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| PRIOR PRINTER'S NOS. 245, 678 | PRINTER'S NO. 1071 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, WAUGH, WASHINGTON, RAFFERTY, ALLOWAY, ROBBINS, BRUBAKER, MUSTO, ORIE, EARLL, FERLO, GORDNER, O'PAKE, STOUT, YAW, TOMLINSON, ERICKSON, BROWNE, WOZNIAK AND BOSCOLA, FEBRUARY 19, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,JUNE 1, 2009 |
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| AN ACT |
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1 | Amending Titles 35 (Health and Safety) and 75 (Vehicles) of the |
2 | Pennsylvania Consolidated Statutes, regulating emergency |
3 | medical services systems; providing for licensure; conferring |
4 | powers and duties on the Department of Health; further |
5 | defining "emergency vehicle"; providing for penalties; |
6 | providing for Emergency Medical Services Operating Fund |
7 | distributions; and making a related repeal. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Title 35 of the Pennsylvania Consolidated |
11 | Statutes is amended by adding a chapter to read: |
12 | CHAPTER 72 |
13 | EMERGENCY MEDICAL SERVICES SYSTEM |
14 | Subchapter |
15 | A. Preliminary Provisions |
16 | B. Program |
17 | C. Miscellaneous Provisions |
18 | SUBCHAPTER A |
19 | PRELIMINARY PROVISIONS |
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1 | Sec. |
2 | 7201. Short title of chapter. |
3 | 7202. Declaration of policy. |
4 | 7203. Definitions. |
5 | 7204. Emergency medical services system programs. |
6 | 7205. Duties of department. |
7 | 7206. Emergency medical services patient care reports. |
8 | 7207. Pennsylvania Trauma Systems Foundation. |
9 | 7208. State Advisory Board. |
10 | 7209. Regional emergency medical services councils. |
11 | § 7201. Short title of chapter. |
12 | This chapter shall be known and may be cited as the Emergency |
13 | Medical Services System Act. |
14 | § 7202. Declaration of policy. |
15 | The General Assembly finds and declares as follows: |
16 | (1) Emergency medical services is an essential public |
17 | service and frequently the health care safety net for many |
18 | Commonwealth residents. |
19 | (2) It is in the public interest to assure that there |
20 | are high quality and coordinated emergency and urgent medical |
21 | services readily available to the residents of this |
22 | Commonwealth to prevent premature death and reduce suffering |
23 | and disability which arise from severe illness and injury. |
24 | (3) The public interest under paragraph (2) is best |
25 | achieved through a regulated and coordinated emergency |
26 | medical services system. |
27 | (4) Transportation of both emergency and nonemergency |
28 | patients is an integral part of the health care delivery |
29 | system in this Commonwealth, and it is in the public interest |
30 | that the emergency medical services system serve all persons |
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1 | in this Commonwealth who: |
2 | (i) require medical care to address illness or |
3 | injury; |
4 | (ii) need transportation to a hospital or other |
5 | health care facility to receive that care; and |
6 | (iii) require medical assessment, monitoring, |
7 | assistance, treatment or observation during |
8 | transportation. |
9 | (5) It serves the public interest if the emergency |
10 | medical services system is able to quickly adapt and evolve |
11 | to meet the needs of the residents of this Commonwealth for |
12 | emergency and urgent medical care and to reduce their illness |
13 | and injury risks. |
14 | (6) It serves the public interest if the emergency |
15 | medical services system provides community-based health |
16 | promotion services that are integrated with the overall |
17 | health care system. |
18 | (7) Emergency medical services should be acknowledged, |
19 | promoted and supported as an essential public service. |
20 | (8) This chapter shall be liberally construed to |
21 | establish and maintain an effective and efficient emergency |
22 | medical services system which is accessible on a uniform |
23 | basis to residents of this Commonwealth and to visitors to |
24 | this Commonwealth. |
25 | (9) Residents of this Commonwealth and visitors to this |
26 | Commonwealth should have prompt and unimpeded access to |
27 | urgent and emergency medical care throughout this |
28 | Commonwealth. |
29 | (10) The Department of Health should continually assess |
30 | and, as needed, revise the functions of emergency medical |
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1 | services agencies and providers and other components of the |
2 | emergency medical services system that it regulates under |
3 | this chapter, to: |
4 | (i) improve the quality of emergency medical |
5 | services provided in this Commonwealth; |
6 | (ii) have the emergency medical services system |
7 | adapt to changing needs of the residents of this |
8 | Commonwealth; and |
9 | (iii) promote the recruitment and retention of |
10 | persons willing and qualified to serve as emergency |
11 | medical services providers in this Commonwealth. |
12 | (11) The emergency medical services system should be |
13 | fully integrated with the overall health care system, and in |
14 | particular with the public health system, to identify, modify |
15 | and manage illness and injury and illness and injury risks. |
16 | § 7203. Definitions. |
17 | The following words and phrases when used in this chapter |
18 | shall have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "Advanced emergency medical services." Emergency medical |
21 | services exceeding the scope of practice of an emergency medical |
22 | technician. |
23 | "Advanced emergency medical technician." An individual who |
24 | is certified by the Department of Health as an advanced |
25 | emergency medical technician. |
26 | "Advanced life support squad vehicle." A vehicle which: |
27 | (1) is maintained or operated to transport emergency |
28 | medical service providers above the advanced emergency |
29 | medical technician level, equipment and supplies to |
30 | rendezvous with the crew of an ambulance for the purpose of |
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1 | providing advanced emergency medical services to patients; |
2 | and |
3 | (2) is not used in the transportation of patients. |
4 | "ALS." Advanced life support. |
5 | "Ambulance." A ground, water or air vehicle which is |
6 | maintained or operated for the purpose of providing emergency |
7 | medical services to and transportation of patients. |
8 | "Ambulance attendant." An individual who is 16 years of age |
9 | or older and satisfies one of the following: |
10 | (1) Possesses a certificate evidencing successful |
11 | completion of an advanced first aid course sponsored by the |
12 | American Red Cross and a current certificate evidencing |
13 | successful completion of a cardiopulmonary resuscitation |
14 | course acceptable to the Department of Health. |
15 | (2) Possesses a current certificate evidencing |
16 | successful completion of a course determined by the |
17 | Department of Health to be equivalent to the requirements in |
18 | paragraph (1). |
19 | "Basic emergency medical services" or "basic EMS." Emergency |
20 | medical services included within, but not exceeding, the scope |
21 | of practice of an emergency medical technician. |
22 | "Basic life support squad vehicle." A vehicle which: |
23 | (1) is maintained or operated to transport emergency |
24 | medical services providers, equipment and supplies to |
25 | rendezvous with the crew of an ambulance for the purpose of |
26 | providing emergency medical services at or below the advanced |
27 | emergency medical technician level to patients; and |
28 | (2) is not used in the transportation of patients. |
29 | "BLS." Basic life support. |
30 | "Board." The State Advisory Board, which is the Board of |
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1 | Directors of the Pennsylvania Emergency Health Services Council. |
2 | "Commonwealth emergency medical services medical director" or |
3 | "Commonwealth EMS medical director." A physician who is |
4 | approved and employed by the Department of Health to advise and |
5 | formulate policy on matters pertaining to emergency medical |
6 | services. |
7 | "Department." The Department of Health of the Commonwealth. |
8 | "Emergency." A physiological or psychological illness or |
9 | injury of an individual, such that a prudent layperson who |
10 | possesses an average knowledge of health and medicine could |
11 | reasonably expect the absence of immediate emergency medical |
12 | services to result in: |
13 | (1) placing the health of the individual or, with |
14 | respect to a pregnant woman, the health of the woman or her |
15 | unborn child, in serious jeopardy; |
16 | (2) serious impairment of bodily functions; or |
17 | (3) serious dysfunction of a bodily organ or part. |
18 | "Emergency medical responder" or "EMR." An individual who is |
19 | certified by the Department of Health as an emergency medical |
20 | responder. |
21 | "Emergency medical services" or "EMS." Any of the following: |
22 | (1) The medical care, including medical assessment, |
23 | monitoring, treatment, transportation and observation, which |
24 | may be provided to a person in responding to an actual or |
25 | reported emergency to: |
26 | (i) prevent or protect against loss of life or a |
27 | deterioration in physiological or psychological |
28 | condition; or |
29 | (ii) address pain or morbidity associated with the |
30 | person's condition. |
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1 | (2) The transportation of an individual with medical |
2 | assessment, monitoring, treatment or observation of the |
3 | individual who, due to the individual's condition, requires |
4 | medical assessment, monitoring, treatment or observation |
5 | during the transport. |
6 | "Emergency medical services agency" or "EMS agency." An |
7 | entity that engages in the business or service of providing |
8 | emergency medical services to patients within this Commonwealth |
9 | by operating any of the following: |
10 | (1) An ambulance. |
11 | (2) An advanced life support squad vehicle. |
12 | (3) A basic life support squad vehicle. |
13 | (4) A quick response service. |
14 | (5) A special operations EMS service. This paragraph |
15 | includes, but is not limited to: |
16 | (i) a tactical EMS service; |
17 | (ii) a wilderness EMS service; |
18 | (iii) a mass-gathering EMS service; and |
19 | (iv) an urban search and rescue EMS service. |
20 | (6) A vehicle or service which provides emergency |
21 | medical services outside of a health care facility, as |
22 | prescribed by the Department of Health by regulation. |
23 | "Emergency medical services agency medical director" or "EMS |
24 | agency medical director." A physician who is employed by, |
25 | contracts with or volunteers with an emergency medical services |
26 | agency either directly or through an intermediary to: |
27 | (1) evaluate the quality of patient care provided by the |
28 | emergency medical services providers utilized by the |
29 | emergency medical services agency; and |
30 | (2) provide medical guidance and advice to the emergency |
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1 | medical services agency. |
2 | "Emergency medical services provider" or "EMS provider." Any |
3 | of the following: |
4 | (1) An emergency medical responder. |
5 | (2) An emergency medical technician. |
6 | (3) An advanced emergency medical technician. |
7 | (4) A paramedic. |
8 | (5) A prehospital registered nurse. |
9 | (6) A prehospital physician extender. |
10 | (7) A prehospital emergency medical services physician. |
11 | (8) An individual prescribed by regulation of the |
12 | Department of Health to provide specialized emergency medical |
13 | services. |
14 | "Emergency medical services system" or "EMS system." The |
15 | arrangement of personnel, facilities and equipment to prevent |
16 | and manage emergencies in a geographic area. |
17 | "Emergency medical services vehicle operator" or "EMS vehicle |
18 | operator." An individual certified by the Department of Health |
19 | to operate a ground emergency medical services vehicle. |
20 | "Emergency medical technician" or "EMT." An individual who |
21 | is certified by the Department of Health as an emergency medical |
22 | technician. |
23 | "Facility." A physical location at which an entity operates |
24 | a health care facility licensed under Federal or State law. |
25 | "Foundation." The Pennsylvania Trauma Systems Foundation, a |
26 | nonprofit Pennsylvania corporation whose function is to accredit |
27 | trauma centers in this Commonwealth. |
28 | "Hospital." An institution having an organized medical staff |
29 | that is primarily engaged in providing to inpatients, by or |
30 | under the supervision of physicians, diagnostic and therapeutic |
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1 | services or rehabilitation services for the care or |
2 | rehabilitation of injured, disabled, pregnant, diseased, sick or |
3 | mentally ill persons. The term includes a facility for the |
4 | diagnosis and treatment of disorders within the scope of |
5 | specific medical specialties. The term does not include a |
6 | facility caring exclusively for the mentally ill. |
7 | "Medical command facility." A distinct unit which contains |
8 | the necessary equipment and personnel for providing medical |
9 | command to and control over emergency medical services |
10 | providers. |
11 | "Medical command order." An order issued by a medical |
12 | command physician to an emergency medical services provider who |
13 | is functioning on behalf of an emergency medical services |
14 | agency. |
15 | "Medical command physician." A physician certified by the |
16 | Department of Health to give medical command orders to emergency |
17 | medical services providers. |
18 | "Medical monitoring." Performing continuous or periodic |
19 | observations of an individual's condition or continuation of an |
20 | ordered treatment plan for an individual to prevent pain, |
21 | suffering or the exacerbation of a preexisting condition. |
22 | "Medical observation." Performing continuous or periodic |
23 | observations of an individual's stable condition to determine |
24 | whether there is a change in that condition. |
25 | "Paramedic." An individual who is certified by the |
26 | Department of Health as a paramedic. |
27 | "Patient." An individual for whom an emergency medical |
28 | services provider is: |
29 | (1) providing emergency medical services on behalf of an |
30 | EMS agency; or |
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1 | (2) required to provide emergency medical services on |
2 | behalf of an EMS agency because the individual's condition |
3 | requires or may require medical observation, monitoring, |
4 | assessment or treatment for an illness, disease, injury or |
5 | other disability. |
6 | "Peer review." The evaluation by health care providers of |
7 | the quality and efficiency of services ordered or performed by |
8 | emergency medical services providers and physicians who direct |
9 | or supervise EMS providers under this chapter and the |
10 | regulations of the Department of Health. |
11 | "Physician." A person who has a currently registered license |
12 | to practice medicine or osteopathic medicine in this |
13 | Commonwealth. |
14 | "Prehospital emergency medical services physician" or |
15 | "prehospital EMS physician." A physician who is certified by |
16 | the Department of Health as a prehospital emergency medical |
17 | services physician. |
18 | "Prehospital physician extender" or "PHPE." A physician |
19 | assistant who is certified by the Department of Health as a |
20 | prehospital physician extender. |
21 | "Prehospital registered nurse" or "PHRN." A registered nurse |
22 | who is certified by the Department of Health as a prehospital |
23 | registered nurse. |
24 | "Quick response service" or "QRS." An operation in which |
25 | emergency medical services providers of an EMS agency: |
26 | (1) respond to an actual, reported or perceived |
27 | emergency; and |
28 | (2) provide emergency medical services to patients |
29 | pending the arrival of an ambulance. |
30 | "Regional emergency medical services council" or "regional |
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1 | EMS council." A nonprofit incorporated entity or appropriate |
2 | equivalent that is assigned by the Department of Health to: |
3 | (1) plan, develop, maintain, expand and improve |
4 | emergency medical services systems within a specific |
5 | geographic area of this Commonwealth; and |
6 | (2) coordinate those systems into a regional emergency |
7 | medical services system. |
8 | "Regional emergency medical services medical director" or |
9 | "regional EMS medical director." The medical director of a |
10 | regional emergency medical services council. |
11 | "Review organization." A committee which engages in peer |
12 | review as authorized by the regulations of the Department of |
13 | Health. |
14 | "Rural area." An area outside urbanized areas as defined by |
15 | the United States Bureau of the Census. |
16 | "Special care unit." An appropriately equipped area of a |
17 | hospital where provisions have been made for a concentration of |
18 | physicians, nurses and others who have special skills and |
19 | experiences to provide medical care for critically ill patients. |
20 | "Trauma center." A facility accredited as a trauma center by |
21 | the Pennsylvania Trauma Systems Foundation. |
22 | § 7204. Emergency medical services system programs. |
23 | (a) Planning and coordination.--The department shall plan, |
24 | guide and coordinate programs on the following matters to |
25 | promote effective and efficient operation of Statewide and |
26 | regional EMS systems: |
27 | (1) The number and distribution of EMS providers and |
28 | other persons integral to an EMS system, such as medical |
29 | command physicians and EMS agency medical directors, with |
30 | appropriate training and experience. |
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1 | (2) Reasonably accessible training for EMS providers and |
2 | other persons integral to an EMS system, including clinical |
3 | training and continuing education programs coordinated with |
4 | other programs providing similar, complementary and |
5 | supplemental training and education. |
6 | (3) The joining of personnel, facilities and equipment |
7 | coordinated through a communication system to ensure that EMS |
8 | requests will be handled by communications facilities that: |
9 | (i) utilize emergency medical telecommunications |
10 | screening to determine the appropriate emergency agency |
11 | response; |
12 | (ii) are accessible to the general public through a |
13 | common telephone number and, where feasible, through the |
14 | universal emergency telephone number 911; and |
15 | (iii) will have direct communications with |
16 | appropriate personnel facilities and equipment resources. |
17 | (4) The number and distribution of ambulances and other |
18 | EMS vehicles in which: |
19 | (i) ambulances and other vehicles meet appropriate |
20 | criteria relating to location, design, performance and |
21 | equipment; and |
22 | (ii) operators and other personnel staffing vehicles |
23 | meet appropriate training and experience requirements. |
24 | (5) The number and accessibility of facilities that: |
25 | (i) are collectively capable of providing EMS on a |
26 | continuous basis; |
27 | (ii) have appropriate specialty capabilities; |
28 | (iii) meet appropriate standards relating to |
29 | capacity, location, personnel and equipment; and |
30 | (iv) are coordinated with other health care |
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1 | facilities and resource centers. |
2 | (6) Access and transportation to trauma centers and |
3 | specialty care receiving facilities. |
4 | (7) Transfer of patients between facilities or to |
5 | programs offering necessary follow-up care and |
6 | rehabilitation. |
7 | (8) Utilization of appropriate personnel, facilities and |
8 | equipment of each entity providing EMS. |
9 | (9) Regional EMS councils that provide persons residing |
10 | in an EMS region, and who have no professional or financial |
11 | interest in the provision of health care, with an adequate |
12 | opportunity to participate in the making of policy for the |
13 | regional EMS system. |
14 | (10) The provision of EMS to all persons requiring those |
15 | services. |
16 | (11) A standardized data collection system that covers |
17 | all phases of the EMS incident, including, but not limited |
18 | to, the dispatch report and contact, treatment and transport |
19 | of a patient in the EMS system. |
20 | (12) Programs of public education, information and |
21 | prevention, integrated with public health education and |
22 | taking into account needs of visitors and residents, |
23 | concerning methods for accessing EMS and stressing |
24 | dissemination of information as to first aid and |
25 | cardiopulmonary resuscitation. |
26 | (13) The provision of periodic comprehensive review and |
27 | evaluation of the extent and quality of the EMS provided in |
28 | each regional EMS system and reports to the department of |
29 | each review or evaluation. |
30 | (14) Plans to assure that each regional EMS system will |
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1 | be able to provide or secure EMS during mass casualty |
2 | situations, natural disasters and declared states of |
3 | emergency in accordance with Chapter 71 (relating to general |
4 | provisions) and the instructions of the Pennsylvania |
5 | Emergency Management Agency. |
6 | (15) Appropriate intrastate and interstate arrangements |
7 | for the provision of EMS as needed. |
8 | (b) Limitations.--This section is intended to identify EMS |
9 | objectives to be pursued and achieved by the department in its |
10 | role as lead agency for EMS. Nothing herein shall be construed |
11 | to confer regulatory powers upon the department beyond those |
12 | conferred elsewhere in this chapter. |
13 | § 7205. Duties of department. |
14 | (a) Duty.--It shall be the duty of the department to assist |
15 | in the development of local EMS systems; plan, guide and |
16 | coordinate the development of regional EMS systems into a |
17 | unified Statewide system; and coordinate systems in this |
18 | Commonwealth with similar systems in neighboring states. |
19 | (b) Authority.--The department shall be the lead agency for |
20 | EMS in this Commonwealth. The department is authorized to: |
21 | (1) Coordinate a program for planning, developing, |
22 | maintaining, expanding, improving and upgrading EMS systems |
23 | in this Commonwealth. |
24 | (2) Establish, by regulation, standards and criteria |
