SENATE AMENDED
PRIOR PRINTER'S NOS. 1651, 2743, 2954 PRINTER'S NO. 3747
No. 1474 Session of 1993
INTRODUCED BY PETRONE, BEBKO-JONES, MELIO, TRELLO, JAROLIN,
LAUB, CESSAR, CURRY, J. TAYLOR, BELFANTI, D. W. SNYDER,
ARMSTRONG, COY, BROWN, DEMPSEY, FAJT, GIGLIOTTI, JAMES,
KENNEY, LAUGHLIN, McGEEHAN, O'BRIEN, LaGROTTA, VAN HORNE,
VEON, KASUNIC, E. Z. TAYLOR, ROBINSON, WOGAN, PERZEL, OLASZ,
DeLUCA, HUGHES, DONATUCCI, TULLI, PISTELLA, WILLIAMS, CIVERA,
RITTER, MURPHY, REBER, GODSHALL AND WAUGH, MAY 3, 1993
SENATOR PETERSON, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
AMENDED, MAY 23, 1994
AN ACT
1 Amending the act of July 3, 1985 (P.L.164, No.45), entitled "An
2 act relating to the prevention and reduction of premature
3 death and disability in this Commonwealth; providing for
4 assistance, coordination and support of the development and
5 maintenance of a comprehensive emergency medical services
6 system and for qualifications, eligibility and certification
7 of emergency medical services personnel and licensing
8 ambulance services; imposing powers and duties on the
9 Department of Health; and making repeals," further providing
10 for certification of emergency medical technicians and EMT- <--
11 paramedics; adding definitions; and abrogating regulations.
12 AND RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL; <--
13 ADDING AND AMENDING CERTAIN DEFINITIONS; AND PROVIDING FOR
14 LIABILITY, FOR SUSPENSION AND REVOCATION, FOR ADVANCED LIFE
15 SUPPORT SERVICE AND COMMONWEALTH MEDICAL DIRECTORS, FOR
16 PURPOSES OF THE OPERATING FUND AND FOR REGULATIONS.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section THE DEFINITION OF "HEALTH PROFESSIONAL" <--
20 IN SECTION 3 of the act of July 3, 1985 (P.L.164, No.45), known
21 as the Emergency Medical Services Act, is amended AND THE <--
1 SECTION IS AMENDED by adding definitions to read:
2 Section 3. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 * * *
7 "Advanced life support service medical director." A <--
8 physician licensed in this Commonwealth who is a medical command
9 physician, approved by the Department of Health, or meets
10 certain requirements as promulgated by the Department of Health.
11 * * *
12 "Commonwealth medical director." A physician selected and
13 approved by the Department of Health to advise on matters
14 pertaining to emergency medical services, and to insure the
15 competency of the entire Statewide emergency medical services
16 system.
17 * * *
18 "Service director." A director or administrator who is
19 responsible for the supervision, management, direction and
20 control of an ambulance service, a quick response service or a
21 nontransport emergency care service and its personnel and who
22 insures compliance with the provisions of section 12 and the
23 regional emergency medical services medical plan.
24 * * *
25 Section 2. Section 11(b) and (d) of the act are amended to
26 read:
27 Section 11. Emergency medical services personnel.
28 * * *
29 (b) Certification of emergency medical technician.--
30 (1) The department shall certify any person as an
19930H1474B3747 - 2 -
1 emergency medical technician who:
2 [(1)] (i) Has completed a basic training program for
3 emergency medical technicians approved by the department,
4 which program follows in accordance with the current
5 national standard curriculum for emergency medical
6 technicians as set forth in the rules and regulations
7 promulgated by the department.
8 [(2)] (ii) Has taken and successfully passed a written
9 examination prescribed by the department.
10 [(3)] (iii) Has taken and successfully passed a
11 practical test of emergency medical technician skills
12 prescribed by the department.
13 [(4)] (iv) Is at least 16 years of age.
14 (2) A person who meets the requirements of this
15 subsection shall be certified as an emergency medical
16 technician within this Commonwealth for a period of three
17 years, subject to decertification, for demonstrated cause, by
18 the department.
19 (i) A person certified as an emergency medical
20 technician shall be recertified by participation in a
21 department-approved continuing education and training
22 program or shall have the option to take a department-
23 approved recertification and practical skills
24 examination. The department, upon consultation with the
25 council, shall review and update continuing education and
26 training programs not less than biennially.
27 (ii) The department shall promulgate rules and
28 regulations governing the decertification of emergency
29 medical technicians.
30 (3) Notwithstanding the provisions of the act of July
19930H1474B3747 - 3 -
1 20, 1974 (P.L.551, No.190), known as the Medical Practice Act
2 of 1974, or the provisions of any act to the contrary, any
3 person with a valid certification from the department as an
4 emergency medical technician may, in the case of an
5 emergency, perform those duties as deemed appropriate by the
6 department in accordance with rules and regulations
7 promulgated under this act.
8 * * *
9 (d) Certification of EMT-paramedic.--
10 (1) The department shall certify a person as an EMT-
11 paramedic, provided the person meets the requirements of
12 subsection (c) and:
13 [(1)] (i) Completes a training course for EMT-paramedics
14 approved by the department, which course follows in
15 accordance with the current national standard curriculum
16 for emergency medical technician-paramedics as set forth
17 in the rules and regulations promulgated by the
18 department.
19 [(2)] (ii) Is verified as having demonstrated competency
20 in all required skills.
21 [(3)] (iii) Takes and passes a written examination for
22 EMT-paramedics prescribed by the department.
23 (2) A person who initially meets the requirements of
24 paragraph (1) shall be considered permanently certified as an
25 EMT-paramedic within this Commonwealth, subject to
26 decertification, for demonstrated cause, by the department.
27 (i) The advanced life support service medical
28 director shall have continued authority to grant or deny
29 medical command authorization to practice as an EMT-
30 paramedic. The advanced life support service medical
19930H1474B3747 - 4 -
1 director shall base a decision on whether to grant or
2 deny medical command authorization upon demonstrated
3 competency in knowledge and skills by an EMT-paramedic as
4 defined in the department's emergency medical services
5 training manual. The department, upon consultation with
6 the council, shall review and update the emergency
7 medical services training manual not less than
8 biennially. A person denied medical command authorization
9 to practice as an EMT-paramedic shall have the right to
10 appeal the decision to the regional medical director, the
11 Commonwealth medical director and finally to the
12 department for disposition.
13 (ii) The department shall promulgate rules and
14 regulations governing decertification of EMT-paramedics.
15 (3) Notwithstanding the provisions of the Medical
16 Practice Act of 1974, or the provisions of any other act to
17 the contrary, any person with a valid certification from the
18 department as an EMT-paramedic may, in the case of an
19 emergency, perform those duties as deemed appropriate by the
20 department in accordance with rules and regulations
21 promulgated under this act.
22 * * *
23 Section 3. The act is amended by adding a section to read:
24 Section 11.1. Suspension, revocation or refusal of department
25 certification.
