergency
medical technicians and [emergency medical technician]
paramedics and consult with the department as may be required
under this chapter.
Section 608. Liability.
(a) Physicians.--
(1) Except as set forth in paragraph (2), a physician
who in good faith gives instructions to [a certified] an
emergency medical responder, an emergency medical technician
[or emergency medical technician], an advanced emergency
medical technician , a paramedic, a registered nurse or a
physician assistant shall not be liable for civil damages as
a result of issuing the instructions.
(2) Paragraph (1) does not apply where the actions
constitute gross negligence, reckless misconduct or
intentional misconduct.
(b) Other medical personnel.--
(1) Except as set forth in paragraph (2), [a certified]
an emergency medical responder, an emergency medical
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technician, [emergency medical technician] an advanced
emergency medical technician , a paramedic, a registered nurse
or a physician assistant who in good faith attempts to render
emergency care to a sick or injured individual in or about a
mine shall not be liable for civil damages as a result of any
acts or omissions.
(2) Paragraph (1) does not apply where the actions
constitute gross negligence, reckless misconduct or
intentional misconduct.
Section 2. This act shall take effect in 60 days.
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