PRINTER'S NO. 1234
No. 1060 Session of 2003
INTRODUCED BY VANCE, EGOLF, DeWEESE, MARSICO, BARD, BARRAR,
BEBKO-JONES, BELFANTI, BROWNE, BUNT, CAPPELLI, CRAHALLA,
CREIGHTON, DIVEN, J. EVANS, FLEAGLE, FLICK, GABIG, GEIST,
GILLESPIE, HARHAI, HARPER, HORSEY, LAUGHLIN, MAITLAND,
McNAUGHTON, MELIO, R. MILLER, S. MILLER, NICKOL, O'NEILL,
PRESTON, READSHAW, REICHLEY, RUBLEY, SATHER, SAYLOR, SOLOBAY,
E. Z. TAYLOR, THOMAS, TRUE, WATSON AND YOUNGBLOOD,
APRIL 2, 2003
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, APRIL 2, 2003
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," transferring the
10 emergency medical services powers and duties from the
11 Department of Health to the Pennsylvania Emergency Management
12 Agency.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The definitions of "department" and "secretary"
16 in section 3 of the act of July 3, 1985 (P.L.164, No.45), known
17 as the Emergency Medical Services Act, are amended to read:
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 * * *
4 "Department." [The Department of Health of the
5 Commonwealth.] The Pennsylvania Emergency Management Agency.
6 * * *
7 ["Secretary." The Secretary of Health of the Commonwealth.]
8 * * *
9 Section 2. Sections 4, 5(a) and 6(f) of the act are amended
10 to read:
11 Section 4. Emergency medical services system.
12 The [secretary] department shall plan, guide and coordinate
13 programs to ensure that the Commonwealth's emergency medical
14 services system shall:
15 (1) Include an adequate number of health professionals
16 and other health personnel with appropriate training and
17 experience.
18 (2) Provide continuous training for its personnel,
19 including clinical training and continuing education programs
20 which are coordinated with other programs in the system's
21 service area which provide similar training and education.
22 (3) Join personnel, facilities and equipment,
23 coordinated by a central communication system, so that
24 requests for emergency medical services will be handled by
25 communications facilities which:
26 (i) utilize emergency medical telecommunications
27 screening to determine the appropriate emergency service
28 response;
29 (ii) are accessible to the general public through a
30 common telephone number and, where feasible, the
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1 universal emergency telephone number 911; and
2 (iii) will have direct communications with the
3 personnel, facilities and equipment of this system and
4 with other appropriate emergency medical services
5 systems.
6 (4) Include an adequate number of ambulances and other
7 transportation means to meet the individual characteristics
8 of the system's service area wherein:
9 (i) the ambulances and other vehicles meet criteria
10 relating to location, design, performance and equipment;
11 and
12 (ii) all operators and other personnel staffing the
13 vehicles meet appropriate training and experience
14 requirements.
15 (5) Include an adequate number of easily accessible
16 facilities which:
17 (i) are collectively capable of providing emergency
18 medical services on a continuous basis;
19 (ii) have appropriate nonduplicative and categorized
20 capabilities;
21 (iii) meet appropriate standards relating to
22 capacity, location, personnel and equipment; and
23 (iv) are coordinated with other health care
24 facilities of the system.
25 (6) Provide access, including appropriate
26 transportation, to trauma centers in the system's service
27 area or, if there are no centers or an inadequate number of
28 centers in the area, provide access to the centers in
29 neighboring areas if access to those centers is feasible in
30 terms of time and distance.
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1 (7) Provide, as necessary, for transfer of patients to
2 facilities or programs which offer follow-up care and
3 rehabilitation as is necessary to effect the maximum recovery
4 of the patient.
5 (8) Provide for the effective utilization of the
6 appropriate personnel, facilities and equipment of each
7 entity providing emergency medical services in the system's
8 service area.
9 (9) Be organized in a manner that provides persons who
10 reside in the system's service area and who have no
11 professional or financial interest in the provision of health
12 care with an adequate opportunity to participate in the
13 making of policy for the system.
14 (10) Provide necessary emergency medical services to all
15 patients requiring the services.
16 (11) Provide for a standardized patient data collection
17 system which covers all phases of the system.
18 (12) Provide programs of public education, information
19 and prevention in the system's service area, taking into
20 account the needs of visitors to and residents of that area
21 to know or easily access the means of obtaining emergency
22 medical services. These programs shall stress the general
23 dissemination of information regarding appropriate methods of
24 first aid and cardiopulmonary resuscitation and the
25 availability of first aid training programs in the area.
26 (13) Provide for:
27 (i) Periodic, comprehensive review and evaluation of
28 the extent and quality of the emergency health care
29 services provided in the system's service area.
30 (ii) Submission to the department of the reports of
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1 each review and evaluation.