26 (a) General rule.--The department may suspend, revoke or
27 refuse to issue or renew the certification of EMS personnel upon
28 complaint and investigation for the following reasons:
29 (1) Demonstrated incompetence or inability to provide
30 adequate services.
19930H1474B3747 - 5 -
1 (2) Deceptive or fraudulent procurement of certification
2 credentials.
3 (3) Willful or negligent practice beyond the scope of
4 certification authorization.
5 (4) Abuse or abandonment of a patient.
6 (5) The rendering of services while under the influence
7 of alcohol or drugs.
8 (6) The operation of an emergency vehicle in a reckless
9 manner or while under the influence of drugs or alcohol.
10 (7) Unauthorized disclosure of medical or other
11 confidential information.
12 (8) Willful preparation or filing of false medical
13 reports or records, or the inducement of others to do so.
14 (9) Destruction of medical records.
15 (10) Refusal to render medical emergency care because of
16 a patient's race, sex, creed, national origin, sexual
17 preference, age, handicap, medical problem or financial
18 inability to pay.
19 (11) Failure to comply with regional EMS council
20 protocols.
21 (12) Failure to comply with ambulance trip reporting
22 requirements.
23 (13) Failure to complete continuing education
24 requirements prescribed by the department.
25 (14) Conviction of a felony or crime involving moral
26 turpitude. Conviction includes a judicial finding or verdict
27 of guilt, a plea of guilty or a plea of nolo contendere.
28 (15) Intentional failure to complete details on a
29 patient's medical record.
30 (16) Misuse or misappropriation of drugs or medication
19930H1474B3747 - 6 -
1 from an ambulance.
2 (17) Other reasons as determined by the department which
3 pose a potential threat to the health and safety of the
4 public.
5 (18) Failure to comply with skill maintenance
6 requirements established by the department.
7 (b) Suspension term.--A suspension shall remain in effect
8 for a definite period of time, not to exceed three years. If a
9 suspension period extends beyond the expiration date of the
10 certification, the individual may not apply for recertification
11 until the full suspension period has expired.
12 (c) Revocation period.--A revocation shall remain in effect
13 for a definite period of time, not less than three years nor
14 more than six years. Following the period during which the
15 certification has been revoked, the individual may apply for
16 recertification.
17 (d) Appeal.--A revocation or suspension of certification may
18 be appealed under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
19 and procedure of Commonwealth agencies) and 2 Pa.C.S. Ch. 7
20 Subch. A (relating to judicial review of Commonwealth agency
21 action).
22 Section 4. The provisions of 28 Pa. Code §§ 1003.23(b)(3)
23 (relating to certification requirements) and 1003.24(d)
24 (relating to recertification requirements) are abrogated.
25 Section 5. In the event after one year of the effective date
26 of section 11(b)(2)(i) of the act no private providers offer or
27 meet the Department of Health's requirements for continuing
28 education and training programs, the department shall have an
29 additional year to create and implement continuing education and
30 training programs.
