PRINTER'S NO. 2560
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1853
Session of
2021
INTRODUCED BY D. MILLER, DECEMBER 22, 2021
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, DECEMBER 22, 2021
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for reimbursements for
physical examinations of firefighters; and establishing the
Firefighter Physical Examination Reimbursement Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 75B
REIMBURSEMENTS FOR PHYSICAL EXAMINATIONS
OF FIREFIGHTERS
Sec.
75B01. Purpose.
75B02. Definitions.
75B03. Physical examinations.
75B04. Firefighter Physical Examination Reimbursement Fund.
75B05. Applications.
75B06. Fire company eligibility.
75B07. Reimbursements.
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75B08. Annual reports.
75B09. Distribution of information.
75B10. Appropriations.
§ 75B01. Purpose.
The General Assembly has determined that fire companies are
in need of financial support. The General Assembly intends that
the reimbursement payments provided under this chapter be used
to cover the costs incurred for required physical examinations
of firefighters.
§ 75B02. 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:
"Airport fire company." A fire company that does all of the
following:
(1) Is associated with an airport.
(2) Has a mutual aid agreement with a neighboring
municipality.
(3) Has responded to at least 15 fire or rescue
emergency calls annually to neighboring fire companies as
provided in documentation requested by the commissioner.
"Commissioner." The State Fire Commissioner.
"Eligible fire company." A fire company that is eligible
under section 75B06 (relating to fire company eligibility) to
receive reimbursement from the fund.
"Fire company." A volunteer fire company, a municipal fire
company or a combined volunteer and municipal fire company
located in this Commonwealth. The term includes an airport fire
company.
"Firefighter." A career firefighter or volunteer firefighter
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who actively responded to at least 15 fire or rescue emergencies
as determined by the firefighter's fire company during the
previous calendar year.
"Fund." The Firefighter Physical Examination Reimbursement
Fund established under section 75B04 (relating to Firefighter
Physical Examination Reimbursement Fund).
"Licensed practitioner." A medical doctor, certified nurse
practitioner or physician assistant licensed to practice in this
Commonwealth.
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
"NFPA 1582." The National Fire Protection Association
Standard 1582, Standard on Comprehensive Occupational Medical
Program for Fire Departments, 2018 edition.
"Office." The Office of the State Fire Commissioner.
"Physical examination." As follows:
(1) As defined in NFPA 1582.
(2) The term applies to initial physical examination
requirements and annual physical examination requirements as
determined by the fire company or as prescribed by a
governing collective bargaining agreement.
"Volunteer fire company." A nonprofit chartered corporation,
association or organization located in this Commonwealth that
provides fire protection or rescue services and that may offer
other voluntary emergency services, which may include voluntary
ambulance and voluntary rescue services, within this
Commonwealth.
§ 75B03. Physical examinations.
(a) Initial and annual physical examinations.--
(1) Subject to any governing provision in a collective
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bargaining agreement, a fire company may require each
firefighter of the fire company to obtain an initial physical
examination or an annual physical examination as a condition
of employment as a firefighter or as a condition of service
as a volunteer firefighter.
(2) Each initial physical examination and each annual
physical examination must:
(i) Comply with the standards specified in NFPA
1582.
(ii) Be administered by a licensed practitioner.
(b) Confidentiality.--The health records of a firefighter,
which are associated with a physical examination under this
chapter, shall remain private and shall not be shared with the
fire company of the firefighter or any other person except with
the written consent of the firefighter or as required under a
governing collective bargaining agreement.
(c) Levels of participation.--
(1) The licensed practitioner who administers a physical
examination of a firefighter shall issue a report to the fire
company of the firefighter that specifies the level of
participation for which the firefighter is medically
qualified at the time of the physical examination.
(2) Unless otherwise specified in a governing collective
bargaining agreement, or unless otherwise specified in a fire
company policy in the absence of a governing collective
bargaining agreement, the levels of participation shall be as
follows:
(i) Fit for duty, in which case the firefighter is
qualified to participate in all firefighter duties,
including interior firefighting and the wearing of a
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self-contained breathing apparatus.
(ii) Limited duty, in which case the firefighter is
qualified to participate in firefighter duties that do
not entail the wearing of a self-contained breathing
apparatus. Limited duty status may:
(A) Be specified for a time certain.
(B) Require retest or follow up with the
individual's primary care physician.
(C) Include any additional measure consistent
with fire company policy unless superseded by any
related provisions in a governing collective
bargaining agreement.
§ 75B04. Firefighter Physical Examination Reimbursement Fund.
(a) Establishment.--The Firefighter Physical Examination
Reimbursement Fund is established as a special fund within the
State Treasury. The fund shall consist of money appropriated or
transferred to the fund by act of the General Assembly, in
addition to any grants, gifts, donations or other payments from
other sources.
