35cc

TABLE OF CONTENTS

 

TITLE 35

HEALTH AND SAFETY

 

PART II

REGULATED ENTITIES

 

Chapter 33.  Health Care Cost Containment

 

§ 3301.  Short title of chapter.

§ 3302.  Definitions.

§ 3303.  Health Care Cost Containment Council.

§ 3304.  Powers and duties of council.

§ 3305.  Data submission and collection.

§ 3306.  Data dissemination and publication.

§ 3307.  Mandated health benefits.

§ 3308.  Right-to-Know Law and access to council data.

§ 3309.  Special studies and reports.

§ 3310.  Enforcement and penalty.

§ 3311.  Research and demonstration projects.

§ 3312.  Grievances and grievance procedures.

§ 3313.  Antitrust provisions.

§ 3314.  Contracts with vendors.

§ 3315.  Reporting.

§ 3316.  Severability.

§ 3317.  Expiration.

 

PART III.  PUBLIC SAFETY

 

Chapter 51.  Safe Opioid Prescription

 

§ 5101.  Definitions.

§ 5102.  Safe opioid prescription education.

§ 5103.  Temporary regulations.

 

Chapter 52.  Patient Voluntary Nonopioid Directive

 

§ 5201.  Scope of chapter.

§ 5202.  Definitions.

§ 5203.  Voluntary nonopioid directive.

§ 5204.  Guidelines.

§ 5205.  Exemption from liability.

§ 5206.  Licensing boards.

 

Chapter 52A.  Prescribing Opioids to Minors

 

§ 52A01.  Definitions.

§ 52A02.  Administration.

§ 52A03.  Prohibition.

§ 52A04.  Procedure.

§ 52A05.  Penalties.

 

Chapter 52B.  Opioid Treatment Agreements

 

§ 52B01.  Definitions.

§ 52B02.  Procedure.

§ 52B03.  Regulations.

§ 52B04.  Penalties.

 

Chapter 53.  911 Emergency Communication Services

 

§ 5301.  Scope of chapter.

§ 5302.  Definitions.

§ 5303.  Telecommunications management.

§ 5304.  Counties.

§ 5304.1. Pennsylvania State Police.

§ 5305.  911 system plan.

§ 5306.  Special public meeting (Deleted by amendment).

§ 5306.1. Fund.

§ 5306.2. Uniform 911 surcharge.

§ 5307.  Payment, collection and remittance of surcharge by providers of 911 communications services.

§ 5307.1. Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.

§ 5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).

§ 5309.  Telephone records.

§ 5310.  Penalty.

§ 5311.  (Reserved).

§ 5311.1. Immunity.

§ 5311.2. Powers and duties of agency (Deleted by amendment).

§ 5311.3. Advisory committee (Deleted by amendment).

§ 5311.4. Wireless E-911 Emergency Services Fund (Deleted by amendment).

§ 5311.5. Disbursement of fund amounts by agency (Deleted by amendment).

§ 5311.6. Reporting (Deleted by amendment).

§ 5311.7. Prohibition against release of information.

§ 5311.8. Wireless provider and VoIP provider records (Deleted by amendment).

§ 5311.9. Immunity (Deleted by amendment).

§ 5311.10. Agency funding for wireless E-911 support (Deleted by amendment).

§ 5311.11. Rate regulation.

§ 5311.12. Regulations (Deleted by amendment).

§ 5311.13. Enforcement (Deleted by amendment).

§ 5311.14. Collection and disbursement of VoIP 911 fee (Deleted by amendment).

§ 5311.15. Shared residential MLTS service.

§ 5311.16. Business MLTS.

§ 5311.17. Shared communications services.

§ 5311.18. Temporary residence.

§ 5311.19. Local notification.

§ 5311.20. ALI database maintenance.

§ 5311.21. Industry standards.

§ 5311.22. Dialing instructions.

§ 5311.23. MLTS signaling.

§ 5311.24. MLTS operator education.

§ 5311.25. Limitation of liability.

§ 5312.  (Reserved)

§ 5312.1. Legislative study (Deleted by amendment).

§ 5313.  Legislative report.

§ 5314.  Inventory.

§ 5398.  Termination.

§ 5399.  Prohibited release of information.

 

Chapter 54.  Cancer Trial Access for Pennsylvania Patients

 

§ 5401.  Scope of chapter.

§ 5402.  Legislative findings and intent.

§ 5403.  Definitions.

§ 5404.  Improving access to cancer clinical trials.

 

Chapter 55.  Epinephrine Auto-injector Entities

 

§ 5501.  Scope of chapter.

§ 5502.  Definitions.

§ 5503.  Epinephrine auto-injectors for authorized entities.

 

Chapter 56.  Nonprofit Security Grant Fund

 

§ 5601.  Definitions.

§ 5602.  Nonprofit Security Grant Fund.

§ 5603.  Administration.

§ 5604.  Expiration.

 

Chapter 57.  COVID-19 Disaster Emergency

 

Subchapter A.  Preliminary Provisions

 

§ 5701.  Definitions.

 

Subchapter B.  Property Tax Relief

 

§ 5711.  Scope of subchapter.

§ 5712.  Definitions.

§ 5713.  Real property tax relief.

 

Subchapter C.  Educational Tax Credit

 

§ 5721.  Waivers and penalties.

 

Subchapter C.1. School Contractors

 

§ 5721.1.  Contract service providers.

 

Subchapter D.  Notarial Acts

 

§ 5731.  Remotely located individual.

 

Subchapter E.  Local Government Meetings

 

§ 5741.  Response to COVID-19 disaster emergency.

 

Chapter 57A.  COVID-19 Enforcement Officer Disability Benefits

 

§ 57A01.  Scope of chapter.

§ 57A02.  Enforcement officer disability benefits.

 

Chapter 58.  COVID-19 Benefits for Members of Pennsylvania National Guard

 

§ 5801.  Scope of chapter.

§ 5802.  Benefit.

 

PART V.  EMERGENCY MANAGEMENT SERVICES

 

Chapter 71.  General Provisions

 

Subchapter A.  Preliminary Provisions

 

§ 7101.  Short title of part.

§ 7102.  Definitions.

§ 7103.  Purposes of part.

§ 7104.  Limitations.

 

Subchapter B.  Interstate Civil Defense and Disaster Compact

 

§ 7111.  Interstate civil defense and disaster compact enacted.

 

Chapter 73.  Commonwealth Services

 

Subchapter A.  The Governor and Disaster Emergencies

 

§ 7301.  General authority of Governor.

§ 7302.  Temporary housing.

§ 7303.  Debris and wreckage removal.

§ 7304.  Community disaster loans.

§ 7305.  Individual and family assistance.

§ 7305.1. Grants for hazard mitigation.

§ 7306.  Appropriation of Federal funds.

§ 7307.  Use and appropriation of unused Commonwealth funds (Repealed).

§ 7308.  Laws suspended during emergency assignments.

 

Subchapter B.  Pennsylvania Emergency Management Agency

 

§ 7311.  Creation.

§ 7312.  Organization.

§ 7313.  Powers and duties.

§ 7314.  Utilization of existing services and facilities.

§ 7315.  Pennsylvania State Fire Commissioner (Repealed).

§ 7316.  Pennsylvania State Fire Academy (Repealed).

§ 7317.  Pennsylvania Volunteer Loan Assistance Program (Repealed).

§ 7318.  Fire Safety Advisory Committee (Repealed).

§ 7319.  Appropriations (Repealed).

§ 7320.  Radiological emergency response preparedness, planning and recovery program.

§ 7321.  Unconventional well 911 emergency response information.

 

Subchapter C.  Intrastate Mutual Aid

 

§ 7331.  Purpose of subchapter.

§ 7332.  Definitions.

§ 7333.  Intrastate Mutual Aid Committee.

§ 7334.  System.

§ 7335.  Assistance.

§ 7336.  License, certificate and permit portability.

§ 7337.  Insurance.

§ 7338.  Workers' compensation.

§ 7339.  Immunity.

§ 7340.  Effect on other agreements.

 

Subchapter D.  State Firemen's Training School

 

§ 7351.  Establishment, purpose and name.

§ 7352.  Supervision and control.

§ 7353.  Powers and duties.

§ 7354.  Persons admitted.

§ 7355.  Application for admission.

§ 7356.  Acquisition of site.

§ 7357.  Conveyance of land and plans for buildings and structures.

§ 7358.  Leasing by Commonwealth.

 

Subchapter E.  Fire and Emergency Medical Services Loan Program

 

§ 7361.  Scope of subchapter.

§ 7362.  Legislative findings and declaration of purpose.

§ 7363.  Definitions.

§ 7364.  Assistance to fire companies and EMS companies.

§ 7365.  Fire and Emergency Medical Services Loan Fund.

§ 7366.  Powers and duties of office.

§ 7367.  Authority to borrow.

§ 7368.  Bonds, issue, maturity and interest.

§ 7369.  Sale of bonds.

§ 7370.  Refunding bonds.

§ 7371.  Disposition and use of proceeds.

§ 7372.  Registration of bonds.

§ 7373.  Information to General Assembly.

§ 7374.  Fire and Emergency Medical Services Loan Sinking Fund and investments.

§ 7375.  Expenses of preparation, issue and sale of bonds.

§ 7376.  Repayment obligations for principal and interest.

§ 7377.  Quorum.

§ 7378.  Temporary financing authorization.

§ 7378.1. Referendum for additional indebtedness.

§ 7378.2. Authorization of contracts, reimbursement procedure and amount.

§ 7378.3. Reimbursement procedure and amount.

§ 7378.4. Referendum to expand loan assistance.

§ 7378.5. Annual report and distribution of information.

 

Subchapter F.  State Fire Commissioner

 

§ 7381.  Scope of subchapter.

§ 7382.  Definitions.

§ 7383.  State Fire Commissioner.

§ 7383.1. Curriculum and training.

§ 7384.  Pennsylvania State Fire Academy.

§ 7385.  Pennsylvania Fire and Emergency Medical Services Loan Program.

§ 7386.  State Fire Advisory Board.

§ 7387.  Appropriations.

§ 7388.  Online training for firefighters.

 

Chapter 74.  Volunteer Firefighters

 

Subchapter A.  Preliminary Provisions

 

§ 7401.  Scope of chapter.

§ 7402.  Definitions (Reserved).

§ 7403.  Insurance and compensation.

 

Subchapter B.  Fire Relief Association

 

§ 7411.  Scope of subchapter.

§ 7412.  Definitions.

§ 7413.  Statement of purpose.

§ 7414.  Construction.

§ 7415.  Structure.

§ 7416.  Funds.

§ 7417.  Cooperation agreements.

§ 7418.  Audits.

§ 7419.  Dissolution.

§ 7419.1. Fire relief formula study.

 

Subchapter C.  Employment Sanctions

 

§ 7421.  Scope of subchapter.

§ 7422.  Definitions.

§ 7423.  Prohibition on termination and discipline.

§ 7424.  Prohibition on discrimination.

§ 7425.  Lost time.

§ 7426.  Statements.

§ 7427.  Violations.

 

Subchapter D.  Special Fire Police

 

§ 7431.  Scope of subchapter.

§ 7432.  Definitions (Reserved).

§ 7433.  Nomination.

§ 7434.  Confirmation.

§ 7435.  Powers.

§ 7436.  Power and authority in places other than where appointed.

§ 7437.  Badge of authority and subordination.

 

Chapter 75.  Local Organizations and Services

 

Subchapter A.  General Provisions

 

§ 7501.  General authority of political subdivisions.

§ 7502.  Local coordinator of emergency management.

§ 7503.  Powers and duties of political subdivisions.

§ 7504.  Coordination, assistance and mutual aid.

 

Subchapter B.  Payment of Expenses

 

§ 7511.  Appropriations by political subdivisions.

§ 7512.  Law applicable to local organizations.

§ 7513.  Agreements among political subdivisions.

§ 7514.  Payments involving one political subdivision.

§ 7515.  Payments involving two or more political subdivisions.

 

Chapter 75A.  Emergency Responder Mental Wellness and Stress Management

 

§ 75A01.  Definitions.

§ 75A02.  Mental wellness and stress management guidelines.

§ 75A03.  Peer-to-peer support programs.

§ 75A04.  Trained peer support providers.

§ 75A05.  Toll-free helpline.

§ 75A06.  Statewide Critical Incident Stress Management Program.

§ 75A07.  Trauma and suicide awareness and impact training.

§ 75A08.  Nonprofit organizations.

§ 75A09.  Publication.

§ 75A10.  Confidential communications involving emergency responders.

§ 75A11.  Funding.

 

Chapter 76.  Emergency Management Assistance Compact

 

§ 7601.  Compact enacted.

§ 7602.  Exercise of powers and duties.

§ 7603.  Mutual agreements.

§ 7604.  Budgetary considerations.

 

Chapter 77.  Miscellaneous Provisions

 

§ 7701.  Duties concerning disaster prevention.

§ 7702.  Acceptance of services, gifts, grants and loans.

§ 7703.  Interstate arrangements.

§ 7704.  Immunity from civil liability.

§ 7705.  Special powers of local agencies.

§ 7706.  Compensation for accidental injury.

§ 7707.  Penalties.

§ 7708.  Fire force disbanded in favor of volunteers.

§ 7709.  Fires on State premises.

§ 7710.  Firefighters and Auxiliaries Day.

§ 7711.  Firefighters' Memorial Flag.

§ 7712.  Firefighters' Memorial Sunday.

§ 7713.  Prohibition on certain service.

§ 7714.  Soliciting by first responder organizations.

 

Chapter 78.  Grants to Fire Companies and Emergency Medical Services Companies

 

Subchapter A.  Preliminary Provisions

 

§ 7801.  Scope of chapter.

§ 7802.  Definitions.

 

Subchapter B.  Fire Company Grant Program

 

§ 7811.  Establishment.

§ 7812.  Publication and notice.

§ 7813.  Award of grants.

§ 7814.  Consolidation incentive.

 

Subchapter C.  Emergency Medical Services Grant Program

 

§ 7821.  Establishment.

§ 7822.  Publication and notice.

§ 7823.  Award of grants.

§ 7824.  Consolidation incentive.

 

Subchapter C.1.  COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program

 

§ 7823.1. Establishment.

§ 7823.2. Publication and notice.

§ 7823.3. Award of grants.

 

Subchapter D.  Grant Funding Provisions

 

§ 7831.  Fire Company Grant Program.

§ 7832.  Emergency Medical Services Company Grant Program.

§ 7832.1. Additional funding.

§ 7832.2. COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program.

§ 7833.  Allocation of appropriated funds.

 

Subchapter E.  Miscellaneous Provisions

 

§ 7841.  Expiration of authority.

§ 7841.1. Expiration of authority relating to COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program.

§ 7842.  Special provisions.

§ 7843.  Annual reports.

 

Chapter 79.  Disaster Emergency Assistance

 

Subchapter A.  Preliminary Provisions

 

§ 7901.  Short title of chapter.

§ 7902.  Legislative purpose.

§ 7903.  Definitions.

§ 7904.  Construction.

 

Subchapter B.  Public Disaster Assistance Grant Program

 

§ 7921.  Establishment.

§ 7922.  Eligibility.

§ 7923.  Application for and issuance of grant.

§ 7924.  Grant funds.

§ 7925.  Use of grant funds.

§ 7926.  Limitations.

 

Subchapter C.  Miscellaneous Provisions

 

§ 7931.  Powers and duties of agency.

 

Chapter 79A.  Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies

 

Subchapter A.  Preliminary Provisions

 

§ 79A01.  Scope of chapter.

§ 79A02.  Purpose.

§ 79A03.  Definitions.

 

Subchapter B.  Tax Credits

 

§ 79A11.  Program authorization.

§ 79A12.  Claim.

§ 79A13.  Real property tax credit.

§ 79A14.  Limitations.

 

Subchapter C.  Volunteer Service Credit

 

§ 79A21.  Volunteer service credit program.

§ 79A22.  Service record.

§ 79A23.  Certification.

§ 79A24.  Rejection and appeal.

 

Subchapter D.  Miscellaneous Provisions

 

§ 79A31.  Penalties for false reporting.

§ 79A32.  Intergovernmental cooperation.

§ 79A33.  Duties of State Fire Commissioner.

 

PART VI.  EMERGENCY MEDICAL SERVICES

 

Chapter 81.  Emergency Medical Services System

 

Subchapter A.  Preliminary Provisions

 

§ 8101.  Short title of chapter.

§ 8102.  Declaration of policy.

§ 8103.  Definitions.

§ 8104.  Emergency medical services system programs.

§ 8105.  Duties of department.

§ 8106.  Emergency medical services patient care reports.

§ 8107.  Pennsylvania Trauma Systems Foundation.

§ 8107.1. Accreditation of trauma centers.

§ 8107.2. Submission of list.

§ 8107.3. Funding.

§ 8107.4. Notification of trauma center closure.

§ 8107.5. Reporting.

§ 8107.6. Certification and financial report.

§ 8108.  State Advisory Board.

§ 8109.  Regional emergency medical services councils.

 

Subchapter B.  Program

 

§ 8111.  Comprehensive plan.

§ 8112.  Contracts and grants.

§ 8113.  Emergency medical services providers.

§ 8114.  Emergency medical responders.

§ 8115.  Emergency medical technicians.

§ 8116.  Advanced emergency medical technicians.

§ 8117.  Paramedics.

§ 8118.  Prehospital registered nurses.

§ 8119.  Prehospital physician extenders.

§ 8120.  Prehospital emergency medical services physicians.

§ 8121.  Certification sanctions.

§ 8122.  Emergency medical services vehicle operators.

§ 8123.  Suspension of certification.

§ 8124.  Emergency medical services instructors.

§ 8125.  Medical director of emergency medical services agency.

§ 8126.  Medical command physicians and facility medical directors.

§ 8127.  Medical command facilities.

§ 8128.  Receiving facilities.

§ 8129.  Emergency medical services agencies.

§ 8130.  Advanced life support ambulances.

§ 8131.  Air ambulances.

§ 8132.  Advanced life support squad vehicles.

§ 8133.  Basic life support ambulances.