19930H1474B3747 - 7 -
1 Section 6. This act shall take effect July 1, 1994.
2 "ADVANCED LIFE SUPPORT SERVICE MEDICAL DIRECTOR." A MEDICAL <--
3 COMMAND PHYSICIAN OR A PHYSICIAN MEETING EQUIVALENT
4 QUALIFICATIONS, AS ESTABLISHED BY THE DEPARTMENT OF HEALTH BY
5 REGULATION, WHO IS EMPLOYED BY, CONTRACTS WITH OR VOLUNTEERS
6 WITH, EITHER DIRECTLY OR THROUGH AN INTERMEDIARY, AN ADVANCED
7 LIFE SUPPORT SERVICE TO PROVIDE MEDICAL GUIDANCE AND ADVICE TO
8 THE AMBULANCE SERVICE AND TO EVALUATE THE QUALITY OF PATIENT
9 CARE PROVIDED BY THE EMERGENCY MEDICAL SERVICES PERSONNEL
10 UTILIZED BY THE AMBULANCE SERVICE.
11 * * *
12 "COMMONWEALTH EMERGENCY MEDICAL DIRECTOR." A MEDICAL COMMAND
13 PHYSICIAN OR A PHYSICIAN MEETING EQUIVALENT QUALIFICATIONS, AS
14 ESTABLISHED BY THE DEPARTMENT OF HEALTH BY REGULATION AND
15 APPROVED BY THE DEPARTMENT OF HEALTH TO ADVISE, FORMULATE AND
16 DIRECT POLICY ON MATTERS PERTAINING TO EMERGENCY MEDICAL
17 SERVICES.
18 * * *
19 "EMERGENCY MEDICAL SERVICES TRAINING MANUAL." A MANUAL
20 ADOPTED BY THE DEPARTMENT OF HEALTH TO AID ADVANCED LIFE SUPPORT
21 SERVICE MEDICAL DIRECTORS IN DETERMINING WHETHER EMT-PARAMEDICS
22 AND PREHOSPITAL REGISTERED NURSES HAVE DEMONSTRATED COMPETENCY
23 IN THE KNOWLEDGE AND SKILLS NECESSARY TO BE GRANTED OR MAINTAIN
24 MEDICAL COMMAND AUTHORIZATION.
25 * * *
26 "FIRST RESPONDER." AN INDIVIDUAL WHO IS CERTIFIED BY THE
27 DEPARTMENT OF HEALTH AS A FIRST RESPONDER.
28 * * *
29 "HEALTH PROFESSIONAL." A LICENSED PHYSICIAN [OR PROFESSIONAL
30 REGISTERED NURSE] WHO HAS EDUCATION AND CONTINUING EDUCATION IN
19930H1474B3747 - 8 -
1 ADVANCED LIFE SUPPORT AND PREHOSPITAL CARE OR A PREHOSPITAL
2 REGISTERED NURSE.
3 * * *
4 "PREHOSPITAL REGISTERED NURSE." A PROFESSIONAL REGISTERED
5 NURSE WHO HAS THE KNOWLEDGE AND SKILLS TO PROVIDE ADVANCED LIFE
6 SUPPORT SERVICES AND IS RECOGNIZED AS SUCH BY THE DEPARTMENT OF
7 HEALTH.
8 * * *
9 SECTION 2. SECTIONS 11 AND 12(G) OF THE ACT ARE AMENDED TO
10 READ:
11 SECTION 11. EMERGENCY MEDICAL SERVICES PERSONNEL.
12 (A) EDUCATION.--THE DEPARTMENT SHALL ASSIST, ENCOURAGE AND
13 COORDINATE THE EDUCATION OF FIRST RESPONDERS, EMERGENCY MEDICAL
14 TECHNICIANS AND EMT-PARAMEDICS, WHO SHALL BE CERTIFIED BY THE
15 DEPARTMENT UPON SUCCESSFUL COMPLETION OF COURSES OF INSTRUCTION
16 RECOGNIZED BY THE DEPARTMENT AND WRITTEN AND PRACTICAL SKILL
17 EXAMINATIONS ADMINISTERED BY THE DEPARTMENT OR ITS DESIGNEES.
18 (1) THE DEPARTMENT SHALL DEVELOP STANDARDS IN THE FORM
19 OF RULES AND REGULATIONS FOR THE ACCREDITATION OF APPROPRIATE
20 EDUCATIONAL INSTITUTES AND SHALL BE EMPOWERED TO RECOGNIZE
21 SUCH INSTITUTES AS MEETING SUCH STANDARDS.
22 (2) [EMERGENCY] FIRST RESPONDER, EMERGENCY MEDICAL
23 TECHNICIAN AND EMT-PARAMEDIC STUDENTS ENROLLED IN COURSES
24 RECOGNIZED BY THE DEPARTMENT SHALL BE SUBJECT TO THE
25 APPROPRIATE LIABILITY EXEMPTIONS LISTED IN THIS SECTION, AS
26 SHALL PARTICIPATING INSTITUTES, ORGANIZATIONS AND FACILITIES
27 PURSUANT TO THE PROVISIONS OF SUBSECTION (J)(3).
28 (A.1) CERTIFICATION OF FIRST RESPONDERS.--
29 (1) A FIRST RESPONDER PERFORMS BASIC LIFE SUPPORT
30 ACTIVITIES, AS AUTHORIZED BY THE DEPARTMENT OF HEALTH, TO
19930H1474B3747 - 9 -
1 STABILIZE AND IMPROVE A PATIENT'S CONDITION IN A PREHOSPITAL
2 SETTING UNTIL MORE HIGHLY TRAINED EMERGENCY MEDICAL SERVICES
3 PERSONNEL ARRIVE AT THE SCENE.
4 (2) THE DEPARTMENT SHALL CERTIFY ANY PERSON AS A FIRST
5 RESPONDER WHO:
6 (I) COMPLETES AN APPLICATION ON A FORM PRESCRIBED BY
7 THE DEPARTMENT.
8 (II) IS AT LEAST 16 YEARS OF AGE.
9 (III) SUCCESSFULLY COMPLETES A FIRST RESPONDER
10 TRAINING COURSE APPROVED BY THE DEPARTMENT.
11 (IV) HAS TAKEN AND SUCCESSFULLY PASSED A WRITTEN
12 EXAMINATION PRESCRIBED BY THE DEPARTMENT.
13 (V) HAS TAKEN AND SUCCESSFULLY PASSED A PRACTICAL
14 TEST OF FIRST RESPONDER SKILLS PRESCRIBED BY THE
15 DEPARTMENT.
16 (3) A CERTIFICATION IS VALID FOR A PERIOD OF THREE
17 YEARS, SUBJECT TO DISCIPLINARY ACTION PURSUANT TO SUBSECTION
18 (J.1). THE DEPARTMENT SHALL RECERTIFY AS A FIRST RESPONDER AN
19 INDIVIDUAL WHO COMPLIES WITH ALL OF THE FOLLOWING:
20 (I) COMPLETES AN APPLICATION ON A FORM PRESCRIBED BY
21 THE DEPARTMENT.
22 (II) IS OR WAS PREVIOUSLY CERTIFIED AS A FIRST
23 RESPONDER.
24 (III) SUCCESSFULLY COMPLETES:
25 (A) A FIRST RESPONDER PRACTICAL SKILLS AND
26 WRITTEN KNOWLEDGE EXAMINATION PRESCRIBED BY THE
27 DEPARTMENT; OR
28 (B) A CONTINUING EDUCATION PROGRAM FOR FIRST
29 RESPONDERS APPROVED OR RECOGNIZED BY THE DEPARTMENT.
30 (IV) THE DEPARTMENT, IN CONSULTATION WITH THE STATE
19930H1474B3747 - 10 -
1 ADVISORY COUNCIL, SHALL REVIEW AND UPDATE CONTINUING
2 EDUCATION PROGRAMS NOT LESS THAN BIENNIALLY.
3 (4) A PERSON WHO HAS RECEIVED CERTIFICATION AS A FIRST
4 RESPONDER PURSUANT TO THE VOLUNTARY FIRST RESPONDER
5 CERTIFICATION PROGRAM CONDUCTED BY THE DEPARTMENT PRIOR TO
6 THE EFFECTIVE DATE OF THIS AMENDATORY ACT SHALL BE DEEMED
7 CERTIFIED UNDER THE ACT. THE CERTIFICATION SHALL BE VALID FOR
8 THREE YEARS AFTER ISSUED, AND RECERTIFICATION REQUIREMENTS OF
9 PARAGRAPH (3) SHALL THEN APPLY.
10 (B) CERTIFICATION OF EMERGENCY MEDICAL TECHNICIAN.--
11 (1) THE DEPARTMENT SHALL CERTIFY ANY PERSON AS AN
12 EMERGENCY MEDICAL TECHNICIAN WHO:
13 [(1)] (I) HAS COMPLETED A BASIC TRAINING PROGRAM FOR
14 EMERGENCY MEDICAL TECHNICIANS APPROVED BY THE DEPARTMENT,
15 WHICH PROGRAM FOLLOWS IN ACCORDANCE WITH THE CURRENT
16 NATIONAL STANDARD CURRICULUM FOR EMERGENCY MEDICAL
17 TECHNICIANS AS SET FORTH IN THE RULES AND REGULATIONS
18 PROMULGATED BY THE DEPARTMENT.
19 [(2)] (II) HAS TAKEN AND SUCCESSFULLY PASSED A
20 WRITTEN EXAMINATION PRESCRIBED BY THE DEPARTMENT.
21 [(3)] (III) HAS TAKEN AND SUCCESSFULLY PASSED A
22 PRACTICAL TEST OF EMERGENCY MEDICAL TECHNICIAN SKILLS
23 PRESCRIBED BY THE DEPARTMENT.
24 [(4)] (IV) IS AT LEAST 16 YEARS OF AGE.
25 (2) A PERSON WHO MEETS THE REQUIREMENTS OF THIS
26 SUBSECTION SHALL BE CERTIFIED AS AN EMERGENCY MEDICAL
27 TECHNICIAN WITHIN THIS COMMONWEALTH FOR A PERIOD OF THREE
28 YEARS, SUBJECT TO DISCIPLINARY ACTION PURSUANT TO SUBSECTION
29 (J.1).