2 (14) Have a plan to assure that the system will be
3 capable of providing emergency medical services in the
4 system's service area during mass casualty situations,
5 natural disasters or declared states of emergency in
6 consonance with 35 Pa.C.S. § 7101 et seq. (relating to
7 emergency management services) and in coordination with the
8 Pennsylvania Emergency Management Agency.
9 (15) Provide for the establishment of appropriate
10 arrangements with ambulance services serving neighboring
11 areas for the provision of emergency medical services on a
12 reciprocal basis where access to such areas would be more
13 appropriate and effective in terms of the services available,
14 time and distance.
15 Section 5. Duties of department.
16 (a) Duty.--It shall be the duty of the [secretary]
17 department to plan, guide, assist and coordinate the development
18 of areawide emergency medical services systems into a unified
19 Statewide system and to coordinate the system with similar
20 systems in neighboring states.
21 * * *
22 Section 6. Pennsylvania Trauma Systems Foundation.
23 * * *
24 (f) Duty of [secretary] department.--If the foundation has
25 not begun an accreditation program by June 30, 1985, in
26 accordance with this section, the [secretary] department shall
27 establish a trauma center accreditation program.
28 Section 3. Section 8(c) of the act, amended October 21, 1988
29 (P.L.1055, No.121), is amended to read:
30 Section 8. Emergency medical services councils.
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1 * * *
2 (c) Duties.--Each emergency medical services council shall:
3 (1) Assist the department in achieving the emergency
4 medical services system described in section 4.
5 (2) Assist the department in the collection and
6 maintenance of standardized patient data and information as
7 provided in section 5.
8 (3) Prepare plans for expanding or improving emergency
9 medical services in the area; the plans shall contain such
10 information as prescribed by the [secretary] department.
11 (4) Carry out, to the extent feasible, the emergency
12 medical services plans.
13 (5) Assure the reasonable availability of training
14 programs for emergency medical technicians and EMT-paramedics
15 under section 12(f).
16 (6) Provide necessary and reasonable staff services and
17 appropriate and convenient office facilities that can serve
18 as an areawide location for the planning, developmental
19 maintenance, coordinative and evaluative functions of the
20 council.
21 (7) Establish a mechanism to provide for input from
22 local emergency medical services providers, in decisions
23 which include, but are not limited to, membership on its
24 governing body.
25 Section 4. Section 10 of the act is amended to read:
26 Section 10. Contracts for initiation, maintenance, expansion or
27 improvement of emergency medical services
28 systems.
29 (a) General power.--The [secretary] department may enter
30 into contracts with emergency medical services councils and
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1 other appropriate entities for the initiation, expansion,
2 maintenance and improvement of emergency medical services
3 systems which are in accordance with the Statewide emergency
4 medical services plan.
5 (b) Limitation.--If any contracts are entered into under
6 this section for organization of an emergency medical services
7 council, no other contract may be entered into under this
8 section for any other emergency medical services council for the
9 same area or for an area which includes, in whole or substantial
10 part, such area.
11 (c) Purposes.--Contracts under subsection (a) may only be
12 used for:
13 (1) Providing programs of public education, information
14 and prevention regarding emergency medical services.
15 (2) Purchasing ambulances, medical equipment and rescue
16 equipment.
17 (3) Costs associated with the conduct of training
18 programs for prehospital and interhospital emergency medical
19 services personnel.
20 (4) Costs associated with ambulance service inspection
21 conducted to assist the department with ambulance service
22 licensure.
23 (5) Purchasing communications, including alerting
24 equipment, provided that the purchases are in accordance with
25 the Statewide telecommunications plan.
26 (6) Purchasing certain equipment for hospital emergency
27 departments if the equipment is used or intended to be used
28 in equipment exchange programs with ambulance services.
29 (7) Costs associated with maintenance and operation of
30 emergency medical services councils. Costs may include, but
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1 shall not be limited to, salaries, wages and benefits of
2 staff; travel; equipment and supplies; leasing of office
3 space; and other costs incidental to the conduct of business
4 which are deemed by the [secretary] department to be
5 necessary and appropriate for carrying out the purposes of
6 this act.
7 (8) Costs associated with collection and analysis of
8 data necessary to evaluate the effectiveness of emergency
9 medical services systems in providing emergency medical
10 services.
11 (d) Restriction.--Contract funds may not be used for:
12 (1) Acquisition, construction or rehabilitation of
13 facilities or buildings, except renovation as may be
14 necessary for the implementation of 911 and emergency medical
15 services communication systems.
16 (2) Purchasing hospital equipment unless such equipment
17 is used or intended to be used in an equipment exchange
18 program with ambulance services.
19 (3) Maintenance of ambulances, medical equipment or
20 rescue equipment except as authorized in subsection (c)(2).
21 (4) Costs deemed by the [secretary] department as
22 inappropriate for carrying out the purposes of this act.