25 | governing the awarding and administration of contracts and |
26 | grants under this chapter for initiation, maintenance and |
27 | improvement of regional EMS systems. |
28 | (3) Require collection and maintenance of patient data |
29 | and information in EMS patient care reports by EMS agencies. |
30 | (4) Collect, as deemed necessary and appropriate, data |
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1 | and information regarding patients who utilize emergency |
2 | departments without being admitted to the facility and |
3 | patients admitted through emergency departments, trauma |
4 | centers or directly to special care units, in a manner that |
5 | protects and maintains the confidential nature of patient |
6 | records. The data and information shall be reasonable in |
7 | detail and shall be collected pursuant to regulations issued |
8 | by the department. Data and information shall be limited to |
9 | that which may be used for specific planning, research and |
10 | quality improvement purposes and shall not be duplicative of |
11 | data and information already available to the department. |
12 | (5) Prepare and revise a Statewide EMS system plan under |
13 | section 7211 (relating to comprehensive plan). |
14 | (6) Define and approve training programs and accredit |
15 | educational institutions for EMS training of EMS providers. |
16 | (7) Provide technical assistance to local governments, |
17 | EMS agencies and other entities for the purpose of assuring |
18 | effective planning and execution of EMS. |
19 | (8) Administer contracts and grants authorized under |
20 | this chapter and other grants pertaining to EMS. |
21 | (9) Establish standards for the licensing, registration |
22 | and operation of EMS agencies, and inspect EMS agencies for |
23 | compliance with this chapter and regulations adopted under |
24 | this chapter. |
25 | (10) Maintain a quality improvement program for the |
26 | purpose of monitoring and improving the delivery of EMS. |
27 | (11) Promulgate regulations to establish standards and |
28 | criteria for EMS systems. |
29 | (12) Integrate all trauma centers accredited pursuant to |
30 | section 7207 (relating to Pennsylvania Trauma Systems |
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1 | Foundation) into the Statewide EMS system. |
2 | (13) Recommend to 911 and other EMS agency dispatchers |
3 | protocols with respect to the type and quantity of EMS |
4 | resources to dispatch to emergencies. |
5 | (14) Investigate, based upon complaints and information |
6 | received, possible violations of this chapter and regulations |
7 | under this chapter and take disciplinary actions, seek |
8 | injunctions and refer matters for criminal prosecution. |
9 | (15) Investigate complaints concerning delivery of |
10 | services by trauma centers and forward investigation results |
11 | to the appropriate accrediting entity with a recommendation |
12 | for action. |
13 | (16) Enter into agreements with other states which may |
14 | include, as appropriate to effectuate the purposes of this |
15 | chapter, the acceptance of EMS resources of other states that |
16 | do not fully satisfy the requirements of this chapter or |
17 | regulations adopted under this chapter. |
18 | (c) EMS protocols.--The department shall establish criteria |
19 | and protocols, including bypass protocols, for evaluation, |
20 | triage, treatment, transport, transfer and referral of patients |
21 | to ensure that they receive appropriate EMS and are transported |
22 | to the most appropriate facility. Regional EMS councils shall |
23 | not be eligible for contracts or grant funds or State EMS |
24 | Operating Fund disbursements unless they assist in ensuring |
25 | regional implementation of the criteria and protocols. Protocols |
26 | under this subsection are not subject to the rulemaking process. |
27 | § 7206. Emergency medical services patient care reports. |
28 | (a) Preparation.--An EMS agency shall ensure that its |
29 | responding EMS providers complete an EMS patient care report for |
30 | each response made in which it encounters a patient or a person |
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1 | who has been identified as a patient to the EMS agency, unless |
2 | the department by regulation exempts certain types of patient |
3 | contact from the reporting requirement. The department shall |
4 | employ an electronic EMS patient care reporting process that |
5 | shall solicit standardized data and patient information. The |
6 | department may require an EMS agency to complete a different |
7 | standardized report or different fields in a standardized report |
8 | based upon the type of resources the EMS agency uses in |
9 | responding. The department shall permit an EMS agency to file a |
10 | paper report for extraordinary reasons as determined by the |
11 | department on a case-by-case basis. |
12 | (b) Content.--The report shall contain information as |
13 | solicited on the form or other reporting process developed by |
14 | the department. The reporting process shall solicit essential |
15 | information in reasonable detail. The department may also use |
16 | the reporting process to collect data to enhance its ability to |
17 | carry out its responsibilities under sections 7204 (relating to |
18 | emergency medical services system programs) and 7205 (relating |
19 | to duties of department). |
20 | (c) Patient medical record.--If a patient is transported to |
21 | a hospital or from a hospital to another health care facility, |
22 | information about the patient and EMS performed on the patient |
23 | that is solicited through the reporting process shall be |
24 | provided by the EMS agency to the hospital or other health care |
25 | facility and become part of the patient's medical record. |
26 | (d) Reporting.--An EMS agency shall report to the department |
27 | or a regional EMS council, as determined by department |
28 | regulation, data that is solicited through the reporting |
29 | process. |
30 | (e) Confidentiality.-- |
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1 | (1) Patient information collected by an EMS agency shall |
2 | be confidential and shall not be released by the EMS agency |
3 | or a health care facility except as follows: |
4 | (i) To the patient who is the subject of the report |
5 | or to a person who is authorized to exercise the rights |
6 | of the patient with respect to securing the report. |
7 | (ii) Pursuant to an order of a court of competent |
8 | jurisdiction, including a subpoena when it constitutes a |
9 | court order, except that disclosure pursuant to a |
10 | subpoena shall not be permitted as to information in the |
11 | report that is of such nature that disclosure pursuant to |
12 | a subpoena is not otherwise authorized by law. |
13 | (iii) To a health care provider to whom a patient's |
14 | medical record may be released under the law. |
15 | (iv) For billing purposes. |
16 | (v) For quality improvement activities. |
17 | (vi) To the department or a regional EMS council for |
18 | the purpose of investigating possible violations of this |
19 | chapter or related regulations. |
20 | (vii) To a government agency or its agent, as |
21 | authorized by the department, for the purpose of the |
22 | agency performing official government duties. |
23 | (2) Notwithstanding the duty of confidentiality |
24 | applicable to department and regional EMS councils concerning |
25 | reports under paragraph (1), the report may be released for |
26 | specific research or EMS planning purposes approved by the |
27 | department, subject to department approval and supervision to |
28 | ensure that use of the report is strictly limited to the |
29 | purposes of the research. |
30 | (f) Vendors.--A vendor may not sell or otherwise provide or |
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1 | offer reporting forms or software marketed as appropriate for |
2 | use in making reports required under this section unless the |
3 | vendor submits the product to the department for review and |
4 | receives department approval. Thereafter, the vendor shall |
5 | submit any modification of the product to the department for |
6 | review and approval if the vendor intends to offer the modified |
7 | product for use in the EMS patient care reporting process. If |
8 | the department makes changes to the EMS patient care report, it |
9 | shall publish a notice of the changes in the Pennsylvania |
10 | Bulletin. The effective date for the changes shall be no fewer |
11 | than 60 days following publication. After publication of |
12 | changes, a vendor may not market a product as one appropriate |
13 | for use in making an EMS patient care report, any reporting |
14 | forms or software approved by the department prior to |
15 | publication of the changes, unless the vendor clearly discloses |
16 | that the forms or software were approved prior to publication of |
17 | the changes. The department may assess a vendor a $5,000 civil |
18 | penalty for each day a vendor violates the provisions of this |
19 | subsection. |
20 | § 7207. Pennsylvania Trauma Systems Foundation. |
21 | (a) Trauma center accreditation.--The foundation shall |
22 | develop a private voluntary accreditation program to: |
23 | (1) Establish standards for the operation of trauma |
24 | centers in this Commonwealth, adopting, at a minimum, current |
25 | guidelines for trauma centers defined by the American College |
26 | of Surgeons. Additionally, Level III trauma centers shall |
27 | meet accreditation criteria for Level III trauma centers |
28 | imposed by the act of March 24, 2004, (P.L.148, No.15), known |
29 | as the Pennsylvania Trauma Systems Stabilization Act. For the |
30 | purpose of reaccreditation, the standards shall require, at a |
|
1 | minimum, that each Level I trauma center establish that 600 |
2 | severe and urgent injury cases have been treated per year and |
3 | each Level II trauma center establish that 350 severe and |
4 | urgent injury cases have been treated per year. |
5 | (2) Evaluate a hospital making application to the |
6 | foundation to determine if the hospital meets the |
7 | foundation's standards. An evaluation shall include hospital |
8 | site visits by accreditation survey teams composed of |
9 | independent, qualified persons selected by the foundation. |
10 | (3) Issue certificates of accreditation to hospitals |
11 | that meet the accreditation standards. Certificates of |
12 | accreditation shall be valid for a period not to exceed three |
13 | years. Certificates of accreditation may be revoked by the |
14 | foundation if it is determined that the trauma center no |
15 | longer meets accreditation standards as set forth in this |
16 | chapter. |
17 | (4) Establish an appeal mechanism for reconsideration of |
18 | accreditation decisions. |
19 | (b) Judicial review.--A person aggrieved by a determination |
20 | of the foundation under this section may file a petition for |
21 | review within 30 days in an appropriate court of common pleas. |
22 | (c) Prohibition.--No hospital shall hold itself out as a |
23 | trauma center unless it has a current certificate of |
24 | accreditation issued under this section. |
25 | (d) Board of directors.--The board of directors of the |
26 | foundation shall consist of the following voting members: five |
27 | representatives of State organizations representing physicians; |
28 | five representatives of State organizations representing |
29 | hospitals; three representatives of State organizations |
30 | representing registered professional nurses; two representatives |
|
1 | of other Statewide EMS organizations having expertise in the |
2 | delivery of trauma services; the chairman and minority chairman |
3 | of the Public Health and Welfare Committee of the Senate or |
4 | designees chosen from among the members of the committee; the |
5 | chairman and minority chairman of the Health and Human Services |
6 | Committee of the House of Representatives or designees chosen |
7 | from among the members of the committee; and the Secretary of |
8 | Health or a designee. The bylaws of the foundation shall |
9 | identify a method to select members to achieve professional and |
10 | geographic balance on the board of directors. Terms of office |
11 | shall be limited to three years. |
12 | (e) Data collection.--The foundation shall compile and |
13 | maintain statistics on mortality and morbidity on multisystem |
14 | trauma victims. The data collection shall be coordinated and |
15 | performed in conjunction with State data collection activities. |
16 | § 7208. State Advisory Board. |
17 | (a) Designation and composition.--The board shall be |
18 | composed of volunteer, professional and paraprofessional |
19 | organizations involved in EMS. The board shall be geographically |
20 | representative of the provider organizations that represent EMS |
21 | providers, firefighters, regional EMS councils, physicians, |
22 | hospital administrators and other health care providers |
23 | concerned with EMS. The board may be composed of up to 30 |
24 | organizations. Each organization that is a member of the |
25 | Pennsylvania Emergency Health Services Council and is elected to |
26 | serve as a member on the board shall have one vote on the board. |
27 | (b) Duties.--The duties of the board shall be to: |
28 | (1) Elect officers. |
29 | (2) Advise the department concerning manpower and |
30 | training, communications, EMS agencies, content of |
|
1 | regulations, standards and policies promulgated by the |
2 | department under this chapter and other subjects deemed |
3 | appropriate by the department. |
4 | (3) Serve as the forum for discussion on the content of |
5 | the Statewide EMS system plan, or any proposed revisions |
6 | thereto, and advise the department as to the content of the |
7 | plan. |
8 | (c) Open meetings.--Meetings of the board shall be held in |
9 | accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings). |
10 | (d) Terms.--A voting member of the board shall serve a |
11 | three-year term. A voting member shall not serve more than two |
12 | consecutive terms. |
13 | (e) Quorum.--A simple majority of the voting members of the |
14 | board shall constitute a quorum for the transaction of business. |
15 | (f) Compensation.--Members of the board shall serve without |
16 | compensation, except the Pennsylvania Emergency Health Services |
17 | Council, through its contract or grant with the department, may |
18 | pay necessary and reasonable expenses incurred by members of the |
19 | board while performing their official duties. |
20 | (g) Contracts and grants.--The department shall contract |
21 | with or provide a grant to the board for performance of its work |
22 | under subsection (b). Contracts and grants between the |
23 | department and the board for the performance of work other than |
24 | under subsection (b) shall be subject to section 7212 (relating |
25 | to contracts and grants) where applicable. |
26 | § 7209. Regional emergency medical services councils. |
27 | (a) Purpose.--Regional EMS councils shall assist the |
28 | department in carrying out the provisions of this chapter. Each |
29 | regional EMS council shall adhere to policy direction from the |
30 | department. |
|
1 | (b) Organization.--For purposes of this chapter, the |
2 | organizational structure of a regional EMS council shall be |
3 | representative of the public, health professions and major |
4 | private and public voluntary agencies, organizations and |
5 | institutions concerned with providing EMS in the region and |
6 | shall be one of the following: |
7 | (1) A unit of general local government, with an advisory |
8 | council, meeting requirements for representation. |
9 | (2) A representative public entity administering a |
10 | compact or other area-wide arrangement or consortium. |
11 | (3) Any other public or private nonprofit entity that |
12 | meets requirements for representation as determined by the |
13 | department. |
14 | (c) Duties.--Each regional EMS council shall, if directed by |
15 | the department: |
16 | (1) Assist the department in achieving the Statewide and |
17 | regional EMS system components and goals described under |
18 | section 7204 (relating to emergency medical services system |
19 | programs). |
20 | (2) Assist the department in the collection and |
21 | maintenance of standardized data and information as provided |
22 | in section 7206 (relating to emergency medical services |
23 | patient care reports). |
24 | (3) Prepare, annually review and revise, as needed, a |
25 | regional EMS system plan for the EMS region the department |
26 | has designated and for which the department has contracted or |
27 | provided a grant to it to serve. |
28 | (4) Carry out, to the extent feasible, the Statewide and |
29 | regional EMS system plans. |
30 | (5) Assure the reasonable availability of training and |
|
1 | continuing education programs for EMS providers. |
2 | (6) Provide necessary and reasonable staff services and |
3 | appropriate and convenient office facilities that can serve |
4 | as the EMS region's location for the planning, maintenance |
5 | and coordinative and evaluative functions of the council. |
6 | (7) Establish a mechanism to provide for input from |
7 | facilities and EMS agencies in the EMS region in decisions |
8 | that include, but are not limited to, membership on its |
9 | governing body. |
10 | (8) Establish, subject to department approval, regional |
11 | EMS triage, treatment and transportation protocols consistent |
12 | with Statewide protocols adopted by the department. A |
13 | regional EMS council may also establish, subject to |
14 | department approval, additional triage, treatment and |
15 | transportation protocols. No regional protocol shall be |
16 | subject to the rulemaking process. |
17 | (9) Advise public safety answering points and municipal |
18 | and county governments as to the EMS resources available for |
19 | dispatching and recommend dispatch criteria that may be |
20 | developed by the department or the council as approved by the |
21 | department. |
22 | (10) Assist the department in achieving a unified |
23 | Statewide EMS system. |
24 | (11) Designate a regional EMS medical director and |
25 | establish a medical advisory committee and a quality |
26 | improvement committee. |
27 | (12) Develop a conflict of interest policy, subject to |
28 | department approval, and require its board or advisory |
29 | council members, officials and employees to agree to the |
30 | policy in writing. |
|
1 | (13) Perform other duties assigned by the department to |
2 | assist the department in carrying out the requirements of |
3 | this chapter. |
4 | (d) Regional EMS medical directors.--The department shall |
5 | consult with the regional EMS medical directors in developing |
6 | and adopting EMS protocols and may consult with them on any |
7 | matter involved in the department's administration of this |
8 | chapter. |
9 | SUBCHAPTER B |
10 | PROGRAM |
11 | Sec. |
12 | 7211. Comprehensive plan. |
13 | 7212. Contracts and grants. |
14 | 7213. Emergency medical services providers. |
15 | 7214. Emergency medical responders. |
16 | 7215. Emergency medical technicians. |
17 | 7216. Advanced emergency medical technicians. |
18 | 7217. Paramedics. |
19 | 7218. Prehospital registered nurses. |
20 | 7219. Prehospital physician extenders. |
21 | 7220. Prehospital emergency medical services physicians. |
22 | 7221. Certification sanctions. |
23 | 7222. Emergency medical services vehicle operators. |
24 | 7223. Suspension of certification. |
25 | 7224. Emergency medical services instructors. |
26 | 7225. Medical director of emergency medical services agency. |
27 | 7226. Medical command physicians and facility medical |
28 | directors. |
29 | 7227. Medical command facilities. |
30 | 7228. Receiving facilities. |
|
1 | 7229. Emergency medical services agencies. |
2 | 7230. Advanced life support ambulances. |
3 | 7231. Air ambulances. |
4 | 7232. Advanced life support squad vehicles. |
5 | 7233. Basic life support ambulances. |
6 | 7234. Basic life support squad vehicles. |
7 | 7235. Quick response services. |
8 | 7236. Special operations emergency medical services. |
9 | 7237. First aid and other safety services. |
10 | 7238. Other vehicles and services. |
11 | 7239. Stretcher and wheelchair vehicles. |
12 | 7240. Conditional temporary licenses. |
13 | 7241. Plans of correction. |
14 | 7242. Emergency medical services agency license sanctions. |
15 | § 7211. Comprehensive plan. |
16 | (a) Preparation.-- |
17 | (1) The department, with the assistance of the board, |
18 | shall prepare a Statewide EMS system plan, which plan shall |
19 | include both short-range and long-range goals and objectives, |
20 | and shall make the plan available to the General Assembly and |
21 | all concerned agencies, entities and individuals. |
22 | (2) A regional EMS system plan, upon approval of the |
23 | department, shall: |
24 | (i) Become part of the Statewide EMS system plan. |
25 | (ii) Include for the EMS region the same types of |
26 | information that subsection (b) requires for the |
27 | Statewide plan. |
28 | (b) Contents.--At a minimum, the Statewide plan shall |
29 | contain: |
30 | (1) An inventory of EMS resources available within this |
|
1 | Commonwealth. |
2 | (2) An assessment of the effectiveness of the existing |
3 | EMS system and a determination of the need for changes to the |
4 | EMS system. |
5 | (3) Performance measures for delivery of EMS to all |
6 | persons in this Commonwealth. |
7 | (4) Methods to be used in achieving the stated |
8 | performance measures. |
9 | (5) A schedule for achievement of the stated performance |
10 | measures. |
11 | (6) A method for monitoring and evaluating whether the |
12 | stated performance measures are being achieved. |
13 | (7) Estimated costs for achieving the stated performance |
14 | measures. |
15 | (c) Revisions.-- |
16 | (1) The department shall collect and analyze EMS data |
17 | for the purpose of: |
18 | (i) Revising the Statewide EMS system plan, |
19 | including determining the status of the Statewide EMS |
20 | system, the degree of compliance with the requirements of |
21 | this chapter and the effectiveness of EMS systems in |
22 | reducing morbidity and mortality associated with medical |
23 | emergencies. |
24 | (ii) Planning future EMS system initiatives. |
25 | (2) Persons regulated by the department under this |
26 | chapter and dispatchers of EMS agencies shall provide data, |
27 | without charge, as reasonably requested by the department and |
28 | regional EMS councils, to aid them in developing and revising |
29 | Statewide and regional EMS system plans and in conducting |
30 | investigations under this chapter as authorized by the |
|
1 | department. |
2 | (d) Annual reports.--The department shall annually publish |