30 (3) (I) A PERSON CERTIFIED AS AN EMERGENCY MEDICAL
19930H1474B3747 - 11 -
1 TECHNICIAN SHALL BE RECERTIFIED BY FILING WITH THE
2 DEPARTMENT PROOF OF SUCCESSFUL COMPLETION OF:
3 (A) A DEPARTMENT-APPROVED CONTINUING EDUCATION
4 AND TRAINING PROGRAM; OR
5 (B) HAVING PASSED THE DEPARTMENT-APPROVED
6 WRITTEN AND PRACTICAL SKILLS RECERTIFICATION
7 EXAMINATIONS.
8 (II) THE DEPARTMENT, IN CONSULTATION WITH THE
9 COUNCIL, SHALL REVIEW AND UPDATE CONTINUING EDUCATION AND
10 TRAINING PROGRAMS NOT LESS THAN BIENNIALLY.
11 (4) NOTWITHSTANDING THE PROVISIONS OF THE ACT OF JULY
12 20, 1974 (P.L.551, NO.190), KNOWN AS THE MEDICAL PRACTICE ACT
13 OF 1974, OR THE PROVISIONS OF ANY ACT TO THE CONTRARY, ANY
14 PERSON WITH A VALID CERTIFICATION FROM THE DEPARTMENT AS AN
15 EMERGENCY MEDICAL TECHNICIAN MAY, IN THE CASE OF AN
16 EMERGENCY, PERFORM THOSE DUTIES AS DEEMED APPROPRIATE BY THE
17 DEPARTMENT IN ACCORDANCE WITH RULES AND REGULATIONS
18 PROMULGATED UNDER THIS ACT.
19 (C) ELIGIBILITY.--TO BE ELIGIBLE TO ENROLL IN A COURSE
20 LEADING TO CERTIFICATION AS AN EMT-PARAMEDIC, A PERSON SHALL:
21 (1) BE AT LEAST 18 YEARS OF AGE;