§ 8134.  Basic life support squad vehicles.

§ 8135.  Quick response services.

§ 8136.  Special operations emergency medical services.

§ 8137.  First aid and other services.

§ 8138.  Other vehicles and services.

§ 8139.  Stretcher and wheelchair vehicles.

§ 8140.  Conditional temporary licenses.

§ 8141.  Plans of correction.

§ 8142.  Emergency medical services agency license sanctions.

 

Subchapter C.  Miscellaneous Provisions

 

§ 8151.  Limitations on liability.

§ 8152.  Peer review.

§ 8153.  Support of emergency medical services.

§ 8154.  Prohibited acts.

§ 8155.  Surrender of license, accreditation or certification.

§ 8156.  Penalties.

§ 8157.  Adjudications and judicial review.

35c3301h

 

 

TITLE 35

HEALTH AND SAFETY

 

Part

 II.  Regulated Entities

III.  Public Safety

V.  Emergency Management Services

VI.  Emergency Medical Services

 

Enactment.  Unless otherwise noted, the provisions of Title 35 were added November 26, 1978, P.L.1332, No.323, effective immediately.

 

 

PART II

REGULATED ENTITIES

 

Chapter

33.  Health Care Cost Containment

 

Enactment.  Part II was added April 20, 2020, P.L.82, No.15, effective immediately.

Special Provisions in Appendix.  See section 2 of Act 15 of 2020 in the appendix to this title for special provisions relating to applicability.

 

 

CHAPTER 33

HEALTH CARE COST CONTAINMENT

 

Sec.

3301.  Short title of chapter.

3302.  Definitions.

3303.  Health Care Cost Containment Council.

3304.  Powers and duties of council.

3305.  Data submission and collection.

3306.  Data dissemination and publication.

3307.  Mandated health benefits.

3308.  Right-to-Know Law and access to council data.

3309.  Special studies and reports.

3310.  Enforcement and penalty.

3311.  Research and demonstration projects.

3312.  Grievances and grievance procedures.

3313.  Antitrust provisions.

3314.  Contracts with vendors.

3315.  Reporting.

3316.  Severability.

3317.  Expiration.

 

Enactment.  Chapter 33 was added April 20, 2020, P.L.82, No.15, effective immediately.

35c3301s

§ 3301.  Short title of chapter.

This chapter shall be known and may be cited as the Health Care Cost Containment Act.

35c3302s

§ 3302.  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:

"Ambulatory service facility."  A facility licensed in this Commonwealth which is not part of a hospital and which provides medical, diagnostic or surgical treatment to patients not requiring hospitalization, including ambulatory surgical facilities, ambulatory imaging or diagnostic centers, birthing centers, freestanding emergency rooms and any other facilities providing ambulatory care which charge a separate facility charge. The term does not include the offices of private physicians or dentists, whether for individual or group practices.

"Charge" or "rate."  The amount billed by a provider for specific goods or services provided to a patient, prior to any adjustment for contractual allowances.

"Council."  The Health Care Cost Containment Council.

"Covered services."  Any health care services or procedures connected with episodes of illness or injury that require either inpatient hospital care or major ambulatory service, including any initial and follow-up outpatient services associated with the episode of illness or injury before, during or after inpatient hospital care or major ambulatory service. The term does not include routine outpatient services connected with episodes of illness that do not require hospitalization or major ambulatory service.

"Data."  Data collected by the council under section 3305 (relating to data submission and collection). The term includes raw data.

"Data source."  The term includes a provider.

"Health care facility."  A general or special hospital, including:

(1)  Psychiatric hospitals.

(2)  Kidney disease treatment centers, including freestanding hemodialysis units.

(3)  Ambulatory service facilities.

(4)  Hospices, including hospices operated by an agency of State or local government.

"Health care insurer."  As follows:

(1)  A person, corporation or other entity that offers administrative, indemnity or payment services for health care in exchange for a premium or service charge under a program of health care benefits, including, but not limited to:

(i)  An insurance company, association or exchange issuing health insurance policies in this Commonwealth governed by the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.

(ii)  A hospital plan corporation as defined in 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations).

(iii)  A professional health service corporation as defined in 40 Pa.C.S. Ch. 63 (relating to professional health services plan corporations).

(iv)  A health maintenance organization governed by the act of December 29, 1972 (P.L.1701, No.364), known as the Health Maintenance Organization Act.

(v)  A third-party administrator governed by Article X of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.

(2)  The term does not include:

(i)  Employers, labor unions or health and welfare funds jointly or separately administered by employers or labor unions that purchase or self-fund a program of health care benefits for their employees or members and their dependents.

(ii)  The following types of insurance or any combination thereof:

(A)  Accident only.

(B)  Fixed indemnity.

(C)  Hospital indemnity.

(D)  Limited benefit.

(E)  Credit.

(F)  Dental.

(G)  Vision.

(H)  Specified disease.

(I)  Medicare supplement.

(J)  Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) supplement.

(K)  Long-term care or disability income.

(L)  Workers' compensation.

(M)  Automobile medical payment insurance.

"Health maintenance organization."  An organized system which combines the delivery and financing of health care and which provides basic health services to voluntarily enrolled subscribers for a fixed prepaid fee, as defined in the Health Maintenance Organization Act.

"Hospital."  An institution licensed in this Commonwealth which is:

(1)  A general, mental, chronic disease or other type of hospital.

(2)  A kidney disease treatment center, including kidney disease treatment centers operated by an agency of State or local government.

"Major ambulatory service."  Surgical or medical procedures, including diagnostic and therapeutic radiological procedures, commonly performed in hospitals or ambulatory service facilities, which are not of a type commonly performed, or which cannot be safely performed, in physicians' offices and which require special facilities such as operating rooms or suites or special equipment such as fluoroscopic equipment or computed tomographic scanners, or a postprocedure recovery room or short-term convalescent room.

"Medical procedure incidence variations."  The variation in the incidence in the population of specific medical, surgical and radiological procedures in any given year, expressed as a deviation from the norm, as these terms are defined in the classical statistical definition of "variation," "incidence," "deviation" and "norm."

"Payment."  The payments that providers actually accept for their services, exclusive of charity care, rather than the charges they bill.

"Payor."  Any person or entity, including, but not limited to, health care insurers and purchasers, that make direct payments to providers for covered services.

"Physician."  An individual licensed under the laws of this Commonwealth to practice medicine and surgery within the scope of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, or the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985.

"Preferred provider organization."  Any arrangement between a health care insurer and providers of health care services which specifies rates of payment to such providers which differ from their usual and customary charges to the general public and which encourages enrollees to receive health services from such providers.

"Provider."  A hospital, a health care facility, an ambulatory service facility or a physician.

"Provider quality."  The extent to which a provider renders care that, within the capabilities of modern medicine, obtains for patients medically acceptable health outcomes and prognoses, adjusted for patient severity, and treats patients compassionately and responsively.

"Provider service effectiveness."  The effectiveness of services rendered by a provider, determined by measurement of the medical outcome of patients grouped by severity receiving those services.

"Purchaser."  Corporations, labor organizations or other entities that purchase benefits which provide covered services for their employees or members, either through a health care insurer or by means of a self-funded program of benefits, and a certified bargaining representative that represents a group or groups of employees for whom employers purchase a program of benefits which provide covered services, but excluding any entity defined in this section as a "health care insurer."

"Severity."  In any patient, the measureable degree of the potential for failure of one or more vital organs.

35c3302v

 

Cross References.  Section 3302 is referred to in section 3305 of this title.

35c3303s

§ 3303.  Health Care Cost Containment Council.

(a)  Establishment.--The Health Care Cost Containment Council is established as an independent council.

(b)  Composition.--The council shall consist of voting members, composed of and appointed in accordance with the following:

(1)  The Secretary of Health.

(2)  The Secretary of Human Services.

(3)  The Insurance Commissioner.

(4)  Six representatives of the business community, at least one of whom represents small business, who are purchasers of health care, none of which is primarily involved in the provision of health care or health insurance, three of which shall be appointed by the President pro tempore of the Senate and three of which shall be appointed by the Speaker of the House of Representatives from a list of 12 qualified persons recommended by the Pennsylvania Chamber of Business and Industry. Three nominees shall be representatives of small business.

(5)  Six representatives of organized labor, three of which shall be appointed by the President pro tempore of the Senate and three of which shall be appointed by the Speaker of the House of Representatives from a list of 12 qualified persons recommended by the Pennsylvania AFL-CIO.

(6)  One representative of consumers who is not primarily involved in the provision of health care or health care insurance, appointed by the Governor from a list of three qualified persons recommended jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives.

(7)  Two representatives of hospitals, appointed by the Governor from a list of five qualified hospital representatives recommended by the Hospital and Health System Association of Pennsylvania one of whom shall be a representative of rural hospitals. Each representative under this paragraph may appoint two additional delegates to act for the representative only at meetings of committees, as provided for in subsection (f).

(8)  Two representatives of physicians, appointed by the Governor from a list of five qualified physician representatives recommended jointly by the Pennsylvania Medical Society and the Pennsylvania Osteopathic Medical Society. The representative under this paragraph may appoint two additional delegates to act for the representative only at meetings of committees, as provided for in subsection (f).

(8.1)  An individual appointed by the Governor who has expertise in the application of continuous quality improvement methods in hospitals.

(8.2)  One representative of nurses, appointed by the Governor from a list of three qualified representatives recommended by the Pennsylvania State Nurses Association.

(9)  One representative of the Blue Cross and Blue Shield plans of Pennsylvania, appointed by the Governor from a list of three qualified persons recommended jointly by the Blue Cross and Blue Shield plans of Pennsylvania.

(10)  One representative of commercial insurance carriers, appointed by the Governor from a list of three qualified persons recommended by the Insurance Federation of Pennsylvania, Inc.

(11)  Two individuals appointed by the Governor who have expertise in health economics and outcomes research.

(12)  Representatives from the General Assembly as follows:

(i)  One Senator appointed by the President pro tempore of the Senate.

(ii)  One Senator appointed by the Minority Leader of the Senate.

(iii)  One member of the House of Representatives appointed by the Speaker of the House of Representatives.

(iv)  One member of the House of Representatives appointed by the Minority Leader of the House of Representatives.

(13)  In the case of each appointment to be made from a list supplied by a specified organization, it is incumbent upon that organization to consult with and provide a list which reflects the input of other equivalent organizations representing similar interests. Each appointing authority will have the discretion to request additions to the list originally submitted. Additional names will be provided not later than 15 days after such request. Appointments shall be made by the appointing authority no later than 90 days after receipt of the original list. If, for any reason, any specified organization supplying a list should cease to exist, then the respective appointing authority shall specify an equivalent organization to fulfill the responsibilities set forth in this chapter.

(c)  Chairperson and vice chairperson.--The members shall annually elect, by a majority vote of the members, a chairperson and a vice chairperson of the council from the business and labor members of the council.

(d)  Quorum.--The council shall establish in the council's bylaws the number of members necessary to constitute a quorum.

(e)  Meetings.--All meetings of the council shall be advertised and conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings), unless otherwise provided in this section. The following apply:

(1)  The council shall meet at least once every two months and may provide for special meetings as it deems necessary. Meeting dates shall be set by a majority vote of the members of the council or by the call of the chairperson upon seven days' notice to council members. Attendance at the meeting may be accomplished by electronic means so long as each council member attending via electronic means can communicate in real time with the other members of the council and the public.

(2)  All meetings of the council shall be publicly advertised, as provided for in this subsection, and shall be open to the public, except that the council, through its bylaws, may provide for executive sessions of the council on subjects permitted to be discussed in such sessions under 65 Pa.C.S. Ch. 7. No act of the council shall be taken in an executive session.

(3)  The council shall publish a schedule of its meetings in the Pennsylvania Bulletin, on its publicly accessible Internet website and as provided under 65 Pa.C.S. Ch. 7. The notice shall be published at least once in each calendar quarter and shall list the schedule of meetings of the council to be held in the subsequent calendar quarter. The notice shall specify the date, time and place of the meeting and shall state that the council's meetings are open to the general public, except that no notice shall be required for executive sessions of the council.

(4)  All action taken by the council shall be taken in open public session, and action of the council shall not be taken except upon the affirmative vote of a majority of the members of the council present during meetings at which a quorum is present.

(f)  Bylaws.--The council shall adopt bylaws, not inconsistent with this chapter, and may appoint such committees or elect such officers subordinate to those provided for in subsection (c) as it deems advisable.

(g)  Technical advisory group.--

(1)  The council shall appoint a technical advisory group which shall, on an ad hoc basis, respond to issues presented to it by the council or committees of the council and shall make recommendations to the council. The technical advisory group shall include:

(i)  Physicians.

(ii)  Researchers.

(iii)  Biostatisticians.

(iv)  One representative of the Hospital and Healthsystem Association of Pennsylvania.

(v)  One representative of the Pennsylvania Medical Society.

(2)  The Hospital and Healthsystem Association of Pennsylvania and the Pennsylvania Medical Society representatives shall not be subject to executive committee approval. In appointing other physicians, researchers and biostatisticians to the technical advisory group, the council shall consult with and take nominations from the representatives of:

(i)  the Hospital Association of Pennsylvania;

(ii)  the Pennsylvania Medical Society;

(iii)  the Pennsylvania Osteopathic Medical Society; or

(iv)  other like organizations.

(3)  At its discretion and in accordance with this section, nominations shall be approved by the executive committee of the council. If the subject matter of any project exceeds the expertise of the technical advisory group, physicians in appropriate specialties who possess current knowledge of the issue under study may be consulted. The technical advisory group shall also review the availability and reliability of severity of illness measurements as they relate to small hospitals and psychiatric, rehabilitation and children's hospitals and shall make recommendations to the council based upon this review. Meetings of the technical advisory group shall be open to the general public.

(h)  Payment data advisory group.--

(1)  In order to assure the technical appropriateness and accuracy of payment data, the council shall establish a payment data advisory group to produce recommendations surrounding the collection of payment data, the analysis and manipulation of payment data and the public reporting of payment data. The payment data advisory group shall include technical experts and individuals knowledgeable in payment systems and claims data. The advisory group shall consist of the following members appointed by the council:

(i)  One member representing each plan under 40 Pa.C.S. Chs. 61 (relating to hospital plan corporations) and 63 (relating to professional health services plan corporations).

(ii)  Two members representing commercial insurance carriers.

(iii)  Three members representing health care facilities.

(iv)  Three members representing physicians.

(2)  The payment data advisory group shall meet at least four times a year and may provide for special meetings as may be necessary.

(3)  The payment data advisory group shall review and concur with the technical appropriateness of the use and presentation of data and report its findings to the council prior to any vote to publicly release reports. If the council elects to release a report without addressing the technical concerns of the advisory group, it shall prominently disclose this in the public report and include the comments of the advisory group in the public report.

(4)  The payment data advisory group shall exercise all powers necessary and appropriate to carry out its duties, including advising the council on the following:

(i)  Collection of payment data by the council.

(ii)  Manipulation, adjustments and methods used with payment data.

(iii)  Public reporting of payment data by the council.

(i)  Compensation and expenses.--The members of the council and any member of an advisory group appointed by the council shall not receive a salary or per diem allowance for serving as members or advisors of the council, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. The expenses may include reimbursement of travel and living expenses while engaged in council business.

(j)  Terms of council members.--

(1)  The terms of the Secretary of Health, the Secretary of Human Services, the Insurance Commissioner and the legislative representatives shall be concurrent with their holding of public office. The council members under subsection (b)(4), (5), (6), (7), (8), (8.1), (8.2), (9), (10), (11) and (12) shall each serve for a term of four years and shall continue to serve thereafter until their successors are appointed.

(2)  Vacancies on the council shall be filled in the manner designated under subsection (b), within 60 days of the vacancy, except that, when vacancies occur among the representatives of business or organized labor, two nominations shall be submitted by the organization specified in subsection (b) for each vacancy on the council. If the officer required in subsection (b) to make appointments to the council fails to act within 60 days of the vacancy, the council chairperson may appoint one of the persons recommended for the vacancy until the appointing authority makes the appointment.

(3)  Except for the Secretary of Health, the Secretary of Human Services, the Insurance Commissioner and the legislative representatives, a member may be removed for just cause by the appointing authority after recommendation by a vote of at least 14 members of the council.

(4)  No appointed member under subsection (b)(4), (5), (6), (7), (8), (8.1), (8.2), (9), (10), (11) and (12) shall be eligible to serve more than three full consecutive terms of four years beginning on the effective date of this paragraph.

(k)  Subsequent appointments.--Submission of lists of recommended persons and appointments of council members for succeeding terms shall be made in the same manner as prescribed in subsection (b), except that:

(1)  Organizations required under subsection (b) to submit lists of recommended persons shall do so at least 60 days prior to expiration of the council members' terms.

(2)  The officer required under subsection (b) to make appointments to the council shall make the appointments at least 30 days prior to expiration of the council members' terms. If the appointments are not made within the specified time, the council chairperson may make interim appointments from the lists of recommended individuals. An interim appointment shall be valid only until the appropriate officer under subsection (b) makes the required appointment. Whether the appointment is by the required officer or by the chairperson of the council, the appointment shall become effective immediately upon expiration of the incumbent member's term.

35c3303v

 

Special Provisions in Appendix.  See section 2(2) of Act 15 of 2020 in the appendix to this title for special provisions relating to applicability.

Cross References.  Section 3303 is referred to in sections 3304, 3314 of this title.

35c3304s

§ 3304.  Powers and duties of council.

(a)  General powers.--The council shall exercise all powers necessary and appropriate to carry out its duties, including the following:

(1)  To employ an executive director, investigators and other staff necessary to comply with the provisions of this chapter and regulations promulgated thereunder, to employ or retain legal counsel and to engage professional consultants, as it deems necessary to the performance of its duties. Any consultants, other than sole source consultants, engaged by the council shall be selected in accordance with the provisions for contracting with vendors set forth in section 3314 (relating to contracts with vendors).