3 | comprehensive and specific reports of activity and plan |
4 | implementation. |
5 | (e) Use of Statewide plan.-- |
6 | (1) The department shall use the Statewide plan for |
7 | contract and grant purposes as set forth in section 7212(a) |
8 | (relating to contracts and grants). |
9 | (2) Nothing in the Statewide plan shall be construed to |
10 | vest the department with any regulatory authority. |
11 | § 7212. Contracts and grants. |
12 | (a) General power.--The department may enter into contracts |
13 | or grants with entities to serve as regional EMS councils |
14 | responsible for the initiation, expansion, maintenance and |
15 | improvement of regional EMS systems that are in accordance with |
16 | the Statewide EMS system plan. |
17 | (b) Limitation.--An entity with which the department enters |
18 | into a contract or grant under this section to serve as a |
19 | regional EMS council shall carry out the duties assigned by the |
20 | department under section 7209(c) (relating to regional emergency |
21 | medical services councils). |
22 | (c) Purposes.--In contracting with or giving a grant to |
23 | regional EMS councils, the department may allocate Emergency |
24 | Medical Services Operating Fund moneys appropriated to the |
25 | department only for the following purposes: |
26 | (1) Providing programs of public education, information, |
27 | health promotion and prevention regarding EMS. |
28 | (2) Purchasing ambulances, other EMS vehicles, medical |
29 | equipment and rescue equipment. |
30 | (3) Applying to costs associated with conducting |
|
1 | training and testing programs for EMS providers. |
2 | (4) Applying to costs associated with inspections and |
3 | investigations conducted to assist the department to carry |
4 | out its regulatory authority under this chapter. |
5 | (5) Purchasing communications equipment and services, |
6 | including alerting equipment, provided that the purchases are |
7 | in accordance with the Statewide EMS system plan. |
8 | (6) Assisting with the merger of EMS agencies or |
9 | assisting an EMS agency to acquire another EMS agency, when |
10 | the department determines circumstances exist such that the |
11 | transaction and financial assistance are needed to serve the |
12 | public interest. |
13 | (7) Applying to costs associated with the maintenance |
14 | and operation of regional EMS councils. Those costs may |
15 | include, but shall not be limited to, salaries, wages and |
16 | benefits of staff, travel, equipment and supplies, leasing of |
17 | office space, and other costs incidental to the conduct of |
18 | business which are deemed by the department to be necessary |
19 | and appropriate for carrying out the purposes of this |
20 | chapter. |
21 | (8) Applying to costs associated with collection and |
22 | analysis of data necessary to evaluate the effectiveness of |
23 | EMS systems in providing EMS and to administer quality |
24 | improvement programs. |
25 | (9) Applying to costs associated with assisting EMS |
26 | agencies to recruit and retain EMS providers. |
27 | (d) Restriction.--In contracting with or providing grants to |
28 | regional EMS councils, the department may not allocate Emergency |
29 | Medical Services Operating Fund moneys appropriated to the |
30 | department for the following purposes: |
|
1 | (1) Acquisition, construction or rehabilitation of |
2 | facilities or buildings, except renovation as may be |
3 | necessary for the implementation or modification of EMS |
4 | communication systems. |
5 | (2) Purchasing hospital equipment, other than |
6 | communications equipment for medical command and receiving |
7 | facilities, unless the equipment is used or intended to be |
8 | used in an equipment exchange program with EMS agencies. |
9 | (3) Maintenance of ambulances, other EMS vehicles and |
10 | equipment. |
11 | (4) Applying to costs deemed by the department as |
12 | inappropriate for carrying out the purposes of this chapter. |
13 | (5) Applying to costs which are normally borne by |
14 | patients, except for extraordinary costs as determined by the |
15 | department. |
16 | (e) Reports.--The recipient of a contract or grant under |
17 | this chapter shall make reports to the department as may be |
18 | required by the department. |
19 | (f) Contract and grant prerequisites.--The department shall |
20 | not contract with or provide a grant to an entity for that |
21 | entity to serve as a regional EMS council unless: |
22 | (1) The entity has submitted a contract or grant |
23 | application to the department in a form and format prescribed |
24 | by the department that is consistent with the Statewide and |
25 | regional EMS system plans. |
26 | (2) The application addresses planning, maintenance and |
27 | improvement of the regional EMS system. |
28 | (3) The entity demonstrates to the department's |
29 | satisfaction the qualifications and commitment to plan, |
30 | maintain and improve a regional EMS system, and that the |
|
1 | entity has the required organizational structure and |
2 | provisions for representation of appropriate entities. |
3 | (g) Technical assistance.--The department shall provide |
4 | technical assistance, as appropriate, to regional EMS councils |
5 | and to such other eligible entities as necessary for the purpose |
6 | of their carrying out the provisions of contracts and grants |
7 | under this section, with special consideration for contractors |
8 | and grantees representing rural areas. |
9 | (h) Payments.--Payments pursuant to a contract or grant |
10 | under this section may be made in advance or by way of |
11 | reimbursement and in installments and on conditions as the |
12 | department determines will most effectively carry out the |
13 | provisions of this chapter. |
14 | (i) Other funds considered.-- |
15 | (1) In determining the amount of a contract or grant |
16 | under this section, the amount of funds available to the |
17 | contractor or grantee from non-State contributions and |
18 | Federal grant or contract programs pertaining to EMS shall be |
19 | taken into consideration. |
20 | (2) For purposes of this subsection, "non-State |
21 | contributions" include the outlay of cash and in-kind |
22 | services to the contractor or grantee or toward the operation |
23 | of a regional EMS system by private, public or government |
24 | third parties, including the Federal Government. |
25 | (j) Other contracts and grants.--The department may enter |
26 | into contracts and grants with organizations other than regional |
27 | EMS councils in order to assist the department in complying with |
28 | the provisions of this section and chapter. |
29 | (k) Public disclosure.-- |
30 | (1) Subject to the provisions of paragraph (2), |
|
1 | finalized contracts and grants shall be deemed public records |
2 | subject to disclosure. |
3 | (2) The department may not disclose information in |
4 | contracts or grants that could be used by persons to |
5 | undermine measures to combat, respond to or recover from |
6 | terrorist attacks. |
7 | (l) Sole source contract or grant.--Upon expiration of a |
8 | contract or grant with an entity to carry out the duties of a |
9 | regional EMS council as set forth in subsection (c), the |
10 | department, without undertaking a competitive bidding process, |
11 | may enter into a new contract or grant with the same entity for |
12 | that entity to continue to serve as a regional EMS council and |
13 | perform the duties set forth in subsection (c), as determined by |
14 | the department, if that entity, in carrying out the prior |
15 | contract or grant, demonstrated its ability and commitment to |
16 | the department's satisfaction to plan, maintain and improve the |
17 | regional EMS system consistent with the terms of the prior |
18 | contract or grant. |
19 | § 7213. Emergency medical services providers. |
20 | (a) Certification.--The department shall issue |
21 | certifications for the following types of EMS providers, which |
22 | shall be permanent, subject to disciplinary action pursuant to |
23 | section 7221 (relating to certification sanctions): |
24 | (1) Emergency medical responder. |
25 | (2) Emergency medical technician. |
26 | (3) Advanced emergency medical technician. |
27 | (4) Paramedic. |
28 | (5) Prehospital registered nurse. |
29 | (6) Prehospital physician extender. |
30 | (7) Prehospital EMS physician. |
|
1 | (8) Any other class of EMS provider the department |
2 | establishes by regulation. |
3 | (b) Other emergency medical services providers.--The |
4 | department may establish, by regulation as the need arises, |
5 | classes of EMS providers to provide specialized EMS. The |
6 | regulations shall establish certification, practice, |
7 | disciplinary and other provider standards consistent with the |
8 | purposes of this chapter, and the statutory regulatory schemes |
9 | applicable to paramedics except as necessary to meet the special |
10 | EMS needs for which the class of EMS provider is created. |
11 | (c) Application.--An applicant for EMS provider |
12 | certification shall complete an application for certification on |
13 | a form or through an electronic application process prescribed |
14 | by the department. |
15 | (d) Education.--The department shall assist, encourage and |
16 | coordinate the education of EMS providers. |
17 | (1) The department shall develop standards through |
18 | regulations for the accreditation, reaccreditation and |
19 | operation of educational institutes to provide the training |
20 | persons must successfully complete to be certified as EMS |
21 | providers. |
22 | (2) The department shall develop standards through |
23 | regulations for the approval of continuing education courses |
24 | for EMS providers and for the accreditation of persons and |
25 | Commonwealth agencies that provide continuing education EMS |
26 | providers may take to secure renewal of registration. |
27 | (3) The department, in consultation with the board, |
28 | shall review and update the permitted scope of continuing |
29 | education programs not less than biennially. |
30 | (4) If the educational institute or provider of |
|
1 | continuing education courses fails to satisfy the operational |
2 | standards or fails to continue to meet the accreditation |
3 | standards, the department may take one or more of the |
4 | following actions: |
5 | (i) Deny the application for reaccreditation. |
6 | (ii) Impose terms of probation. |
7 | (iii) Revoke, suspend, limit or otherwise restrict |
8 | the accreditation. |
9 | (iv) Impose a civil penalty not exceeding $1,000 for |
10 | each infraction. |
11 | (e) Examinations.-- |
12 | (1) A person who intends to secure EMS provider |
13 | certification shall take the required certification |
14 | examinations within one year after completing the EMS |
15 | provider training required for certification. |
16 | (2) Except as otherwise provided in this subsection, a |
17 | person who fails a written or practical skills examination |
18 | for an EMS provider certification may repeat the failed |
19 | examination without retaking the examination the person |
20 | passed. |
21 | (3) A person who fails the written examination three |
22 | times shall complete a refresher course approved by the |
23 | department or repeat the EMS provider training program before |
24 | taking the examination again. |
25 | (4) A person who fails the practical skills examination |
26 | three times shall complete a remedial course approved by the |
27 | department or repeat the EMS provider training program before |
28 | again taking the examination. |
29 | (5) A person who fails either examination six times or |
30 | who does not pass the required examinations within two years |
|
1 | after completing the EMS provider training program shall |
2 | receive no credit for an examination previously passed and |
3 | shall repeat the training program for the EMS provider |
4 | certification before the person may take the certification |
5 | examinations again. |
6 | (6) If the standards a person needs to satisfy to take a |
7 | certification examination change after the person has failed |
8 | the examination, the person may not retake the examination |
9 | unless the person meets the new standards. |
10 | (7) The department may, by regulation, change the |
11 | standards in this subsection. |
12 | (f) Reciprocity and endorsement.--The department may issue |
13 | EMS provider certifications by reciprocity or endorsement as |
14 | follows: |
15 | (1) If the department, upon review of the criteria for |
16 | certification of a type of EMS provider in another state, |
17 | determines that the criteria is substantially equivalent to |
18 | the criteria for a similar certification in this |
19 | Commonwealth, the department may enter into a reciprocity |
20 | agreement with its counterpart certifying agency in the other |
21 | state to certify that type of EMS provider based solely on |
22 | the other state's certification of the provider. No |
23 | reciprocity agreement may deprive the department from denying |
24 | a certification based on disciplinary considerations. |
25 | (2) If the department, upon review of a course or an |
26 | examination approved by another state for EMS provider |
27 | certification or continuing education, or upon review of a |
28 | national course or examination, determines that the course or |
29 | examination meets or exceeds the standards for such a course |
30 | or examination for a similar type of certification in this |
|
1 | Commonwealth, or for registration of the certification, the |
2 | department may endorse the course or examination as meeting |
3 | the course or examination requirements for that type of EMS |
4 | provider certification in acting upon an applicant's |
5 | application for certification or registration of the |
6 | certification in this Commonwealth. |
7 | (g) Skills.--The department shall publish in the |
8 | Pennsylvania Bulletin a list of skills within the scope of |
9 | practice of each type of EMS provider. The list shall be updated |
10 | by publication as necessary. |
11 | (h) Medical command orders and protocols.-- |
12 | (1) An EMS provider, other than a prehospital EMS |
13 | physician, shall provide EMS pursuant to department-approved |
14 | protocols and medical command orders. |
15 | (2) The protocols shall identify circumstances in which |
16 | an EMS provider shall seek direction from a medical command |
17 | physician, which direction may be given by the physician in |
18 | person or through an authorized agent or via radio or other |
19 | telecommunications device approved by the department, and |
20 | shall address the responsibilities of an EMS provider when |
21 | medical command cannot be secured or is disrupted. |
22 | (i) Reports of convictions, discipline and exclusions.-- |
23 | (1) An applicant for an EMS provider certification shall |
24 | report to the department all misdemeanor, felony and other |
25 | criminal convictions that are not summary or equivalent |
26 | offenses, and all disciplinary sanctions that have been |
27 | imposed upon a license, certification or other authorization |
28 | of the applicant to practice an occupation or profession, and |
29 | any exclusion from a Federal or State health care program of |
30 | the applicant or an entity in which the applicant had equity |
|
1 | or capital, stock or profits of the entity equal to at least |
2 | 5% of the value of the property or assets of the entity at |
3 | the time of the exclusion. |
4 | (2) The applicant shall also provide the department with |
5 | a certified copy of the criminal charging, judgment and |
6 | sentencing documents for each conviction and a certified copy |
7 | of an adjudication or other document imposing discipline |
8 | against the applicant. |
9 | (3) The department may not certify an applicant until |
10 | the department receives the documents, unless the applicant |
11 | establishes that the documents from which certified copies |
12 | are to be made no longer exist. |
13 | (4) An EMS provider shall report the same type of |
14 | convictions, disciplinary sanctions and exclusions and |
15 | provide the same documents to the department within 30 days |
16 | after each conviction, discipline and exclusion. |
17 | (j) Identification.-- |
18 | (1) An EMS provider shall provide proof of authority to |
19 | practice as an EMS provider if requested when providing |
20 | services as an EMS provider. |
21 | (2) For purposes of this subsection, "proof of authority |
22 | to practice" means a card or certificate issued by the |
23 | department that shows current registration of the EMS |
24 | provider's certification. |
25 | (k) Change of address.-- |
26 | (1) An EMS provider and an applicant for EMS provider |
27 | certification shall ensure that the department has the |
28 | current address at which the person can be reached by mail at |
29 | all times. |
30 | (2) Neither an EMS provider's home address, telephone |
|
1 | number nor any other residential contact information provided |
2 | to the department shall be deemed a public record. |
3 | (l) Current registration.--To provide EMS, an EMS provider |
4 | shall maintain current registration of his certification as an |
5 | EMS provider. |
6 | (m) Downgrading certification or practice.-- |
7 | (1) An EMS provider who has a currently registered |
8 | certification as an advanced EMT or higher-level EMS provider |
9 | and is not permitted to practice at that level by an EMS |
10 | agency pursuant to sections 7225(b)(2) (relating to medical |
11 | director of emergency medical services agency) and 7229(k) |
12 | (relating to emergency medical services agencies), may |
13 | function as a lower-level EMS provider for that EMS agency, |
14 | as authorized by the EMS agency medical director, if the EMS |
15 | agency permits. |
16 | (2) Upon expiration of the biennial registration period, |
17 | an EMS provider who is at or above the advanced EMT level and |
18 | whose practice for an EMS agency has been downgraded pursuant |
19 | to sections 7225(b)(2) and 7229(k) may choose to maintain |
20 | current registration of the EMS provider's certification by |
21 | meeting the biennial registration requirements for that |
22 | certification. |
23 | (3) An EMS provider who has a currently registered |
24 | certification as an advanced EMT or higher-level EMS provider |
25 | and does not meet the requirements for biennial registration |
26 | of that certification may apply to and secure from the |
27 | department registration of a lower-level EMS provider |
28 | certification if the EMS provider meets the registration |
29 | requirements for that certification. |
30 | (4) Instead of a registration certificate, the |
|
1 | department shall issue a lower-level certification to an EMS |
2 | provider who does not already have that certification and |
3 | applies for a registration of that certification under this |
4 | subsection. |
5 | (5) An EMS provider whose practice level has been |
6 | downgraded under this section and who does not maintain |
7 | current registration of the higher-level certification may |
8 | not display an insignia, patch or any other indicia of the |
9 | higher-level certification when providing EMS. |
10 | (n) Biennial registrations.-- |
11 | (1) The biennial registration of each EMS provider |
12 | certification, subject to a biennial registration requirement |
13 | shall expire on January 1 of the next even-numbered year. |
14 | (2) The continuing education requirements for the |
15 | biennial registration following the initial registration of a |
16 | certification shall be prorated based upon the month in which |
17 | the EMS provider became certified, with any fractional |
18 | requirement rounded down. |
19 | (o) Exceptions for members of armed forces returning from |
20 | tour of duty.--EMS providers and EMS vehicle operators returning |
21 | from active military service who have a certification |
22 | registration that expired during their tours of duty or will |
23 | expire within 12 months after their return from military duty |
24 | may secure an exception to satisfying the continuing education |
25 | requirements for certification registration as follows: |
26 | (1) EMS providers who have a triennial certification |
27 | registration requirement may secure an exception to the |
28 | period of time in which they would otherwise need to meet |
29 | continuing education requirements for triennial registration |
30 | of their certifications, as the department deems appropriate. |
|
1 | (2) EMS providers and EMS vehicle operators who have a |
2 | biennial certification registration requirement may secure an |
3 | exception to the period of time in which they would otherwise |
4 | need to meet continuing education requirements for biennial |
5 | registration of their certifications, as the department deems |
6 | appropriate. Before an EMS provider without a current |
7 | biennial registration begins to work for an EMS agency, the |
8 | EMS agency medical director must determine that the EMS |
9 | provider has continuing competency in the knowledge and |
10 | skills required to provide the services the EMS agency will |
11 | assign to the EMS provider. |
12 | (3) EMS providers may seek an exception to their |
13 | continuing education requirements for certification |
14 | registration by asking the department to endorse their |
15 | relevant military training as satisfying some or all of the |
16 | applicable continuing education requirements. |
17 | § 7214. Emergency medical responders. |
18 | (a) Scope of practice.--An EMR performs for an EMS agency |
19 | BLS skills involving basic interventions with minimum EMS |
20 | equipment as follows: |
21 | (1) As a member of a QRS to stabilize and improve a |
22 | patient's condition in an out-of-hospital emergency until a |
23 | higher-level EMS provider arrives at the scene and then may |
24 | assist that EMS provider. |
25 | (2) As a member of the crew of an ambulance. |
26 | (3) In another capacity as authorized by the department |
27 | by regulation. |
28 | (b) Certification.--The department shall certify as an EMR |
29 | an individual who meets all of the following: |
30 | (1) Is at least 16 years of age. |
|
1 | (2) Has successfully completed an EMR training course |
2 | approved by the department. |
3 | (3) Has a current certificate evidencing successful |
4 | completion of a CPR course acceptable to the department. |
5 | (4) Has passed an EMR skills practical examination |
6 | approved by the department. |
7 | (5) Has passed a written EMR certification examination |
8 | approved by the department. |
9 | (c) Triennial registration.--An EMR's certification is |
10 | deemed registered for three years after issuance. An EMR must |
11 | register the EMR certification at three-year intervals by |
12 | completing an application for triennial registration on a form |