22 (2) HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT; AND
23 (3) BE CURRENTLY CERTIFIED BY THE DEPARTMENT AS AN
24 EMERGENCY MEDICAL TECHNICIAN.
25 (D) CERTIFICATION OF EMT-PARAMEDIC.--
26 (1) THE DEPARTMENT SHALL CERTIFY A PERSON AS AN EMT-
27 PARAMEDIC, PROVIDED THE PERSON MEETS THE REQUIREMENTS OF
28 SUBSECTION (C) AND:
29 [(1)] (I) COMPLETES A TRAINING COURSE FOR EMT-
30 PARAMEDICS APPROVED BY THE DEPARTMENT, WHICH COURSE
19930H1474B3747 - 12 -
1 FOLLOWS IN ACCORDANCE WITH THE CURRENT NATIONAL STANDARD
2 CURRICULUM FOR EMERGENCY MEDICAL TECHNICIAN-PARAMEDICS AS
3 SET FORTH IN THE RULES AND REGULATIONS PROMULGATED BY THE
4 DEPARTMENT.
5 [(2)] (II) IS VERIFIED AS HAVING DEMONSTRATED
6 COMPETENCY IN ALL REQUIRED SKILLS.
7 [(3)] (III) TAKES AND PASSES A WRITTEN EXAMINATION
8 FOR EMT-PARAMEDICS PRESCRIBED BY THE DEPARTMENT.
9 (2) A PERSON WHO INITIALLY MEETS THE REQUIREMENTS OF
10 PARAGRAPH (1) SHALL BE CONSIDERED PERMANENTLY CERTIFIED AS AN
11 EMT-PARAMEDIC WITHIN THIS COMMONWEALTH, SUBJECT TO
12 DISCIPLINARY ACTION PURSUANT TO SUBSECTION (J.1).
13 (I) THE ADVANCED LIFE SUPPORT SERVICE MEDICAL
14 DIRECTOR SHALL HAVE CONTINUED AUTHORITY TO GRANT OR DENY
15 MEDICAL COMMAND AUTHORIZATION TO AN EMT-PARAMEDIC AND
16 SHALL REVIEW, DOCUMENT AND ADVISE EACH EMT-PARAMEDIC OF
17 HIS OR HER STATUS AT LEAST ONCE ANNUALLY.
18 (II) THE ADVANCED LIFE SUPPORT SERVICE MEDICAL
19 DIRECTOR SHALL BASE A DECISION ON WHETHER TO GRANT OR
20 DENY MEDICAL COMMAND AUTHORIZATION UPON:
21 (A) DEMONSTRATED COMPETENCY IN KNOWLEDGE AND
22 SKILLS BY AN EMT-PARAMEDIC AS DEFINED BY THE
23 DEPARTMENT THROUGH REGULATION AND PUBLISHED IN THE
24 EMERGENCY MEDICAL SERVICES TRAINING MANUAL; AND
25 (B) COMPLETION OF CONTINUING EDUCATION
26 REQUIREMENTS AS ADOPTED BY DEPARTMENT REGULATIONS.
27 (I) UNTIL SUCH TIME AS INTERIM REGULATIONS
28 ARE ADOPTED BY THE DEPARTMENT, AN EMT-PARAMEDIC'S
29 RECEIPT OR ANNUAL RETENTION OF MEDICAL COMMAND
30 AUTHORIZATION SHALL DEPEND UPON THAT PERSON
19930H1474B3747 - 13 -
1 SUCCESSFULLY DEMONSTRATING TO THE ADVANCED LIFE
2 SUPPORT SERVICE MEDICAL DIRECTOR THE COMPETENCE
3 AND SKILLS TO PERFORM THE FUNCTIONS OF AN
4 EMERGENCY MEDICAL TECHNICIAN AND THE FUNCTIONS
5 THAT AN EMT-PARAMEDIC IS AUTHORIZED TO PERFORM
6 PURSUANT TO MEDICAL COMMAND AUTHORIZATION AS SET
7 FORTH IN DEPARTMENT REGULATIONS.
8 (III) THE DEPARTMENT, IN CONSULTATION WITH THE
9 COUNCIL, SHALL REVIEW AND UPDATE CONTINUING EDUCATION
10 REQUIREMENTS AND THE EMERGENCY MEDICAL SERVICES TRAINING
11 MANUAL NOT LESS THAN BIENNIALLY.
12 (IV) AN EMT-PARAMEDIC DENIED MEDICAL COMMAND
13 AUTHORIZATION SHALL HAVE THE RIGHT TO APPEAL THE DECISION
14 TO THE REGIONAL MEDICAL DIRECTOR AND THEN TO THE
15 DEPARTMENT.
16 (V) NOTWITHSTANDING AN EMT-PARAMEDIC CERTIFICATION
17 TO PROVIDE ADVANCED LIFE SUPPORT SERVICES, AN EMT-
18 PARAMEDIC MAY NOT PROVIDE THOSE SERVICES UNLESS THE EMT-
19 PARAMEDIC HAS MEDICAL COMMAND AUTHORIZATION TO DO SO.
20 (VI) AN EMT-PARAMEDIC WHO DOES NOT MAINTAIN MEDICAL
21 COMMAND AUTHORIZATION AND WHO CHOOSES TO FUNCTION AT THE
22 BASIC LIFE SUPPORT SERVICE LEVEL MUST APPLY TO THE
23 DEPARTMENT FOR CERTIFICATION AS AN EMERGENCY MEDICAL
24 TECHNICIAN IN ACCORDANCE WITH DEPARTMENT REGULATIONS. AN
25 EMT-PARAMEDIC WHO IS CERTIFIED AS AN EMERGENCY MEDICAL
26 TECHNICIAN UNDER THIS PROVISION SHALL RETAIN PARAMEDIC
27 CERTIFICATION AND MUST APPLY TO AN ADVANCED LIFE SUPPORT
28 SERVICE MEDICAL DIRECTOR FOR MEDICAL COMMAND
29 AUTHORIZATION PRIOR TO RETURNING TO PARAMEDIC STATUS.
30 WHILE PRACTICING WITHOUT MEDICAL COMMAND AUTHORIZATION,
19930H1474B3747 - 14 -
1 EMT-PARAMEDICS SHALL NOT HOLD THEMSELVES OUT AS
2 PARAMEDICS TO PATIENTS AND EMERGENCY MEDICAL SERVICE
3 PERSONNEL AND SHALL FUNCTION AS EMERGENCY MEDICAL
4 TECHNICIANS IN ALL RESPECTS.
5 (VII) AN EMT-PARAMEDIC SHALL REGISTER BIENNIALLY
6 WITH THE DEPARTMENT.
7 (3) NOTWITHSTANDING THE PROVISIONS OF THE MEDICAL
8 PRACTICE ACT OF 1974, OR THE PROVISIONS OF ANY OTHER ACT TO
9 THE CONTRARY, ANY PERSON WITH A VALID CERTIFICATION FROM THE
10 DEPARTMENT AS AN EMT-PARAMEDIC MAY, IN THE CASE OF AN
11 EMERGENCY, PERFORM THOSE DUTIES AS DEEMED APPROPRIATE BY THE
12 DEPARTMENT IN ACCORDANCE WITH RULES AND REGULATIONS
13 PROMULGATED UNDER THIS ACT.
14 (E) SCOPE OF PRACTICE OF EMERGENCY MEDICAL TECHNICIAN AND
15 EMT-PARAMEDIC.--THE SERVICES PROVIDED BY AN EMERGENCY MEDICAL
16 TECHNICIAN OR EMT-PARAMEDIC ARE LIMITED TO THE SERVICES REQUIRED
17 IN RESPONDING TO THE PERCEIVED NEEDS OF AN INDIVIDUAL FOR
18 IMMEDIATE MEDICAL CARE IN ORDER TO PREVENT LOSS OF LIFE OR
19 AGGRAVATION OF PHYSIOLOGICAL OR PSYCHOLOGICAL ILLNESS OR INJURY.
20 SUCH SERVICES SHALL ONLY BE DELIVERED IN A PREHOSPITAL,
21 INTERHOSPITAL OR EMERGENCY CARE SETTING IN A HOSPITAL, SHALL NOT
22 INCLUDE DIAGNOSIS AND TREATMENT OF NONURGENT CARE AND SHALL BE
23 SUBJECT TO RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
24 (E.1) PREHOSPITAL REGISTERED NURSES.--
25 (1) THE DEPARTMENT SHALL PERMANENTLY RECOGNIZE A
26 REGISTERED NURSE IN GOOD STANDING IN THIS COMMONWEALTH AS A
27 PREHOSPITAL REGISTERED NURSE, SUBJECT TO DISCIPLINARY ACTION
28 PURSUANT TO SUBSECTION (J.1), WHO:
29 (I) IS AT LEAST 18 YEARS OF AGE.