(2)  To fix the compensation of all employees and to prescribe their duties. Notwithstanding the independence of the council under section 3303(a) (relating to Health Care Cost Containment Council), employees under this paragraph shall be deemed employees of the Commonwealth for the purposes of participation in the Pennsylvania Employee Benefit Trust Fund.

(3)  To make and execute contracts and other instruments, including those for purchase of services and purchase or leasing of equipment and supplies, necessary or convenient to the exercise of the powers of the council. Any such contract shall be in accordance with the provision for contracting with vendors set forth in section 3314.

(4)  To conduct examinations and investigations, to conduct audits, under the provisions of subsection (c), and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter necessary to its duties.

(5)  To provide hospitals with individualized data on patient safety indicators under section 3305(c)(8) (relating to data submission and collection). The data shall be risk adjusted and made available to hospitals electronically and free of charge on a quarterly basis within 45 days of receipt of the corrected quarterly data from the hospitals. The data is intended to provide the patient safety committee of each hospital with information necessary to assist in conducting patient safety analysis.

(6)  To do all things necessary to carry out its duties under the provisions of this chapter.

(b)  Rules and regulations.--

(1)  The council may promulgate rules and regulations as necessary and appropriate to implement this act.

(2)  Regulations promulgated by the council shall be promulgated in accordance with the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(3)  Rules and regulations in effect prior to the effective date of this section shall remain in effect.

(c)  Audit powers.--The council shall have the right to independently audit all information required to be submitted by data sources as needed to corroborate the accuracy of the submitted data, pursuant to the following:

(1)  Audits of information submitted by providers or health care insurers shall be performed on a sample and issue-specific basis, as needed by the council, and shall be coordinated, to the extent practicable, with audits performed by the Commonwealth. All health care insurers and providers are required to make those books, records of accounts and any other data needed by the auditors available to the council at a convenient location within 30 days of written notification by the council.

(2)  Audits of information submitted by purchasers shall be performed on a sample basis, unless there exists reasonable cause to audit specific purchasers, but in no case shall the council have the power to audit financial statements of purchasers.

(3)  All audits performed by the council shall be performed at the expense of the council.

(4)  The results of audits of providers or health care insurers shall be provided to the audited providers and health care insurers on a timely basis, not to exceed 30 days beyond presentation of audit findings to the council.

(d)  General duties and functions.--The council is hereby authorized to and shall perform the following duties and functions:

(1)  Develop a computerized system for the collection, analysis and dissemination of data. The council may contract with a vendor who will provide data processing services. The council shall assure that the system will be capable of processing all data required to be collected under this chapter. Any vendor selected by the council shall be selected in accordance with the provisions of section 3314, and the vendor shall relinquish any and all proprietary rights or claims to the database created as a result of implementation of the data processing system.

(2)  Establish a Pennsylvania Uniform Claims and Billing Form for all data sources and all providers, which shall be utilized and maintained by all data sources and all providers for all services covered under this chapter.

(3)  (Reserved).

(4)  Collect and disseminate data, as specified in sections 3305 and 3306 (relating to data dissemination and publication), and other information from data sources to which the council is entitled, prepared according to formats, time frames and confidentiality provisions as specified in sections 3305 and 3308 (relating to Right-to-Know Law and access to council data), and by the council.

(5)  Adopt and implement a methodology to collect and disseminate data reflecting provider quality, provider service effectiveness, utilization and the cost of health care services under sections 3305 and 3306.

(6)  Subject to the restrictions on access to raw data set forth in section 3308, issue special reports and make available raw data to a purchaser requesting it. Sale by a recipient or exchange or publication by a recipient, other than a purchaser, of council raw data to other parties without the express written consent of, and under terms approved by, the council shall be unauthorized use of data under section 3308(d).

(7)  On an annual basis, publish in the Pennsylvania Bulletin a list of all the raw data reports it has prepared under section 3308(g) and a description of the data obtained through each computer-to-computer access it has provided under section 3308(g) and of the names of the parties to whom the council provided the reports or the computer-to-computer access during the previous month.

(8)  Promote competition in the health care and health insurance markets.

(9)  Assure that the use of council data does not raise access barriers to care.

(10)  Provide information on the allowed and paid costs of medical services in terminology that may be reasonably understood by the average individual consumer of health care services. The council shall present the cost information in conjunction with information on quality of care delivery, if quality information is reasonably available to the council, so that the average individual consumer of health care services may use the information to inform purchasing decisions.

(11)  In consultation with the Insurance Department and the Department of Health, make annual reports to the General Assembly on the rate of increase in the cost of health care in this Commonwealth, including, but not limited to, the following:

(i)  The rate of increase in health insurance premiums in this Commonwealth.

(ii)  Regional trends in cost of health care and health insurance premiums.

(iii)  The effectiveness of the council in carrying out the legislative intent of this chapter.

(iv)  The quality and effectiveness of health care and access to health care for all citizens of this Commonwealth.

(12)  In the discretion of the council, make recommendations on the need for further health care cost containment legislation.

(13)  Conduct studies and publish reports analyzing the effects that outpatient, alternative health care delivery systems have on health care costs. The systems shall include, but are not limited to, health maintenance organizations; preferred provider organizations; primary health care facilities; home health care; attendant care; ambulatory service facilities; freestanding emergency centers; birthing centers; and hospice care. The reports shall be submitted to the General Assembly and shall be made available to the public.

(14)  Conduct studies and make reports concerning the utilization of experimental and nonexperimental transplant surgery and other highly technical and experimental procedures, including costs and mortality rates.

35c3304v

 

Cross References.  Section 3304 is referred to in sections 3305, 3308, 3312 of this title.

35c3305s

§ 3305.  Data submission and collection.

(a)  Submission of data.--

(1)  The council is authorized to collect and data sources are required to submit, upon request of the council, all data required in this section, according to uniform submission formats, coding systems and other technical specifications necessary to render the incoming data substantially valid, consistent, compatible and manageable using electronic data processing according to data submission schedules. The schedules shall avoid, to the extent possible, submission of identical data from more than one data source. The uniform submission formats, coding systems and other technical specifications may be established by the council pursuant to its authority under section 3304(b) (relating to powers and duties of council). If payor data is requested by the council, it shall, to the extent possible, be obtained from primary payor sources. The council shall not require any data source to contract with any specific vendor for submission of any specific data elements to the council.

(2)  In carrying out its responsibilities, the council shall not require health care facilities to report data elements which are not included in the manual developed by the National Uniform Billing Committee. The council shall publish in the Pennsylvania Bulletin a list of no more than 35 diseases, procedures and medical conditions for which data under subsections (c)(22) and (d) shall be required. The list shall not represent more than 50% of total hospital discharges, based upon the previous year's hospital discharge data. Subsequent to the publication of the list, any data submission requirements under subsections (c)(22) and (d) previously in effect shall be null and void for diseases, procedures and medical conditions not found on the list. All other data elements under subsection (c) shall continue to be required from data sources. The council shall review the list and may add no more than a net of three diseases, procedures or medical conditions per year over a five-year period. The adjusted list of diseases, procedures and medical conditions shall at no time be more than 50% of total hospital discharges.

(b)  Pennsylvania Uniform Claims and Billing Form.--The council shall maintain a Pennsylvania Uniform Claims and Billing Form format. The council shall furnish the claims and billing form format to all data sources, and the claims and billing form shall be utilized and maintained by all data sources for all services covered by this chapter. The Pennsylvania Uniform Claims and Billing Form shall consist of the Uniform Hospital Billing Form, as developed by the National Uniform Billing Committee, with additional fields as necessary to provide all of the data set forth in subsections (c) and (d).

(c)  Data elements.--For each covered service performed in this Commonwealth, the council shall be required to collect the following data elements:

(1)  uniform patient identifier, continuous across multiple episodes and providers;

(2)  patient date of birth;

(3)  patient sex;

(4)  patient race, consistent with the method of collection of race/ethnicity data by the United States Bureau of the Census and the United States Standard Certificates of Live Birth and Death;

(5)  patient zip code number;

(6)  date of admission;

(7)  date of discharge;

(8)  principal and secondary diagnoses by standard code, including external cause of injury, complication, infection and childbirth;

(9)  principal procedure by council-specified standard code and date;

(10)  up to three secondary procedures by council-specified standard codes and dates;

(11)  uniform health care facility identifier, continuous across episodes, patients and providers;

(12)  uniform identifier of admitting physician, by unique physician identification number established by the council, continuous across episodes, patients and providers;

(13)  uniform identifier of consulting physicians, by unique physician identification number established by the council, continuous across episodes, patients and providers;

(14)  total charges of health care facility, segregated into major categories, including, but not limited to, room and board, radiology, laboratory, operating room, drugs, medical supplies and other goods and services according to guidelines specified by the council;

(15)  actual payments to health care facility, segregated, if available, according to the categories specified in paragraph (14);

(16)  charges of each physician or professional rendering service relating to an incident of hospitalization or treatment in an ambulatory service facility;

(17)  actual payments to each physician or professional rendering service under paragraph (16);

(18)  uniform identifier of primary payor;

(19)  zip code number of facility where health care service is rendered;

(20)  uniform identifier for payor group contract number;

(21)  patient discharge status; and

(22)  provider service effectiveness and provider quality under section 3304(d).

(d)  Provider quality and provider service effectiveness data elements.--In carrying out its duty to collect data on provider quality and provider service effectiveness under subsection (c)(22) and section 3304(d)(5), the council shall define a methodology to measure provider service effectiveness, which may include additional data elements to be specified by the council sufficient to carry out its responsibilities under section  3304(d)(5). The council shall not require health care insurers to report on data elements that are not reported to nationally recognized accrediting organizations, to the Department of Health, the Department of Human Services or the Insurance Department, in quarterly or annual reports. The council shall not require reporting by health care insurers in different formats than are required for reporting to nationally recognized accrediting organizations or on quarterly or annual reports submitted to the Department of Health, the Department of Human Services or the Insurance Department. The council may adopt the quality findings as reported to nationally recognized accrediting organizations. Additional quality data elements must be defined and released for public comment prior to use.

(e)  Reserve field utilization and addition or deletion of data elements.--The council shall include in the Pennsylvania Uniform Claims and Billing Form a reserve field. The council may utilize the reserve field by adding other data elements beyond those required to carry out its responsibilities under subsections (c) and (d) and section 3304(d)(4) and (5), or the council may delete data elements from the Pennsylvania Uniform Claims and Billing Form only by a majority vote of the council and only pursuant to the following procedure:

(1)  The council shall obtain a cost-benefit analysis of the proposed addition or deletion which shall include the cost to data sources of any proposed additions.

(2)  The council shall publish notice of the proposed addition or deletion, along with a copy or summary of the cost-benefit analysis, in the Pennsylvania Bulletin, and the notice shall include a provision for a 60-day comment period.

(3)  The council may hold additional hearings or request such other reports as it deems necessary and shall consider the comments received during the 60-day comment period and any additional information gained through the hearings or other reports in making a final determination on the proposed addition or deletion.

(f)  Other data required to be submitted.--Each provider is required to submit, and the council is authorized to collect, in accordance with submission dates and schedules established by the council, the following additional data in its possession, provided the data is not available to the council from public records:

(1)  Audited annual financial reports of all hospitals and ambulatory service facilities providing covered services as defined in section 3302 (relating to definitions).

(2)  The Medicare cost report for Medical Assistance or successor forms, including the settled Medicare cost report.

(3)  Additional data, including, but not limited to, data which can be used in reports about:

(i)  the incidence of medical and surgical procedures in the population for individual providers;

(ii)  physicians who provide covered services and accept medical assistance patients;

(iii)  physicians who provide covered services and accept Medicare assignment as full payment;

(iv)  mortality rates for specified diagnoses and treatments, grouped by severity, for individual providers;

(v)  rates of infection for specified diagnoses and treatments, grouped by severity, for individual providers;

(vi)  morbidity rates for specified diagnoses and treatments, grouped by severity, for individual providers;

(vii)  readmission rates for specified diagnoses and treatments, grouped by severity, for individual providers;

(viii)  rate of incidence of postdischarge professional care for selected diagnoses and procedures, grouped by severity, for individual providers; and

(ix)  data from other public sources.

(4)  Any other data the council requires to carry out its responsibilities under section 3304(d).

(g)  Review and correction of data.--The council shall provide a reasonable period for data sources to review and correct the data submitted under this section which the council intends to prepare and issue in reports to the General Assembly, to the general public or in special studies and reports under section 3309 (relating to special studies and reports). When corrections are provided, the council shall correct the appropriate data in its data files and subsequent reports.

(h)  Allowance for clarification or dissents.--The council shall maintain a file of written statements submitted by data sources who wish to provide an explanation of data that they feel might be misleading or misinterpreted. The council shall provide access to the file to any person and shall, where practical, in its reports and data files indicate the availability of such statements. When the council agrees with such statements, it shall correct the appropriate data and comments in its data files and subsequent reports.

(i)  Allowance for correction.--The council shall verify the patient safety indicator data submitted by hospitals under subsection (c)(8) within 60 days of receipt. The council may allow hospitals to make changes to the data submitted during the verification period. After the verification period, but within 45 days of receipt of the adjusted hospital data, the council shall risk adjust the information and provide reports to the patient safety committee of the relevant hospital.

(j)  Availability of data.--Nothing in this chapter shall prohibit a purchaser from obtaining from its health care insurer, nor relieve the health care insurer from the obligation of providing the purchaser, on terms consistent with past practices, data previously provided or additional data not currently provided to the purchaser by the health care insurer pursuant to any existing or future arrangement, agreement or understanding.

35c3305v

 

Cross References.  Section 3305 is referred to in sections 3302, 3304, 3306, 3308, 3310 of this title.

35c3306s

§ 3306.  Data dissemination and publication.

(a)  Public reports.--Subject to the restrictions on access to council data set forth in section 3308 (relating to Right-to-Know Law and access to council data) and utilizing the data collected under section 3305 (relating to data submission and collection), as well as other data, records and matters of record available to it, the council shall prepare and issue reports to the General Assembly and to the general public according to the following provisions:

(1)  The council shall, for every provider of both inpatient and outpatient services within this Commonwealth and within appropriate regions and subregions, prepare and issue reports on provider quality and service effectiveness on diseases or procedures that, when ranked by volume, cost, payment and high variation in outcome, represent the best opportunity to improve overall provider quality, improve patient safety and provide opportunities for cost reduction. These reports shall provide comparative information on the following:

(i)  Differences in mortality rates; differences in length of stay; differences in complication rates; differences in readmission rates; differences in infection rates; and other comparative outcome measures the council may develop that will allow purchasers, providers and consumers to make purchasing and quality improvement decisions based upon quality patient care and to restrain costs.

(ii)  The incidence rate of selected medical or surgical procedures, the quality and service effectiveness and the payments received for those providers, identified by the name and type or specialty, for which these elements vary significantly from the norms for all providers.

(2)  In preparing its reports under paragraph (1), the council shall ensure that factors which have the effect of either reducing provider revenue or increasing provider costs and other factors beyond a provider's control which reduce provider competitiveness in the marketplace are explained in the reports. The council shall also ensure that any clarifications and dissents submitted by individual providers under section 3305(h) are noted in any reports that include release of data on that individual provider.

(b)  Raw data reports and computer access to council data.--The council shall provide special reports derived from raw data and a means for computer-to-computer access to its raw data to a purchaser under section 3308(g). The council shall provide the reports and computer-to-computer access, at its discretion, to other parties under section 3308(i). The council shall provide these special reports and computer-to-computer access in as timely a fashion as the council's responsibilities to publish the public reports required in this section will allow. Any provision of special reports or computer-to-computer access by the council shall be made only subject to the restrictions on access to raw data set forth in section 3308(c) and only after payment for costs of preparation or duplication under section 3308(g) or (i).

35c3306v

 

Cross References.  Section 3306 is referred to in sections 3304, 3308 of this title.

35c3307s

§ 3307.  Mandated health benefits.

In relation to current law or proposed legislation, the council shall, upon the request of the appropriate committee chairperson in the Senate and in the House of Representatives or upon the request of the Secretary of Health or the Secretary of Human Services, provide information on the proposed mandated health benefit pursuant to the following:

(1)  The General Assembly declares that proposals for mandated health benefits or mandated health insurance coverage should be accompanied by adequate, independently certified documentation defining the social and financial impact and medical efficacy of the proposal. To that end, the council, upon receipt of such requests, is authorized to conduct a preliminary review of the material submitted by both proponents and opponents concerning the proposed mandated benefit. If, after this preliminary review, the council is satisfied that both proponents and opponents have submitted sufficient documentation necessary for a review under paragraphs (3) and (4), the council is directed to contract with individuals, pursuant to the selection procedures for vendors set forth in section 3314 (relating to contracts with vendors), who will constitute a Mandated Benefits Review Panel to review mandated benefits proposals and provide independently certified documentation, as provided for in this section.

(2)  The panel shall consist of the following senior researchers, each of whom shall be a recognized expert:

(i)  one in health research;

(ii)  one in biostatistics;

(iii)  one in economic research;

(iv)  one, a physician, in the appropriate specialty with current knowledge of the subject being proposed as a mandated benefit; and

(v)  one with experience in insurance or actuarial research.

(3)  The Mandated Benefits Review Panel shall have the following duties and responsibilities:

(i)  To review documentation submitted by a person proposing or opposing mandated benefits within 90 days of submission of the documentation to the panel.

(ii)  To report to the council, pursuant to the council's review under subparagraph (i), the following:

(A)  Whether or not the documentation is complete as defined in paragraph (4).

(B)  Whether or not the research cited in the documentation meets professional standards.

(C)  Whether or not all relevant research respecting the proposed mandated benefit has been cited in the documentation.

(D)  Whether or not the conclusions and interpretations in the documentation are consistent with the data submitted.

(4)  A person proposing or opposing legislation mandating benefits coverage should, to provide the Mandated Benefits Review Panel with sufficient information to carry out the Mandated Benefits Review Panel's duties and responsibilities under paragraph (3), submit documentation to the council, pursuant to the procedure established under paragraph (5), which demonstrates the following:

(i)  The extent to which the proposed benefit and the services the proposed benefit would provide are needed by, available to and utilized by the population of this Commonwealth.