23 (5) Costs which are normally borne by patients.
24 (e) Reports.--The recipient of a contract under this act
25 shall make reports to the department as may be required by the
26 [secretary] department.
27 (f) Application prerequisite.--No contract may be made under
28 this section unless:
29 (1) An application has been submitted to the department
30 in a form and format prescribed by the department.
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1 (2) The application demonstrates the need for planning,
2 initiation, maintenance, expansion or improvement of an
3 emergency medical services system.
4 (3) The application contains data and information which
5 demonstrates the qualifications of the applicant to plan,
6 initiate, expand or improve an emergency medical services
7 system and which includes organizational structure and
8 provision for representation of appropriate entities.
9 (4) The application contains an assurance that planning
10 for an emergency medical services system is conducted in
11 cooperation with each areawide health systems agency, where
12 available, whose plan covers, in whole or in part, such area.
13 (g) Technical assistance.--The department shall provide
14 technical assistance, as appropriate, to emergency medical
15 services councils and to such other eligible entities as
16 necessary for the purpose of their carrying out the provisions
17 of contracts under this section, with special consideration for
18 contractors representing rural areas.
19 (h) Payments.--Payments pursuant to contracts under this
20 section may be made in advance or by way of reimbursement and in
21 such installments and on such conditions as the [secretary]
22 department determines will most effectively carry out the
23 provisions of this act.
24 (i) Other grants considered.--In determining the amount of
25 any contract under this act, the amount of funds available to
26 the applicant from nonstate contributions and Federal grant or
27 contract programs pertaining to emergency medical services shall
28 be taken into consideration. Nonstate contributions include the
29 outlay of cash and in-kind services of the contractor or to the
30 contractor or toward the operation of an emergency medical
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1 services system by private, public or governmental third
2 parties, including the Federal Government.
3 (j) Other contracts.--Except as provided in subsection (c),
4 the [secretary] department may enter into contracts with
5 organizations other than emergency medical services councils in
6 order to assist the department in complying with the provisions
7 of this act.
8 (k) Public disclosure.--Finalized contracts shall be deemed
9 public records.
10 Section 5. Section 11(a.1) of the act, amended October 5,
11 1994 (P.L.557, No.82), is amended to read:
12 Section 11. Emergency medical services personnel.
13 * * *
14 (a.1) Certification of first responders.--
15 (1) A first responder performs basic life support
16 activities, as authorized by the [Department of Health]
17 department, to stabilize and improve a patient's condition in
18 a prehospital setting until more highly trained emergency
19 medical services personnel arrive at the scene.
20 (2) The department shall certify any person as a first
21 responder who:
22 (i) Completes an application on a form prescribed by
23 the department.
24 (ii) Is at least 16 years of age.
25 (iii) Successfully completes a first responder
26 training course approved by the department.
27 (iv) Has taken and successfully passed a written
28 examination prescribed by the department.
29 (v) Has taken and successfully passed a practical
30 test of first responder skills prescribed by the
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1 department.
2 (3) A certification is valid for a period of three
3 years, subject to disciplinary action pursuant to subsection
4 (j.1). The department shall recertify as a first responder an
5 individual who complies with all of the following:
6 (i) Completes an application on a form prescribed by
7 the department.
8 (ii) Is or was previously certified as a first
9 responder.
10 (iii) Successfully completes:
11 (A) a first responder practical skills and
12 written knowledge examination prescribed by the
13 department; or
14 (B) a continuing education program for first
15 responders approved or recognized by the department.
16 (iv) The department, in consultation with the State
17 Advisory Council, shall review and update continuing
18 education programs not less than biennially.
19 (4) A person who has received certification as a first
20 responder pursuant to the voluntary first responder
21 certification program conducted by the department prior to
22 the effective date of this amendatory act shall be deemed
23 certified under the act. The certification shall be valid for
24 three years after issued, and recertification requirements of
25 paragraph (3) shall then apply.
26 * * *
27 Section 6. Section 12(d) of the act is amended to read:
28 Section 12. Minimum standards for ambulance service.
29 * * *
30 (d) Rules and regulations.--Within one year of the effective
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1 date of this act, the [secretary] department shall promulgate
2 rules and regulations setting forth the minimum essential
3 equipment for ambulances used to provide basic or advanced life
4 support services in this Commonwealth and shall prescribe design
5 criteria for any vehicle used or intended to be used as an
6 ambulance. Equipment listed shall include the minimum essential
7 equipment required for effective operation and rendering of
8 appropriate emergency medical care in accordance with current
9 national standards.
10 * * *
11 Section 7. All powers and duties vested in the Secretary of
12 Health and the Department of Health by this act are hereby
13 transferred to the Pennsylvania Emergency Management Agency.
14 Section 8. This act shall take effect in 90 days.
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