13 | or through an electronic process, as prescribed by the |
14 | department. The following shall apply: |
15 | (1) The department shall issue a triennial registration |
16 | of an EMR certification to an EMR who meets all of the |
17 | following: |
18 | (i) Has a current registration and applies for a new |
19 | registration no later than: |
20 | (A) 30 days before the current registration is |
21 | to expire; or |
22 | (B) a lesser time established by regulation of |
23 | the department. |
24 | (ii) Successfully: |
25 | (A) completes EMR triennial registration |
26 | practical skills and written knowledge examinations |
27 | approved by the department; or |
28 | (B) secures continuing education credits for EMR |
29 | triennial registration as required by the department |
30 | in continuing education programs approved by the |
|
1 | department. |
2 | (2) An EMR whose registration of an EMR certification |
3 | has expired must qualify for a triennial registration of the |
4 | certification as prescribed by regulation of the department. |
5 | (d) Transition for first responders.--An individual who is |
6 | certified as a first responder on the effective date of this |
7 | section shall be considered to be an EMR with a current |
8 | registration and shall be subject to the triennial registration |
9 | requirements of an EMR. The registration of the EMR |
10 | certification shall expire on the same date the first responder |
11 | certification would have expired if the first responder |
12 | certification remained in effect. |
13 | (e) Transition for ambulance attendants.--An individual who |
14 | is an ambulance attendant on the effective date of this section |
15 | shall be considered to be an EMR with a current registration and |
16 | shall be subject to the triennial registration requirements of |
17 | an EMR. The registration of the EMR certification shall expire |
18 | on the same date that the person's qualifications as an |
19 | ambulance attendant expire and would have needed to be renewed. |
20 | § 7215. Emergency medical technicians. |
21 | (a) Scope of practice.--An EMT performs basic EMS skills |
22 | involving basic interventions and equipment found on an EMS |
23 | vehicle as follows: |
24 | (1) For an EMS agency as a member of the crew of an |
25 | ambulance. |
26 | (2) For an EMS agency as a member of a QRS to stabilize |
27 | and improve a patient's condition in an out-of-hospital |
28 | setting until an ambulance arrives, and then may assist the |
29 | ambulance crew. |
30 | (3) As a first aid or safety officer, or in a similar |
|
1 | capacity, for or independent of an EMS agency, as prescribed |
2 | by regulation of the department. |
3 | (4) For an EMS agency in another capacity authorized by |
4 | regulation of the department. |
5 | (b) Certification.--The department shall certify as an EMT |
6 | an individual who meets all of the following: |
7 | (1) Is at least 16 years of age. |
8 | (2) Has successfully completed an EMT training course |
9 | which: |
10 | (i) teaches basic EMS; and |
11 | (ii) is approved by the department. |
12 | (3) Has a current certificate evidencing successful |
13 | completion of a CPR course acceptable to the department. |
14 | (4) Has passed an EMT skills practical examination |
15 | approved by the department. |
16 | (5) Has passed a written EMT certification examination |
17 | approved by the department. |
18 | (c) Triennial registration.--An EMT's certification is |
19 | deemed registered for three years after issuance. An EMT must |
20 | register the EMT certification at three-year intervals by |
21 | completing an application for triennial registration on a form |
22 | or through an electronic process, as prescribed by the |
23 | department. The following shall apply: |
24 | (1) The department shall issue a triennial registration |
25 | of an EMT certification to an EMT who meets all of the |
26 | following: |
27 | (i) Has a current registration and applies for a new |
28 | registration no later than: |
29 | (A) 30 days before the current registration is |
30 | to expire; or |
|
1 | (B) a lesser time established by regulation of |
2 | the department. |
3 | (ii) Successfully: |
4 | (A) completes EMT triennial registration |
5 | practical skills and written knowledge examinations |
6 | approved by the department; or |
7 | (B) secures continuing education credits for EMT |
8 | triennial registration as required by the department |
9 | in continuing education programs approved by the |
10 | department. |
11 | (2) An EMT whose registration of an EMT certification |
12 | has expired must qualify for a triennial registration of the |
13 | certification as prescribed by regulation of the department. |
14 | § 7216. Advanced emergency medical technicians. |
15 | (a) Scope of practice.--An advanced EMT performs basic EMS |
16 | and ALS skills which include interventions and administration of |
17 | medications with basic and advanced equipment found on an EMS |
18 | vehicle as follows: |
19 | (1) For an EMS agency as a member of the crew of an |
20 | ambulance. |
21 | (2) For an EMS agency as a member of a QRS to stabilize |
22 | and improve a patient's condition in an out-of-hospital |
23 | emergency until an ambulance arrives at the scene and then |
24 | may assist the ambulance crew. |
25 | (3) As a first aid or safety officer, or in a similar |
26 | capacity, for or independent of an EMS agency, as prescribed |
27 | by regulation of the department. |
28 | (4) For an EMS agency in another capacity as authorized |
29 | by regulation of the department. |
30 | (b) Certification.--The department shall certify as an |
|
1 | advanced EMT an individual who meets all of the following: |
2 | (1) Is at least 18 years of age. |
3 | (2) Has successfully completed a course under |
4 | subparagraph (i) or (ii): |
5 | (i) An advanced EMT training course which: |
6 | (A) teaches basic life support skills; |
7 | (B) teaches advanced life support skills deemed |
8 | appropriate by regulation of the department; and |
9 | (C) is approved by the department. |
10 | (ii) An EMT course and secured training and |
11 | education, through continuing education courses, in |
12 | skills included in the scope of practice for an advanced |
13 | EMT for which the applicant did not receive training in |
14 | the EMT course. |
15 | (3) Has a current certificate evidencing successful |
16 | completion of a CPR course acceptable to the department. |
17 | (4) Has passed an advanced EMT skills practical |
18 | examination approved by the department. |
19 | (5) Has passed a written advanced EMT certification |
20 | examination approved by the department. |
21 | (c) Biennial registration.--An advanced EMT's certification |
22 | is deemed registered when the certification is issued. The |
23 | initial registration shall expire as set forth in section |
24 | 7213(n) (relating to emergency medical services providers). |
25 | Except for the initial registration period, an advanced EMT must |
26 | register the advanced EMT certification at two-year intervals by |
27 | completing an application for biennial registration on a form or |
28 | through an electronic process, as prescribed by regulation of |
29 | the department. The following shall apply: |
30 | (1) The department shall issue a biennial registration |
|
1 | of an advanced EMT certification to an advanced EMT who meets |
2 | all of the following: |
3 | (i) Has a current registration and applies for a new |
4 | registration no later than: |
5 | (A) 30 days before the current registration is |
6 | to expire; or |
7 | (B) a lesser time established by regulation of |
8 | the department. |
9 | (ii) Successfully: |
10 | (A) completes advanced EMT biennial registration |
11 | practical skills and written knowledge examinations |
12 | approved by the department; or |
13 | (B) secures continuing education credits for |
14 | advanced EMT biennial registration as required by the |
15 | department in continuing education programs approved |
16 | by the department. |
17 | (2) An advanced EMT whose registration of an advanced |
18 | EMT certification has expired must qualify for a biennial |
19 | registration of the certification as prescribed by regulation |
20 | of the department. |
21 | § 7217. Paramedics. |
22 | (a) Scope of practice.--A paramedic is a higher level EMS |
23 | provider than an advanced EMT. A paramedic performs basic and |
24 | advanced EMS skills which include interventions and |
25 | administration of medications with basic and advanced equipment |
26 | found on an EMS vehicle as follows: |
27 | (1) For an EMS agency as a member of the crew of an |
28 | ambulance. |
29 | (2) For an EMS agency as a member of a QRS to stabilize |
30 | and improve a patient's condition in an out-of-hospital |
|
1 | emergency until an ambulance arrives at the scene and then |
2 | may assist the ambulance crew. |
3 | (3) As a first aid or safety officer, or in a similar |
4 | capacity, for or independent of an EMS agency, as prescribed |
5 | by regulation of the department. |
6 | (4) For an EMS agency in another capacity authorized by |
7 | regulation of the department. |
8 | (b) Paramedic training.--To be eligible to enroll in a |
9 | paramedic training course required for certification as a |
10 | paramedic, an individual must satisfy all of the following: |
11 | (1) Be at least 18 years of age when the course |
12 | commences. |
13 | (2) Have a high school diploma or its equivalent. |
14 | (3) Be currently certified by the department as an EMT |
15 | or advanced EMT. |
16 | (c) Certification.--The department shall certify as a |
17 | paramedic an EMT or advanced EMT who meets all of the following: |
18 | (1) Is at least 18 years of age. |
19 | (2) Has successfully completed a paramedic training |
20 | course which: |
21 | (i) teaches basic life support skills; |
22 | (ii) teaches advanced life support skills deemed |
23 | appropriate by regulation of the department; and |
24 | (iii) is approved by the department. |
25 | (3) Has a current certificate evidencing successful |
26 | completion of a CPR course acceptable to the department. |
27 | (4) Has passed a paramedic skills practical examination |
28 | approved by the department. |
29 | (5) Has passed a written paramedic certification |
30 | examination approved by the department. |
|
1 | (d) Biennial registration.--A paramedic's certification is |
2 | deemed registered when the certification is issued. The initial |
3 | registration shall expire as set forth in section 7213(n) |
4 | (relating to emergency medical services providers). Except for |
5 | the initial registration period, a paramedic must register the |
6 | paramedic certification at two-year intervals by completing an |
7 | application for biennial registration on a form or through an |
8 | electronic process as prescribed by regulation of the |
9 | department. The following shall apply: |
10 | (1) The department shall issue a biennial registration |
11 | of a paramedic certification to a paramedic who meets all of |
12 | the following: |
13 | (i) Has a current registration and applies for a new |
14 | registration no later than: |
15 | (A) 30 days before the current registration is |
16 | to expire; or |
17 | (B) a lesser time established by regulation of |
18 | the department. |
19 | (ii) Successfully secures continuing education |
20 | credits for paramedic biennial registration as required |
21 | by the department in continuing education programs |
22 | approved by the department. |
23 | (2) A paramedic whose registration of a paramedic |
24 | certification has expired must qualify for a biennial |
25 | registration of the certification as prescribed by regulation |
26 | of the department. |
27 | § 7218. Prehospital registered nurses. |
28 | (a) Scope of practice.--A PHRN is a higher level EMS |
29 | provider than an advanced EMT. A PHRN performs for an EMS agency |
30 | basic and advanced EMS skills and, as authorized by the |
|
1 | department, additional nursing skills within the scope of |
2 | practice of a registered nurse under the act of May 22, 1951 |
3 | (P.L.317, No.69), known as The Professional Nursing Law, or a |
4 | successor act, as follows: |
5 | (1) As a member of the crew of an ambulance. |
6 | (2) As a member of a QRS to stabilize and improve a |
7 | patient's condition in an out-of-hospital emergency until an |
8 | ambulance arrives at the scene and then may assist the |
9 | ambulance crew. |
10 | (3) As a first aid or safety officer, or in a similar |
11 | capacity, as prescribed by regulation of the department. |
12 | (4) In another capacity as authorized by regulation of |
13 | the department. |
14 | (b) Certification.--The department shall certify as a PHRN |
15 | an individual who meets all of the following: |
16 | (1) Has a current license as a registered nurse with the |
17 | State Board of Nursing. |
18 | (2) Is at least 18 years of age. |
19 | (3) Has a current certificate evidencing successful |
20 | completion of a CPR course acceptable to the department. |
21 | (4) Has passed a PHRN skills practical examination |
22 | approved by the department. |
23 | (5) Has passed a written PHRN certification examination |
24 | approved by the department. |
25 | (c) Biennial registration.--A PHRN's certification is deemed |
26 | registered when the certification is issued. The initial |
27 | registration shall expire as set forth in section 7213(n) |
28 | (relating to emergency medical services providers). Except for |
29 | the initial registration period, a PHRN must register the PHRN |
30 | certification at two-year intervals by completing an application |
|
1 | for biennial registration on a form or through an electronic |
2 | process, as prescribed by regulation of the department. The |
3 | following shall apply: |
4 | (1) The department shall issue a biennial registration |
5 | of a PHRN certification to a PHRN who meets all of the |
6 | following: |
7 | (i) Has a current registration and applies for a new |
8 | registration no later than: |
9 | (A) 30 days before the current registration is |
10 | to expire; or |
11 | (B) a lesser time established by regulation of |
12 | the department. |
13 | (ii) Has current registration of a registered nurse |
14 | license. |
15 | (iii) Successfully secures continuing education |
16 | credits for a PHRN biennial registration as required by |
17 | the department, in continuing education programs approved |
18 | by the department. |
19 | (2) A PHRN whose registration of a PHRN certification |
20 | has expired must qualify for a biennial registration of the |
21 | certification as prescribed by regulation of the department. |
22 | § 7219. Prehospital physician extenders. |
23 | (a) Scope of practice.--A PHPE is a higher level EMS |
24 | provider than an advanced EMT. A PHPE performs for an EMS agency |
25 | basic and advanced EMS skills and, as authorized by regulation |
26 | of the department, additional physician assistant skills within |
27 | the scope of practice of a physician assistant under the act of |
28 | December 20, 1985 (P.L.457, No.112), known as the Medical |
29 | Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, |
30 | No.261), known as the Osteopathic Medical Practice Act, or a |
|
1 | successor act, as follows, but supervision of a PHPE shall be |
2 | conducted as set forth in this chapter: |
3 | (1) As a member of the crew of an ambulance. |
4 | (2) As a member of a QRS to stabilize and improve a |
5 | patient's condition in an out-of-hospital emergency until an |
6 | ambulance arrives at the scene and then may assist the |
7 | ambulance crew. |
8 | (3) As a first aid or safety officer, or in a similar |
9 | capacity, for an EMS agency as prescribed by regulation of |
10 | the department. |
11 | (4) In another capacity as authorized by regulation of |
12 | the department. |
13 | (b) Certification.--The department shall certify as a PHPE a |
14 | physician assistant who meets all of the following: |
15 | (1) Has a currently registered license as a physician |
16 | assistant with the State Board of Medicine or the State Board |
17 | of Osteopathic Medicine. |
18 | (2) Is at least 18 years of age. |
19 | (3) Has a current certificate evidencing successful |
20 | completion of a CPR course acceptable to the department. |
21 | (4) Has passed a PHPE skills practical examination |
22 | approved by the department. |
23 | (5) Has passed a written PHPE certification examination |
24 | approved by the department. |
25 | (c) Biennial registration.--A PHPE's certification is deemed |
26 | registered when the certification is issued. The initial |
27 | registration shall expire as set forth in section 7213(n) |
28 | (relating to emergency medical services providers). Except for |
29 | the initial registration period, a PHPE must register the PHPE |
30 | certification at two-year intervals by completing an application |
|
1 | for biennial registration on a form or through an electronic |
2 | process as prescribed by regulation of the department. The |
3 | following shall apply: |
4 | (1) The department shall issue a biennial registration |
5 | of a PHPE certification to a PHPE who: |
6 | (i) Has a current registration and applies for a new |
7 | registration no later than: |
8 | (A) 30 days before the current registration is |
9 | to expire; or |
10 | (B) a lesser time as established by regulation |
11 | of the department. |
12 | (ii) Has current registration of a physician |
13 | assistant license. |
14 | (iii) Successfully secures continuing education |
15 | credits for PHPE biennial registration as required by the |
16 | department in continuing education programs approved by |
17 | the department. |
18 | (2) A PHPE whose registration of a PHPE certification |
19 | has expired must qualify for a biennial registration of the |
20 | certification as prescribed by regulation of the department. |
21 | § 7220. Prehospital emergency medical services physicians. |
22 | (a) Scope of practice.--A prehospital EMS physician is a |
23 | higher level EMS provider than an advanced EMT. A prehospital |
24 | EMS physician performs for an EMS agency basic and advanced EMS |
25 | skills within the scope of practice of a physician under the act |
26 | of December 20, 1985 (P.L.457, No.112), known as the Medical |
27 | Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, |
28 | No.261), known as the Osteopathic Medical Practice Act, as |
29 | applicable, or a successor act, as follows: |
30 | (1) As a member of the crew of an ambulance. |
|
1 | (2) As a member of a QRS to stabilize and improve a |
2 | patient's condition in an out-of-hospital emergency. |
3 | (3) As a first-aid or safety officer, or in a similar |
4 | capacity, as prescribed by regulation of the department. |
5 | (4) In another capacity authorized by regulation of the |
6 | department. |
7 | (b) Certification.--The department shall certify as a |
8 | prehospital EMS physician a physician who has: |
9 | (1) Successfully completed one or more of the following: |
10 | (i) An emergency medicine residency program that is |
11 | accredited by a residency program accrediting body |
12 | recognized by the State Board of Medicine or the State |
13 | Board of Osteopathic Medicine. |
14 | (ii) The first year of an emergency medicine |
15 | residency program that satisfies the requirements of |
16 | subparagraph (i) and has successfully completed programs |
17 | approved by the department in advanced cardiac life |
18 | support, advanced trauma life support and advanced |
19 | pediatric life support. |
20 | (iii) An anesthesia, family practice, internal |
21 | medicine or general surgery residency program that is |
22 | accepted by either the State Board of Medicine or the |
23 | State Board of Osteopathic Medicine as providing the |
24 | graduate medical training the board requires for issuance |
25 | of a physician license without restriction and the |
26 | successful completion of programs approved by the |
27 | department in advanced cardiac life support, advanced |
28 | trauma life support and advanced pediatric life support. |
29 | (2) A current certificate evidencing successful |
30 | completion of a CPR course acceptable to the department. |
|
1 | (3) Passed an EMS skills practical examination approved |
2 | by the department or served as a prehospital health |
3 | professional physician prior to the effective date of this |
4 | section. |
5 | (c) Biennial registration.--A prehospital EMS physician's |
6 | certification is deemed registered when the certification is |
7 | issued. The initial registration shall expire under section |
8 | 7213(n) (relating to emergency medical services providers). |
9 | Except for the initial registration period, a prehospital EMS |
10 | physician shall register the prehospital EMS physician |
11 | certification at two-year intervals by completing an application |
12 | for biennial registration on a form or through an electronic |
13 | process as prescribed by the department. The following shall |
14 | apply: |
15 | (1) The department shall issue a biennial registration |
16 | of a prehospital EMS physician certification to a prehospital |
17 | EMS physician who meets all of the following: |
18 | (i) Has a current registration and applies for a new |
19 | registration no later than 30 days before the current |
20 | registration is to expire or within a lesser time period |
21 | as the department may establish by regulation. |
22 | (ii) Has current registration of a physician |
23 | license. |
24 | (iii) Successfully secures continuing education |
25 | credits for prehospital EMS physician biennial |
26 | registration as required by the department in continuing |
27 | education programs approved by the department. |
28 | (2) A prehospital EMS physician whose registration of a |
29 | prehospital EMS physician certification has expired shall |
30 | qualify for a biennial registration of the certification as |
|
1 | prescribed by regulation of the department. |
2 | (d) Transition for prehospital health professional |
3 | physicians.--A physician who served as a prehospital health |
4 | professional physician prior to the effective date of this |
5 | section and who satisfies the certification requirements under |
6 | subsection (b)(1) may serve as a prehospital EMS physician for |
7 | 90 days after the effective date of this section without having |
8 | secured a certification as a prehospital EMS physician. |
9 | § 7221. Certification sanctions. |
10 | (a) Grounds for discipline.--The department may discipline |
11 | an EMS provider or applicant for EMS provider certification for |
12 | any of the following reasons: |
13 | (1) Lack of physical or mental ability to provide |
14 | adequate services. |
15 | (2) Deceptive or fraudulent procurement or |
16 | representation of certification or registration credentials, |
17 | or for making misleading, deceptive or untrue representations |
18 | to secure or aid or abet another person to secure a |