(ii)  The extent to which insurance coverage for the proposed benefit already exists or, if no coverage exists, the extent to which the lack of coverage results in inadequate health care or financial hardship for the population of this Commonwealth.

(iii)  The demand for the proposed benefit from the public and the source and extent of opposition to mandating the benefit.

(iv)  All relevant findings bearing on the social impact of the lack of the proposed benefit.

(v)  If the proposed benefit mandates coverage of a particular therapy, the results of at least one professionally accepted, controlled trial comparing the medical consequences of the proposed therapy, alternative therapies and no therapy.

(vi)  If the proposed benefit mandates coverage of an additional class of practitioners, the results of at least one professionally accepted, controlled trial comparing the medical results achieved by the additional class of practitioners and those practitioners already covered by benefits.

(vii)  The results of any other relevant research.

(viii)  Evidence of the financial impact of the proposed legislation, including at least the following:

(A)  The extent to which the proposed benefit would increase or decrease cost for treatment or service.

(B)  The extent to which similar mandated benefits in other states have affected charges, costs and payments for services.

(C)  The extent to which the proposed benefit would increase the appropriate use of the treatment or service.

(D)  The impact of the proposed benefit on administrative expenses of health care insurers.

(E)  The impact of the proposed benefits on benefits costs of purchasers.

(F)  The impact of the proposed benefits on the total cost of health care within this Commonwealth.

(5)  The procedure for review of documentation shall be as follows:

(i)  A person wishing to submit information on proposed legislation mandating insurance benefits for review by the panel must submit the documentation specified under paragraph (4) to the council.

(ii)  The council shall, within 30 days of receipt of the documentation:

(A)  Publish in the Pennsylvania Bulletin notice of receipt of the documentation, a description of the proposed legislation, provision for a period of 60 days for public comment and the time and place at which a person may examine the documentation.

(B)  Submit copies of the documentation to the Secretary of Health, the Secretary of Human Services and the Insurance Commissioner, who shall review and submit comments to the council on the proposed legislation within 30 days.

(C)  Submit copies of the documentation to the panel, which shall review the documentation and issue their findings, subject to paragraph (3), within 90 days.

(iii)  Upon receipt of the comments of the Secretary of Health, the Secretary of Human Services and the Insurance Commissioner and of the findings of the panel, under subparagraph (ii), but no later than 120 days following the publication required in subparagraph (ii), the council shall submit the comments and findings, together with the council's recommendations respecting the proposed legislation, to the Governor, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Secretary of Health, the Secretary of Human Services, the Insurance Commissioner and the person who submitted the information under subparagraph (i).

35c3308s

§ 3308.  Right-to-Know Law and access to council data.

(a)  Public access.--The information and data received by the council shall be utilized by the council for the benefit of the public and public officials. Subject to the specific limitations set forth in this section and section 3101.1 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, the council shall make determinations on requests for information in favor of access. Payor discounts and allowances are confidential proprietary information and, as such, are not records subject to the requirements for public access under the Right-to-Know Law.

(b)  Outreach programs.--The council shall develop and implement outreach programs designed to make the council's information understandable and usable to purchasers, providers, other Commonwealth agencies and the general public. The programs shall include efforts to educate through pamphlets, booklets, seminars and other appropriate measures and to facilitate making more informed health care choices.

(c)  Limitations on access.--Unless specifically provided for under this chapter, neither the council nor any contracting system vendor shall release and no data source, person, member of the public or other user of any data of the council shall gain access to:

(1)  Any raw data of the council that does not simultaneously disclose payment, as well as provider quality and provider service effectiveness pursuant to sections 3304(d)(5) (relating to powers and duties of council) and 3305(d) (relating to data submission and collection).

(2)  Any raw data of the council which could reasonably be expected to reveal the identity of an individual patient.

(3)  Any raw data of the council which could reasonably be expected to reveal the identity of any purchaser, other than a purchaser requesting data on its own group or an entity entitled to said purchaser's data pursuant to subsection (g).

(4)  Any raw data of the council relating to actual payments to any identified provider made by any purchaser, except that this provision shall not apply to access by a purchaser requesting data on the group for which it purchases or otherwise provides covered services or to access to that same data by an entity entitled to the purchaser's data pursuant to subsection (g).

(5)  Any raw data disclosing discounts or allowances between identified payors and providers unless the data is released in a Statewide, aggregate format that does not identify any individual payor or class of payors, directly or indirectly through the use of a market share, and unless the council assures that the release of such information is not prejudicial or inequitable to any individual payor or provider or group thereof. Payor data shall be released to individual providers for purposes of verification and validation prior to inclusion in a public report. An individual provider shall verify and validate the payor data within 30 days of its release to that specific individual provider.

(d)  Unauthorized use of data.--A person who knowingly releases council data violating raw data safeguards under this section to an unauthorized person commits a misdemeanor of the first degree and shall, upon conviction, be sentenced to pay a fine of $10,000 or to imprisonment for not more than five years, or both. An unauthorized person who knowingly receives or possesses the data commits a misdemeanor of the first degree.

(e)  Unauthorized access to data.--If a person inadvertently or by council error gains access to data that violates the safeguards under this section, the data must immediately be returned, without duplication, to the council with proper notification.

(f)  Public access to records.--Each public report prepared by the council shall be a public record and shall be available to the public for a reasonable fee. Copies shall be provided, upon request of the chairperson, to the Health and Human Services Committee of the Senate and the Health Committee and Human Services Committee of the House of Representatives.

(g)  Access to council raw data by purchasers.--Pursuant to sections 3304(d)(6) and 3306(b) (relating to data dissemination and publication) and subject to the limitations on access under subsection (c), the council shall provide access to the council's raw data to purchasers, excluding purchasers that provide covered services other than through the purchase of fully funded insurance from a health care insurer but that are not elective health care payor data sources, in accordance with the following procedure:

(1)  Special reports derived from raw data of the council shall be provided by the council to the purchaser requesting such reports.

(2)  A means to enable computer-to-computer access by the purchaser to raw data of the council shall be developed, adopted and implemented by the council. The council shall provide the access to the council's raw data to a purchaser upon request.

(3)  If an employer obtains from the council, under paragraph (1) or (2), data pertaining to the employer's employees and the employees' dependents for whom the employer purchases or otherwise provides covered services and who are represented by a certified collective bargaining representative, the collective bargaining representative shall be entitled to the data after payment of fees under paragraph (4). If a certified collective bargaining representative obtains from the council, under paragraph (1) or (2), data pertaining to the employer's members and the member's dependents who are employed by and for whom covered services are purchased or otherwise provided by an employer, the employer shall be entitled to the data after payment of fees under paragraph (4).

(4)  In providing for access to its raw data, the council shall charge the purchasers which originally obtained the  access a fee sufficient to cover the council's costs to prepare and provide special reports requested under paragraph (1) or to provide computer-to-computer access to its raw data requested under paragraph (2). If a second or subsequent party requests the information under paragraph (3), the council shall charge the party a reasonable fee.

(h)  Access to council raw data by State agencies.--The council shall develop and execute memoranda of understanding with any State agency upon request of that agency, including the Insurance Department, the Department of Health and the Department of Human Services, to allow the agency access to the data.

(i)  Access to council raw data by other parties.--Subject to the limitations on access to council raw data under subsection (c), the council may provide special reports derived from the council's raw data or computer-to-computer access to parties other than purchasers provided access under subsection (g). The council may publish regulations that set forth the criteria and the procedure the council shall use in making determinations on the access, pursuant to the powers vested in the council under section 3304. In providing the access, the council shall charge the party requesting the access a reasonable fee.

35c3308v

 

Cross References.  Section 3308 is referred to in sections 3304, 3306 of this title.

35c3309s

§ 3309.  Special studies and reports.

(a)  Special studies.--A Commonwealth agency, the Senate or the House of Representatives may direct the council to publish or contract for publication of special studies, including, but not limited to, a special study on diseases and the cost of health care related to particular diseases in this Commonwealth. A special study published under this subsection shall become a public document.

(b)  Special reports.--

(1)  A Commonwealth agency, the Senate or the House of Representative may study and issue a report on the special medical needs, demographic characteristics, access or lack thereof to health care services and need for financing of health care services of:

(i)  Senior citizens, particularly low-income senior citizens, senior citizens who are members of minority groups and senior citizens residing in low-income urban or rural areas.

(ii)  Low-income urban or rural areas.

(iii)  Minority communities.

(iv)  Women.

(v)  Children.

(vi)  Unemployed workers.

(vii)  Veterans.

(2)  The reports under paragraph (1) shall include information on the current availability of services to the targeted parts of the population under paragraph (1), whether access to the services has increased or decreased over the past 10 years and specific recommendations for the improvement of the primary care and health delivery systems of targeted parts of the population under paragraph (1), including disease prevention and comprehensive health care services. The agency may study and report on the effects of using prepaid, capitated or health maintenance organization health delivery systems as ways to promote the delivery of primary health care services to the underserved segments of the population enumerated above.

(3)  The agency may study and report on the short-term and long-term fiscal and programmatic impact on the health care consumer of changes in ownership of hospitals from nonprofit to profit, whether through purchase, merger or the like. The agency may study and report on factors which have the effect of either reducing provider revenue or increasing provider cost and other factors beyond a provider's control which reduce provider competitiveness in the marketplace.

(c)  COVID-19 disaster emergency report.--

(1)  The council shall prepare a report to provide a Pennsylvania perspective on the effect of the COVID-19 disaster emergency on hospitals and health care facilities in this Commonwealth by aggregating data related to COVID-19 expenses and lost revenue reported by hospitals and health care facilities in order to qualify for Federal and State assistance. The report shall include the following data points, if available:

(i)  Increased costs related to provider and staff training, including training on pandemic preparedness plans and the use of telemedicine.

(ii)  Increased staffing costs.

(iii)  Costs related to COVID-19 testing.

(iv)  Costs associated with sourcing and purchasing additional supplies and equipment.

(v)  Costs associated with setting up emergency operations centers, including construction and retrofitting facilities to provide separate screening and security areas.

(vi)  Costs associated with providing housing and care for patients who do not require hospitalization but do not have housing in order to prevent spread of COVID-19.

(vii)  Loss of revenues due to suspension of elective services not related to COVID-19.

(viii)  Other data points required to be reported by hospitals or health care facilities to the Federal government or State government to receive COVID-19 assistance.

(2)  The report shall be submitted to the following:

(i)  The Secretary of the Department of Health and the Secretary of the Department of Human Services.

(ii)  The Chair and Minority Chair of the  Appropriations Committee of the Senate and the Chair and Minority Chair of the Health and Human Services Committee of the Senate.

(iii)  The Chair and Minority Chair of the Appropriations Committee of the House of Representatives, the Chair and Minority Chair of the Health Committee of the House of Representatives and the Chair and Minority Chair of the Human Services Committee of the House of Representatives.

(3)  The initial report shall be issued by the council no later than January 15, 2021, and shall be updated quarterly thereafter for one year following the termination or expiration of the COVID-19 disaster emergency under section 7301(c) (relating to general authority of Governor).

(4)  As used in this subsection, the term "COVID-19 disaster emergency" shall have the same meaning as given to it under section 5701 (relating to definitions).

35c3309v

 

Cross References.  Section 3309 is referred to in sections 3305, 3310 of this title.

35c3310s

§ 3310.  Enforcement and penalty.

(a)  Compliance enforcement.--The council shall have standing to bring an action in law or in equity through private counsel in any court of common pleas to enforce compliance with any provision of this chapter, except section 3309 (relating to special studies and reports), or any requirement or appropriate request of the council made under this chapter. The Attorney General is authorized and shall bring an enforcement action in aid of the council in a court of common pleas at the request of the council and in the name of the Commonwealth.

(b)  Penalty.--

(1)  Any person who fails to supply data under section 3305 (relating to data submission and collection) may be assessed a civil penalty not to exceed $1,000 for each day the data is not submitted.

(2)  Any person who knowingly submits inaccurate data under section 3305 commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $1,000 or to imprisonment for not more than one year, or both.

35c3311s

§ 3311.  Research and demonstration projects.

The council shall actively encourage research and demonstrations to design and test improved methods of assessing provider quality, provider service effectiveness, efficiency and cost containment. If no data submission requirements in a mandated demonstration exceed the current reserve field on the Pennsylvania Uniform Claims and Billing Form, the council may:

(1)  Authorize contractors engaged in health services research selected by the council, under section 3314 (relating to contracts with vendors), to have access to the council's raw data files, if the entity assumes a contractual obligation imposed by the council to assure patient identity confidentiality.

(2)  Place data sources participating in research and demonstrations on different data submission requirements from other data sources in this Commonwealth.

(3)  Require data source participation in research and demonstration projects if this is the only testing method the council determines is promising.

35c3312s

§ 3312.  Grievances and grievance procedures.

(a)  Procedures and requirements.--Pursuant to its powers to publish regulations under section 3304 (relating to powers and duties of council) and with the requirements of this section, the council may establish procedures and requirements for the filing, hearing and adjudication of grievances against the council of a data source. The procedures and requirements shall be published in the Pennsylvania Bulletin pursuant to law.

(b)  Claims and hearings.--Grievance claims of a data source shall be submitted to the council or to a third party designated by the council. The council or the designated third party shall convene a hearing, if requested, and adjudicate the grievance.

35c3313s

§ 3313.  Antitrust provisions.

A person or entity required or permitted to submit data or information under this chapter or receiving data or information from the council in accordance with this chapter are declared to be acting pursuant to State requirements embodied in this chapter and shall be exempt from antitrust claims or actions grounded upon submission or receipt of the data or information.

35c3314s

§ 3314.  Contracts with vendors.

A contract with a vendor other than a sole source vendor for purchase of services or for purchase or lease of supplies and equipment related to the council's powers and duties shall be let only after a public bidding process and only in accordance with the following provisions:

(1)  The council shall prepare specifications fully describing the services to be rendered or equipment or supplies to be provided by a vendor and shall make the specifications available for inspection by a person at the council's offices during normal working hours and at other places and other times as the council deems advisable.

(2)  The council shall publish notice of invitations to bid in the Pennsylvania Bulletin and on the council's publicly accessible Internet website. The notice shall include at least the following:

(i)  The deadline for submission of bids by prospective vendors, which shall be no sooner than 30 days following the latest publication of the notice as prescribed under this paragraph.

(ii)  The locations, dates and times during which prospective vendors may examine the specifications required under paragraph (1).

(iii)  The date, time and place of the meeting or meetings of the council at which bids will be opened and accepted.

(iv)  A statement to the effect that any person is eligible to bid.

(3)  Bids shall be accepted as follows:

(i)  A council member who is affiliated in any way with a bidder may not vote on the awarding of a contract for which the bidder has submitted a bid. A council member who has an affiliation with a bidder shall state the nature of the affiliation prior to a vote of the council.

(ii)  Bids shall be opened and reviewed by the appropriate council committee, which shall make recommendations to the council on approval. Bids shall be accepted and the acceptance shall be announced only at a public meeting of the council as defined in section 3303(e) (relating to Health Care Cost Containment Council). A bid may not be accepted at an executive session of the council.

(iii)  The council may require that a certified check, in an amount determined by the council, accompany every bid. If required, a bid may not be accepted unless accompanied by a certified check.

(4)  In order to prevent a party from deliberately underbidding contracts in order to gain or prevent access to council data, the council may award a contract at the council's discretion, regardless of the amount of the bid, as follows:

(i)  A bid accepted must reasonably reflect the actual cost of services provided.

(ii)  A vendor selected by the council under this paragraph must be found by the council to be of the character and integrity as to assure, to the maximum extent possible, adherence to this chapter in the provision of contracted services.

(iii)  The council may require the selected vendor to furnish, within 20 days after the contract has been awarded, a bond with suitable and reasonable requirements guaranteeing the services to be performed with sufficient surety in an amount determined by the council. If the  bond is not furnished within the time specified, the previous award shall be void.

(5)  The council shall make efforts to assure that the council's vendors have established affirmative action plans to assure equal opportunity policies for hiring and promoting employees.

35c3314v

 

Cross References.  Section 3314 is referred to in sections 3304, 3307, 3311 of this title.

35c3315s

§ 3315.  Reporting.

The council shall provide an annual report of its financial expenditures to the Appropriations Committee and Health and Human Services Committee of the Senate and the Appropriations Committee, the Health Committee and the Human Services Committee of the House of Representatives.

35c3316s

§ 3316.  Severability.

The provisions of this chapter are severable. If a provision of this chapter or the provision's application to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.

35c3317s

§ 3317.  Expiration.

This chapter shall expire 10 years after the effective date of this section.

35c5101h

 

 

PART III

PUBLIC SAFETY

 

Chapter

51.  Safe Opioid Prescription

52.  Patient Voluntary Nonopioid Directive

52A. Prescribing Opioids to Minors

53.  911 Emergency Communication Services

54.  Cancer Trial Access For Pennsylvania Patients

55.  Epinephrine Auto-injector Entities

56.  Nonprofit Security Grant Fund

57.  COVID-19 Disaster Emergency

 

Enactment.  Part III was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011, unless otherwise noted.

 

 

CHAPTER 51

SAFE OPIOID PRESCRIPTION

 

Sec.

5101.  Definitions.

5102.  Safe opioid prescription education.

5103.  Temporary regulations.

 

Enactment.  Chapter 51 was added November 2, 2016, P.L.987, No.126, effective immediately.

35c5101s

§ 5101.  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:

"College."  Any of the following:

(1)  A medical college.

(2)  A medical training facility, including a school of nursing and a school of optometry.

(3)  A dental school.

(4)  An osteopathic medical college or osteopathic medical training facility.

"Controlled substance."  A drug, substance or immediate precursor included in Schedules II through V of section 4 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Licensing boards."  The following:

(1)  The State Board of Dentistry.

(2)  The State Board of Medicine.

(3)  The State Board of Nursing.

(4)  The State Board of Optometry.

(5)  The State Board of Osteopathic Medicine.

(6)  The State Board of Podiatry.

"Opioid."  Any of the following:

(1)  A preparation or derivative of opium.

(2)  A synthetic narcotic that has opiate-like effects but is not derived from opium.