30 (II) HOLDS CURRENT ACKNOWLEDGMENTS EVIDENCING
19930H1474B3747 - 15 -
1 SUCCESSFUL COMPLETION OF BASIC AND ADVANCED CARDIAC LIFE
2 SUPPORT TRAINING PROGRAMS RECOGNIZED BY THE DEPARTMENT.
3 (III) DEMONSTRATES SUCCESSFUL COMPLETION OF A
4 PREHOSPITAL REGISTERED NURSE PROGRAM RECOGNIZED OR
5 APPROVED BY THE DEPARTMENT OR A KNOWLEDGE AND SKILLS
6 ASSESSMENT PROCESS DEVELOPED BY THE DEPARTMENT UPON
7 CONSIDERATION OF THE EMERGENCY NURSES ASSOCIATION
8 NATIONAL STANDARD CURRICULUM GUIDELINES FOR PREHOSPITAL
9 NURSING OR SIMILAR PROGRAM.
10 (IV) SUCCESSFULLY COMPLETES AN EMERGENCY MEDICAL
11 TECHNICIAN PRACTICAL SKILLS EXAMINATION APPROVED BY THE
12 DEPARTMENT.
13 (V) SUCCESSFULLY COMPLETES AN ADVANCED LIFE SUPPORT
14 WRITTEN EXAMINATION APPROVED BY THE DEPARTMENT.
15 (VI) A PERSON WHO HAS RECEIVED RECOGNITION AS A
16 HEALTH PROFESSIONAL REGISTERED NURSE PURSUANT TO THE
17 VOLUNTARY HEALTH PROFESSIONAL REGISTERED NURSE
18 RECOGNITION PROGRAM CONDUCTED BY THE DEPARTMENT PRIOR TO
19 THE EFFECTIVE DATE OF THIS AMENDATORY ACT SHALL BE DEEMED
20 TO HAVE DEPARTMENT RECOGNITION AS A PREHOSPITAL
21 REGISTERED NURSE UNDER THE ACT.
22 (2) A PREHOSPITAL REGISTERED NURSE WHO IS CERTIFIED AS
23 AN EMERGENCY MEDICAL TECHNICIAN OR EMT-PARAMEDIC SHALL RETAIN
24 CERTIFICATION CONSISTENT WITH OTHER PROVISIONS OF THIS ACT.
25 (3) THE ADVANCED LIFE SUPPORT SERVICE MEDICAL DIRECTOR
26 SHALL HAVE CONTINUED AUTHORITY TO GRANT OR DENY MEDICAL
27 COMMAND AUTHORIZATION TO A PREHOSPITAL REGISTERED NURSE AND
28 SHALL REVIEW, DOCUMENT AND ADVISE EACH PREHOSPITAL REGISTERED
29 NURSE OF HIS OR HER STATUS AT LEAST ONE TIME ANNUALLY. THE
30 ADVANCED LIFE SUPPORT SERVICE MEDICAL DIRECTOR SHALL BASE A
19930H1474B3747 - 16 -
1 DECISION ON WHETHER TO GRANT OR DENY MEDICAL COMMAND
2 AUTHORIZATION UPON:
3 (I) DEMONSTRATED COMPETENCY IN KNOWLEDGE AND SKILLS
4 AS DEFINED BY THE DEPARTMENT THROUGH REGULATIONS; AND
5 (II) COMPLETION OF CONTINUING EDUCATION REQUIREMENTS
6 AS ADOPTED BY DEPARTMENT REGULATIONS.
7 (A) UNTIL SUCH TIME AS INTERIM REGULATIONS ARE
8 ADOPTED BY THE DEPARTMENT, A PREHOSPITAL REGISTERED
9 NURSE'S RECEIPT OR ANNUAL RETENTION OF MEDICAL
10 COMMAND AUTHORIZATION SHALL DEPEND UPON THAT PERSON
11 SUCCESSFULLY DEMONSTRATING TO THE ADVANCED LIFE
12 SUPPORT SERVICE MEDICAL DIRECTOR THE COMPETENCE AND
13 SKILLS TO PERFORM THE FUNCTIONS OF AN EMERGENCY
14 MEDICAL TECHNICIAN AND THE FUNCTIONS THAT AN EMT-
15 PARAMEDIC IS AUTHORIZED TO PERFORM PURSUANT TO
16 MEDICAL COMMAND AUTHORIZATION AS SET FORTH IN
17 DEPARTMENT REGULATIONS.
18 (4) A PREHOSPITAL REGISTERED NURSE DENIED MEDICAL
19 COMMAND AUTHORIZATION SHALL HAVE THE RIGHT TO APPEAL THE
20 DECISION TO THE REGIONAL MEDICAL DIRECTOR AND THEN TO THE
21 DEPARTMENT.
22 (5) A PREHOSPITAL REGISTERED NURSE WHO DOES NOT MAINTAIN
23 MEDICAL COMMAND AUTHORIZATION AND WHO CHOOSES TO FUNCTION AT
24 THE BASIC LIFE SUPPORT SERVICES LEVEL MUST APPLY TO THE
25 DEPARTMENT FOR RECOGNITION AS AN EMERGENCY MEDICAL
26 TECHNICIAN, IN ACCORDANCE WITH DEPARTMENT REGULATIONS.
27 (6) THE DEPARTMENT, IN CONSULTATION WITH THE COUNCIL,
28 SHALL UPDATE THE CURRENT PREHOSPITAL REGISTERED NURSE
29 EDUCATIONAL PROGRAM NOT LESS THAN BIENNIALLY.
30 (7) CONSISTENT WITH THE PROVISIONS OF THIS ACT, A
19930H1474B3747 - 17 -
1 PREHOSPITAL REGISTERED NURSE'S PRACTICE SCOPE SHALL BE
2 GOVERNED BY THE PROVISIONS OF THE ACT OF MAY 22, 1951
3 (P.L.317, NO.69), KNOWN AS THE PROFESSIONAL NURSING LAW, AND
4 49 PA. CODE CH. 21 (RELATING TO STATE BOARD OF NURSING).