19 | certification, license, registration or any other |
20 | authorization issued by the department under this chapter. |
21 | (3) Willful or negligent misconduct in providing EMS or |
22 | practicing beyond the scope of certification authorization |
23 | without legal authority to do so. |
24 | (4) Abuse or abandonment of a patient. |
25 | (5) The rendering of services while under the influence |
26 | of alcohol, illegal drugs or the knowing abuse of legal |
27 | drugs. |
28 | (6) The operation of an emergency vehicle in a reckless |
29 | manner or while under the influence of alcohol, illegal drugs |
30 | or the knowing abuse of legal drugs. |
|
1 | (7) Disclosure of medical or other information about a |
2 | patient where prohibited by Federal or State law. |
3 | (8) Willful preparation or filing of a false medical |
4 | report or record or the inducement of others to do so. |
5 | (9) Destruction of a medical report or record required |
6 | to be maintained. |
7 | (10) Refusal to render emergency medical care because of |
8 | a patient's race, sex, creed, national origin, sexual |
9 | preference, age, handicap, medical problem or financial |
10 | inability to pay. |
11 | (11) Failure to comply with department-approved |
12 | protocols. |
13 | (12) Failure to comply with reporting requirements |
14 | imposed under this chapter or as established by the |
15 | department. |
16 | (13) Practicing without the current registration of a |
17 | certification. |
18 | (14) Conviction of a felony, a crime related to the |
19 | practice of the EMS provider or a crime involving moral |
20 | turpitude. For the purposes of this paragraph, a conviction |
21 | includes a judgment of guilt, a plea of guilty or a plea of |
22 | nolo contendere. |
23 | (15) Willful falsification of or a failure to complete |
24 | details on an EMS patient care report. |
25 | (16) Misappropriation of drugs or EMS agency property. |
26 | (17) Having a certification or other authorization to |
27 | practice a profession or occupation revoked, suspended or |
28 | subjected to other disciplinary sanction. |
29 | (18) Violating or aiding or abetting another person to |
30 | violate a duty imposed under this chapter, a regulation |
|
1 | promulgated under this chapter or an order of the department |
2 | previously entered in a disciplinary proceeding. |
3 | (19) Based upon a finding of misconduct by the relevant |
4 | Federal or State agency, having been excluded from a Federal |
5 | or State health care program or having had equity or capital, |
6 | stock or profits of an entity equal to 5% or more of the |
7 | value of the property or assets of the entity when it was |
8 | excluded from a Federal or State health care program. |
9 | (20) Any other reason as determined by the department |
10 | which poses a threat to the health and safety of the public. |
11 | (b) Disciplinary options.--If the department is empowered to |
12 | take disciplinary action against an individual under this |
13 | section, the department may do one or more of the following: |
14 | (1) Deny the application for certification. |
15 | (2) Issue a public reprimand. |
16 | (3) Revoke, suspend, limit or otherwise restrict the |
17 | certification. |
18 | (4) Require the person to take refresher educational |
19 | courses. |
20 | (5) Impose a civil money penalty not exceeding $1,000 |
21 | for each incident in which the EMS provider engages in |
22 | conduct that constitutes a basis for discipline. |
23 | (6) Stay enforcement of any suspension, revocation or |
24 | other discipline and place the individual on probation with |
25 | the right to vacate the probationary order for noncompliance. |
26 | (c) Registration of certification.--The department shall not |
27 | deny a registration of an EMS provider certification without |
28 | giving the applicant prior notice of the reason for the denial |
29 | and providing an opportunity for a hearing. |
30 | (d) Reinstatement.--A person whose certification has been |
|
1 | revoked may not apply for reinstatement of that certification. A |
2 | person may petition the department for allowance to apply for a |
3 | new certification five years from the effective date of the |
4 | revocation by filing with the department a petition that avers |
5 | facts to establish that the person has been rehabilitated to an |
6 | extent that issuing the person a certification would not be |
7 | detrimental to the public interest. The department may grant or |
8 | deny the petition, without conducting a hearing, if it accepts |
9 | as true all facts averred, other than the conclusory averments, |
10 | such as that the person has been rehabilitated. If the |
11 | department grants the person allowance to apply for a new |
12 | certification, the person shall repeat the training program and |
13 | the certification examinations for the level of certification |
14 | for which the person is applying and satisfy all other |
15 | requirements for the certification that exist at the time of |
16 | reapplication. If the department does not grant the person |
17 | allowance to apply for a new certification, the person may not |
18 | again petition the department for allowance to apply for a new |
19 | certification until another year from the date of denial. |
20 | § 7222. Emergency medical services vehicle operators. |
21 | (a) Certification.--An EMS vehicle operator certification |
22 | shall be permanent, subject to disciplinary action under this |
23 | section. The department shall certify as an EMS vehicle operator |
24 | a person who meets all of the following: |
25 | (1) Completes an application for an EMS vehicle operator |
26 | certification on a form or through an electronic application |
27 | process, as prescribed by the department. |
28 | (2) Is at least 18 years of age. |
29 | (3) Has a current license to operate the vehicle. |
30 | (4) Is not addicted to alcohol or drugs. |
|
1 | (5) Is free from physical or mental defect or disease |
2 | that may impair the person's ability to drive an EMS vehicle. |
3 | (6) Has successfully completed an emergency vehicle |
4 | operator's course of instruction approved by the department. |
5 | (7) Has not: |
6 | (i) Been convicted within the last four years prior |
7 | to the date of application of driving under the influence |
8 | of alcohol or drugs. |
9 | (ii) Within the last two years prior to the date of |
10 | application, been convicted of reckless driving or had a |
11 | driver's license suspended due to use of drugs or alcohol |
12 | or a moving traffic violation. |
13 | (8) Has successfully completed an emergency vehicle |
14 | operator's course of instruction approved by the department |
15 | following a disqualification from certification under |
16 | paragraph (7), regardless of whether the person successfully |
17 | completed the course previously. |
18 | (b) Registration.--An EMS vehicle operator, other than an | <-- |
19 | EMS vehicle operator who operates a vehicle exclusively for a |
20 | QRS, shall register the EMS vehicle operator's certification. An | <-- |
21 | EMS vehicle operator who operates an EMS vehicle exclusively for |
22 | a QRS shall have no registration requirements. Except as |
23 | otherwise provided in this subsection, an EMS vehicle operator's |
24 | certification shall be deemed registered for three years after |
25 | issuance. An EMS vehicle operator may not operate a ground EMS |
26 | vehicle unless the certification is currently registered. The |
27 | following shall apply: |
28 | (1) The department shall issue a registration of an EMS |
29 | vehicle operator's certification to an EMS vehicle operator |
30 | who meets all of the following: |
|
1 | (i) Completes an application for registration on a |
2 | form or through an electronic application process, as |
3 | prescribed by the department. |
4 | (ii) Has a current registration and applies for a |
5 | new registration no later than 30 days before the current |
6 | registration is to expire, or within a lesser time period |
7 | as the department may establish by regulation. |
8 | (iii) Has a current license to operate the vehicle. |
9 | (iv) Successfully completes continuing education |
10 | credits for EMS vehicle operators as required by the |
11 | department in continuing education programs approved by |
12 | the department. |
13 | (2) If a person who is issued an EMS vehicle operator's |
14 | certification also has an EMS provider's certification, the |
15 | registration of the EMS vehicle operator's certification |
16 | shall expire at the same time as the registration of the EMS |
17 | provider's certification. If the person does not maintain |
18 | current registration of the EMS provider's certification, the |
19 | registration of the EMS vehicle operator's certification |
20 | shall continue on the same renewal cycle. If an EMS vehicle |
21 | operator who is an EMS provider becomes certified as a |
22 | higher-level EMS provider, the registration of the EMS |
23 | vehicle operator's certification shall expire at the same |
24 | time as the registration of the higher-level EMS provider's |
25 | certification. |
26 | (3) If an EMS provider's certification is subject to a |
27 | biennial registration cycle, the continuing education |
28 | requirements for the registration of the EMS vehicle |
29 | operator's certification following the initial registration |
30 | of the certification shall be prorated based upon the month |
|
1 | in which the EMS provider became certified, with any |
2 | fractional requirement rounded down. |
3 | (4) An EMS vehicle operator whose registration of an EMS |
4 | vehicle operator's certification has expired shall qualify |
5 | for a biennial registration of the certification as |
6 | prescribed by regulation of the department. |
7 | (c) Transition for EMS vehicle operators.--An individual who |
8 | served as an EMS vehicle operator prior to the effective date of |
9 | this section, and who satisfies the EMS vehicle operator's |
10 | certification requirements under subsection (a), may serve as an |
11 | EMS vehicle operator for 90 days after the effective date of |
12 | this section without having secured a certification as an EMS |
13 | vehicle operator. |
14 | (d) Grounds for discipline.--The department may suspend or |
15 | revoke, or, as applicable, refuse to issue an EMS vehicle |
16 | operator's certification for any of the following reasons: |
17 | (1) Lack of physical or mental ability to operate an EMS |
18 | vehicle. |
19 | (2) Deceptive or fraudulent procurement or |
20 | representation of certification or registration credentials, |
21 | or making misleading, deceptive or untrue representations to |
22 | secure a certification or registration. |
23 | (3) The operation of an emergency vehicle in a reckless |
24 | manner or while under the influence of alcohol, illegal drugs |
25 | or the knowing abuse of legal drugs. |
26 | (4) Having a driver's license suspended due to use of |
27 | alcohol or drugs or a moving traffic violation. |
28 | (5) Conviction of a felony or crime involving moral |
29 | turpitude. For the purposes of this paragraph, a conviction |
30 | includes a judgment of guilt, a plea of guilty or a plea of |
|
1 | nolo contendere. |
2 | (6) Failing to perform a duty imposed upon an EMS |
3 | vehicle operator under this chapter or a related regulation. |
4 | (7) Other reasons as determined by the department which |
5 | pose a threat to the health and safety of the public. |
6 | (e) Suspension of certification.--If the department suspends |
7 | a certification, it may also impose conditions for the lifting |
8 | of the suspension, including requiring the person to |
9 | successfully repeat an emergency vehicle operator's course |
10 | approved by the department. |
11 | (f) Reporting responsibilities and automatic suspension.--An |
12 | EMS vehicle operator shall report to the department within 30 |
13 | days a suspension of that person's driver's license or a |
14 | conviction of reckless driving, a felony, a misdemeanor or any |
15 | other crime that is not a summary offense or equivalent. For a |
16 | conviction of driving under the influence of alcohol or drugs, |
17 | reckless driving or for suspension of a driver's license, the |
18 | certification shall automatically be suspended for the periods |
19 | of time specified in subsection (a)(7). |
20 | (g) Change of address.-- |
21 | (1) An EMS vehicle operator and an applicant for an EMS |
22 | vehicle operator's certification shall ensure that the |
23 | department has the current address at which the person can be |
24 | reached by mail at all times. |
25 | (2) Neither an EMS vehicle operator's home address, |
26 | telephone number nor any other residential contact |
27 | information provided to the department shall be deemed a |
28 | public record. |
29 | § 7223. Suspension of certification. |
30 | (a) Temporary suspensions.--The department may temporarily |
|
1 | suspend the certification of an EMS provider or EMS vehicle |
2 | operator without a hearing if the department determines that the |
3 | person is a clear and immediate danger to the public health and |
4 | safety. Notice to a provider or operator of a temporary |
5 | suspension shall include a written statement of the underlying |
6 | factual allegations. After issuance of the notice, the |
7 | department shall commence formal disciplinary action against the |
8 | person under section 7221 (relating to certification sanctions) |
9 | or 7222 (relating to emergency medical services vehicle |
10 | operators). Within 30 days following the issuance of an order |
11 | temporarily suspending the certification, the department shall |
12 | conduct a preliminary hearing to determine if there is a prima |
13 | facie case supporting the temporary suspension. The person may |
14 | be present at the preliminary hearing and may be represented by |
15 | counsel, cross-examine witnesses, inspect physical evidence, |
16 | call witnesses and offer testimony and other evidence. If the |
17 | department determines that there is not a prima facie case, the |
18 | suspension shall be lifted immediately. If the department |
19 | determines that there is a prima facie case, the temporary |
20 | suspension shall remain in effect until vacated by the |
21 | department, but not longer than 180 days unless agreed upon by |
22 | the parties. |
23 | (b) Automatic suspensions.--The department shall |
24 | automatically suspend a certification issued under this chapter |
25 | upon receiving a certified copy of court records establishing |
26 | that the person has been adjudicated as incapacitated under 20 |
27 | Pa.C.S. § 5511 (relating to petition and hearing; independent |
28 | evaluation) or an equivalent statutory provision. The department |
29 | shall lift the suspension upon the person establishing to the |
30 | department that the person has been adjudicated to have regained |
|
1 | capacity under 20 Pa.C.S. § 5517 (relating to adjudication of |
2 | capacity and modification of existing orders) or an equivalent |
3 | statutory provision. |
4 | § 7224. Emergency medical services instructors. |
5 | (a) Certification.--An EMS instructor's certification is |
6 | permanently subject to disciplinary action under this section. |
7 | The department shall certify as an EMS instructor a person who: |
8 | (1) Completes an application for an EMS instructor's |
9 | certification on a form or through an electronic application |
10 | process, as prescribed by the department. |
11 | (2) Is at least 18 years of age. |
12 | (3) Has successfully completed an EMS instructor's |
13 | course approved by the department, or possesses a bachelor's |
14 | degree in education, a teacher's certification in education |
15 | or a doctorate or master's degree. |
16 | (4) Is certified and currently registered as an EMT or |
17 | higher-level EMS provider. |
18 | (5) Possesses current certification in a CPR course |
19 | acceptable to the department or current certification as a |
20 | CPR instructor. |
21 | (6) Has at least one year's experience working as an EMT |
22 | or higher-level EMS provider. |
23 | (7) Has provided at least 20 hours of monitored |
24 | instruction time in an EMS provider's certification program. |
25 | (b) Triennial registration.-- |
26 | (1) An EMS instructor's certification is deemed |
27 | registered for three years after issuance. An EMS instructor |
28 | shall register the EMS instructor's certification at three- |
29 | year intervals by completing an application for triennial |
30 | registration on a form or through an electronic process, as |
|
1 | prescribed by the department. An EMS instructor may not teach |
2 | in an accredited EMS institute, pursuant to an EMS |
3 | instructor's certification, unless the certification is |
4 | currently registered. The department shall issue a triennial |
5 | registration of an EMS instructor's certification to an EMS |
6 | instructor who: |
7 | (i) Has completed an application for triennial |
8 | registration on a form or through an electronic |
9 | application process, as prescribed by the department. |
10 | (ii) Has a current registration and applies for a |
11 | new registration no later than 30 days before the current |
12 | registration is to expire, or within lesser time as the |
13 | department may establish by regulation. |
14 | (iii) Has taught at least 60 hours of EMS provider's |
15 | certification or rescue courses approved by the |
16 | department during the previous three years. |
17 | (iv) Is certified and currently registered as an EMT |
18 | or higher-level EMS provider. |
19 | (v) Possesses current certification in a CPR course |
20 | acceptable to the department or current certification as |
21 | a CPR instructor. |
22 | (2) An EMS instructor whose registration as an EMS |
23 | instructor's certification has expired shall qualify for a |
24 | triennial registration of the certification as prescribed by |
25 | regulation of the department. |
26 | (c) Regulations.--The department may adopt regulations to |
27 | set standards for EMS instructors in providing instruction in |
28 | EMS institutions. |
29 | (d) Grounds for discipline.--The department may impose |
30 | discipline against an EMS instructor for the following reasons: |
|
1 | (1) Any reason an EMS provider may be disciplined under |
2 | section 7221 (relating to certification sanctions). |
3 | (2) Providing instruction while under the influence of |
4 | alcohol, illegal drugs or the knowing abuse of legal drugs. |
5 | (3) Failing to perform a duty imposed upon an EMS |
6 | instructor by this chapter or a related regulation. |
7 | (4) Other reasons as determined by the department that |
8 | pose a threat to the health, safety or welfare of students. |
9 | (e) Disciplinary options.--If the department is empowered to |
10 | impose discipline against an individual under this section, the |
11 | department may do one or more of the following: |
12 | (1) Deny the application for certification. |
13 | (2) Issue a public reprimand. |
14 | (3) Revoke, suspend, limit or otherwise restrict the |
15 | certification. |
16 | (4) Impose a civil money penalty not exceeding $1,000 |
17 | for each incident in which the EMS instructor engages in |
18 | conduct that constitutes a basis for discipline. |
19 | (5) Stay enforcement of any suspension, revocation or |
20 | other discipline and place the individual on probation with |
21 | the right to vacate the probationary order for noncompliance. |
22 | (f) Construction.--This section shall not be construed to |
23 | require the certification as EMS instructors of all instructors |
24 | of EMS courses accepted toward educational requirements for EMS |
25 | provider's certification or toward continuing education |
26 | requirements for the registration of EMS provider's |
27 | certifications. |
28 | § 7225. Medical director of emergency medical services agency. |
29 | (a) Qualifications.--To qualify and continue to function as |
30 | an EMS agency medical director, an individual shall: |
|
1 | (1) Be a physician. |
2 | (2) Satisfy one of the following: |
3 | (i) Have successfully completed an emergency |
4 | medicine residency program accredited by a residency |
5 | program accrediting body recognized by the State Board of |
6 | Medicine or the State Board of Osteopathic Medicine. |
7 | (ii) Have successfully completed a residency program |
8 | in surgery, internal medicine, family medicine, |
9 | pediatrics or anesthesiology, accredited by a residency |
10 | program accrediting body recognized by the State Board of |
11 | Medicine or the State Board of Osteopathic Medicine. The |
12 | physician shall also have successfully completed or |
13 | taught an advanced cardiac life support course acceptable |
14 | to the department within the preceding two years and have |
15 | completed, at least once, an advanced trauma life support |
16 | course acceptable to the department and an advanced |
17 | pediatric life support course acceptable to the |
18 | department, or other programs determined by the |
19 | department to meet or exceed the standards of these |
20 | programs. |
21 | (iii) Have served as an advanced life support |
22 | service medical director under the act of July 3, 1985 |
23 | (P.L.164, No.45), known as the Emergency Medical Services |
24 | Act, prior to the effective date of this chapter. |
25 | (3) Have a valid Drug Enforcement Agency number. |
26 | (4) Have completed the EMS agency medical director's |
27 | course, an EMS fellowship or other EMS training program that |
28 | is determined by the department to be equivalent. This |
29 | training shall assure that the EMS agency medical director |
30 | has knowledge of: |
|
1 | (i) The scope of practice of EMS providers. |
2 | (ii) The provision of EMS pursuant to department- |
3 | approved protocols. |
4 | (iii) The interface between EMS providers and |
5 | medical command physicians. |
6 | (iv) Quality improvement principles. |
7 | (v) Emergency medical dispatch principles and EMS |
8 | agency communication capabilities. |
9 | (vi) EMS system design and operation. |
10 | (vii) Federal and State laws and regulations |
11 | regarding EMS. |
12 | (viii) Regional and State mass casualty and disaster |
13 | plans. |
14 | (b) Roles and responsibilities.--An EMS agency medical |
15 | director is responsible for the following: |
16 | (1) Reviewing department-approved EMS protocols that are |
17 | applicable to the EMS agency and ensuring that its EMS |
18 | providers and other relevant personnel are familiar with the |
19 | protocols applicable to them. |
20 | (2) Conducting for and reporting to the EMS agency the |
21 | following: |
22 | (i) An initial assessment of an EMS provider at or |
23 | above the advanced EMT level to determine whether the EMS |
24 | provider has demonstrated competency in the knowledge and |
25 | skills one must have to competently perform the skills |