(3)  A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including an opioid agonist.

35c5102s

§ 5102.  Safe opioid prescription education.

(a)  Curriculum.--Beginning August 1, 2017, the licensing boards shall, by joint regulation, implement a safe prescription of a controlled substance containing an opioid curriculum. The curriculum may be offered in colleges or by providers approved by the licensing boards and shall include all of the following:

(1)  Current, age-appropriate information relating to pain management.

(2)  Multimodal treatments for chronic pain that minimize the use of a controlled substance containing an opioid.

(3)  If a controlled substance containing an opioid is indicated, instruction on safe methods of prescribing a controlled substance containing an opioid that follow guideline-based care.

(4)  Identification of patients who have risk factors for developing problems with prescription of a controlled substance containing an opioid.

(5)  Training on managing substance use disorders as a chronic disease.

(b)  Separation from standardized curriculum.--The education required under this chapter shall not be considered to be a mandate of the curriculum necessary for graduation. Nothing in this chapter shall be construed to prohibit a college from requiring such curriculum to be necessary to graduate after August 1, 2017.

35c5103s

§ 5103.  Temporary regulations.

In order to facilitate the prompt implementation of this chapter, each licensing board may issue temporary regulations. The following shall apply:

(1)  The temporary regulations shall expire no later than two years after their issuance.

(2)  The temporary regulations issued by each licensing board shall not be subject to:

(i)  Sections 201, 202 and 203 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(ii)  The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

35c5201h

 

 

CHAPTER 52

PATIENT VOLUNTARY NONOPIOID DIRECTIVE

 

Sec.

5201.  Scope of chapter.

5202.  Definitions.

5203.  Voluntary nonopioid directive.

5204.  Guidelines.

5205.  Exemption from liability.

5206.  Licensing boards.

 

Enactment.  Chapter 52 was added November 2, 2016, P.L.987, No.126, effective immediately.

35c5201s

§ 5201.  Scope of chapter.

This chapter relates to patient voluntary nonopioid directives.

35c5202s

§ 5202.  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:

"Controlled substance."  As defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Department."  The Department of Health of the Commonwealth.

"Health care facility."  A health care facility as defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, or any other facility or institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with or prescribe or administer a controlled substance containing an opioid or other controlled substance in the course of professional practice or research in this Commonwealth.

"Licensing board."  The term shall include the following:

(1)  The State Board of Medicine as set forth in the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985.

(2)  The State Board of Osteopathic Medicine as set forth in the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.

(3)  The State Board of Nursing as set forth in the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law.

(4)  The State Board of Podiatry as set forth in the act of March 2, 1956 (1955 P.L.1206, No.375), known as the Podiatry Practice Act.

(5)  The State Board of Dentistry as set forth in the act of May 1, 1933 (P.L.216, No.76), known as The Dental Law.

"Opioid."  Any of the following:

(1)  A preparation or derivative of opium.

(2)  A synthetic narcotic that has opiate-like effects but is not derived from opium.

(3)  A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including an opioid agonist.

"Patient."  An individual who is under the medical care of a practitioner.

"Practitioner."  A health care practitioner as defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Secretary."  The Secretary of Health of the Commonwealth.

"System."  The Achieving Better Care by Monitoring All Prescriptions Program electronic prescription monitoring system with a database component as established under the act of October 27, 2014 (P.L.2911, No.191), known as the Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act.

"Voluntary nonopioid directive."  A written instruction form executed by a patient evidencing the named patient's request not to have a controlled substance containing an opioid offered, supplied, prescribed or otherwise administered to the named patient by a practitioner.

35c5203s

§ 5203.  Voluntary nonopioid directive.

(a)  Duty of department.--

(1)  In consultation with a Statewide professional organization representing physicians licensed to practice medicine in all its branches, Statewide organizations representing nursing homes, registered professional nurses, emergency medical systems and a Statewide organization representing health care facilities, the department shall develop and publish a uniform voluntary nonopioid directive form which may be used by a patient to deny or refuse the administration or prescribing of a controlled substance containing an opioid by a practitioner.

(2)  The voluntary nonopioid directive form developed by the department in accordance with paragraph (1) shall indicate to all prescribing practitioners and health care facilities that the named patient shall not be offered, prescribed, supplied with or otherwise administered a controlled substance containing an opioid.

(3)  The voluntary nonopioid directive form shall be posted in a downloadable format on the department's publicly accessible Internet website.

(b)  Execution of form.--The following shall apply:

(1)  A patient may execute and file a voluntary nonopioid directive form with a practitioner or other authority authorized by the secretary to accept the voluntary nonopioid directive form for filing. Each practitioner or other person authorized by the secretary to accept a voluntary nonopioid directive form for filing shall date and affix his signature to the form in the presence of the patient as evidence of acceptance and shall provide a signed copy of the form to the patient.

(2)  The patient executing and filing a voluntary nonopioid directive form with a practitioner shall sign and date the form in the presence of the practitioner, a designee of the practitioner or other person authorized by the secretary to accept a voluntary nonopioid directive form for filing. In the case of a patient who is unable to execute and file a voluntary nonopioid form, the patient may designate a duly authorized guardian or health care proxy to execute and file the form in accordance with paragraph (1).

(3)  A patient may revoke the voluntary nonopioid directive form for any reason and may do so by written or oral means.

(4)  Notwithstanding paragraph (1), before signing a voluntary nonopioid directive form a practitioner may, if deemed appropriate, assess the patient's personal and family history of alcohol or drug abuse and evaluate the patient's risk for medication misuse or abuse. In evaluating such risks, the practitioner shall access the system to determine whether an unusual or suspect pattern for the prescribing of controlled substances containing opioids to the patient has been reported to the system. If a practitioner reasonably believes that a patient is at risk for substance misuse or abuse or a practitioner believes in the practitioner's expert medical opinion that for any other reason the nonopioid directive is appropriate, the practitioner shall sign the form. The practitioner signing the nonopioid directive form shall note doing so in the patient's medical record.

35c5204s

§ 5204.  Guidelines.

(a)  Adoption of guidelines.--The department shall adopt and publish guidelines for the implementation of the voluntary nonopioid directive form. The guidelines shall include, but not be limited to:

(1)  A standard form for the recording and transmission of the voluntary nonopioid directive form, which shall include verification by the patient's practitioner and which shall comply with the written consent requirements of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 290dd-2(b)) and 42 CFR Pt. 2 (relating to confidentiality of alcohol and drug abuse patient records), provided that the voluntary nonopioid directive form shall also provide the basic procedures necessary to revoke the voluntary nonopioid directive form.

(2)  Procedures to record the voluntary nonopioid directive form in the patient's medical record or, if available, the patient's interoperable electronic medical record and in the system.

(3)  Requirements and procedures for a patient to appoint a duly authorized guardian or health care proxy to override a previously filed voluntary nonopioid directive form and circumstances under which an attending practitioner may override a previously filed voluntary nonopioid directive form based on documented medical judgment which shall be recorded in the patient's medical record.

(4)  Procedures to ensure that any recording, sharing or distributing of data relative to the voluntary nonopioid directive form complies with all Federal and State confidentiality laws.

(5)  Appropriate exemptions for practitioners and other health care providers and emergency medical personnel to prescribe or administer a controlled substance containing an opioid when, in their professional medical judgment, a controlled substance containing an opioid is necessary.

(b)  Publication.--The department shall publish the guidelines in the Pennsylvania Bulletin and on its publicly accessible Internet website.

(c)  Written prescriptions.--A written prescription that is presented at an outpatient pharmacy or a prescription that is electronically transmitted to an outpatient pharmacy shall be presumed to be valid for the purposes of this section, and a pharmacist in an outpatient setting shall not be held in violation of this section for dispensing a controlled substance containing an opioid or other controlled substance in contradiction to a voluntary nonopioid directive form, except upon evidence that the pharmacist acted knowingly against the voluntary nonopioid directive form.

35c5204v

 

Cross References.  Section 5204 is referred to in section 5205 of this title.

35c5205s

§ 5205.  Exemption from liability.

(a)  Practitioner exemption.--No practitioner or employee of a practitioner acting in good faith shall be subject to criminal or civil liability or be considered to have engaged in unprofessional conduct for failing to offer or administer a prescription or medication order for a controlled substance containing an opioid under the voluntary nonopioid directive form.

(b)  Representative exemption.--No person acting as a representative or an agent under a health care proxy shall be subject to criminal or civil liability for making a decision under section 5204(a)(3) (relating to guidelines) in good faith.

35c5206s

§ 5206.  Licensing boards.

Notwithstanding any other provision of law or regulation, a licensing board may limit, condition or suspend the license of or assess a fine against a practitioner who recklessly or negligently fails to comply with a patient's voluntary nonopioid directive form.

35c52A01h

 

 

CHAPTER 52A

PRESCRIBING OPIOIDS TO MINORS

 

Sec.

52A01.  Definitions.

52A02.  Administration.

52A03.  Prohibition.

52A04.  Procedure.

52A05.  Penalties.

 

 

Enactment.  Chapter 52A was added November 2, 2016, P.L.983, No.125, effective immediately, unless otherwise noted.

35c52A01s

§ 52A01.  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:

"Authorized adult."  An adult who has a valid health care proxy to consent to the minor's medical treatment.

"Bureau."  The Bureau of Professional and Occupational Affairs.

"Controlled substance."  A drug, substance or immediate precursor included in Schedules II, III, IV and V of section 4 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Licensing board."  A Commonwealth board which licenses, registers or certifies a prescriber.

"Medical emergency."  A situation which, in a prescriber's good faith professional judgment, creates an immediate threat of serious risk to the life or physical health of a minor.

"Minor."  An individual under 18 years of age. The term excludes an individual who is emancipated by:

(1)  marrying;

(2)  entering the armed forces of the United States;

(3)  being employed and self-sustaining; or

(4)  otherwise being independent from the care and control of the individual's parent, guardian or custodian.

"Opioid."  Any of the following:

(1)  A preparation or derivative of opium.

(2)  A synthetic narcotic that has opiate-like effects but is not derived from opium.

(3)  A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including opioid agonist.

"Prescriber."  A person that is licensed, registered or otherwise authorized to distribute, dispense or administer a controlled substance, other drug or device in the course of professional practice or research in this Commonwealth. The term does not include a veterinarian.

35c52A02s

§ 52A02.  Administration.

(a)  Licensing boards.--A licensing board shall administer this chapter as to prescribers under its jurisdiction.

(b)  Bureau.--

(1)  The bureau shall, in cooperation with the licensing boards, prescribe the form under section 52A04(a)(3) (relating to procedure).

(2)  The bureau shall transmit notice of the availability of the form to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

35c52A02v

 

Cross References.  Section 52A02 is referred to in section 52A04 of this title.

35c52A03s

§ 52A03.  Prohibition.

(a)  Proscription.--A prescriber may not do any of the following:

(1)  Prescribe to a minor a controlled substance containing an opioid unless the prescriber complies with section 52A04 (relating to procedure).

(2)  Except as set forth in subsection (b) and subject to section 52A04(c)(1), prescribe to a minor more than a seven-day supply of a controlled substance containing an opioid.

(b)  Exception.--Notwithstanding subsection (a)(1), a prescriber may prescribe to a minor more than a seven-day supply of a controlled substance containing an opioid if any of the following apply:

(1)  In the professional medical judgment of the prescriber, more than a seven-day supply of a controlled substance containing an opioid is required to stabilize the minor's acute medical condition. In order for this paragraph to apply, the prescriber must:

(i)  document the acute medical condition in the minor's record with the prescriber; and

(ii)  indicate the reason why a non-opioid alternative is not appropriate to address the acute medical condition.

(2)  The prescription is for:

(i)  management of pain associated with cancer;

(ii)  use in palliative or hospice care; or

(iii)  management of chronic pain not associated with cancer.

35c52A03v

 

Effective Date.  Section 2(2) of Act 125 of 2016 provided that section 52A03 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671.

Cross References.  Section 52A03 is referred to in section 52A04 of this title.

35c52A04s

§ 52A04.  Procedure.

(a)  Requirements.--Except as set forth in subsection (b), before issuing a minor the first prescription in a single course of treatment for a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:

(1)  Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.

(2)  Discuss with the minor and the minor's parent or guardian or with an authorized adult all of the following:

(i)  The risks of addiction and overdose associated with the controlled substance containing an opioid.

(ii)  The increased risk of addiction to controlled substances to individuals suffering from mental or substance use disorders.

(iii)  The dangers of taking a controlled substance containing an opioid with benzodiazepines, alcohol or other central nervous system depressants.

(iv)  Other information in the patient counseling information section of the labeling for controlled substances containing an opioid required under 21 C.F.R. 201.57(c)(18) (relating to specific requirements on content and format of labeling for human prescription drug and biological products described in § 201.56(b)(1)) deemed necessary by the prescriber.

(3)  Obtain written consent for the prescription from the minor's parent or guardian or from an authorized adult. The prescriber shall record the consent on the form under section 52A02(b)(1) (relating to administration). The following apply:

(i)  The form must contain all of the following:

(A)  The brand name or generic name and quantity of the controlled substance containing an opioid being prescribed and the amount of the initial dose.

(B)  A statement indicating that a controlled substance is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.

(C)  A statement certifying that the prescriber engaged in the discussion under paragraph (2).

(D)  The number of refills authorized by the prescription under section 52A03(b) (relating to prohibition).

(E)  The signature of the minor's parent or guardian or of an authorized adult and the date of signing.

(ii)  The form shall be maintained in the minor's record with the prescriber.

(b)  Exception.--Subsection (a) does not apply if the minor's treatment with a controlled substance containing an opioid meets any of the following criteria:

(1)  The treatment is associated with or incident to a medical emergency as documented in the minor's medical record.

(2)  In the prescriber's professional judgment, complying with subsection (a) with respect to the minor's treatment would be detrimental to the minor's health or safety. The prescriber shall document in the minor's medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subsection (a).

(3)  The medical treatment is rendered while the minor remains admitted to a licensed health care facility or remains in observation status in a licensed health care facility.

(4)  The prescriber is continuing a treatment initiated by another member of the prescriber's practice, the prescriber who initiated the treatment followed the procedures outlined in subsection (a) and the prescriber who is continuing the treatment is not changing the therapy in any way other than dosage.

(c)  Limited prescription.--If the individual who signs the consent form under subsection (a)(3) is an authorized adult, the prescriber:

(1)  may prescribe not more than a single, 72-hour supply; and

(2)  shall indicate on the prescription the quantity that is to be dispensed pursuant to the prescription.

35c52A04v

(Oct. 24, 2018, P.L.650, No.93, eff. 60 days)

 

2018 Amendment.  Act 93 amended subsec. (b).

Effective Date.  Section 2(2) of Act 125 of 2016 provided that section 52A04 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671.

Cross References.  Section 52A04 is referred to in sections 52A02, 52A03 of this title.

35c52A05s

§ 52A05.  Penalties.

A violation of this chapter subjects a prescriber to administrative sanctions by the prescriber's licensing board under the applicable statute.

35c52A05v

 

Effective Date.  Section 2(2) of Act 125 of 2016 provided that section 52A05 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671.

35c52B01h

 

CHAPTER 52B

OPIOID TREATMENT AGREEMENTS

 

Sec.

52B01.  Definitions.

52B02.  Procedure.

52B03.  Regulations.

52B04.  Penalties.

 

Enactment.  Chapter 52B was added November 27, 2019, P.L.764, No.112, effective immediately.

35c52B01s

§ 52B01.  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:

"Acute pain."  Pain that comes on quickly, may be severe, but lasts a relatively short time and is provoked by a specific condition or injury.

"Baseline test."  The initial assessment through a urine drug test to:

(1)  identify the presence of an illegal substance prior to prescribing a controlled substance; or

(2)  assess the presence or absence of a prescribed drug or drug class.

"Chronic pain."  Pain that persists or progresses over a period of time that may be related to another medical condition and is resistant to medical treatment. The term does not include acute pain.

"Controlled substance."  A drug, substance or immediate precursor included in Schedules II through V of section 4 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Definitive drug test."  A qualitative or quantitative urine drug test used to identify specific drugs, specific drug concentrations and associated metabolites.

"Department."  The Department of Health of the Commonwealth.

"Individual."  An individual who is at least 18 years of age.

"Medical emergency."  A situation that, in the good faith professional judgment of the prescriber, creates a time sensitive threat of serious risk to the life or physical health of a person. The term includes treatment received in an emergency department or urgent care center under the act of November 2, 2016 (P.L.976, No.122), known as the Safe Emergency Prescribing Act.

"Opioid."  Any of the following:

(1)  A preparation or derivative of opium.

(2)  A synthetic narcotic that has opiate-like effects but is not derived from opium.

(3)  A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including an opioid agonist.

"Periodic test."  A urine drug test that screens for a selection of drugs.

"Prescriber."  As defined in the act of October 27, 2014 (P.L.2911, No.191), known as the Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act.

"Presumptive positive drug test."  A urine drug test that is used to identify suspected possible use or nonuse of drugs or a drug class that may be followed by a definitive test to specifically identify drugs or metabolites.

"Targeted test."  A urine drug test ordered at the discretion of a prescriber, based on observation of the prescriber and related circumstances that enhance clinical decision making.

"Treatment agreement."  A document signed by a prescriber and individual that contains a statement to ensure that the individual understands:

(1)  Treatment responsibilities.

(2)  The conditions of medication use.

(3)  The conditions under which the treatment of the individual may be terminated.

(4)  The responsibilities of the prescriber.

35c52B02s

§ 52B02.  Procedure.

(a)  Prescriber requirements.--Except as specified in subsection (d), before issuing an individual the first prescription in a single course of treatment for chronic pain with a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall:

(1)  Assess whether the individual has taken or is currently taking a prescription drug for treatment of a substance use disorder.

(2)  Discuss with the individual:

(i)  The risks of addiction and overdose associated with the controlled substance containing an opioid.

(ii)  The increased risk of addiction to a controlled substance if the individual suffers from a mental disorder or substance use disorder.

(iii)  The dangers of taking a controlled substance containing an opioid with benzodiazepines, alcohol or other central nervous system depressants.