5 (8) A PREHOSPITAL REGISTERED NURSE SHALL REGISTER
6 BIENNIALLY WITH THE DEPARTMENT.
7 (F) PHYSICIAN COMMUNICATION.--ANY LICENSED PHYSICIAN WHO IS
8 APPROVED FOR SUCH RESPONSIBILITY BY THE REGIONAL EMERGENCY
9 MEDICAL SERVICES COUNCIL, WHICH SHALL NOTIFY THE DEPARTMENT OF
10 SUCH APPROVAL, MAY GIVE APPROPRIATE MEDICAL COMMANDS VIA RADIO
11 OR OTHER TELECOMMUNICATIONS DEVICE TO A FIRST RESPONDER, AN
12 EMERGENCY MEDICAL TECHNICIAN OR EMT-PARAMEDIC OR HEALTH
13 PROFESSIONAL CONSISTENT WITH RESPECTIVE LEVELS OF SKILL AND
14 EDUCATION AND REGULATIONS PROMULGATED PURSUANT TO THIS ACT.
15 (G) DRUG ADMINISTRATION.--EVERY LICENSED PHYSICIAN GIVING A
16 MEDICAL COMMAND TO AN EMT-PARAMEDIC OR HEALTH PROFESSIONAL
17 REQUIRING ADMINISTRATION OF A DRUG SHALL FIRST IDENTIFY THE DRUG
18 AND THEN SPECIFY THE DOSAGE AND THE MANNER OF ADMINISTRATION.
19 (H) STANDING ORDERS.--WHEN SPECIFIED IN THE APPROVED
20 EMERGENCY MEDICAL SERVICES COUNCIL TRANSFER AND MEDICAL
21 TREATMENT PROTOCOLS ESTABLISHED PURSUANT TO RULES AND
22 REGULATIONS, A FIRST RESPONDER, AN EMERGENCY MEDICAL TECHNICIAN,
23 EMT-PARAMEDIC OR HEALTH PROFESSIONAL MAY PERFORM SPECIFIC
24 EMERGENCY SKILLS AND TREATMENT PRIOR TO THE INITIATION OF
25 MEDICAL COMMAND.
26 (I) CARE WHERE COMMUNICATIONS ARE DISRUPTED.--IF
27 TELECOMMUNICATIONS CANNOT BE ESTABLISHED BETWEEN A FIRST
28 RESPONDER, AN EMERGENCY MEDICAL TECHNICIAN OR AN EMT-PARAMEDIC,
29 OR A HEALTH PROFESSIONAL AND A LICENSED PHYSICIAN, OR IF
30 TELECOMMUNICATIONS ONCE ESTABLISHED ARE INTERRUPTED AND CANNOT
19930H1474B3747 - 18 -
1 BE REESTABLISHED, A FIRST RESPONDER, AN EMERGENCY MEDICAL
2 TECHNICIAN OR AN EMT-PARAMEDIC OR HEALTH PROFESSIONAL MAY
3 INITIATE AND CONTINUE EMERGENCY MEDICAL CARE IN ACCORDANCE WITH
4 THE APPROVED EMERGENCY MEDICAL SERVICES COUNCIL TRANSFER AND
5 MEDICAL TREATMENT PROTOCOLS ESTABLISHED PURSUANT TO RULES AND
6 REGULATIONS.
7 (J) LIABILITY.--
8 (1) NO AUTHORIZED MEDICAL COMMAND PHYSICIAN WHO IN GOOD
9 FAITH GIVES INSTRUCTIONS TO A FIRST RESPONDER, AN EMERGENCY
10 MEDICAL TECHNICIAN OR EMT-PARAMEDIC OR HEALTH PROFESSIONAL
11 SHALL BE LIABLE FOR ANY CIVIL DAMAGES AS A RESULT OF ISSUING
12 THE INSTRUCTIONS, UNLESS GUILTY OF GROSS OR WILLFUL
13 NEGLIGENCE.
14 (2) NO FIRST RESPONDER, EMERGENCY MEDICAL TECHNICIAN OR
15 EMT-PARAMEDIC OR HEALTH PROFESSIONAL WHO IN GOOD FAITH
16 ATTEMPTS TO RENDER OR FACILITATE EMERGENCY MEDICAL CARE
17 AUTHORIZED BY THIS ACT SHALL BE LIABLE FOR CIVIL DAMAGES AS A
18 RESULT OF ANY ACTS OR OMISSIONS, UNLESS GUILTY OF GROSS OR
19 WILLFUL NEGLIGENCE. THIS PROVISION SHALL APPLY TO STUDENTS
20 ENROLLED IN APPROVED COURSES OF INSTRUCTION AND SUPERVISED
21 PURSUANT TO RULES AND REGULATIONS.
22 (3) NO APPROVED EMERGENCY MEDICAL SERVICES TRAINING
23 INSTITUTE NOR ANY ENTITY PARTICIPATING AS PART OF ANY
24 APPROVED EDUCATIONAL PROGRAM OFFERED BY SUCH INSTITUTE AS
25 AUTHORIZED BY THIS ACT SHALL BE LIABLE FOR ANY CIVIL DAMAGES
26 AS A RESULT OF PRIMARY AND CONTINUING EDUCATIONAL PRACTICE BY
27 DULY ENROLLED STUDENTS UNDER PROPER SUPERVISION, UNLESS
28 GUILTY OF GROSS OR WILLFUL NEGLIGENCE.
29 (4) NO MEDICAL COMMAND FACILITY RECOGNIZED BY THE
30 DEPARTMENT WHICH IN GOOD FAITH PROVIDES MEDICAL COMMANDS TO A
19930H1474B3747 - 19 -
1 FIRST RESPONDER, AN EMERGENCY MEDICAL TECHNICIAN, EMT-
2 PARAMEDIC OR HEALTH PROFESSIONAL IN ACCORDANCE WITH THIS ACT
3 SHALL BE LIABLE FOR ANY CIVIL DAMAGES AS A RESULT OF ISSUING
4 INSTRUCTIONS, UNLESS GUILTY OF GROSS OR WILLFUL NEGLIGENCE.
5 (5) NO FIRST RESPONDER, EMERGENCY MEDICAL TECHNICIAN OR
6 EMT-PARAMEDIC OR HEALTH PROFESSIONAL WHO IN GOOD FAITH
7 ATTEMPTS TO RENDER EMERGENCY CARE AUTHORIZED BY THIS ACT AT
8 AN EMERGENCY SCENE WHILE ENROUTE TO A PLACE OF EMPLOYMENT
9 SHALL RECEIVE ANY FORM OF REPRIMAND OR PENALTY BY AN EMPLOYER
10 AS A RESULT OF LATE ARRIVAL AT THE PLACE OF EMPLOYMENT. AN
11 EMPLOYER MAY REQUEST WRITTEN VERIFICATION FROM ANY SUCH FIRST
12 RESPONDER, EMERGENCY MEDICAL TECHNICIAN [OR], EMT-PARAMEDIC
13 OR HEALTH PROFESSIONAL, WHO SHALL OBTAIN THE WRITTEN
14 VERIFICATION FROM EITHER THE POLICE OFFICER OR AMBULANCE
15 PERSONNEL WHO IS IN CHARGE AT THE EMERGENCY SCENE.
16 (6) NO ADVANCED LIFE SUPPORT SERVICE MEDICAL DIRECTOR OR
17 REGIONAL MEDICAL DIRECTOR WHO IN GOOD FAITH GIVES
18 INSTRUCTIONS TO OR PROVIDES PRIMARY AND CONTINUING
19 EDUCATIONAL TRAINING TO A FIRST RESPONDER, AN EMERGENCY
20 MEDICAL TECHNICIAN, EMT-PARAMEDIC OR HEALTH PROFESSIONAL
21 SHALL BE LIABLE FOR ANY CIVIL DAMAGES FOR ISSUING THE
22 INSTRUCTIONS, EDUCATION OR TRAINING UNLESS GUILTY OF GROSS OR
23 WILLFUL NEGLIGENCE.
24 (J.1) SUSPENSION, REVOCATION OR REFUSAL OF DEPARTMENT
25 CERTIFICATION OR RECOGNITION.--
26 (1) THE DEPARTMENT MAY SUSPEND, REVOKE OR REFUSE TO
27 ISSUE OR RENEW THE CERTIFICATION OR RECOGNITION OF EMERGENCY
28 MEDICAL SERVICES PERSONNEL UPON INVESTIGATION, HEARING AND
29 DISPOSITION FOR THE FOLLOWING REASONS:
30 (I) DEMONSTRATED INCOMPETENCE TO PROVIDE ADEQUATE
19930H1474B3747 - 20 -
1 SERVICES.
2 (II) DECEPTIVE OR FRAUDULENT PROCUREMENT OF
3 CERTIFICATION CREDENTIALS.
4 (III) WILLFUL OR NEGLIGENT PRACTICE BEYOND THE SCOPE
5 OF CERTIFICATION AUTHORIZATION.
6 (IV) ABUSE OR ABANDONMENT OF A PATIENT.
7 (V) THE RENDERING OF SERVICES WHILE UNDER THE
8 INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS.
9 (VI) THE OPERATION OF AN EMERGENCY VEHICLE IN A
10 RECKLESS MANNER OR WHILE UNDER THE INFLUENCE OF ILLEGAL
11 DRUGS OR ALCOHOL.
12 (VII) DISCLOSURE OF MEDICAL OR OTHER INFORMATION
13 WHERE PROHIBITED BY FEDERAL OR STATE LAW.
14 (VIII) WILLFUL PREPARATION OR FILING OF FALSE
15 MEDICAL REPORTS OR RECORDS, OR THE INDUCEMENT OF OTHERS
16 TO DO SO.
17 (IX) DESTRUCTION OF MEDICAL RECORDS REQUIRED TO BE
18 MAINTAINED.
19 (X) REFUSAL TO RENDER EMERGENCY MEDICAL CARE BECAUSE
20 OF A PATIENT'S RACE, SEX, CREED, NATIONAL ORIGIN, SEXUAL
21 PREFERENCE, AGE, HANDICAP, MEDICAL PROBLEM OR FINANCIAL
22 INABILITY TO PAY.
23 (XI) FAILURE TO COMPLY WITH DEPARTMENT-APPROVED
24 REGIONAL EMERGENCY MEDICAL SERVICE COUNCIL TREATMENT AND
25 TRANSFER PROTOCOLS.
26 (XII) FAILURE TO COMPLY WITH AMBULANCE TRIP
27 REPORTING REQUIREMENTS AS ESTABLISHED BY THE DEPARTMENT.
28 (XIII) FAILURE TO MEET RECERTIFICATION REQUIREMENTS.
