PRINTER'S NO. 1074
No. 962 Session of 1991
INTRODUCED BY McNALLY, WOGAN, KRUSZEWSKI, KENNEY AND JAROLIN,
APRIL 2, 1991
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 2, 1991
AN ACT
1 Providing for professional paramedic standards; implementing
2 procedures for insuring competency; providing programs for
3 continuing medical education; providing for certification and
4 recertification; creating an advisory committee in the
5 Department of Health; providing for competency-based
6 assessment; and making repeals.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Professional
11 Paramedic Standards Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Active status." A paramedic with medical command, actively
17 practicing and functioning as a paramedic.
18 "Competency-based assessment." Evaluation of the mechanical,
19 technical, practical and assessment standards of skill, ability
1 and knowledge required by United States Department of
2 Transportation Emergency Medical Technician Paramedic National
3 Standards Curriculum and department regulations.
4 "Department." The Department of Health of the Commonwealth.
5 "Diagnosis." Recognizing emergencies, either medical or
6 trauma, through knowledge of signs and symptoms.
7 "Division." The Division of Emergency Medical Services in
8 the Department of Health.
9 "Medical command." Any voice order or medical protocol given
10 to a paramedic by an authorized medical command physician.
11 "Medical command facility medical director." A physician
12 responsible for the medical direction and control of medical
13 command physicians at an accredited medical command facility.
14 "Medical command physician." A licensed physician approved
15 by the Department of Health to oversee and supervise
16 implementation of approved medical protocols, interventions and
17 practice of paramedic procedures.
18 "Medical protocols." Written prescribed emergency medical
19 procedures approved by the Department of Health.
20 "Orders." Direct verbal or telephonic medical instructions
21 supervised and implemented by a medical command physician.
22 "Paramedic." An emergency medical technician trained to
23 provide advanced life support services in accordance with United
24 States Department of Transportation Emergency Medical Technician
25 Paramedic National Standards Curriculum and department
26 regulations.
27 "Practice of professional paramedicine." The services
28 performed in responding to the perceived needs of an individual
29 for immediate medical care in order to prevent loss of life or
30 aggravation of physiological or psychological illness or injury,
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1 delivered in a prehospital, interhospital or hospital emergency
2 care setting.
3 "Treatment." The management of recognized emergencies
4 through selection and performance of measures, protocols and
5 execution of procedures prescribed by a medical command
6 physician.
7 Section 3. Certification; recertification; active status;
8 inactive status; military status.
9 (a) Paramedic certification.--Paramedics shall be certified
10 for a period of three years by the department in accordance with
11 United States Department of Transportation Emergency Medical
12 Technician Paramedic National Standards Curriculum and
13 department regulations.
14 (b) Recertification.--
15 (1) Paramedics shall be recertified on active status by
16 the department upon receipt of a competency-based assessment
17 statement verified by an approved medical command facility
18 medical director. Active status recertification shall be
19 valid for a period of three years.
20 (2) Any paramedic certified under this act who fails to
21 satisfy the requirements for active status recertification
22 shall be automatically and involuntarily placed on inactive
23 status. Any paramedic certified under this act may request
24 application for inactive status. Application for inactive
25 status shall be completed and returned to the department.
26 Upon receipt of each application, the applicant shall be
27 maintained on inactive status indefinitely and shall be
28 entitled to apply for reactivation to active status at any
29 time. Any paramedic who requests active status who has been
30 in inactive status for a period of more than six months
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1 shall, prior to receiving active status, be issued a
2 temporary practice permit pending competency-based assessment
3 approval.
4 (3) Any paramedic certified under this act who is called
5 to active military service shall retain their certification
6 unexpired during the period within which they are on active
7 military service.
8 (c) Temporary recertification.--A paramedic may be granted
9 temporary recertification for a period not exceeding six months
10 pending completion of competency-based assessment requirements
11 at the discretion of an approved medical command physician.
12 Section 4. Competency-based assessment.
13 (a) Approval.--Paramedic recertification, temporary
14 recertification or reciprocity shall be accompanied by a
15 competency-based assessment statement from an approved medical
16 command physician. Competency-based assessment shall include
17 verification of not less than 24 nor more than 32 hours per year
18 of accredited continuing medical education. When, upon request,
19 a medical command physician does not approve a competency-based
20 assessment statement, he shall submit written documentation to
21 the department outlining the reasons for refusing to issue a
22 statement.
23 (b) Continuing medical education.--The department shall
24 establish and maintain procedures for evaluating and approving
25 continuing medical education programs utilized as criteria for
26 competency-based assessment.
27 (c) Appeal.--Any applicant who does not receive a
28 competency-based assessment statement may appeal to the
29 department for a competency evaluation hearing. Upon receipt of
30 an appeal for a competency evaluation hearing, the department
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1 shall grant a certification expiration extension until the
2 appeal is resolved.
3 (d) Hearings.--All competency-based assessment evaluation
4 hearings shall be initiated within 60 days of the request and
5 resolved within 120 days. Witnesses as may be deemed necessary
6 to a resolution shall be allowed to testify, either in person,
7 by deposition or by affidavit.
8 (e) Disposition.--Upon conclusion of the hearing, the
9 department shall issue a certificate of renewal or a temporary
10 certificate or refuse to issue a certificate.