(iv)  Other information deemed appropriate by the prescriber under 21 CFR 201.57(c)(18) (relating to specific requirements on content and format of labeling for human prescription drug and biological products described in § 201.56(b)(1)).

(v)  The nonopioid treatment options available for treating chronic noncancer pain, if applicable, that are consistent with the best practices per the Pennsylvania Opioid Prescribing Guidelines.

(3)  Review and sign a treatment agreement form that includes:

(i)  The goals of the treatment.

(ii)  The consent of the individual to a targeted test in a circumstance where the physician determines that a targeted test is medically necessary. The treatment of chronic pain shall be consistent with the Pennsylvania Opioid Prescribing Guidelines.

(iii)  The prescription drug prescribing policies of the prescriber, which policies include:

(A)  A requirement that the individual take the medication as prescribed.

(B)  A prohibition on sharing the prescribed medication with other individuals.

(iv)  A requirement that the individual inform the prescriber about any other controlled substances prescribed or taken by the individual.

(v)  Any reason why the opioid therapy may be changed or discontinued by the prescriber.

(vi)  Appropriate disposal methods for opioids that are no longer being used by the individual as specified in a consultation with the prescriber.

(4)  Obtain written consent for the prescription from the individual. The prescriber may utilize electronic methods to obtain the written consent of the individual.

(5)  Record the consent under paragraph (4) on the treatment agreement form under paragraph (3).

(b)  Treatment agreement form requirements.--The treatment agreement form under subsection (a)(3) shall be maintained by the prescriber in the medical record of the individual and include:

(1)  The brand name or generic name, quantity and initial dose of the controlled substance containing an opioid being prescribed.

(2)  A statement indicating that a controlled substance is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.

(3)  A statement certifying that the prescriber engaged in the discussion under subsection (a)(2).

(4)  The signature of the individual and the date of signing. The prescriber may utilize electronic methods to obtain the signature of the individual and the date of signing.

(c)  Urine drug testing.--

(1)  A baseline test, periodic test or targeted test shall be used to establish a general assessment for an individual new to treatment for chronic pain and in monitoring adherence to an existing individual treatment plan, as well as to detect the use of a nonprescribed drug.

(2)  A baseline test shall be required prior to the issuance of the initial prescription for chronic pain and shall include confirmatory or quantitative testing of presumptive positive drug test results.

(3)  An individual who is treated for addiction or an individual who is considered moderate or high risk by the prescriber shall be tested at least once annually or as frequently as necessary to ensure therapeutic adherence.

(d)  Exception.--Subsection (c) shall not apply if the treatment of an individual with a controlled substance containing an opioid is associated with or incident to:

(1)  A medical emergency documented in the medical record of the individual.

(2)  The management of pain associated with cancer.

(3)  The use in palliative or hospice care.

(4)  The professional judgment of the prescriber under subsection (a)(1) and (2).

(e)  Documentation of exception.--If subsection (d) applies, the prescriber shall document in the individual's medical record the factor under subsection (d) that the prescriber believes applies to the individual.

35c52B03s

§ 52B03.  Regulations.

(a)  Promulgation.--The department shall promulgate temporary regulations within 90 days of the effective date of this subsection. The temporary regulations shall not be subject to:

(1)  Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(2)  Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(3)  The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(b)  Expiration.--The temporary regulations under subsection (a) shall expire on the promulgation of final-form regulations, or two years following the effective date of this section, whichever is later.

35c52B04s

§ 52B04.  Penalties.

A violation of this chapter by a prescriber shall be subject to sanctions under the prescriber's professional practice act and by the appropriate licensing board.

35c5301h

 

 

CHAPTER 53

911 EMERGENCY COMMUNICATION SERVICES

 

Sec.

5301.  Scope of chapter.

5302.  Definitions.

5303.  Telecommunications management.

5304.  Counties.

5304.1. Pennsylvania State Police.

5305.  911 system plan.

5306.  Special public meeting (Deleted by amendment).

5306.1. Fund.

5306.2. Uniform 911 surcharge.

5307.  Payment, collection and remittance of surcharge by providers of 911 communications services.

5307.1. Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.

5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).

5309.  Telephone records.

5310.  Penalty.

5311.  (Reserved).

5311.1. Immunity.

5311.2. Powers and duties of agency (Deleted by amendment).

5311.3. Advisory committee (Deleted by amendment).

5311.4. Wireless E-911 Emergency Services Fund (Deleted by amendment).

5311.5. Disbursement of fund amounts by agency (Deleted by amendment).

5311.6. Reporting (Deleted by amendment).

5311.7. Prohibition against release of information.

5311.8. Wireless provider and VoIP provider records (Deleted by amendment).

5311.9. Immunity (Deleted by amendment).

5311.10. Agency funding for wireless E-911 support (Deleted by amendment).

5311.11. Rate regulation.

5311.12. Regulations (Deleted by amendment).

5311.13. Enforcement (Deleted by amendment).

5311.14. Collection and disbursement of VoIP 911 fee (Deleted by amendment).

5311.15. Shared residential MLTS service.

5311.16. Business MLTS.

5311.17. Shared communications services.

5311.18. Temporary residence.

5311.19. Local notification.

5311.20. ALI database maintenance.

5311.21. Industry standards.

5311.22. Dialing instructions.

5311.23. MLTS signaling.

5311.24. MLTS operator education.

5311.25. Limitation of liability.

5312.  (Reserved).

5312.1. Legislative study (Deleted by amendment).

5313.  Legislative report.

5314.  Inventory.

5398.  Termination.

5399.  Prohibited release of information.

 

Enactment.  Chapter 53 was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011, unless otherwise noted.

Chapter Heading.  The heading of Chapter 53 was amended June 29, 2015, P.L.36, No.12, effective August 1, 2015.

Special Provisions in Appendix.  See section 7(b)(1) and (2) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c5301s

§ 5301.  Scope of chapter.

This chapter relates to emergency telephone service.

35c5302s

§ 5302.  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:

"911 communication."  Transmission of information to a PSAP for the initial reporting of police, fire, medical or other emergency situation.

"911 communications service."  As follows:

(1)  A service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance, only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable Federal or State requirements to provide the 911 dialing capability.

(2)  The term does not include wireless and Internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and next generation 911 service.

"911 service provider."  An entity that provides all or parts of the network, software applications, databases, CPE components and operations and management procedures required to support a 911 system.

"911 system."  A system capable of receiving and processing a 911 communication throughout a defined geographic area. The term shall include a county or county-based regional 911 system or a PSAP.

"Advisory committee."  (Deleted by amendment).

"Agency."  The Pennsylvania Emergency Management Agency.

"ALI."  Automatic location information.

"ANI."  Automatic number identification.

"Associated with Pennsylvania."  (Deleted by amendment).

"Automatic location information."  The delivery or receipt of location information, including, but not limited to, the street address or geographic location of a telecommunication device, as specified in the FCC 911 Order, being used to communicate with a 911 system.

"Automatic number identification."  The delivery or receipt of a telephone number assigned to a telecommunication device being used to communicate with a 911 system.

"Board."  The 911 board established under section 5303(b) (relating to telecommunications management).

"Call."  A two-way communication established using a 911 communications service.

"Call-back number."  A number used by a public safety answering point to recontact the location from which a 911 call was placed. This number may or may not be the number of the telephone station used to originate the 911 call.

"Commission."  (Deleted by amendment).

"Communication service."  Any service that provides to a subscriber or consumer the capability to initiate, route, transmit or complete a 911 communication from or through any telecommunication device that utilizes telephone numbers, Internet protocol addresses or functional equivalents or technological successors.

"Competitive local exchange carrier."  (Deleted by amendment).

"Consumer."  A person who purchases prepaid wireless telecommunications service or a prepaid wireless device in a retail transaction.

"Contribution rate."  (Deleted by amendment).

"Council."  (Deleted by amendment).

"County."  (Deleted by amendment).

"County plan."  (Deleted by amendment).

"Department."  The Department of Revenue of the Commonwealth.

"Emergency location identification number" or "ELIN."  A valid North American Numbering Plan format telephone number assigned to a multiline telephone system operator by the appropriate authority which is used to route the call to a public safety answering point and is used to retrieve the automatic location information for the public safety answering point. The ELIN may be the same number as the automatic number identification. The North American Numbering Plan number may in some cases not be a dialable number.

"Emergency notification services."  Services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that notify the public and may use ANI/ALI database information, of emergencies declared by these governments.

"Emergency support services."  Information or database management services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that are used in support of PSAPs or emergency notification services.

"Enhanced 911 service" or "911."  Emergency communication service providing for automatic identification of caller location and calling number, which includes network switching, database and PSAP premise elements capable of providing automatic location identification data and a call-back number.

"FCC 911 Order."  All of the following:

(1)  All orders or final rules issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102) codified at 47 CFR § 20.18 (relating to 911 service), "Wireless E-911 Location Accuracy Requirements" codified at 47 CFR Pt. 20 (relating to commercial mobile services) and any successor proceeding.

(2)  Any Federal Communications Commission order that affects the provision of wireless 911 service to wireless service customers.

"Fund."  The 911 Fund established under section 5306.1 (relating to fund).

"Hybrid system."  A system providing both manual and pooled access for outgoing calls. During installation, either pooled or manual access is selected.

"Industry standards."  Publicly available technical requirements or standards adopted by an emergency communications industry association or standard-setting organization, including, but not limited to, the National Emergency Number Association and the Association of Public Safety Communications Officials International.

"Interconnected Voice over Internet Protocol provider."  A person engaged in the business of providing interconnected VoIP service to end-use subscribers in this Commonwealth, including resellers.

"Interconnected Voice over Internet Protocol service."  Service as defined by any of the following:

(1)  All orders issued by the Federal Communications Commission pursuant to the proceeding entitled "IP-Enabled Services" (WC Docket No. 04-36; FCC 05-116), codified at 47 CFR Part 9 (relating to interconnected Voice over Internet Protocol services), and any successor proceeding.

(2)  Any Federal Communications Commission order that affects the provision of 911 service to VoIP service subscribers or further defines interconnected Voice over Internet Protocol service.

"Interconnected Voice over Internet Protocol service subscriber."  A person who is billed by an interconnected Voice over Internet Protocol provider, who is the end user of VoIP service and has designated a place of primary use within this Commonwealth.

"Interexchange carrier."  (Deleted by amendment).

"Key telephone system."  A type of multiline telephone system which provides shared access to several outside lines through buttons or keys, and which has identified access lines with direct line appearances or terminations on each telephone station.

"Local exchange carrier."  A person that provides local exchange telecommunications service within this Commonwealth.

"Local exchange telecommunications service."  The transmission of voice messages that originate and terminate within a prescribed local calling area, including services subject to regulation by the Pennsylvania Public Utility Commission.

"Local exchange telephone service."  (Deleted by amendment).

"Local notification."  A system capability that directs a call to 911 from a multiline telephone system extension through the 911 network to a public safety answering point and simultaneously notifies a designated individual to identify the location of the telephone that has dialed 911.

"Master street address guide."  A database of street names and house number ranges within the associated communities defining emergency services zones and their associated emergency services numbers to enable proper routing of 911 calls.

"Mobile telephone number" or "MTN."  (Deleted by amendment).

"Multiline telephone system" or "MLTS."  A system comprised of common control units, telephone sets, control hardware and software and adjunct systems used to support capabilities, including, but not limited to, network and premises-based systems such as Centrex, VoIP, Hybrid and Key Telephone Systems and PBX as classified under 47 CFR § 68.162 (relating to requirements for telecommunication certification bodies), whether owned or leased by private individuals and businesses or by government agencies and nonprofit entities.

"Multiline telephone system (MLTS) manager."  The person authorized to implement a multiline telephone system, either through purchase or lease of an MLTS or the purchasing of MLTS services, as the means by which to make 911 calls.

"Multiline telephone system (MLTS) operator."  The person responsible for ensuring that a 911 call placed from a multiline telephone system is transmitted and received in accordance with this chapter regardless of the MLTS technology used to generate the call. The MLTS operator may be the MLTS manager or a third party acting on behalf of the MLTS manager.

"Next generation 911 service."  911 service using, in whole or in part, next generation 911 technology.

"Next generation 911 technology."  Equipment, products or services that enable a PSAP to receive calls for emergency assistance by voice, text, video, Internet protocol or other technology authorized by Federal law, regulation or industry standard. The term includes any new technology with the same or similar functionality.

"NPA-NXX."  (Deleted by amendment).

"Other emergency communications service."  Services covered by the term as defined in 47 U.S.C. § 615b(8) (relating to definitions).

"Other emergency communications service provider."  Entities covered by that term as defined in 47 U.S.C. § 615b(9).

"Person."  The term includes a corporation, an LLC, a partnership, an association, the Federal Government, the State government, a political subdivision, a municipal or other local authority and a natural person.

"Place of primary use."  The street address where the subscriber's use of the wireless or VoIP service primarily occurs. For the purpose of the surcharge assessed on a VoIP service subscriber, place of primary use is the VoIP service subscriber's registered location on the date the VoIP service subscriber is billed.

"Prepaid wireless device."  A device that is purchased with a prepaid wireless telecommunications service and is strictly used for that purpose.

"Prepaid wireless E-911 surcharge."  (Deleted by amendment).

"Prepaid wireless provider."  A person that provides prepaid wireless telecommunications service.

"Prepaid wireless telecommunications service."  A wireless telecommunications service that meets all of the following:

(1)  Allows a caller to transmit the digits 911 to access a 911 system.

(2)  Must be paid for in advance and sold in predetermined units or dollars of which the number may or may not decline with use in a known amount.

"Primary place of use."  (Deleted by amendment).

"Private 911 emergency answering point."  An answering point operated by a nonpublic safety entity which:

(1)  Provides functional alternative and adequate means of signaling and directing responses to emergencies as an adjunct to public safety responses.

(2)  Trains individuals intercepting calls for assistance in accordance with applicable local emergency telecommunications requirements.

(3)  Provides incident reporting to the public safety emergency response centers in accordance with State and local requirements.

"Private branch exchange" or "PBX."  A private telephone network switch that is connected to a publicly switched telephone network.

"Provider."  A person that provides service to the public for a fee that includes 911 communications service, including, but not limited to, a local exchange carrier, a wireless provider, a prepaid wireless provider, a VoIP provider or a provider of next generation 911 or successor services.

"PSAP."  (Deleted by amendment).

"Public agency."  Any of the following:

(1)  The Commonwealth.

(2)  A political subdivision, public authority or municipal authority.

(3)  An organization located in whole or in part within this Commonwealth which provides or has the authority to provide firefighting, law enforcement, ambulance, emergency medical or other emergency services.

"Public safety answering point" or "PSAP."  The agency-approved entity that receives 911 communications from a defined geographic area and processes those calls according to a specific operational policy. The term shall refer to a county or county-based regional 911 system.

"Public switched telephone network."  The network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America.

"Regional."  A geographic area that includes more than one county.

"Regional ESiNET."  An Internet Protocol-based system which consists of managed networks, shared applications and the ability to replicate emergency 911 features and functions.

"Regionalization of technology."  The adoption of technology that increases the efficiency of a 911 system by allowing multiple PSAPs to use the same equipment or service.

"Retail transaction."  The purchase of prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service from a seller for any purpose other than resale.

"Seller."  A person who sells prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service to another person.

"Shared residential MLTS service."  The use of a multiline telephone system to provide service to residential facilities even if the service is not delineated for purposes of billing. For purposes of this definition, residential facilities shall be liberally construed to mean single family and multifamily facilities.

"Shared telecommunications services."  The provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses or high-rise buildings by a commercial shared services provider or by a user association through privately owned subscriber premises equipment and associated data processing and information management services, including the provision of connections to the facilities of a local exchange carrier and to interexchange carriers.

"Subscriber."  A person who contracts with and is billed by a provider within this Commonwealth for a 911 communications service. In the case of wireless service, the term shall mean a person who contracts with a provider if the person's place of primary use is within this Commonwealth.

"Telecommunications."  The term shall have the meaning given to it in 47 U.S.C. § 153(50) (relating to definitions).

"Telecommunications carrier."  Any provider of telecommunications services as defined by the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56).

"Telecommunication device" or "device."  Any equipment or item made or adapted for use by a subscriber or consumer to initiate, route or transmit 911 communications using a 911 communications service.

"Telephone subscriber."  (Deleted by amendment).

"Temporary facility."  A dormitory, hotel, motel, health care facility, long-term care facility, nursing home or other facility as determined by the agency that provides temporary occupancy to temporary residents and that is served by a multiline telephone system.

"Uniform 911 surcharge" or "surcharge."  The fee assessed to a subscriber or consumer as provided for under this chapter.

"Vendor."  A person who supplies 911 system services or equipment to enable the transmission of a 911 communication to a PSAP or to support a 911 system or a consultant representing the person, county or PSAP.

"VoIP provider."  Interconnected Voice over Internet Protocol provider.

"VoIP service."  Interconnected Voice over Internet Protocol service.

"VoIP service subscriber."  An Interconnected Voice over Internet Protocol service subscriber.

"Wireless 911 service."  911 communications service provided by a wireless provider, pursuant to the FCC 911 Order, including text-to-911 or any successor requirements.

"Wireless E-911 State plan."  (Deleted by amendment).

"Wireless E-911 surcharge."  (Deleted by amendment).

"Wireless E-911 system."  (Deleted by amendment).

"Wireless provider."  A person engaged in the business of providing wireless service to end-use subscribers in this Commonwealth, including resellers.

"Wireless service."  Commercial mobile radio service as defined under section 332(d) of the Communications Act of 1934 (48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time, two-way voice service that is interconnected with the public switched telephone network. The term does not include prepaid wireless telecommunications service.

"Wireless service customer."  A person who is billed for wireless service by a wireless provider or who purchases prepaid wireless telecommunications service within this Commonwealth.

35c5302v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)

 

2019 Amendment.  Act 17 amended the defs. of "911 system" and "public safety answering point" or "PSAP."

Special Provisions in Appendix.  See section 7(b)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Section 5302 is referred to in section 75A01 of this title.