26 | within the scope of practice of the EMS provider at that |
27 | level, and a commitment to adequately perform other |
28 | functions relevant to the EMS provider providing EMS at |
29 | that level. This subparagraph does not apply if the EMS |
30 | provider was working for the EMS agency at the same level |
|
1 | prior to the physician becoming the medical director for |
2 | the EMS agency and the EMS provider was credentialed at |
3 | that EMS agency within the last year as being able to |
4 | perform at the EMS provider's certification level. |
5 | (ii) At least annually, an assessment of each EMS |
6 | provider at or above the advanced EMT level as to whether |
7 | the EMS provider has demonstrated competency in the |
8 | knowledge and skills an EMS provider must have to |
9 | competently perform the skills within the scope of |
10 | practice of the EMS provider at that level, and a |
11 | commitment to adequately perform other functions relevant |
12 | to the EMS provider providing EMS at that level. |
13 | (3) Participating in and reviewing quality improvement |
14 | reviews of patient care provided by the EMS agency and |
15 | participating in the Statewide and regional quality |
16 | improvement program. |
17 | (4) Providing medical guidance and advice to the EMS |
18 | agency. |
19 | (5) Providing guidance with respect to the ordering, |
20 | stocking and replacement of drugs, and compliance with laws |
21 | and regulations impacting upon the EMS agency's acquisition, |
22 | storage and use of those drugs. |
23 | (6) Maintaining a liaison with the regional EMS medical |
24 | director. |
25 | (7) Recommending to the department suspension, |
26 | revocation or restriction of EMS provider's certifications. |
27 | (8) Reviewing regional mass casualty and disaster plans. |
28 | (9) Performing other functions as the department may |
29 | impose by regulation. |
30 | § 7226. Medical command physicians and facility medical |
|
1 | directors. |
2 | (a) Role of medical command physician.--A medical command |
3 | physician communicates with and issues medical command orders to |
4 | EMS providers when they seek direction. A medical command |
5 | physician shall have an arrangement with a medical command |
6 | facility to provide medical command on its behalf, and shall |
7 | function under the direction of a medical command facility |
8 | medical director and under the policies and procedures of the |
9 | medical command facility. A medical command physician shall |
10 | provide medical command to EMS providers consistent with |
11 | Statewide protocols and protocols that are in effect in either |
12 | the region in which treatment originates or the region from |
13 | which the EMS providers begin receiving medical command from a |
14 | medical command physician. For good cause, a medical command |
15 | physician may give medical command orders that are inconsistent |
16 | with these protocols. |
17 | (b) Certification.--The department shall certify as a |
18 | medical command physician a physician who was approved as a |
19 | medical command physician in this Commonwealth immediately prior |
20 | to the effective date of this section. The department shall also |
21 | certify as a medical command physician a physician who: |
22 | (1) Completes an application for medical command |
23 | physician certification on a form or through an electronic |
24 | application process, as prescribed by the department. |
25 | (2) Satisfies one of the following: |
26 | (i) Has successfully completed an emergency medicine |
27 | residency program accredited by a residency program |
28 | accrediting body recognized by the State Board of |
29 | Medicine or the State Board of Osteopathic Medicine. |
30 | (ii) Has successfully completed or taught an |
|
1 | advanced cardiac life support course acceptable to the |
2 | department within the preceding two years and has |
3 | successfully completed or taught an advanced trauma life |
4 | support course acceptable to the department and an |
5 | advanced pediatric life support course acceptable to the |
6 | department, or other programs determined by the |
7 | department to meet or exceed the standards of these |
8 | programs. |
9 | (iii) Has had an emergency medicine practice in |
10 | another jurisdiction and establishes to the department |
11 | that the physician has a combination of training, |
12 | education and emergency medicine practice that makes the |
13 | physician qualified to serve as a medical command |
14 | physician. |
15 | (3) Has completed a medical command course offered or |
16 | approved by the department. |
17 | (4) Is practicing as an emergency medicine physician or |
18 | is participating as a resident in a second or subsequent year |
19 | in an emergency medicine residency program or has had at |
20 | least three years' experience as a full-time emergency |
21 | medicine physician. |
22 | (5) Has a current Drug Enforcement Agency number, except |
23 | for an emergency medicine resident who is authorized to use a |
24 | hospital's Drug Enforcement Agency number for practice within |
25 | the emergency medicine residency program. |
26 | (6) Has an arrangement with a medical command facility |
27 | to serve as a medical command physician for that facility |
28 | after receiving certification as a medical command physician. |
29 | (c) Triennial registration.--A medical command physician's |
30 | certification is deemed registered for three years after |
|
1 | issuance. A medical command physician shall triennially register |
2 | the physician's certification with the department, on a form or |
3 | through an electronic application process, as prescribed by the |
4 | department, as a condition for continued practice as a medical |
5 | command physician. The department shall issue a triennial |
6 | registration of a medical command physician's certification to a |
7 | medical command physician within 30 days after the physician |
8 | applies for a new registration if the physician demonstrates |
9 | that the physician continues to meet the requirements for the |
10 | certification, except the requirements of subsection (b)(2), and |
11 | satisfies such other requirements as the department may impose |
12 | by regulation. |
13 | (d) Residents.--A physician who is in a second year in an |
14 | emergency medicine residency program may issue medical command |
15 | orders only to the extent that performance of that function is a |
16 | component of and within the framework of the emergency medicine |
17 | residency program, and may do so only with supervision by a |
18 | medical command physician who has served as a medical command |
19 | physician for at least two years, has completed two years in an |
20 | emergency medicine residency program or has secured medical |
21 | command certification by satisfying subsection (b)(2)(iii). |
22 | (e) Role of medical command facility medical director.--A |
23 | medical command facility medical director shall be responsible |
24 | for the following in a medical command facility: |
25 | (1) Medical command. |
26 | (2) Quality improvement. |
27 | (3) Serving as a liaison with the regional EMS council |
28 | medical director. |
29 | (4) Participating in prehospital training activities. |
30 | (5) Verifying to the department that a physician seeking |
|
1 | a medical command physician's certification, based upon the |
2 | physician's arrangement with the medical command facility, |
3 | meets all certification requirements. |
4 | (6) Ensuring that the medical command facility satisfies |
5 | statutory and regulatory requirements. |
6 | (f) Certification.--The department shall certify as a |
7 | medical command facility medical director a physician who was |
8 | approved as a medical command facility medical director in this |
9 | Commonwealth immediately prior to the effective date of this |
10 | section. The department shall also certify as a medical command |
11 | facility medical director a physician who: |
12 | (1) Completes an application for medical command |
13 | facility medical director certification on a form or through |
14 | an electronic application process, as prescribed by the |
15 | department. |
16 | (2) Is currently serving as a medical command physician. |
17 | (3) Satisfies one of the following: |
18 | (i) Has successfully completed a residency program |
19 | in emergency medicine accredited by a residency program |
20 | accrediting body recognized by the State Board of |
21 | Medicine or the State Board of Osteopathic Medicine. |
22 | (ii) Has successfully: |
23 | (A) completed a residency program in surgery, |
24 | internal medicine, family medicine, pediatrics or |
25 | anesthesiology accredited by a residency program |
26 | accrediting body recognized by the State Board of |
27 | Medicine or the State Board of Osteopathic Medicine; |
28 | and |
29 | (B) completed or taught: |
30 | (I) an advanced cardiac life support course |
|
1 | acceptable to the department within the preceding |
2 | two years; |
3 | (II) an advanced trauma life support course |
4 | acceptable to the department; and |
5 | (III) an advanced pediatric life support |
6 | course acceptable to the department. |
7 | (4) Has experience in prehospital and emergency |
8 | department care of acutely ill or injured patients. |
9 | (5) Has experience in providing medical command |
10 | direction to EMS providers. |
11 | (6) Has experience in the training of EMS providers both |
12 | below and above the advanced EMT level. |
13 | (7) Has experience in the medical audit, review and |
14 | critique of EMS providers below and above the advanced EMT |
15 | level. |
16 | (8) Has an arrangement with a medical command facility |
17 | to serve as its medical director after receiving |
18 | certification as a medical command facility medical director. |
19 | (g) Triennial registration.--A medical command facility |
20 | medical director's certification is deemed registered for three |
21 | years after issuance. A medical command facility medical |
22 | director shall triennially register the physician's |
23 | certification with the department on a form or through an |
24 | electronic application process, as prescribed by the department, |
25 | as a condition for continued practice as a medical command |
26 | facility medical director. The department shall issue a |
27 | triennial registration of a medical command facility medical |
28 | director certification to a medical command facility medical |
29 | director within 30 days after the physician applies for a new |
30 | registration, if the physician demonstrates that the physician |
|
1 | continues to meet the requirements for the certification, except |
2 | the requirements of subsection (f)(3), and satisfies such other |
3 | requirements as the department may impose by regulation. |
4 | (h) Grounds for discipline.--The department may discipline a |
5 | medical command physician or medical command facility medical |
6 | director for the following reasons: |
7 | (1) Violating a responsibility imposed on the physician |
8 | by this chapter or the related regulations. |
9 | (2) Without good cause, failing to comply with a medical |
10 | treatment, transport or transfer protocol established or |
11 | approved by the department. |
12 | (i) Types of discipline authorized.--When the department is |
13 | empowered to discipline a medical command physician or medical |
14 | command facility medical director under subsection (h), the |
15 | department may do one or more of the following: |
16 | (1) Deny the application for a certification. |
17 | (2) Issue a public reprimand. |
18 | (3) Revoke, suspend, limit or otherwise restrict or |
19 | condition the certification. |
20 | (4) Impose a civil money penalty not exceeding $1,000 |
21 | for each incident in which the physician engages in conduct |
22 | that constitutes a basis for discipline. |
23 | (5) Stay enforcement of any suspension, revocation or |
24 | other discipline and place the individual on probation with |
25 | the right to vacate the probationary order for noncompliance. |
26 | § 7227. Medical command facilities. |
27 | (a) Certification required.--To operate as a medical command |
28 | facility, a medical unit must be certified by the department as |
29 | a medical command facility. The department shall issue a |
30 | certification to each medical unit that operated as a medical |
|
1 | command facility immediately prior to the effective date of this |
2 | section. |
3 | (b) Application.--Application for certification shall be on |
4 | a form or through an electronic application process prescribed |
5 | by the department. The application shall solicit information |
6 | necessary to determine that the applicant meets the |
7 | certification requirements of this chapter. |
8 | (c) Requirements.--An applicant shall establish that the |
9 | applicant: |
10 | (1) Is a distinct medical unit operated by a hospital or |
11 | consortium of hospitals. |
12 | (2) Possesses the necessary equipment and personnel for |
13 | providing medical command to and control over EMS providers. |
14 | (3) Employs a medical command facility medical director. |
15 | (4) Has taken measures necessary to ensure that a |
16 | medical command physician is available to provide medical |
17 | command at all times. |
18 | (5) Meets the communication, recordkeeping and other |
19 | requirements of the department. |
20 | (d) Additional requirements.--In addition to the |
21 | requirements of subsection (c), the department may establish by |
22 | regulation requirements for a medical command facility to ensure |
23 | that it operates in an effective and efficient manner to achieve |
24 | the purposes for which it is certified. |
25 | (e) Triennial registration.--A medical command facility's |
26 | certification is deemed registered for three years after |
27 | issuance. A medical command facility must register its |
28 | certification at three-year intervals by completing an |
29 | application for triennial registration on a form or through an |
30 | electronic application process prescribed by the department. The |
|
1 | department shall grant or deny recertification within 30 days of |
2 | receipt of the application. |
3 | (f) Inspections and inquiries.--The department shall conduct |
4 | an inspection of the medical unit of each applicant and also |
5 | inspect existing medical command facilities from time to time as |
6 | appropriate, but not less than once every three years. The |
7 | department shall have full and free access to examine the |
8 | medical command facility and its records relating to its |
9 | operation as a medical command facility. The medical command |
10 | facility shall fully respond to any inquiry by the department |
11 | relevant to the determination of whether the facility meets |
12 | certification and operational requirements. |
13 | (g) Grounds for discipline.--The department may discipline a |
14 | medical command facility for the following reasons: |
15 | (1) Violating a requirement of this section. |
16 | (2) Violating a certification requirement or an |
17 | operational requirement imposed under subsection (d). |
18 | (3) Refusing to permit an inspection or respond to an |
19 | inquiry under subsection (f). |
20 | (4) Failing to comply, without just cause, with a |
21 | medical treatment, transport or transfer protocol approved by |
22 | the department. |
23 | (h) Types of discipline.--When the department is empowered |
24 | to discipline a medical command facility, the department may do |
25 | one or more of the following: |
26 | (1) Deny the application for a certification. |
27 | (2) Issue a public reprimand. |
28 | (3) Revoke, suspend, limit or otherwise restrict or |
29 | condition the certification. |
30 | (4) Impose a civil money penalty of up to $5,000 for |
|
1 | each act that presents a basis for discipline. |
2 | (5) Stay enforcement of any suspension, revocation or |
3 | other discipline and place the facility on probation with the |
4 | right to vacate the probationary order for noncompliance. |
5 | § 7228. Receiving facilities. |
6 | (a) Purpose.--A receiving facility is a facility to which an |
7 | ambulance may transport a patient who requires prompt medical |
8 | care in addition to that provided by the ambulance crew after |
9 | the crew responds to an emergency. |
10 | (b) Requirements.--A receiving facility shall include, but |
11 | need not be limited to, a fixed location having an organized |
12 | emergency department, including a physician trained to manage |
13 | cardiac, trauma, pediatric, medical, behavioral and all-hazards |
14 | emergencies, who is present in the facility and available to the |
15 | emergency department 24 hours per day and seven days per week. |
16 | By regulation, the department may authorize other types of |
17 | facilities to serve as receiving facilities for purposes of |
18 | serving patients who have special medical needs. |
19 | (c) Patient transports.--Unless directed otherwise by a |
20 | medical command physician, the initial transport of a patient |
21 | following an ambulance response to a reported emergency shall be |
22 | to a receiving facility pursuant to a protocol under section |
23 | 7205(c) (relating to duties of department) or 7209(c)(8) |
24 | (relating to regional emergency medical services councils) or |
25 | such other location as the department designated by protocol. |
26 | § 7229. Emergency medical services agencies. |
27 | (a) License required.--A person may not, as an owner, agent |
28 | or otherwise, operate, conduct, maintain, advertise or otherwise |
29 | engage in or profess to be engaged in operating or providing an |
30 | ambulance, advanced life support squad vehicle, basic life |
|
1 | support squad vehicle, quick response service, special |
2 | operations EMS service or other vehicle or service as prescribed |
3 | by the department by regulation to provide EMS outside a health |
4 | care facility or on roadways, airways or waterways of this |
5 | Commonwealth unless the person holds a current EMS agency |
6 | license authorizing the particular service or operation. |
7 | (b) Application.--An application for an EMS agency license |
8 | shall be submitted on a form or through an electronic |
9 | application process prescribed by the department. |
10 | (c) Issuance of license.--The department shall issue a |
11 | license to an applicant when it is satisfied that: |
12 | (1) The applicant and persons having substantial |
13 | ownership interests in the applicant are responsible persons |
14 | and the EMS agency will be staffed by and conduct its |
15 | activities utilizing responsible persons. For purposes of |
16 | this paragraph: |
17 | (i) a responsible person is a person who has not |
18 | engaged in any act contrary to justice, honesty or good |
19 | morals which indicates that the person is likely to |
20 | betray the public trust in carrying out the activities of |
21 | an EMS agency, or a person who has engaged in such |
22 | conduct but has been rehabilitated and establishes that |
23 | he or she is not likely to again betray the public trust; |
24 | (ii) a person has a substantial ownership interest |
25 | if the person has equity in the capital, stock or the |
26 | profits of the EMS agency equal to 5% or more of the |
27 | value of the property or assets of the EMS agency; and |
28 | (iii) a person staffs an EMS agency if the person |
29 | engages in an activity integral to operation of the EMS |
30 | agency, including, but not limited to, making or |
|
1 | participating in the making or execution of management |
2 | decisions, providing EMS, billing, call-taking and |
3 | dispatching. |
4 | (2) The applicant meets supply and equipment |
5 | requirements and each ambulance or other vehicle that will be |
6 | used in providing EMS is adequately constructed and equipped |
7 | and will be maintained and operated to safely and efficiently |
8 | render the services offered. |
9 | (3) The applicant will meet the staffing standards for |
10 | its vehicles and services. |
11 | (4) The applicant will provide safe and efficient |
12 | services that are adequate for the emergency medical care, |
13 | the treatment and comfort and, when appropriate, the |
14 | transportation of patients. |
15 | (5) The applicant will have an EMS agency medical |
16 | director who, in addition to satisfying the criteria of |
17 | section 7225(a) (relating to medical director of emergency |
18 | medical services agency), satisfies other criteria the |
19 | department may establish by regulation based on the types of |
20 | vehicles and services the applicant intends to provide under |
21 | the EMS agency license. |
22 | (6) The applicant is in compliance with the rules and |
23 | regulations promulgated under this chapter. |
24 | (d) Persons under 18 years of age.--An EMS agency shall |
25 | ensure that a person under 18 years of age, when providing EMS |
26 | on behalf of the EMS agency, is directly supervised by an EMS |
27 | provider who is at least 21 years of age who has the same or |
28 | higher level of EMS provider certification and at least one year |
29 | of active practice as an EMS provider. |
30 | (e) Triennial registration.--An EMS agency's license is |
|
1 | deemed registered for three years after the issuance. An EMS |
2 | agency must register its license at three-year intervals by |
3 | completing an application on a form or through an electronic |
4 | application process prescribed by the department. The department |
5 | shall act on the application within 90 days of receipt of a |
6 | complete and accurate application. The department shall not deny |
7 | a registration of a license without giving the applicant prior |
8 | notice of the reason for denial and providing an opportunity for |
9 | a hearing. |
10 | (f) Nontransferability of license.--An EMS agency may not |
11 | transfer its license. An EMS agency may enter into a contract |
12 | with another entity for that entity to manage the EMS agency if |
13 | that entity has been approved by the department to manage an EMS |
14 | agency. The department may deny approval to an entity to provide |
15 | management services for an EMS agency if: |
16 | (1) the entity is not in compliance with this chapter or |
17 | applicable regulations; |
18 | (2) the entity is not a responsible person as defined in |
19 | subsection (c)(1)(i); |
20 | (3) a person having a substantial ownership interest in |
21 | the entity is not a responsible person; |
22 | (4) the entity will not be staffed by or conduct its |
23 | activities through responsible persons; or |
24 | (5) the entity refuses to provide the department with |
25 | records or information reasonably requested to enable the |
26 | department to make a determination. |
27 | (g) Display.--As prescribed by department regulation, a |
28 | current department-issued inspection sticker shall be displayed |
29 | on each ambulance, advanced life support squad vehicle, basic |