29 (XIV) CONVICTION OF A FELONY OR CRIME INVOLVING
30 MORAL TURPITUDE. CONVICTION INCLUDES A JUDGMENT OF GUILT,
19930H1474B3747 - 21 -
1 A PLEA OF GUILTY OR A PLEA OF NOLO CONTENDERE.
2 (XV) A WILLFUL OR CONSISTENT PATTERN OF FAILURE TO
3 COMPLETE DETAILS ON A PATIENT'S MEDICAL RECORD.
4 (XVI) MISUSE OR MISAPPROPRIATION OF DRUGS OR
5 MEDICATION.
6 (XVII) HAVING A CERTIFICATION OR OTHER AUTHORIZATION
7 TO PRACTICE A HEALTH CARE PROFESSION OR OCCUPATION
8 REVOKED, SUSPENDED OR SUBJECTED TO DISCIPLINARY SANCTION.
9 (XVIII) FAILURE TO COMPLY WITH SKILL MAINTENANCE
10 REQUIREMENTS ESTABLISHED BY THE DEPARTMENT.
11 (XIX) VIOLATING A DUTY IMPOSED BY THIS ACT, A
12 REGULATION PROMULGATED UNDER THIS ACT OR AN ORDER OF THE
13 DEPARTMENT PREVIOUSLY ENTERED IN A DISCIPLINARY
14 PROCEEDING.
15 (XX) OTHER REASONS AS DETERMINED BY THE DEPARTMENT
16 WHICH POSE A THREAT TO THE HEALTH AND SAFETY OF THE
17 PUBLIC.
18 (2) IF THE DEPARTMENT IS EMPOWERED TO TAKE DISCIPLINARY
19 OR CORRECTIVE ACTION AGAINST AN INDIVIDUAL UNDER THIS
20 SECTION, THE DEPARTMENT MAY DO ANY OF THE FOLLOWING:
21 (I) DENY THE APPLICATION FOR CERTIFICATION OR
22 RECOGNITION.
23 (II) ADMINISTER A WRITTEN REPRIMAND WITH OR WITHOUT
24 PROBATION.
25 (III) REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT
26 THE CERTIFICATION OR RECOGNITION.
27 (IV) REQUIRE THE PERSON TO TAKE REFRESHER
28 EDUCATIONAL COURSES.
29 (V) STAY ENFORCEMENT OF ANY SUSPENSION AND PLACE THE
30 INDIVIDUAL ON PROBATION WITH THE RIGHT TO VACATE THE
19930H1474B3747 - 22 -
1 PROBATIONARY ORDER FOR NONCOMPLIANCE.
2 (K) CONTINUITY OF CARE.--UNTIL RULES AND REGULATIONS ARE
3 PROMULGATED UNDER THIS ACT, CERTIFIED PREHOSPITAL PERSONNEL
4 SHALL COMPLY WITH THE RULES AND REGULATIONS IN EFFECT ON THE
5 EFFECTIVE DATE OF THIS ACT.
6 SECTION 12. MINIMUM STANDARDS FOR AMBULANCE SERVICE.
7 * * *
8 (G) STAFF FOR ADVANCED LIFE SUPPORT [VEHICLE] SERVICE.--
9 (1) UPON THE EFFECTIVE DATE OF THIS ACT, EACH ADVANCED
10 LIFE SUPPORT SERVICE SHALL REQUIRE THAT AT LEAST TWO PERSONS
11 SHALL RESPOND TO CALLS FOR ASSISTANCE. THIS STAFF SHALL
12 CONSIST OF ONE OF THE FOLLOWING:
13 (I) TWO HEALTH PROFESSIONALS.
14 (II) ONE HEALTH PROFESSIONAL AND EITHER ONE
15 EMERGENCY MEDICAL TECHNICIAN OR ONE EMT-PARAMEDIC.
16 (III) ONE EMERGENCY MEDICAL TECHNICIAN AND ONE EMT-
17 PARAMEDIC.
18 (IV) TWO EMT-PARAMEDICS.
19 (2) PARAGRAPH (1) SHALL NOT APPLY AS FOLLOWS:
20 (I) TEMPORARY LICENSES MAY BE ISSUED TO ADVANCED
21 LIFE SUPPORT SERVICES WHICH ARE NOT GENERALLY ABLE TO
22 PROVIDE THIS SERVICE 24 HOURS PER DAY AND 7 DAYS PER WEEK
23 IN ACCORDANCE WITH SUBSECTION (N).
24 (II) AN ADVANCED LIFE SUPPORT AMBULANCE SERVICE MAY
25 BE STAFFED BY ONE EMT-PARAMEDIC OR ONE HEALTH
26 PROFESSIONAL WHEN RESPONDING TO CALLS FOR ASSISTANCE,
27 PROVIDED THAT THE MINIMUM ADVANCED LIFE SUPPORT STAFFING
28 REQUIREMENTS SET FORTH IN THIS SUBSECTION ARE MET DURING
29 EMERGENCY MEDICAL TREATMENT AND TRANSPORT OF THE PATIENT.
30 (3) AN ADVANCED LIFE SUPPORT SERVICE SHALL HAVE AN
19930H1474B3747 - 23 -
1 ADVANCED LIFE SUPPORT SERVICE MEDICAL DIRECTOR.
2 * * *
3 SECTION 3. SECTION 14(D) OF THE ACT, AMENDED OCTOBER 21,
4 1988 (P.L.1055, NO.121), IS AMENDED TO READ:
5 SECTION 14. SUPPORT OF EMERGENCY MEDICAL SERVICES.
6 * * *
7 (D) PURPOSE OF FUND.--ALL MONEY FROM THE EMERGENCY MEDICAL
8 SERVICES OPERATING FUND SHALL BE DISBURSED BY THE DEPARTMENT TO
9 ELIGIBLE PROVIDERS OF EMERGENCY MEDICAL SERVICES, AS DETERMINED
10 BY THE DEPARTMENT BY REGULATION, TO THE STATE ADVISORY COUNCIL
11 AND TO REGIONAL EMERGENCY MEDICAL SERVICES COUNCILS FOR THE
12 INITIATION, EXPANSION, MAINTENANCE AND IMPROVEMENT OF EMERGENCY
13 MEDICAL SERVICES, INCLUDING AMBULANCE AND COMMUNICATIONS
14 EQUIPMENT AND FOR TRAINING, EDUCATION AND AMBULANCE LICENSURE
15 PURPOSES. THESE FUNDS SHALL NOT BE USED FOR ANY OTHER PURPOSES.
16 * * *
17 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 17.1. RULES AND REGULATIONS.
19 THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE STATE
20 ADVISORY COUNCIL MAY PROMULGATE GUIDELINES, RULES AND
21 REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF
22 THIS ACT.
23 SECTION 5. THE PROVISIONS OF 28 PA. CODE §§ 1003.23(B)(3)
24 (RELATING TO CERTIFICATION REQUIREMENTS) AND 1003.24(D)
25 (RELATING TO RECERTIFICATION REQUIREMENTS) ARE ABROGATED.
26 SECTION 6. THE DEPARTMENT OF HEALTH, UPON THE CONCLUSION OF
27 AT LEAST ONE PUBLIC HEARING, SHALL PUBLISH INTERIM REGULATIONS
28 IN THE PENNSYLVANIA BULLETIN WITHIN 120 DAYS OF THE EFFECTIVE
29 DATE OF THIS ACT. THE INTERIM REGULATIONS SHALL NOT BE SUBJECT
30 TO THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
19930H1474B3747 - 24 -
1 REGULATORY REVIEW ACT OR TO THE ACT OF JULY 31, 1968 (P.L.769,
2 NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW. THESE
3 INTERIM REGULATIONS SHALL BE EFFECTIVE UNTIL SUCH TIME AS FINAL
4 REGULATIONS ARE PROMULGATED BY THE DEPARTMENT PURSUANT TO THE
5 COMMONWEALTH DOCUMENTS LAW, THE ACT OF OCTOBER 15, 1980
6 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT AND
7 THE REGULATORY REVIEW ACT, BUT IN NO EVENT SHALL THE INTERIM
8 REGULATIONS REMAIN IN EFFECT FOR LONGER THAN 18 MONTHS FROM THE
9 EFFECTIVE DATE OF THIS ACT.
10 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
11 (1) THE AMENDMENT OF SECTION 14(D) OF THE ACT AND THIS
12 SECTION SHALL TAKE EFFECT IMMEDIATELY.
13 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
14 DAYS.
D26L35JRW/19930H1474B3747 - 25 -