35c5303s

§ 5303.  Telecommunications management.

(a)  Powers and duties of agency.--The agency shall have the following powers and duties:

(1)  To adopt rules and regulations as necessary to enforce this chapter. Rules and regulations proposed under the authority of this section shall be subject to review by the General Counsel and the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2)  To publish guidelines and application procedures for the collection and distribution of fees collected under this chapter.

(3)  To receive, review and approve or disapprove all 911 system plans in accordance with standards developed in consultation with the board.

(4)  To establish, in consultation with the board, a Statewide 911 plan that sets forth priorities for 911 systems in this Commonwealth and plans for next generation 911 technology.

(5)  To designate a State 911 coordinator who shall be an employee of the agency.

(6)  To provide administrative and support staff to the board as necessary.

(7)  To establish formulas and methods to distribute money in accordance with section 5306.1 (relating to fund) in consultation with the board.

(8)  To establish and publish annually uniform standards relating to technology, next generation 911 technology, administration and operation of 911 systems in consultation with the board.

(9)  To cooperate with county and regional 911 systems to develop interconnectivity of 911 systems through the establishment, enhancement, operation and maintenance of an Internet protocol network.

(10)  To establish and publish annually, in consultation with the board, eligible uses for money received under this chapter, including next generation 911 technology.

(11)  To request information and require audits or reports relating to program compliance from any entity remitting the surcharge to or receiving disbursements from the fund.

(11.1)  To subpoena witnesses, administer oaths, examine witnesses, take such testimony and compel the production of such books, records, papers and documents as it may deem necessary or proper in and pertinent to any proceeding, investigation or hearing.

(12)  To require a biennial performance audit of each 911 system's use of money from the fund, including allocations to capital or operating reserves.

(13)  To prescribe the applications and forms necessary to enforce this chapter.

(14)  No later than December 1 of each year, to report to the General Assembly on the revenue and distributions from the fund for the previous fiscal year and the compliance with the Commonwealth's 911 priorities. In addition, the report shall include a listing of any 911 systems that have merged or consolidated during the previous year.

(15)  To adopt, in consultation with the board, minimum training, certification and quality assurance standards for emergency dispatchers, call takers and supervisors.

(16)  To develop, in consultation with the board, a comprehensive plan for the implementation of a Statewide interoperable Internet protocol network using next generation 911 technology that coordinates the delivery of Federal, State, regional and local emergency services.

(17)  To enforce this chapter through injunction, mandamus or other appropriate proceeding.

(18)  To take other actions necessary to implement and enforce this chapter.

(b)  Establishment of 911 board.--There is established a board within the agency to be known as the 911 board. The board shall be comprised of the following:

(1)  The following State officials, who shall serve as voting members:

(i)  The director of the agency, who shall act as chairperson.

(ii)  The State 911 coordinator.

(iii)  The Commissioner of the Pennsylvania State Police.

(iv)  The chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(v)  The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(vi)  The chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(vii)  The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(viii)  The State Fire Commissioner.

(ix)  The chairperson of the State Geospatial Coordinating Board.

(2)  The following local officials, who shall serve as voting members:

(i)  The mayor of a city of the first class.

(ii)  A county executive of a county of the second class.

(iii)  A county commissioner of a county of the second class A, or a home rule equivalent.

(iv)  A county commissioner of a county of the third or fourth class, or its home rule equivalent.

(v)  Two county commissioners of a county of the fifth, sixth, seventh or eighth class, or a home rule equivalent.

(vi)  The 911 coordinator of a city of the first class.

(vii)  The 911 coordinator of a county of the second class.

(viii)  The 911 coordinator of a county of the second class A.

(ix)  The 911 coordinator of a county of the third or fourth class.

(x)  Two 911 coordinators of a county of the fifth, sixth, seventh or eighth class.

(3)  A representative from the following State agencies, who shall serve as nonvoting members, to be appointed by the chief executive or administrative officer of each agency:

(i)  The Pennsylvania Public Utility Commission.

(ii)  (Deleted by amendment).

(iii)  The Governor's Office of Administration.

(4)  A representative from the following Statewide associations, who shall serve as nonvoting members:

(i)  The Pennsylvania Chiefs of Police Association.

(ii)  The Fraternal Order of Police.

(iii)  The Pennsylvania Emergency Health Services Council.

(iv)  The Pennsylvania Fire and Emergency Services Institute.

(v)  The Association of Public-Safety Communications Officials.

(vi)  The Pennsylvania Chapter of the National Emergency Number Association.

(vii)  The Keystone Emergency Management Association.

(viii)  The Pennsylvania Professional Fire Fighters Association.

(ix)  The Firemen's Association of the State of Pennsylvania.

(x)  The Pennsylvania Wireless Association.

(xi)  The Pennsylvania Telephone Association.

(xii)  The Broadband Cable Association of Pennsylvania.

(xiii)  The Pennsylvania Municipal League.

(xiv)  The Pennsylvania State Association of Boroughs.

(xv)  The Pennsylvania State Association of Township Supervisors.

(xvi)  The Pennsylvania State Association of Township Commissioners.

(xvii)  The Ambulance Association of Pennsylvania.

(xviii)  The Pennsylvania Association of Councils of Governments.

(5)  A member of the general public, who shall serve as a nonvoting member.

(b.1)  Designee.--A voting member of the board may appoint a designee who must be an employee of the same agency or organization as the voting member to attend meetings.

(b.2)  Gubernatorial appointees.--The Governor shall appoint the board members under subsection (b)(2)(iii), (iv), (v), (viii), (ix) and (x), (4) and (5) upon the recommendation of Statewide organizations and industry segments. Recommendations for appointments of county officials under subsection (b)(2) shall be requested by the Governor from the County Commissioners Association of Pennsylvania and recommendations for appointments of 911 coordinators under subsection (b)(2) shall be requested by the Governor from the State chapters of the National Emergency Number Association and the Association of Public Communications Officials. The following shall apply:

(1)  Members appointed by the Governor are appointed to terms of two years and may serve no more than three consecutive terms.

(2)  The Statewide organizations shall ensure that nominees are sufficiently proficient in 911 policies, operations and technologies and that the nominees provide a diverse representation from the western, central and eastern regions of this Commonwealth.

(3)  The Governor shall make the initial appointments of members under subsection (b)(2), (4) and (5) within 90 days of the effective date of this paragraph. Initial terms for members appointed by the Governor shall be divided between one-year and two-year terms.

(4)  Except a member appointed under subsection (b)(2)(i), (ii), (vi) or (vii), the Governor may remove an appointed member of the board for cause upon written notice to the board.

(5)  A member's nonparticipation in three consecutive board meetings may be considered cause for removal.

(b.3)  Quorum.--Thirteen members of the board shall constitute a quorum. When a quorum is present, three-fourths consent of members present and voting is required for any action of the board.

(b.4)  Meetings.--The board shall meet at least once quarterly and at any special session called by the chairperson. All meetings of the board shall be conducted in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(b.5)  Compensation.--The members of the board shall serve without compensation but shall be reimbursed for their actual and necessary travel and other expenses in connection with attendance at meetings called by the chairperson.

(c)  Powers and duties of board.--The board shall have the following powers and duties:

(1)  To advise the agency on regulations and guidelines relating to the administration and operation of 911 systems in this Commonwealth relating to the following:

(i)  Standards for performance reviews and quality assurance programs to ensure public safety and maintain and improve the performance of 911 systems.

(ii)  Measures to ensure the compliance of 911 systems with current industry standards and applicable Federal regulations.

(iii)  Cost-saving measures to include joint purchasing opportunities.

(iv)  Measures to promote regionalization of PSAPs.

(v)  Measures to promote next generation 911 technology.

(vi)  911 planning guidelines.

(vii)  Training standards for emergency dispatchers, call takers and supervisors.

(2)  To provide advice and recommendations to the agency to develop and adopt formulas and methods to distribute money from the fund under section 5306.1.

(3)  To promote effective communication and information sharing between the agency and county 911 coordinators and develop recommendations to improve 911 systems in this Commonwealth.

(4)  To advise the agency on plans to deploy next generation 911 technology in 911 systems in this Commonwealth.

(5)  To promote the regional use of technology.

(6)  To promote sharing of information among the agency, 911 systems and other State and local agencies relating to the operation and improvement of 911 systems.

(d)  Exemption.--The Pennsylvania State Police telecommunications facilities are exempt from the telecommunications management of the agency and the board.

35c5303v

(June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.; Nov. 7, 2019, P.L.617, No.83, eff. imd.)

 

2019 Amendments.  Act 17 amended subsecs. (a)(15) and (b)(1), (3) and (4) and Act 83 amended subsec. (a).

Cross References.  Section 5303 is referred to in section 5302 of this title.

35c5304s

§ 5304.  Counties.

(a)  Powers and duties.--Each county shall have the following powers and duties in relation to a 911 system:

(1)  To ensure the provision of a 911 system in the county's respective jurisdiction. A county may provide a 911 system to the county's jurisdiction through participation in a regional 911 system.

(2)  To develop, maintain or adopt a 911 plan for the county and submit the plan to the agency for review.

(i)  The plan shall be reviewed and updated at a frequency prescribed by the board.

(ii)  A county may adopt the 911 plan of a regional 911 system if the county is a participating member of that regional 911 system.

(3)  To cooperate with the agency, the board and the Pennsylvania State Police.

(4)  To comply with the guidelines, standards and reporting requirements established by the agency.

(5)  To execute all contracts, agreements, mutual aid agreements, cross-service agreements and all other documents necessary to implement its 911 plan.

(6)  To designate a 911 coordinator for the county who shall develop and submit a plan for the implementation, operation and maintenance of a 911 system.

(7)  To cooperate with the board in the preparation and submission of the 911 system plan.

(8)  To cooperate with the Pennsylvania State Police. Subject to subparagraphs (i) through (iii), a county that utilizes ANI/ALI database services shall, upon request of the Commissioner of the Pennsylvania State Police or the designee of the commissioner, provide authority to access all ANI/ALI database information relating to 911 calls for emergency services, whether the database is held by the county or by a commercial entity, following the established procedures of the database owner. The following shall apply:

(i)  In order to ensure that no county or PSAP experiences degradation of service or additional costs as a result of complying with this subsection:

(A)  the Pennsylvania State Police shall provide, at its cost, any equipment, computer software or telecommunications equipment or services, exclusive of recurring personnel costs for county personnel, that are necessary to enable its access to any ANI/ALI database information; and

(B)  all means of access must be approved by the county, PSAP and the Pennsylvania State Police before the county is required to authorize or provide the access. In the event of a dispute between the Pennsylvania State Police and a county or PSAP regarding approval by the county and PSAP, the dispute shall be mediated by the Office of Information Technology of the Commonwealth's Office of Administration. The Office of Information Technology may bring in a Commonwealth mediator from the Office of General Counsel to provide assistance in resolving the dispute.

(ii)  The ANI/ALI database information to which access is authorized or enabled under this paragraph or section 5304.1(a)(3) (relating to Pennsylvania State Police) shall be used only in providing emergency response services to a 911 call. A person who uses or discloses the ANI/ALI database information under this subparagraph for any other purpose commits a misdemeanor of the third degree.

(iii)  Nothing contained in this paragraph shall be construed to impose on providers any obligations beyond those created by applicable Federal Communications Commission orders and regulations. Public agencies, counties, PSAPs and wireless providers shall not be liable to any person for errors in any of the ANI/ALI database information which may be accessed by or provided to the Pennsylvania State Police under this paragraph.

(9)  To comply with reporting requirements established by the agency.

(10)  To make reasonable efforts to ensure required geographic information system (GIS) information is available and maintained to support next generation 911 call delivery. The following apply:

(i)  Counties must cooperate with each other to develop the PSAP boundary, emergency service boundary, provisioning boundary and road centerline data sets.

(ii)  Counties shall share GIS data needed to support geospatial call routing.

(b)  Persons outside county.--(Deleted by amendment).

(c)  Cities of the second class, second class A and third class.--(Deleted by amendment).

35c5304v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)

 

2019 Amendment.  Act 17 added subsec. (a)(10) and deleted subsec. (c).

Cross References.  Section 5304 is referred to in section 5304.1 of this title.

35c5304.1s

§ 5304.1.  Pennsylvania State Police.

(a)  Powers and duties.--The Commissioner of the Pennsylvania State Police, or the designee of the commissioner, shall have the following powers and duties in relation to a Pennsylvania State Police telecommunications facility:

(1)  To designate, with specificity, which Pennsylvania State Police facilities shall be considered Pennsylvania State Police telecommunications facilities under this chapter.

(2)  To designate a commander of a Pennsylvania State Police telecommunications facility, who shall serve as the point of contact with the agency and the counties and shall oversee the implementation, operation and maintenance of a Pennsylvania State Police telecommunications facility. A Pennsylvania State Police facility shall, where technologically feasible, be adequate to provide service to the designated area of coverage.

(3)  To request authority to access ANI/ALI database information relating to 911 calls for emergency services from the counties and PSAPs within the designated area of coverage of a Pennsylvania State Police telecommunications facility. No county or PSAP shall be required to comply with such a request unless it is made by the Commissioner of the Pennsylvania State Police or the designee of the commissioner under section 5304(a)(8) (relating to counties).

(4)  To provide training and certification for all call takers/dispatchers and call taker/dispatcher supervisors that meet or exceed the training and certification standards that are provided for in 4 Pa. Code Ch. 120c (relating to training and certification standards for 911 emergency communications personnel) or any successor standard.

(b)  Ineligible reimbursement.--The Pennsylvania State Police is not eligible to receive reimbursement from the fund, nor may the Pennsylvania State Police impose a tax, fee or surcharge upon subscribers or customers of any provider.

35c5304.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5304.1 is referred to in section 5304.

35c5305s

§ 5305.  911 system plan.

(a)  Minimum standards.--Upon the agreement of a county to establish a 911 system as a regional or single county PSAP, a plan shall be adopted that meets at least the standards promulgated by the agency. The county may obtain technical assistance from the agency in formulating its plan. Each 911 system plan shall be designed to meet the individual circumstances of each community and public agency participating in the 911 system. The plan shall consider efficiencies to be achieved from regionalization and consolidation and may include consideration of next generation 911 technology.

(b)  Board review.--

(1)  The board shall review each 911 system plan for completeness and may recommend the approval or disapproval of the plan to the agency.

(2)  If the 911 system plan is recommended for disapproval by the board, the agency shall explain the deficiencies that caused the recommendation and may return the plan.

(c)  Regional systems.--Nothing in this chapter shall be construed to prohibit the formation of multijurisdictional or regional 911 systems.

(d)  Council review.--(Deleted by amendment).

(e)  Commission review.--(Deleted by amendment).

(f)  Present systems.--(Deleted by amendment).

(g)  Regional systems.--(Deleted by amendment).

(g.1)  Contribution rate.--(Deleted by amendment).

(h)  Contribution rate changes.--(Deleted by amendment).

(i)  Assessment.--(Deleted by amendment).

35c5305v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5305 is referred to in section 5306.1 of this title.

35c5306s

§ 5306.  Special public meeting (Deleted by amendment).

35c5306v

 

2015 Amendment.  Section 5306 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5306.1s

§ 5306.1.  Fund.

(a)  Establishment.--There is established in the State Treasury a nonlapsing restricted interest-bearing account to be known as the 911 Fund. Money in the fund and the interest the money accrues is appropriated to the agency to be disbursed by the agency.

(b)  Composition of fund.--The following money shall be deposited in the fund:

(1)  The surcharge remitted under section 5307 (relating to payment, collection and remittance of surcharge by providers of 911 communications services) and the prepaid wireless surcharge remitted under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service).

(2)  Any money appropriated by the General Assembly.

(3)  Money from any other public or private source.

(4)  Interest accrued by the fund.

(c)  Use.--

(1)  The money in the fund shall be used only for reasonably necessary costs that enhance, operate or maintain a 911 system in this Commonwealth in accordance with the Statewide 911 plan established by the agency. For the purposes of this paragraph, reasonably necessary costs shall be determined by the agency, in consultation with the board, consistent with the following:

(i)  The agency shall establish factors for reasonably necessary costs.

(ii)  The agency shall provide the factors annually through agency guidelines.

(iii)  Notwithstanding any guidelines provided by the agency, use of the fund by a 911 system or the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems or to establish a capital or operating reserve consistent with a 911 system plan shall be deemed reasonably necessary.

(2)  Money from the fund shall not be expended on a 911 system that does not conform to the standards and guidance published by the agency.

(3)  Money from the fund shall not be transferred for General Fund use by the Commonwealth or counties.

(d)  Distribution.--Within 30 days after the end of each quarter, the agency shall determine the amount available from the fund for distribution and make disbursements in accordance with the Statewide 911 plan and this chapter and in accordance with the following:

(1)  Not less than 80% of the amount in the fund shall be disbursed to a 911 system through a mathematical formula established by the agency in consultation with the board, of which at least 30% shall solely be based on population.

(2)  Up to 15% of the amount in the fund shall be used by the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems, including, but not limited to, the use or obligations of money for debt service related to regional or Statewide interconnectivity. Money under this paragraph may also be used to purchase a Statewide system designed to allow individuals to identify their phone numbers as associated with a person with a physical disability, so that when an individual makes a 911 call, the PSAP has this information.

(3)  Three percent of the amount available shall be disbursed equally to the PSAPs of this Commonwealth. Consolidation of PSAPs after the effective date of this paragraph shall not reduce an allocation to a county under this paragraph.

(4)  Not greater than 2% of the amount in the fund may be retained by the agency to pay for agency expenses directly related to administering the provisions of this chapter. Any excess shall be added to the amounts available for distribution under paragraph (1). Audits conducted by the agency under this section shall be funded from amounts retained under this paragraph.

(e)  Distribution formula considerations.--

(1)  The distribution formula established by the agency under subsection (d) shall fairly and proportionately reflect 911 system needs.

(2)  The initial distribution formula shall be established and implemented by the agency, in consultation with the board, no later than 18 months following the effective date of this section.

(3)  The distribution formula shall be reviewed every two years and may be adjusted annually.