(b) Use.--Money in the fund shall be used for the purposes
of:
(1) reimbursing eligible fire companies for costs
incurred for the required physical examinations of
firefighters; and
(2) administering the provisions of this chapter.
§ 75B05. Applications.
(a) Notice.--
(1) By September 8 of each year, the commissioner shall
provide application forms and written instructions for
reimbursements from the fund to:
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(i) The fire chief and president of each volunteer
fire company.
(ii) The chief executive of each municipality in
which a municipal fire company is located.
(iii) The head of each combined volunteer and
municipal fire company and each airport fire company.
(2) The application forms and written instructions for
reimbursements from the fund shall also be posted on the
publicly accessible Internet website of the office.
(b) Contents.--An application for reimbursement from the
fund must contain the following:
(1) The name, address, telephone number and other
contact information of the fire company requesting
reimbursement.
(2) The name of all firefighters who received a physical
examination, along with the date of the physical examination,
for which reimbursement is sought.
(3) Documentation reflecting the out-of-pocket costs
borne by the fire companies or the firefighter for the
physical examinations to be reimbursed, as well as any
certification requirements otherwise prescribed.
(4) Any other information required by the office to
assist in processing reimbursement from the fund.
(c) Completion.--
(1) The period to submit applications for reimbursement
from the fund shall remain open for 45 days each year.
(2) Completed applications for reimbursement from the
fund must be submitted to the office within the designated
time frames and in the form and manner prescribed by the
office.
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(d) Determination.--Within 60 days of the application
submission deadline each year, the commissioner shall act to
approve or disapprove submitted applications for reimbursement
from the fund. Applications that have not been approved or
disapproved within 60 days after the close of the application
period each year shall be deemed approved.
§ 75B06. Fire company eligibility.
(a) Mandate.--Reimbursement from the fund may only be made
to an eligible fire company.
(b) Criteria.--To be considered an eligible fire company, a
fire company must:
(1) Actively participate in the Pennsylvania Fire
Information Reporting System (PennFIRS) under a signed
agreement. The following apply:
(i) The commissioner shall develop guidelines
specifying the criteria necessary to determine the level
of participation in PennFIRS for fire companies to remain
eligible for reimbursement from the fund.
(ii) The commissioner shall transmit notice of the
guidelines under subparagraph (i) to the Legislative
Reference Bureau for publication in the Pennsylvania
Bulletin.
(2) Certify that all firefighters to which reimbursement
from the fund is sought have completed, at a minimum, two
hours of training in the previous 12 months as to the
detection, management and treatment of mental health
conditions specifically related to the fire service. Training
must include providing related support resources and must be
approved by the commissioner.
(3) Certify that each firefighter who obtained an annual
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physical examination and for whom reimbursement is sought
from the fund has received the minimum level of Firefighter 1
under the Pennsylvania State Fire Academy standards on or
before July 1 of the year in which the reimbursement
application is made.
§ 75B07. Reimbursements.
(a) Retention of reimbursement.--If a fire company receives
reimbursement for costs that were paid directly by the fire
company on behalf of a firefighter, the fire company may retain
the reimbursement.
(b) Distribution of reimbursement.--If a fire company
receives reimbursement for costs that were paid directly by the
firefighter, the fire company shall distribute the reimbursement
to the firefighter as soon as practicable.
(c) Amount.--The amount of a reimbursement under subsection
(a) shall be commensurate with the actual expenses incurred for
the physical examination and shall not exceed $650 per
firefighter.
(d) Pro rata reimbursements.--Reimbursements shall be made
on a pro rata basis if the total dollar amount of the approved
applications exceeds the amount of money available in the fund
to provide the reimbursements.
§ 75B08. Annual reports.
(a) Requirement.--No later than September 1 of each year,
the office shall issue an annual report, which shall include all
of the following information:
(1) The money in the fund at the beginning of the
previous fiscal year and the balance in the fund at the end
of the previous fiscal year.
(2) The number of reimbursement applications received by
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the office during the previous fiscal year.
(3) The number of reimbursements made during the
previous fiscal year.
(4) The fire companies to which reimbursements were made
during the previous fiscal year.
(5) The total dollar amount of reimbursements made
during the previous fiscal year.
(b) Confidentiality.--The confidentiality standards
specified in section 75B03 (relating to physical examinations)
shall govern information contained in any report under this
section.
(c) Submittal.--Each report under this section shall be
posted on the publicly accessible Internet website of the office
and submitted to the following:
(1) The chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
Senate.
(2) The chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
House of Representatives.
§ 75B09. Distribution of information.
The office shall annually distribute information on the fund
to all fire companies in this Commonwealth, including
reimbursement procedures and eligibility criteria.
§ 75B10. Appropriations.
Money necessary to administer this chapter shall be provided
by an annual appropriation by the General Assembly.
Section 2. This act shall take effect in 90 days.
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