PRINTER'S NO. 2089

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1769 Session of 1993


        INTRODUCED BY DALEY, HANNA AND CIVERA, JUNE 14, 1993

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 14, 1993

                                     AN ACT

     1  Amending the act of July 3, 1985 (P.L.164, No.45), entitled "An
     2     act relating to the prevention and reduction of premature
     3     death and disability in this Commonwealth; providing for
     4     assistance, coordination and support of the development and
     5     maintenance of a comprehensive emergency medical services
     6     system and for qualifications, eligibility and certification
     7     of emergency medical services personnel and licensing
     8     ambulance services; imposing powers and duties on the
     9     Department of Health; and making repeals," further providing
    10     for minimum standards for ambulance service.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 12(o) of the act of July 3, 1985
    14  (P.L.164, No.45), known as the Emergency Medical Services Act,
    15  is amended and the section is amended by adding a subsection to
    16  read:
    17  Section 12.  Minimum standards for ambulance service.
    18     * * *
    19     (g.1)  Service area.--
    20         (1)  An ambulance service shall receive telephone calls
    21     only at and dispatch its ambulances only from one or more


     1     places within this Commonwealth, each of which is within the
     2     local 911 emergency telephone area in which it operates, or
     3     not more than 15 miles from the geographic area in which it
     4     operates.
     5         (2)  Every advertisement of an ambulance service shall
     6     indicate the geographic area in which it operates.
     7         (3)  (i)  If an ambulance service receives a written
     8         application for service from a person who lives outside
     9         the geographic operating area of the ambulance service,
    10         the application and any payment shall be returned to the
    11         applicant within ten days with a written explanation.
    12             (ii)  If an ambulance service receives a telephone
    13         application for service from a person who lives outside
    14         the operating area of the ambulance service, the
    15         applicant shall be advised that the application cannot be
    16         accepted because of the geographic operating limits of
    17         the ambulance service.
    18     * * *
    19     (o)  Violation.--
    20         (1)  [Upon] Except as provided in paragraph (2)(i), upon
    21     determining that a violation of this act or rules and
    22     regulations promulgated thereunder exists, the department
    23     shall issue a written notice to the ambulance service
    24     specifying the violation or violations that have been found.
    25     The notice shall require the ambulance service to take action
    26     or submit a plan of correction to the department that shall
    27     bring the ambulance service into compliance with applicable
    28     law or regulations within a specified period of time. The
    29     plan of correction must be submitted within 30 days of
    30     receipt of the written notice.
    19930H1769B2089                  - 2 -

     1         (2)  (i)  An ambulance service which accepts an
     2         application for service from a person who lives outside
     3         the ambulance service's operating area in violation of
     4         subsection (g.1) commits a summary offense and shall,
     5         upon conviction, be sentenced to pay a fine of $500 for a
     6         first offense or $1,000 for a second offense. For a third
     7         offense the ambulance service's license shall be revoked.
     8         [(2)]  (ii)  If, after such reasonable time for
     9         compliance, the department determines that the violation
    10         persists, the department shall afford the holder of the
    11         license an opportunity for an administrative hearing to
    12         be conducted by the department pursuant to Title 2 of the
    13         Pennsylvania Consolidated Statutes (relating to
    14         administrative law and procedure). If, after the hearing,
    15         the department rules that the license shall be suspended
    16         or revoked, appeals may be taken as provided by law.
    17     * * *
    18     Section 2.  This act shall take effect in 60 days.








    C29L35MRD/19930H1769B2089        - 3 -