30 | life support squad vehicle and, as required by regulation, any |
|
1 | other EMS vehicle authorized by the department. |
2 | (h) Inspection.--The department or its agent shall inspect |
3 | an applicant's vehicles, equipment and personnel qualifications |
4 | prior to granting an EMS agency license and shall inspect an EMS |
5 | agency from time to time, as deemed appropriate and necessary, |
6 | but not less than once every three years. |
7 | (i) Dispatching.-- |
8 | (1) An EMS agency that operates a communications center |
9 | dispatching EMS resources shall use call-takers and |
10 | dispatchers who satisfy the requirements of the Pennsylvania |
11 | Emergency Management Agency under section 3(a)(6) of the act |
12 | of July 9, 1990 (P.L.340, No.78), known as the Public Safety |
13 | Emergency Telephone Act, and shall use an emergency medical |
14 | dispatch program approved by the department. An emergency |
15 | medical dispatch program is a system or program that enables |
16 | patients to be assessed and treated via telecommunication by |
17 | using accepted medical dispatch standards. |
18 | (2) Operation by an EMS agency of a communications |
19 | center that dispatches EMS resources shall be considered part |
20 | of the EMS agency's licensed operation and shall be subject |
21 | to the requirements of this chapter and the department's |
22 | regulations. |
23 | (j) Construction, equipment and supplies.--Within two years |
24 | after the effective date of this chapter, the department shall |
25 | publish in the Pennsylvania Bulletin, and update as necessary, |
26 | vehicle construction and equipment and supply requirements for |
27 | EMS agencies in this Commonwealth based upon the types of EMS |
28 | vehicles operated and the services provided. |
29 | (k) Implementation of credentialing decisions.--An EMS |
30 | agency may not permit an EMS provider at or above the advanced |
|
1 | EMT level to provide EMS at that level unless its EMS agency |
2 | medical director apprises that the EMS provider satisfies the |
3 | criteria of section 7225(b)(2). An EMS agency may permit an EMS |
4 | provider who does not satisfy the section 7225(b)(2) criteria to |
5 | continue to work for the EMS agency at a lower EMS provider |
6 | level if the EMS provider is authorized to do so by the EMS |
7 | agency medical director. The EMS agency shall notify the |
8 | department of that decision within ten days after it is made. If |
9 | the EMS agency medical director has determined that the EMS |
10 | provider has not demonstrated competency in the knowledge and |
11 | skills necessary to competently perform the skills within the |
12 | scope of practice of the EMS provider at that level or has not |
13 | demonstrated a commitment to adequately perform other functions |
14 | relevant to the EMS provider providing EMS at that level, and |
15 | the EMS agency medical director chooses to impose restrictions |
16 | on the EMS provider's practice, such as requiring the EMS |
17 | provider to function under the supervision of another EMS |
18 | provider or requiring the EMS provider to contact a medical |
19 | command physician prior to providing EMS, then the EMS agency |
20 | may permit the EMS provider to provide EMS only with the |
21 | restrictions directed by the EMS agency medical director. |
22 | (l) Staffing.--The department may by regulation revise the |
23 | staffing standards for ambulances, squad vehicles and quick |
24 | response services set forth in sections 7230 (relating to |
25 | advanced life support ambulances), 7231 (relating to air |
26 | ambulances), 7232 (relating to advanced life support squad |
27 | vehicles), 7233 (relating to basic life support ambulances), |
28 | 7234 (relating to basic life support squad vehicles) and 7235 |
29 | (relating to quick response services). |
30 | (m) Custody or control of patient.--If a law enforcement |
|
1 | officer is at the scene of a police incident when an EMS |
2 | provider arrives, the law enforcement officer may preclude the |
3 | EMS provider from entering the scene to provide EMS until the |
4 | law enforcement officer determines that it is safe for the EMS |
5 | provider to enter. Under such circumstances, the law enforcement |
6 | officer shall permit the EMS provider access to the patient |
7 | before the officer transports the patient. If, pursuant to a |
8 | medical treatment protocol or medical command order, an EMS |
9 | agency is required to transport to a receiving facility a |
10 | patient whom a law enforcement officer has taken or wants to |
11 | take into custody or whom the law enforcement officer believes |
12 | needs to be spoken with immediately, the EMS agency shall |
13 | transport the patient to a receiving facility and the law |
14 | enforcement officer shall have discretion to accompany the |
15 | patient in the EMS vehicle and authority to employ security |
16 | precautions deemed necessary by the law enforcement officer to |
17 | ensure the safety of the officer and others, except that the |
18 | security precautions shall not unreasonably interfere with the |
19 | provision of EMS to the patient. |
20 | (n) Cessation of operations.--Upon suspension or revocation |
21 | of a license, the EMS agency shall cease operations and no |
22 | person shall permit or cause the EMS agency to continue. |
23 | (o) Discontinuance or reduction of service.--An EMS agency |
24 | shall not discontinue providing service it is licensed to |
25 | provide or reduce the hours when it provides service until a |
26 | minimum of 90 days after notifying the department in writing of |
27 | the change. Notice shall include a statement that the licensee |
28 | has notified the chief executive officer of each political |
29 | subdivision in the licensee's service area of the intent to |
30 | discontinue providing the service or reduce the hours it |
|
1 | provides the service and that the intent to discontinue or |
2 | reduce hours has been advertised in a newspaper of general |
3 | circulation in the licensee's service area. |
4 | (p) Regulations.--The department shall promulgate |
5 | regulations setting forth requirements for EMS agencies in this |
6 | Commonwealth based upon the types of EMS vehicles they operate |
7 | and the services they provide. |
8 | (q) Transition for ambulance services and quick response |
9 | services.--Upon the effective date of this section, an entity |
10 | that is licensed as an ambulance service or recognized as a QRS |
11 | immediately prior to the effective date of this section may |
12 | continue to operate as an EMS agency if it meets the staffing |
13 | and other operational requirements of this chapter, and it shall |
14 | be considered to be an EMS agency with a current registration of |
15 | its license. The initial registration of the EMS agency's |
16 | license shall expire on the same date that the entity's license |
17 | as an ambulance service or recognition as a QRS would have |
18 | expired if it had remained in effect. |
19 | (r) Exemptions.--The following are exempt from the licensing |
20 | provisions of this chapter: |
21 | (1) Privately owned vehicles not ordinarily used to |
22 | transport patients. |
23 | (2) An EMS agency licensed in another state and not |
24 | under this chapter that is dispatched to respond to an |
25 | emergency within this Commonwealth when an EMS vehicle or |
26 | service licensed under this chapter is unable to respond |
27 | within a reasonable time or its response is not sufficient to |
28 | deal with the emergency. |
29 | (3) An EMS agency licensed in another state that limits |
30 | its operations in this Commonwealth to the transportation, |
|
1 | and provision of medical care incidental to transportation of |
2 | patients and other persons requiring transportation by EMS |
3 | vehicles from locations outside this Commonwealth to |
4 | locations within this Commonwealth. |
5 | (4) EMS vehicles owned and operated by an agency of the |
6 | Federal Government. |
7 | § 7230. Advanced life support ambulances. |
8 | (a) Purpose.--An ALS ambulance crew provides medical |
9 | assessment, triage, monitoring, treatment, transportation and |
10 | observation of patients who require EMS above the skill level of |
11 | an advanced EMT. |
12 | (b) Staffing requirements.-- |
13 | (1) Except as otherwise provided in this section, |
14 | minimum staffing requirements for an ALS ambulance when |
15 | responding to a call to provide EMS for a patient requiring |
16 | EMS above the skill level of an advanced EMT is one EMS |
17 | provider at or above the EMT level, one EMS provider above |
18 | the advanced EMT level and one EMS vehicle operator. Only the |
19 | two EMS providers need to respond if one of them is also the |
20 | EMS vehicle operator. When present, an EMS provider qualified |
21 | to provide the type and level of EMS required by the patient |
22 | must attend to the patient at the scene and during |
23 | transportation. If a member of the ambulance crew arrives at |
24 | the scene before another crew member, that person shall begin |
25 | providing EMS to the patient at that person's skill level. |
26 | (2) Minimum staffing requirements for an ALS ambulance |
27 | is the same as for a BLS ambulance when the ALS ambulance |
28 | responds to a call to provide EMS for a patient requiring EMS |
29 | at or below the skill level of an advanced EMT. |
30 | § 7231. Air ambulances. |
|
1 | (a) Purpose.--An air ambulance is a rotorcraft staffed by a |
2 | crew that provides medical assessment, treatment, monitoring, |
3 | observation and transportation of patients who require EMS where |
4 | time to administer definitive care is of the essence and |
5 | transportation by air ambulance to a facility able to provide |
6 | the care is faster than transportation by ground ambulance, or |
7 | require EMS provided by specialized equipment or providers not |
8 | available on a ground ambulance and the air ambulance can |
9 | provide this faster than the patient would receive such care at |
10 | a receiving facility if transported by ground ambulance. |
11 | (b) Staffing requirements.--Minimum staffing standards for |
12 | an air ambulance when dispatched to provide or when providing |
13 | medical assessment, treatment, monitoring, observation or |
14 | transportation of a patient is one pilot and two EMS providers |
15 | other than the pilot who are above the advanced EMT level, with |
16 | at least one of those two EMS providers specially trained in air |
17 | medical transport. |
18 | § 7232. Advanced life support squad vehicles. |
19 | (a) Purpose.--An ALS squad vehicle transports EMS providers |
20 | above the advanced EMT level, along with equipment and supplies, |
21 | to rendezvous with an ambulance crew or to respond prior to |
22 | arrival of an ambulance, in order to provide medical assessment, |
23 | monitoring, treatment and observation of a patient who requires |
24 | EMS at or above the skill level of an advanced EMT. An ALS squad |
25 | vehicle does not transport patients. |
26 | (b) Staffing requirements.--Minimum staffing for an ALS |
27 | squad unit responding to a call to provide EMS for a patient who |
28 | requires EMS above the skill level of an advanced EMT shall be |
29 | one EMS provider above the advanced EMT level and one EMS |
30 | vehicle operator, except that the EMS provider may staff the |
|
1 | vehicle alone if the EMS provider is also an EMS vehicle |
2 | operator. |
3 | § 7233. Basic life support ambulances. |
4 | (a) Purpose.--A BLS ambulance crew provides medical |
5 | assessment, triage, monitoring, treatment, transportation and |
6 | observation of patients who require EMS at or below the skill |
7 | level of an advanced EMT and also transports patients who |
8 | require EMS above the skill level of an advanced EMT when an EMS |
9 | provider above the level of an advanced EMT rendezvous with the |
10 | BLS ambulance before or during transport of the patient and |
11 | accompanies the patient during the transport after arrival. |
12 | (b) Staffing requirements.-- |
13 | (1) Except as provided under paragraph (2), minimum |
14 | staffing for a BLS ambulance when responding to a call to |
15 | provide EMS is an ambulance attendant, EMR or EMT, a second |
16 | EMS provider at or above the EMT level, and an EMS vehicle |
17 | operator, except that only the two EMS providers need to |
18 | respond if one of them is also the EMS vehicle operator. When |
19 | present, an EMS provider above the EMR level must attend to |
20 | the patient at the scene and during patient transportation. |
21 | (2) Two years after the effective date of this section, |
22 | the minimum staffing for a BLS ambulance when responding to a |
23 | call to provide EMS is an EMS provider at or above the EMR |
24 | level, an EMS provider at or above the EMT level, and an EMS |
25 | vehicle operator, except that only two EMS providers need to |
26 | respond if one of them is also the EMS vehicle operator. When |
27 | present, an EMS provider above the EMR level must attend to |
28 | the patient at the scene and during patient transportation. |
29 | (3) If dispatched to provide EMS for a patient who |
30 | requires EMS above the skill level of an advanced EMT, the |
|
1 | BLS ambulance shall respond as set forth in this subsection. |
2 | If the BLS ambulance crew members arrive at the scene before |
3 | a higher-level EMS provider of an ALS ambulance or ALS squad |
4 | vehicle, the BLS crew members shall provide EMS to the |
5 | patient at their skill level, including transportation of the |
6 | patient to a receiving facility if needed, until higher-level |
7 | EMS is afforded by the arrival of a higher-level EMS |
8 | provider, after which the BLS ambulance crew shall relinquish |
9 | primary responsibility for the patient to the higher-level |
10 | EMS provider. |
11 | (4) When transporting from a sending hospital a patient |
12 | who requires EMS above the skill level of an advanced EMT, if |
13 | a registered nurse, physician assistant or physician from the |
14 | sending or receiving hospital joins the ambulance crew, |
15 | brings on board the ambulance all equipment and supplies to |
16 | provide the patient with reasonably anticipated EMS above the |
17 | skill level of an advanced EMT and attends to the patient |
18 | during the patient transportation, the minimum staffing |
19 | requirements for the BLS ambulance are as set forth in |
20 | paragraphs (1) and (2). |
21 | § 7234. Basic life support squad vehicles. |
22 | (a) Purpose.--A BLS squad vehicle transports an EMS |
23 | provider, along with basic EMS equipment and supplies, to |
24 | respond prior to arrival of an ambulance in order to provide EMS |
25 | at or below the advanced EMT level of care. A BLS squad vehicle |
26 | is not utilized to transport patients. |
27 | (b) Staffing requirements.--Minimum staffing for a BLS squad |
28 | vehicle when responding to a call to provide EMS for a patient |
29 | is one EMS provider at or above the EMT level and an EMS vehicle |
30 | operator, except that an EMS provider who is also an EMS vehicle |
|
1 | operator may staff the vehicle alone. |
2 | § 7235. Quick response services. |
3 | (a) Purpose.--A QRS uses EMS providers to respond to calls |
4 | for EMS and provide EMS to patients before an ambulance arrives. |
5 | (b) Staffing requirements.--The minimum staffing requirement |
6 | for a QRS is one EMS provider. |
7 | § 7236. Special operations emergency medical services. |
8 | (a) Purpose.--A special operations EMS service provides EMS |
9 | in situations or austere environments that require specialized |
10 | knowledge, equipment or vehicles to access a patient or address |
11 | the patient's emergency medical needs. The department shall by |
12 | regulation provide for specific types of special operations EMS |
13 | teams. |
14 | (b) Personnel requirements.--By regulation, the department |
15 | may establish additional training or expertise requirements for |
16 | the EMS agency medical director and the EMS providers who staff |
17 | a special operations EMS service. |
18 | (c) Other requirements.--By regulation, the department may |
19 | establish staffing, equipment, supply and any other requirement |
20 | for a special operations EMS service. |
21 | (d) Extraordinary applications.--An entity may propose to |
22 | provide a special operations EMS need that has not been |
23 | addressed by applying to the department for an EMS agency |
24 | license to carry out the special operations EMS or, if it is |
25 | licensed as an EMS agency, the entity may apply to the |
26 | department to be authorized to provide the special operations |
27 | EMS under its license. The department shall address each |
28 | application on an individual basis and may conditionally deny or |
29 | grant an application as appropriate to protect the public health |
30 | and safety. The grant of an application shall be subject to |
|
1 | compliance with any later-adopted regulations addressing the |
2 | type of special operations EMS being provided by the entity. |
3 | (e) Protocols.--The department may include in its Statewide |
4 | EMS protocols special operations EMS protocols. |
5 | § 7237. First aid and other safety services. |
6 | (a) Purpose.--An EMS agency may provide EMS at industrial |
7 | sites, amusement parks or other locations in need of the |
8 | service. No ambulance or other EMS vehicle shall be required for |
9 | this purpose. |
10 | (b) Staffing.--The minimum staffing requirement is one EMS |
11 | provider. |
12 | (c) Other requirements.--As assigned by the EMS agency, the |
13 | EMS provider may provide EMS and other medical safety services |
14 | up to the level for which the EMS provider has the credentials |
15 | to provide EMS for the EMS agency. |
16 | (d) Protocols.--An EMS provider shall follow protocols |
17 | approved by the department when providing EMS under this |
18 | section. |
19 | § 7238. Other vehicles and services. |
20 | The department may by regulation prescribe EMS vehicle and |
21 | service standards for EMS vehicles and services not specified in |
22 | this chapter. If the department establishes standards in this |
23 | section, an EMS agency license shall be required to operate the |
24 | EMS vehicle or provide the service, and an EMS agency may not |
25 | operate the vehicle or provide the service unless approved to do |
26 | so by the department. |
27 | § 7239. Stretcher and wheelchair vehicles. |
28 | (a) Stretcher vehicle.--A stretcher vehicle is a ground |
29 | vehicle other than an ambulance that is utilized to transport by |
30 | stretcher persons who do not receive and cannot reasonably be |
|
1 | anticipated to require medical assessment, monitoring, treatment |
2 | or observation during transportation, but who, due to their |
3 | physical condition, require vehicle transportation while on a |
4 | stretcher or in a wheelchair. |
5 | (b) Wheelchair vehicle.--A wheelchair vehicle is a ground |
6 | vehicle other than an ambulance that is used to transport by |
7 | wheelchair persons who do not receive and cannot reasonably be |
8 | anticipated to require medical assessment, monitoring, treatment |
9 | or observation during transportation, but who, due to their |
10 | physical condition, require vehicle transportation while on a |
11 | stretcher or in a wheelchair. |
12 | (c) Prohibition.--Operation by an entity of a stretcher |
13 | vehicle or wheelchair vehicle to transport a person who is known |
14 | or reasonably should be known by the entity to require medical |
15 | assessment, monitoring, treatment or observation during |
16 | transportation shall constitute unlawful operation of an |
17 | ambulance for purposes of section 7256(a) and (c) (relating to |
18 | penalties), and if used as an ambulance by an EMS agency shall |
19 | constitute misconduct in operating an EMS agency under section |
20 | 7242(a)(7) (relating to emergency medical services agency |
21 | license sanctions). For purposes of this section, unlawful |
22 | operation includes, but is not limited to, the transportation of |
23 | the person to or from a facility, a physician's office or any |
24 | other location to receive or from which the person received |
25 | health care services. |
26 | § 7240. Conditional temporary licenses. |
27 | When an EMS agency or an applicant for a license to operate |
28 | as an EMS agency does not provide service 24 hours per day and |
29 | seven days per week or is unable to participate in a county- |
30 | level or broader-level emergency medical response plan approved |
|
1 | by the department, the department shall issue a conditional |
2 | temporary license for operation of the EMS agency when the |
3 | department determines that it is in the public interest, subject |
4 | to such terms as the department deems appropriate. A conditional |
5 | temporary license shall be valid for one year and may be renewed |
6 | as many times as the department determines that it is in the |
7 | public interest to do so. |
8 | § 7241. Plans of correction. |
9 | (a) Correction of violation.--Upon determining that an EMS |
10 | agency has violated this chapter or regulations promulgated |
11 | under this chapter, the department may issue a written notice to |
12 | the EMS agency specifying the violation or violations that have |
13 | been found. The notice shall require the EMS agency to take |
14 | immediate action to discontinue the violation or to submit a |
15 | plan of correction to the department, or both, to bring the EMS |
16 | agency into compliance with applicable requirements. If the |
17 | nature of the violation is such that the EMS agency cannot |
18 | remedy the problem immediately, and a plan of correction is |
19 | therefore required, the department may direct that the violation |
20 | be remedied within a specified period of time. The EMS agency |
21 | shall submit a plan of correction within 30 days of the |
22 | department's issuance of the written notice. If immediate |
23 | corrective action is required, the notice from the department |
24 | shall request, and the EMS agency shall provide, prompt |
25 | confirmation that the corrective action has been taken. |
26 | (b) Discretion.--The department shall not afford the EMS |
27 | agency an opportunity to correct a violation without facing |
28 | disciplinary charges if the department determines that it is not |
29 | in the public interest to do so. |
30 | § 7242. Emergency medical services agency license sanctions. |
|
1 | (a) Grounds for discipline.--The department may discipline |
2 | an EMS agency or, as applicable, refuse to issue an EMS agency |
3 | license for any of the following reasons: |
4 | (1) Violating the requirements of this chapter or |
5 | regulation adopted under this chapter. |
6 | (2) Failing to submit a plan of correction acceptable to |
7 | the department or correct a deficiency as required under |
