Regular Session 2017-2018 House Bill 1341 P.N. 1660

PRINTER'S NO. 1660

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1341

Session of

2017

INTRODUCED BY PYLE, MILLARD, PICKETT, CAUSER, NEILSON, IRVIN,

HEFFLEY, BOBACK, ZIMMERMAN, DeLUCA, WHEELAND, FARRY AND

GABLER, MAY 5, 2017

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

MAY 5, 2017

AN ACT

Amending the act of July 7, 2008 (P.L.654, No.55), entitled "An

act providing for bituminous coal mines; and making a

repeal," in emergency medical personnel, further providing

for definitions, for emergency medical personnel, for

regulations, for continuing training, for certification and

for liability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 601, 602, 603, 605, 607 and 608 of the

act of July 7, 2008 (P.L.654, No.55), known as the Bituminous

Coal Mine Safety Act, are amended to read:

Section 601. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Emergency medical responder." A coal mine employee who

complies with all of the following:

(1) Has been certified by the Department of Health as an

emergency medical responder.

(2) Has successfully completed all of the following

courses of additional training of the type approved by the

Department of Health for emergency medical technicians:

(i) Patient assessment in the areas of splinting,

extremity manual, rigid and soft vacuum.

(ii) Spine care in the areas of:

(A) restricting spinal motion, helmet removal

and stabilization; and

(B) devices to restrict spinal motion.

(3) Has successfully completed any additional courses

required by regulation of the board.

"Emergency medical technician." A coal mine employee [who

has successfully completed the course on emergency first aid

care and transportation of the sick and injured recommended by

the American Academy of Orthopedic Surgeons or an equivalent

organization and] who has been certified by the Department of

Health [to provide] as an emergency [care] medical technician.

"[Emergency medical technician paramedic] Paramedic." An

individual who has been certified by the Department of Health

[to provide emergency medical treatment] as a paramedic.

Section 602. Emergency medical personnel.

Emergency medical personnel shall be employed at every mine

as follows:

(1) At least one emergency medical responder or

emergency medical technician shall be on duty at any time

when miners at that mine are engaged in the extraction,

production or preparation of coal. Emergency medical

responders or emergency medical technicians shall be on duty

at a mine in sufficient numbers to assure that no miner shall

work in a mine location which cannot be reached in 30 minutes

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by an emergency medical responder or an emergency medical

technician. Emergency medical responders or emergency medical

technicians shall be employed at their regular duties at

locations convenient for quick response to emergencies and

shall have available to them at all times necessary equipment

in compliance with Federal regulations.

(2) Telephone services or the equivalent facilities

shall be installed which shall provide two-way voice

communications between the emergency medical responder or the

emergency medical technician at the mine and medical

personnel outside or away from the mine who provide emergency

medical services on a regular basis.

(3) Operators shall make adequate provisions so that at

least one [emergency medical technician] paramedic,

registered nurse, physician or physician assistant is

available to provide care at a mine at any time that

individuals are engaged in extraction, production or

preparation of coal. Emergency medical personnel under this

paragraph shall be on call to reach the entrance of the mine

within 30 minutes.

[Section 603. Regulations for training and certification.

The Department of Health shall promulgate regulations to

train and certify emergency medical technicians and emergency

medical technician paramedics.

Section 605. Continuing training.

The department, after consultation with the Department of

Health regarding the content of instruction courses, shall

provide for necessary training on a continuing basis of

emergency medical technicians and emergency medical technician

paramedics in sufficient numbers to satisfy the requirements of

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this chapter.]

Section 607. Certification.

The Department of Health shall promulgate regulations to

prescribe procedures necessary to certify emergency medical

responders, emergency medical technicians and [emergency medical

technician] paramedics and consult with the department as may be

required under this chapter.

Section 608. Liability.

(a) Physicians.--

(1) Except as set forth in paragraph (2), a physician

who in good faith gives instructions to [a certified] an

emergency medical responder, an emergency medical technician

[or emergency medical technician], a paramedic, a registered

nurse or a physician assistant shall not be liable for civil

damages as a result of issuing the instructions.

(2) Paragraph (1) does not apply where the actions

constitute gross negligence, reckless misconduct or

intentional misconduct.

(b) Other medical personnel.--

(1) Except as set forth in paragraph (2), [a certified]

an emergency medical responder, an emergency medical

technician, [emergency medical technician] a paramedic, a

registered nurse or a physician assistant who in good faith

attempts to render emergency care to a sick or injured

individual in or about a mine shall not be liable for civil

damages as a result of any acts or omissions.

(2) Paragraph (1) does not apply where the actions

constitute gross negligence, reckless misconduct or

intentional misconduct.

Section 2. This act shall take effect in 60 days.

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