11 Section 5. Reciprocity; temporary practice permits.
12 (a) Reciprocity.--In order to obtain reciprocity to practice
13 and engage in professional paramedicine for a one-year period, a
14 person who holds a current and valid license or certification
15 issued by any other state, territory or possession of the United
16 States or the Dominion of Canada, and who presents to the
17 department a competency-based assessment or its equivalent from
18 their most recent practice, may be issued by the department a
19 temporary practice permit which is nonrenewable and valid for a
20 period of one year, and during such additional period as the
21 department may in each case especially permit. The temporary
22 practice permit shall expire if the person fails to meet the
23 standards and requirements for certification provided for in
24 section 3. Persons issued a temporary practice permit may be
25 granted inactive status by the department, and shall be governed
26 by the inactive status procedure when applying for active
27 status. Persons issued a temporary practice permit under this
28 subsection shall be required to be accompanied by an approved
29 active status paramedic.
30 (b) Temporary practice permit.--
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1 (1) In order for a paramedic to practice and engage in
2 professional paramedicine for the one-year period from the
3 completion of their education program, the department may
4 issue a temporary practice permit, upon presenting to the
5 department verification of course completion and a statement
6 of competency-based assessment from an approved service
7 medical director where the paramedic intends to practice.
8 This permit shall be nonrenewable and valid for a period of
9 one year, and during such additional period as the department
10 may in each case especially permit, except that the permit
11 shall expire and terminate if such person fails to meet the
12 standards of the certification examination. Holders of
13 temporary practice permits must be accompanied by an approved
14 active status paramedic until such time as they pass the
15 certification examination and obtain active medical command
16 status; or the permit expires or is terminated.
17 (2) A temporary practice permit shall also be issued by
18 the department to any paramedic who requests to return to
19 active status from inactive status. The permit shall remain
20 valid for a period of one year, or until medical command is
21 received from an approved service or medical director. Any
22 paramedic not receiving medical command shall revert back to
23 inactive status. Holders of temporary practice permits,
24 pending medical command, must be accompanied by an approved
25 active status paramedic.
26 Section 6. Paramedic Advisory Committee.
27 (a) Advisory committee.--An advisory committee in the
28 Department of Health shall be appointed by the Secretary of
29 Health to formulate policy concerning professional paramedic
30 standards and continuing medical education programs and
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1 subjects.
2 (b) Committee members.--The committee shall consist of the
3 Director of Paramedic Affairs, one licensed physician of
4 emergency medicine recommended by the American College of
5 Emergency Physicians of Pennsylvania and five certified
6 paramedics, all of whom shall be actively practicing paramedics
7 in Pennsylvania for five years immediately preceding their
8 appointment, and recommended by the Pennsylvania Paramedic
9 Association.
10 (c) Director of Paramedic Affairs.--The department shall
11 select and appoint a full-time Director of Paramedic Affairs,
12 who shall be a certified and an actively practicing paramedic in
13 this Commonwealth.
14 (d) Terms.--The term of a committee member shall be three
15 years or until a successor has been qualified and appointed, but
16 not longer than six months beyond the three-year term. No member
17 shall be eligible for appointment to serve more than two
18 consecutive terms. In the event that a member dies, resigns or
19 otherwise becomes disqualified during the member's term, the
20 member's successor shall be appointed in the same way and with
21 the same qualifications and shall hold office for the unexpired
22 term.
23 (e) Quorum.--A majority of the members of the committee
24 shall constitute a quorum. A committee member may not be counted
25 as part of a quorum or vote on any recommendation unless the
26 member is physically in attendance at the meeting. A majority
27 vote is necessary to make official committee recommendations to
28 the Secretary of Health. The committee shall select a
29 chairperson annually from among its five appointed paramedic
30 members.
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1 (f) Expenses.--Each member of the committee, when actually
2 attending to the work of the committee, shall receive the amount
3 of reasonable traveling, hotel or motel and other necessary
4 expenses incurred in the performance of the duties as a
5 committee member.
6 (g) Attendance.--A member of the committee who fails to
7 attend three consecutive meetings shall forfeit their seat
8 unless the committee chairperson upon written request from the
9 member finds that the member is excused from a meeting or
10 meetings because of illness or death of a family member.
11 (h) Educational advisors.--The department shall select and
12 appoint one or more full-time educational advisors and one or
13 more full-time practice advisors, all of whom shall be licensed
14 and actively practicing paramedics and who shall serve in
15 addition to the Paramedic Advisory Committee members but not as
16 committee members.
17 Section 7. Certified paramedic; use of title.
18 Any person who holds a professional paramedic certificate in
19 this Commonwealth shall have the right to use the title
20 "Certified Paramedic" and the abbreviation "C.P.". No other
21 person shall engage in the practice of professional paramedicine
22 or use the title "Certified Paramedic" or the abbreviation
23 "C.P." to indicate that the person is a certified paramedic. No
24 person shall sell or fraudulently obtain or fraudulently furnish
25 any paramedic diploma, certification, record of registration or
26 aid or abet therein.
27 Section 8. Applicability.
28 (a) Retroactivity.--The provisions of section 3, relating to
29 recertification, shall apply retroactively and be applicable to
30 all paramedics certified in Pennsylvania on the effective date
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1 of this act.
2 (b) Expired certification.--Paramedics whose certification
3 expired after January 1, 1985, shall be eligible to apply for
4 inactive certification status in accordance with the provisions
5 of section 3(b)(2).
6 Section 9. Repeals.
7 All acts and parts of acts are repealed insofar as they are
8 inconsistent with this act.
9 Section 10. Effective date.
10 This act shall take effect in 60 days.
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