8 | section 7241 (relating to plans of correction) or failing to |
9 | comply with the plan of correction. |
10 | (3) Refusing to accept a conditional temporary license |
11 | properly sought by the department or to abide by its terms. |
12 | (4) Fraud or deceit in obtaining or attempting to obtain |
13 | a license. |
14 | (5) Lending its license or, except as permitted under |
15 | section 7229(f) (relating to emergency medical services |
16 | agencies), enabling another person to manage or operate the |
17 | EMS agency or any service covered by the license. |
18 | (6) Using the license of another or in any way knowingly |
19 | aiding or abetting the improper granting of a license, |
20 | certification, accreditation or other authorization issued |
21 | under this chapter. |
22 | (7) Incompetence, negligence or misconduct in operating |
23 | the EMS agency or in providing EMS to patients. |
24 | (8) The licensee is not a responsible person or is not |
25 | staffed by responsible persons and refuses to remove from its |
26 | staff the irresponsible person or persons when directed to do |
27 | so by the department. For purposes of this paragraph, "staff" |
28 | and "responsible person" shall have the meanings set forth in |
29 | section 7229(c)(1). |
30 | (9) Refusing to respond to an emergency and render EMS |
|
1 | because of a patient's race, sex, creed, national origin, |
2 | sexual preference, age, handicap, medical problem or |
3 | financial inability to pay. |
4 | (10) Conviction of a felony or a crime involving moral |
5 | turpitude or related to the practice of the EMS agency. |
6 | (11) Making misrepresentations in seeking funds made |
7 | available through the department. |
8 | (12) Failing to continue to meet applicable licensure |
9 | requirements. |
10 | (13) Violating an order previously issued by the |
11 | department in a disciplinary matter. |
12 | (b) Disciplinary options.--If the department is empowered to |
13 | impose discipline against an EMS agency under this section, the |
14 | department may do one or more of the following: |
15 | (1) Deny the application for a license. |
16 | (2) Administer a written reprimand with or without |
17 | probation. |
18 | (3) Revoke, suspend, limit or otherwise restrict the |
19 | license. |
20 | (4) Impose a civil penalty not exceeding $5,000 for each |
21 | incident in which the EMS agency engages in conduct that |
22 | constitutes a basis for discipline. |
23 | (5) Stay enforcement of any suspension, revocation or |
24 | other discipline and place the facility on probation with the |
25 | right to vacate the probationary order for noncompliance. |
26 | SUBCHAPTER C |
27 | MISCELLANEOUS PROVISIONS |
28 | Sec. |
29 | 7251. Limitations on liability. |
30 | 7252. Peer review. |
|
1 | 7253. Support of emergency medical services. |
2 | 7254. Prohibited acts. |
3 | 7255. Surrender of license, accreditation or certification. |
4 | 7256. Penalties. |
5 | 7257. Adjudications and judicial review. |
6 | § 7251. Limitations on liability. |
7 | The following shall apply: |
8 | (1) No medical command physician, medical command |
9 | facility medical director or medical command facility, which |
10 | in good faith provides a medical command to an EMS provider |
11 | or student enrolled in an EMS course of instruction approved |
12 | by the department, shall be liable for civil damages as a |
13 | result of issuing the instruction, absent a showing of gross |
14 | negligence or willful misconduct. |
15 | (2) No EMS agency, EMS agency medical director or EMS |
16 | provider who in good faith attempts to render or facilitate |
17 | emergency medical care authorized by this chapter shall be |
18 | liable for civil damages as a result of an act or omission, |
19 | absent a showing of gross negligence or willful misconduct. |
20 | This paragraph shall also apply to students enrolled in |
21 | approved courses of instruction and supervised pursuant to |
22 | rules and regulations. |
23 | (3) No approved EMS training institute nor any entity |
24 | participating as part of any approved educational program |
25 | offered by the institute as authorized by this chapter shall |
26 | be liable for any civil damages as a result of primary and |
27 | continuing educational practice by duly enrolled students |
28 | under proper supervision, absent a showing of gross |
29 | negligence or willful misconduct. |
30 | (4) No EMS provider who in good faith attempts to render |
|
1 | emergency care authorized by this chapter at an emergency |
2 | scene while en route to a place of employment shall receive |
3 | any form of reprimand or penalty by an employer as a result |
4 | of late arrival at the place of employment. An employer may |
5 | require written verification from the EMS provider, who shall |
6 | obtain the written verification from either the police |
7 | officer or other person who is in charge at the emergency |
8 | scene. |
9 | (5) No EMS agency medical director or regional medical |
10 | director who in good faith gives instructions to or provides |
11 | primary and continuing educational training to an EMS |
12 | provider shall be liable for civil damages for issuing the |
13 | instructions, education or training, absent a showing of |
14 | gross negligence or willful misconduct. |
15 | (6) Neither the department, the Commonwealth EMS Medical |
16 | Director, a regional EMS council medical director nor any |
17 | other official or employee of the department or a regional |
18 | EMS council shall be liable for civil damages arising out of |
19 | an EMS provider or a student enrolled in an EMS course of |
20 | instruction approved by the department following protocols |
21 | approved under this chapter. |
22 | (7) No EMS provider or EMS agency may be subject to |
23 | civil liability based solely on failure to obtain consent in |
24 | rendering EMS to any person, regardless of age, where the |
25 | person is unable to give consent for any reason, including |
26 | minority, and where there is no other person reasonably |
27 | available who is legally authorized to give or refuse to give |
28 | consent, if the EMS provider has acted in good faith and |
29 | without knowledge of facts negating consent. |
30 | (8) No EMS provider or EMS agency may be subject to |
|
1 | civil liability based solely on refusal to provide treatment |
2 | or services requested by the patient or the person |
3 | responsible for making medical care decisions for the patient |
4 | if the treatment or services requested are not prescribed or |
5 | authorized by Statewide or regional protocols established |
6 | under this chapter and the EMS provider has: |
7 | (i) contacted a medical command physician who |
8 | refused to authorize the requested treatment or service; |
9 | or |
10 | (ii) made a good faith effort to contact a medical |
11 | command physician and was unable to do so. |
12 | (9) No dispatcher of EMS who in good faith collects |
13 | information about a patient from a caller or makes dispatch |
14 | assignments based upon the information collected may be |
15 | subject to civil liability based upon the information |
16 | collected or a dispatch assignment, absent a showing of gross |
17 | negligence or willful misconduct. |
18 | § 7252. Peer review. |
19 | (a) Immunity from liability.-- |
20 | (1) A person who provides information to a review |
21 | organization shall have the same protections from civil and |
22 | criminal liability as a person who provides information to a |
23 | review organization under the act of July 20, 1974 (P.L.564, |
24 | No.193), known as the Peer Review Protection Act. |
25 | (2) An individual who is a member or employee of a |
26 | review organization or who furnishes professional counsel or |
27 | services to the organization shall have the same protections |
28 | from civil and criminal liability for the performance of any |
29 | duty, function or activity authorized or required of the |
30 | review organization as a person who performs the duty, |
|
1 | function or activity under the Peer Review Protection Act. |
2 | (b) Confidentiality of review organization's records.--The |
3 | proceedings and records of a review organization shall be held |
4 | in confidence and shall have the same protections from discovery |
5 | and introduction into evidence in civil proceedings as they |
6 | would under the Peer Review Protection Act. A person who was in |
7 | attendance at a meeting of a review organization shall be |
8 | subject to the same testimony restrictions as a person who was |
9 | in attendance at a meeting of a review organization under the |
10 | Peer Review Protection Act. |
11 | § 7253. Support of emergency medical services. |
12 | (a) Emergency Medical Services Operating Fund.--There is |
13 | established a special fund to be known as the Emergency Medical |
14 | Services Operating Fund, which shall be administered by the |
15 | department. |
16 | (b) Source.--The following are the sources of the Emergency |
17 | Medical Services Operating Fund: |
18 | (1) Money collected under 75 Pa.C.S. §§ 3121 (relating |
19 | to EMS costs) and 3807(b)(1)(ix) (relating to Accelerated |
20 | Rehabilitative Disposition). |
21 | (2) All fees, fines and civil penalties collected by the |
22 | department under this chapter. |
23 | (3) Appropriations. |
24 | (4) Contributions. |
25 | (c) Purpose of fund.--Except as provided under subsection |
26 | (d), 75% of the money from the Emergency Medical Services |
27 | Operating Fund shall be disbursed by the department for only the |
28 | following uses: |
29 | (1) To eligible EMS agencies for applicable purposes |
30 | stated under section 7212(c) (relating to contracts and |
|
1 | grants), with at least 10% of these funds to be allocated to |
2 | provide additional financial assistance for those EMS systems |
3 | serving rural areas. |
4 | (2) To the board for the performance of duties imposed |
5 | upon it under this chapter. |
6 | (3) To regional EMS councils for the development, |
7 | maintenance and improvement of EMS systems, including |
8 | ambulance and communications equipment and for training, |
9 | education and EMS agency licensure purposes. |
10 | (4) To other contractors and grantees as authorized |
11 | under section 7212(j). |
12 | (d) Allocation to Catastrophic Medical and Rehabilitation |
13 | Fund.--Twenty-five percent of the money in the Emergency Medical |
14 | Services Operating Fund shall be allocated to a Catastrophic |
15 | Medical and Rehabilitation Fund for victims of trauma. After the |
16 | exhaustion of all alternative financial resources, other than |
17 | those excluded by the department from consideration, the |
18 | catastrophic fund shall be available for the purchase of |
19 | medical, rehabilitation and attendant care services for trauma |
20 | victims and may be made available for the purchase of supportive |
21 | services such as respite care and counseling services for the |
22 | family or household members of trauma victims. The department |
23 | may, by regulation, prioritize the distribution of funds by and |
24 | within classification of traumatic injury. |
25 | (e) Audit.--The Auditor General shall review collections and |
26 | expenditures made under this section and report its findings to |
27 | the General Assembly annually. The audit shall include a review |
28 | of the collections and expenditures of the regional EMS |
29 | councils. |
30 | § 7254. Prohibited acts. |
|
1 | (a) Making false ambulance requests.--It shall be unlawful |
2 | for any person to intentionally report a medical emergency and |
3 | summon an EMS response if the person does not have good cause to |
4 | believe that there is a medical emergency for which an EMS |
5 | response is needed. A person violating this subsection commits a |
6 | summary offense. |
7 | (b) Obstruction.--It is unlawful for any person to |
8 | intentionally impede or obstruct any EMS provider in the |
9 | performance of official duties, if the EMS provider displays |
10 | accepted department insignia or credentials. A person violating |
11 | this subsection commits a summary offense. |
12 | (c) Impersonating an emergency medical services provider.-- |
13 | It is unlawful for any person to display an insignia or |
14 | credentials or act in any manner that would lead reasonable |
15 | persons to conclude that the person is an EMS provider if that |
16 | person is not an EMS provider with a current registration to |
17 | practice or that the person is a higher-level EMS provider than |
18 | the level at which the person is certified and currently |
19 | registered to practice. A person violating this subsection |
20 | commits a summary offense. |
21 | (d) Misrepresentation of license.--It is unlawful for any |
22 | person who does not possess an EMS agency license issued by the |
23 | department under this chapter to advertise, display vehicle |
24 | markings or exhibit any other means that would lead a reasonable |
25 | person to conclude that the person is a licensed EMS agency or |
26 | provides a type or level of emergency care other than that for |
27 | which the person is licensed to provide. A person violating this |
28 | subsection commits a summary offense. |
29 | § 7255. Surrender of license, accreditation or certification. |
30 | The department shall require a person whose license, |
|
1 | accreditation or certification has been suspended or revoked |
2 | under this chapter to return to the department in the manner the |
3 | department directs the license, accreditation document or |
4 | certificate. A person who fails to do so commits a misdemeanor |
5 | of the third degree. |
6 | § 7256. Penalties. |
7 | (a) Unlicensed agency.--A person who operates a service or |
8 | vehicle for which a license is required under section 7229 |
9 | (relating to emergency medical services agencies) and who does |
10 | not have a license to operate the service or vehicle commits a |
11 | misdemeanor of the third degree. |
12 | (b) Unauthorized practice.--A person who provides EMS |
13 | without an EMS provider's certification or other legal authority |
14 | to provide EMS commits a misdemeanor of the third degree. A |
15 | provider who provides EMS without a current registration of the |
16 | EMS provider's certification and without other legal authority |
17 | to provide EMS commits a summary offense. |
18 | (c) Fine.--In addition to any other civil remedy or criminal |
19 | penalty provided for under this chapter, the department may levy |
20 | a civil penalty of up to $5,000 per day upon a person who owns |
21 | or operates an EMS agency in this Commonwealth, without having a |
22 | license to operate that agency in this Commonwealth and a fine |
23 | of up to $1,000 per day upon a person who provides EMS without |
24 | an EMS provider's certification or other legal authority to |
25 | provide EMS. |
26 | § 7257. Adjudications and judicial review. |
27 | Except as provided under this chapter for an emergency |
28 | suspension, the department shall hold hearings and issue |
29 | adjudications in accordance with 2 Pa.C.S. (relating to |
30 | administrative law and procedure). The adjudications may be |
|
1 | appealed to the Commonwealth Court under 42 Pa.C.S. § 763 |
2 | (relating to direct appeals from government agencies). |
3 | Section 2. The definition of "emergency vehicle" in section |
4 | 102 of Title 75 is amended to read: |
5 | § 102. Definitions. |
6 | Subject to additional definitions contained in subsequent |
7 | provisions of this title which are applicable to specific |
8 | provisions of this title, the following words and phrases when |
9 | used in this title shall have, unless the context clearly |
10 | indicates otherwise, the meanings given to them in this section: |
11 | * * * |
12 | "Emergency vehicle." A fire department vehicle, police |
13 | vehicle, sheriff vehicle, ambulance, advanced life support squad |
14 | vehicle, basic life support squad vehicle, blood delivery |
15 | vehicle, human organ delivery vehicle, hazardous material |
16 | response vehicle, armed forces emergency vehicle, one vehicle |
17 | operated by a coroner or chief county medical examiner and one |
18 | vehicle operated by a chief deputy coroner or deputy chief |
19 | county medical examiner used for answering emergency calls, a |
20 | vehicle owned by or leased to a regional emergency medical |
21 | services council that is used as authorized by the Department of |
22 | Health to respond to an actual or potential disaster, mass |
23 | casualty situation or substantial threat to public health, any |
24 | vehicle owned and operated by the Philadelphia Parking Authority |
25 | established in accordance with 53 Pa.C.S. Ch. 55 (relating to |
26 | parking authorities) and used in the enforcement of 53 Pa.C.S. |
27 | Ch. 57 (relating to taxicabs and limousines in first class |
28 | cities), or any other vehicle designated by the State Police |
29 | under section 6106 (relating to designation of emergency |
30 | vehicles by Pennsylvania State Police), or a privately owned |
|
1 | vehicle used in answering an emergency call when used by any of |
2 | the following: |
3 | (1) A police chief and assistant chief. |
4 | (2) A fire chief, assistant chief and, when a fire |
5 | company has three or more fire vehicles, a second or third |
6 | assistant chief. |
7 | (3) A fire police captain and fire police lieutenant. |
8 | (4) An ambulance corps commander and assistant |
9 | commander. |
10 | (5) A river rescue commander and assistant commander. |
11 | (6) A county emergency management coordinator. |
12 | (7) A fire marshal. |
13 | (8) A rescue service chief and assistant chief. |
14 | * * * |
15 | Section 3. Chapter 31 of Title 75 is amended by adding a |
16 | subchapter to read: |
17 | SUBCHAPTER C |
18 | FINES |
19 | Sec. |
20 | 3121. EMS costs. |
21 | § 3121. EMS costs. |
22 | In addition to any other costs that may be imposed under this |
23 | part for a traffic violation, except for a parking violation, a |
24 | cost of $10 shall be imposed. Moneys collected shall be |
25 | forwarded to the State Treasurer for deposit in the Emergency |
26 | Medical Services Operating Fund. |
27 | Section 4. Section 3807(b)(1)(vii) of Title 75 is amended |
28 | and the paragraph is amended by adding a subparagraph to read: |
29 | § 3807. Accelerated Rehabilitative Disposition. |
30 | * * * |
|
1 | (b) Evaluation and treatment.-- |
2 | (1) A defendant offered Accelerated Rehabilitative |
3 | Disposition for a violation of section 3802 is, as a |
4 | condition of participation in the program, subject to the |
5 | following requirements in addition to any other conditions of |
6 | participation imposed by the court: |
7 | * * * |
8 | (vii) The defendant must pay any other fee, |
9 | surcharge or cost required by law. Except as set forth in |
10 | subparagraph (vi) [or], (viii) or (ix), a fee or |
11 | financial condition imposed by a judge as a condition of |
12 | Accelerated Rehabilitative Disposition or any other |
13 | preliminary disposition of any charge under this chapter |
14 | shall be distributed as provided for in 42 Pa.C.S. §§ |
15 | 3571 (relating to Commonwealth portion of fines, etc.) |
16 | and 3573 (relating to municipal corporation portion of |
17 | fines, etc.). |
18 | * * * |
19 | (ix) The defendant shall pay a cost of $25 which |
20 | shall be forwarded to the State Treasurer for deposit in |
21 | the Emergency Medical Services Operating Fund. |
22 | * * * |
23 | Section 5. The addition of 35 Pa.C.S. Ch. 72 is a |
24 | continuation of the former act of July 3, 1985, (P.L.164, No. |
25 | 45), known as the Emergency Medical Services Act. Except as |
26 | otherwise provided in 35 Pa.C.S. Ch. 72, all activities |
27 | initiated under the Emergency Medical Services Act shall |
28 | continue and remain in full force and effect and may be |
29 | completed under 35 Pa.C.S. Ch. 72. Resolutions, orders, |
30 | regulations, rules and decisions which were made under the |
|
1 | Emergency Medical Services Act and which are in effect on the |
2 | effective date of this section shall remain in full force and |
3 | effect until revoked, vacated or modified under 35 Pa.C.S. Ch. |
4 | 72. Contracts, obligations and agreements entered into under the |
5 | Emergency Medical Services Act are not affected nor impaired by |
6 | the repeal of the Emergency Medical Services Act. |
7 | Section 6. Repeals are as follows: |
8 | (1) The General Assembly declares that the repeal under |
9 | paragraph (2) is necessary to effectuate the addition of 35 |
10 | Pa.C.S. Ch. 72. |
11 | (2) The act of July 3, 1985, (P.L.164, No.45), known as |
12 | the Emergency Medical Services Act, is repealed. |
13 | Section 7. The Department of Health, in consultation with |
14 | the board, shall promulgate all regulations needed to implement |
15 | this act within two years after the effective date of this |
16 | section. This act shall be liberally construed for that purpose, |
17 | and the absence of express authority to adopt regulations in any |
18 | provision of this act shall not be construed to preclude the |
19 | authority to adopt regulations to carry out that provision. Upon |
20 | promulgation of all regulations under this section, the |
21 | Secretary of Health shall transmit notice to the Legislative |
22 | Reference Bureau for publication in the Pennsylvania Bulletin. |
23 | Section 8. Any reference in a statute or regulation to an |
24 | ambulance service shall be interpreted as referencing an |
25 | emergency medical services agency and any reference to the |
26 | former act of July 3, 1985 (P.L.164, No.45), known as the |
27 | Emergency Medical Services Act, shall be construed as a |
28 | reference to 35 Pa.C.S. Ch. 72. |
29 | Section 9. This act shall take effect as follows: |
30 | (1) The addition of the following provisions of 35 |
|
1 | Pa.C.S. shall take effect 180 days after publication of the |
2 | notice under section 7 of this act: |
3 | (i) Section 7213(a), (c), (d) and (n). |
4 | (ii) Section 7214. |
5 | (iii) Section 7215. |
6 | (iv) Section 7216. |
7 | (v) Section 7217. |
8 | (vi) Section 7218. |
9 | (vii) Section 7219. |
10 | (viii) Section 7220. |
11 | (ix) Section 7222. |
12 | (x) Section 7229. |
13 | (xi) Section 7230. |
14 | (xii) Section 7231. |
15 | (xiii) Section 7232. |
16 | (xiv) Section 7233. |
17 | (xv) Section 7234. |
18 | (xvi) Section 7235. |
19 | (xvii) Section 7236. |
20 | (xviii) Section 7237. |
21 | (xix) Section 7238. |
22 | (xx) Section 7240. |
23 | (xxi) Section 7241. |
24 | (xxii) Section 7242. |
25 | (2) The following provisions shall take effect |
26 | immediately: |
27 | (i) The amendment of the definition of "emergency |
28 | vehicle" in 75 Pa.C.S. § 102. |
29 | (ii) Section 5 of this act. |
30 | (iii) Section 6 of this act. |
|
1 | (iv) Section 7 of this act. |
2 | (v) This section. |
3 | (3) The remainder of this act shall take effect in 180 |
4 | days. |
|