(4)  In developing and evaluating the distribution formula, the agency, in consultation with the board, shall consider and may include the following factors that permit the formula to reflect 911 system needs:

(i)  Base level costs common to all 911 systems.

(ii)  Population and population density.

(iii)  Call volume, including definition of what constitutes a call as published by the agency.

(iv)  Extenuating factors such as topography, concentrated exposure such as transit or industrial facilities, or cyclical exposures such as high-attendance public events.

(5)  In development of the distribution formula, the agency, in consultation with the board, shall consider the 911 system's average reported allowable 911 system costs for the five years immediately preceding the effective date of this section.

(6)  Notwithstanding the provisions of paragraph (5), the total annual disbursement from the fund to any one 911 system may not exceed the actual annual costs to enhance, operate or maintain that 911 system in accordance with the Statewide 911 system plan. Actual costs may include amortization or depreciation of allowable capital costs of the 911 system as determined using generally accepted accounting principles and approved plan allocations to capital and operating reserves, if approved by the agency.

(f)  Interim distribution formula.--Commencing on the effective date of this subsection, until the board develops and the agency implements a distribution formula under subsection (e), the money available under subsection (d)(1) and (3) shall be distributed to each 911 system as follows:

(1)  A share equivalent to 106% times the respective 911 system's average of local exchange telephone carriers surcharge collections under section 5305 (relating to 911 system plan) for the five years immediately preceding the effective date of this section.

(2)  A share equivalent to 106% times the respective 911 system's average of VoIP provider's surcharge collections under section 5307 for the five years immediately preceding the effective date of this section.

(3)  The remaining amount distributed to each 911 system shall be based on the ratio that its average reported allowable 911 system costs for the five years immediately preceding the effective date of this paragraph bear to the average reported allowable 911 system costs for all 911 systems for the five years immediately preceding the effective date of this paragraph.

(g)  Surplus.--

(1)  If excess money remains available in the fund after the distribution and balanced disbursements required under subsections (d) and (e), the agency shall distribute the remaining money for the enhancement, operation or maintenance of 911 systems as provided under subsection (d)(1) in this Commonwealth in accordance with the Statewide 911 system plan.

(2)  If the fund experiences a surplus as described in this section for eight consecutive quarters, the agency shall provide written notice of the surplus to the General Assembly and the written notice shall include a recommended reduced surcharge for consideration by the General Assembly.

(3)  The written notice required under paragraph (2) shall be submitted to the General Assembly within 60 days after the end of the eighth consecutive quarter experiencing the surplus.

(h)  County or city action required.--A county or city of the third class shall not be eligible to receive funds under this section unless the governing body of the county or city adopts a resolution or ordinance authorizing acceptance of the funds. The county or city shall provide public notice of the intent to adopt the resolution or ordinance. A copy of the resolution or ordinance shall be provided to the agency.

(i)  Audits.--

(1)  The fund shall be audited in a manner and on a frequency consistent with other restricted receipts accounts administered by the Commonwealth.

(2)  The agency shall require a biennial performance audit of each PSAP's use of the disbursements it has received from the fund, including amounts placed in capital or operating reserve consistent with published guidelines established by the agency.

35c5306.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)

 

2019 Amendment.  Act 17 amended subsec. (d)(2).

2015 Amendment.  Act 12 added section 5306.1.

Cross References.  Section 5306.1 is referred to in sections 5302, 5303 of this title.

35c5306.2s

§ 5306.2.  Uniform 911 surcharge.

(a)  Surcharge imposed.--Each subscriber or consumer shall pay a surcharge of $1.65 for each 911 communications service or prepaid wireless device for which that subscriber or consumer is billed by a provider or seller as provided for under this chapter. The surcharge shall be collected apart from and in addition to a fee levied by the provider or seller, in whole or in part, for the provision of 911 services. The surcharge shall be subject to the following:

(1)  The surcharge shall be uniform, competitively neutral and in an equal amount for subscribers or consumers of all 911 communications services.

(2)  Except as provided under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service), the surcharge shall be paid to the State Treasurer for deposit in the fund. The Treasurer may retain up to 1% of the remitted surcharge to pay expenses directly related to the cost of collection.

(3)  No subscriber or consumer shall be required to pay more than one surcharge per number or device.

(b)  Provider administrative costs.--Each provider collecting the surcharge may retain an amount not to exceed 1% of the gross receipts of surcharges collected as reimbursement for its actual administrative costs.

(c)  Collection of surcharge.--The collection of the surcharge by each provider shall be subject to the following:

(1)  Providers shall collect the surcharge on behalf of the agency as part of their billing process and shall have no obligation to take any legal action to enforce the collection of the surcharge. Action may be brought by or on behalf of the agency. Upon written request of the agency, each wireless provider shall annually provide a list of the names and addresses of those wireless service customers whose accounts are considered a bad debt as determined by the provider's books and records that have failed to pay the surcharge.

(2)  Providers shall not be liable for the unpaid amounts.

(3)  If a provider receives a partial payment for a monthly bill from a subscriber, the provider shall apply the payment against the amount the subscriber owes the provider first and shall remit to the State Treasurer the lesser amount, if any, resulting from the application.

(4)  The surcharge shall not be:

(i)  Subject to taxes or charges levied by the Commonwealth or a political subdivision of this Commonwealth or an intergovernmental agency for 911 funding purposes on a provider, seller or consumer with respect to the sale, purchase, use or provision of a communication service.

(ii)  Considered revenue of the provider.

(5)  Nothing under this chapter shall prevent a provider from recovering costs of implementing and maintaining 911 communications service directly from the provider's subscribers, whether itemized on the subscriber's bill or by any other lawful method.

(6)  Funds remaining in a State or county 911 fund prior to the effective date of this section shall only be used for purposes relating to the operation of 911 systems.

35c5306.2v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5306.2.

35c5307s

§ 5307.  Payment, collection and remittance of surcharge by providers of 911 communications services.

(a)  Collection and remittance of surcharge.--

(1)  Providers shall assess and collect the surcharge monthly from each subscriber and forward the collection quarterly less the actual uncollectibles to the State Treasurer for deposit in the fund.

(2)  The surcharge shall be stated separately in the subscriber billing.

(3)  (Deleted by amendment).

(b)  Multiline telephone systems.--In the case of Centrex or similar multiline telephone system subscribers, except PBX subscribers, the following multipliers shall be applied to determine the rate of the surcharge for each subscriber:

(1)  For the first 25 lines, each line shall be assessed the surcharge.

(2)  For lines 26 through 100, each line shall be assessed 75% of the surcharge.

(3)  For lines 101 through 250, each line shall be assessed 50% of the surcharge.

(4)  For lines 251 through 500, each line shall be assessed 20% of the surcharge.

(5)  For lines 501 or more, each line shall be assessed 17.2% of the surcharge.

(6)  As of August 1, 2015, for each digital transmission link, including primary rate interface service or Digital Signal-1 (DS-1) level service, or equivalent, that can be channelized and split into 23 or 24 voice-grade or data-grade channels for voice communications, that when the digits 9-1-1 are dialed provides the subscriber access to a PSAP through permissible interconnection to the dedicated 911 system, a subscriber's assessments shall be increased to 23 surcharges per transmission link.

(7)  Each VoIP provider shall collect the uniform 911 surcharge for the number of VoIP service lines for which the VoIP provider has enabled the capacity for simultaneous outbound calls regardless of actual usage.

(8)  Each VoIP provider that remits the surcharge shall certify the accuracy of the remittance annually as required using agency procedures and forms.

(c)  Applicability.--The provisions of this section shall not apply to sellers or consumers of prepaid wireless telecommunications service.

(d)  Reimbursement to municipalities.--(Deleted by amendment).

(e)  Collection enforcement.--(Deleted by amendment).

(f)  Prohibition against release of information.--(Deleted by amendment).

35c5307v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5307 is referred to in section 5306.1 of this title.

35c5307.1s

§ 5307.1.  Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.

(a)  Surcharge.--The following apply:

(1)  The surcharge shall be collected by the seller from the consumer per each retail transaction occurring in this Commonwealth.

(2)  The surcharge shall be applied to the cost of each retail transaction regardless of whether the retail transaction occurred in person, by telephone, through the Internet or by any other method. A retail transaction that is conducted in person by a consumer at a business location of the seller shall be treated as occurring in this Commonwealth if that business location is in this Commonwealth. Any other retail transaction shall be treated as occurring in this Commonwealth if the retail transaction is treated as occurring in this Commonwealth under section 202(e.1) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(3)  The surcharge shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller or otherwise conspicuously disclosed to the consumer by the seller.

(4)  The surcharge is a liability of the consumer and not of the seller or any provider, except that the seller shall be liable to remit any surcharge collected from a consumer as provided under paragraph (6), including the charges that the seller is deemed to collect if the amount of the surcharge has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller.

(5)  The amount of the surcharge that is collected by a seller from a consumer, whether or not the amount is separately stated on an invoice, receipt or similar document provided to the consumer by the seller, shall not be included in the base for measuring a tax, fee, surcharge or other charge that is imposed by the Commonwealth, a political subdivision or an intergovernmental agency.

(6)  The surcharge collected by a seller, less 1.5% that may be retained by the seller to cover administrative costs, shall be remitted to the Department of Revenue at the times provided under Article II of the Tax Reform Code of 1971. The department shall establish payment procedures that substantially coincide with the payment procedures of Article II of the Tax Reform Code of 1971, except the department may require the filing of returns and the payment of the surcharge by electronic means.

(7)  The assessment, audit, appeal, collection and enforcement procedures and other provisions of the Tax Reform Code of 1971 shall apply to the surcharge collected and remitted under this section.

(8)  The provision of section 5311.1 (relating to immunity) shall apply to prepaid wireless providers and sellers.

(9)  The surcharge shall be the only 911 funding obligation imposed regarding prepaid wireless telecommunications service in this Commonwealth. A tax, fee, surcharge or other charge may not be imposed by the Commonwealth, a political subdivision or an intergovernmental agency for 911 funding purposes on a seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service. The surcharge shall not be considered revenue of any seller.

(10)  Each seller that remits the surcharge shall certify the accuracy of the remittance annually using the procedures and forms provided by the agency.

(b)  Department of Revenue.--The following shall apply to the department:

(1)  The department shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales and use tax purposes under Article II of the Tax Reform Code of 1971.

(2)  The department shall pay all remitted surcharges to the State Treasurer for deposit into the fund within 30 days of receipt for use as provided for under this chapter.

(3)  The department may retain up to 1% of remitted surcharges to pay for expenses directly related to the costs of administering the collection and remittance of surcharges collected under this section.

35c5307.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5307.1.

Cross References.  Section 5307.1 is referred to in sections 5306.1, 5306.2 of this title.

35c5308s

§ 5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).

35c5308v

 

2015 Amendment.  Section 5308 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5309s

§ 5309.  Telephone records.

(a)  Access.--A telephone service supplier shall provide customer telephone numbers, names and service addresses to PSAPs when requested by them for use in responding to 911 calls and for the synchronization of required geographic information system (GIS) database layers for geospatial call routing with the master street address guide, the ALI data and site and structure locations and, when required, to providers of emergency notification services and emergency support services, solely for the purposes of delivering or assisting in the delivery of emergency notification services and emergency support services. A wireless provider shall provide the telephone number and geographical location of the wireless device, as required under the FCC E-911 Order, to PSAPs when requested by them for use in responding to 911 calls. Customer telephone numbers, names and service addresses, and telephone numbers and geographical locations of wireless devices, shall remain the property of the disclosing service supplier. The total cost of the 911 system shall include expenses to reimburse telephone service suppliers for providing and maintaining 911 information. A telephone service supplier shall not be reimbursed directly from the fund for providing and maintaining 911 information. This information shall be used only in providing emergency response services to a 911 call, synchronizing master street address guide, ALI and GIS data sets or for purposes of delivering or assisting in the delivery of emergency notification services or emergency support services. A person who uses or discloses ANI/ALI database information for purposes other than providing emergency response services to a 911 call, delivering or assisting in the delivery of emergency notification services commits a misdemeanor of the third degree.

(b)  Privacy waived.--Private listing service customers in a 911 service district shall waive the privacy afforded by nonlisted and nonpublished numbers with respect to the delivery of emergency services.

(c)  Immunity.--(Deleted by amendment).

35c5309v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)

 

2019 Amendment.  Act 17 amended subsec. (a).

35c5310s

§ 5310.  Penalty.

(a)  Communications with 911 systems.--A person who intentionally calls the 911 emergency number for other than emergency purposes commits a misdemeanor of the third degree.

(b)  Information disclosure.--A person commits a misdemeanor of the third degree if the person does any of the following:

(1)  Uses or discloses database information for wireless service, VoIP service, other emergency communications service or next generation 911 service or future technology providing the same or similar functionality for purposes other than handling a call to a 911 system, or a system used for other emergency communications service, next generation 911 service or future technology providing the same or similar functionality, without consent of the subscriber or consumer as otherwise provided by applicable Federal or State law.

(2)  Knowingly uses the telephone number or database information of a 911 system, other emergency communications service, next generation 911 service, future technology providing the same or similar functionality or VoIP service to avoid any charges for the services of a provider.

35c5310v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

35c5311s

§ 5311.  (Reserved).

35c5311.1s

§ 5311.1.  Immunity.

(a)  Local government.--A 911 system or a wireless E-911 system run by county and local governments shall be a local agency which shall enjoy local governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties).

(b)  Entities.--The following shall not be liable for an act or omission to a person who directly or indirectly uses a 911 emergency service or provides information to 911 systems under this section except for willful or wanton misconduct:

(1)  A 911 system.

(2)  A 911 service provider.

(3)  A provider or communication service provider, including a provider of Next Generation 911 technology.

(4)  An officer, director, employee, vendor or agent of an entity listed under paragraphs (1), (2) and (3).

(c)  Applicability.--The immunity under subsection (b) shall apply to the following:

(1)  The release to PSAPs, providers of emergency notification services or providers of emergency support services of information authorized under this chapter, including nonpublished telephone numbers.

(2)  The release to the Federal Communications Commission, the public utility commission, the board or any Federal or Commonwealth agency with the authority to regulate the provision of telecommunications services of telephone company information specified in this section that is not already part of public records, including information regarding the number of liens served by an individual company, except for nonpublic information regarding the company's individual customer names, addresses and telephone numbers.

(3)  Interruptions, omissions, defects, errors, mistakes or delays in transmission occurring in the course of the delivery of 911 emergency services and other emergency services, including next generation 911 services under this chapter, unless the interruptions, omissions, defects, errors, mistakes or delays are caused by the willful or wanton misconduct of a person listed under subsection (b).

(4)  Any other matter relating to the provision of 911 communications service or a 911 system.

35c5311.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5311.1 is referred to in section 5307.1 of this title.

35c5311.2s

§ 5311.2.  Powers and duties of agency (Deleted by amendment).

35c5311.2v

 

2015 Amendment.  Section 5311.2 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.3s

§ 5311.3.  Advisory committee (Deleted by amendment).

35c5311.3v

 

2015 Amendment.  Section 5311.3 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.4s

§ 5311.4.  Wireless E-911 Emergency Services Fund (Deleted by amendment).

35c5311.4v

 

2015 Amendment.  Section 5311.4 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.5s

§ 5311.5.  Disbursement of fund amounts by agency (Deleted by amendment).

35c5311.5v

 

2015 Amendment.  Section 5311.5 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.6s

§ 5311.6.  Reporting (Deleted by amendment).

35c5311.6v

 

2015 Amendment.  Section 5311.6 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.7s

§ 5311.7.  Prohibition against release of information.

(a)  Annual report of agency.--The annual report of the agency shall be a public document.

(b)  Prohibition against release of information.--The State Treasurer, agency, board, employee, agent or representative of a PSAP or public agency shall not divulge any information acquired with respect to any provider, revenues, expenses, trade secrets, commercial information and other proprietary information. Any information acquired shall be kept confidential except that aggregations of information that do not effectively identify numbers of consumers or subscribers, revenues or expenses, trade secrets, commercial information and other proprietary information attributable to any provider may be made public.

35c5311.7v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

35c5311.8s

§ 5311.8.  Wireless provider and VoIP provider records (Deleted by amendment).

35c5311.8v

 

2015 Amendment.  Section 5311.8 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.9s

§ 5311.9.  Immunity (Deleted by amendment).

35c5311.9v

 

2015 Amendment.  Section 5311.9 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.10s

§ 5311.10.  Agency funding for wireless E-911 support (Deleted by amendment).

35c5311.10v

 

2015 Amendment.  Section 5311.10 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.11s

§ 5311.11.  Rate regulation.

Nothing in this chapter shall be construed to constitute the regulation of the rates charged by providers for any service or feature which they provide to their subscribers or customers or to prohibit charges to a subscriber or customer for any service provided to a subscriber or customer.

35c5311.11v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

35c5311.12s

§ 5311.12.  Regulations (Deleted by amendment).

35c5311.12v

 

2015 Amendment.  Section 5311.12 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.13s

§ 5311.13.  Enforcement (Deleted by amendment).

35c5311.13v

 

2015 Amendment.  Section 5311.13 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.14s

§ 5311.14.  Collection and disbursement of VoIP 911 fee (Deleted by amendment).

35c5311.14v

 

2015 Amendment.  Section 5311.14 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.15s

§ 5311.15.  Shared residential MLTS service.

Operators of shared residential MLTS serving residential customers shall ensure that a telecommunications system, at least six months after the effective date of this section, is connected to the public switched telephone network such that calls to 911 result in one distinctive ANI and ALI for each living unit.

35c5311.15v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.15.

35c5311.16s

§ 5311.16.  Business MLTS.

(a)  General rule.--For an MLTS serving business locations at least six months after the effective date of this section, the MLTS operator shall deliver the 911 call with an ELIN which shall result in one of the following:

(1)  An ERL which provides, at a minimum, the building and floor location of a caller.

(2)  An ability to direct response through an alternative and adequate means of signaling by the establishment of a private 911 emergency answering point.

(b)  Reasonable effort.--The MLTS manager must make a reasonable effort to ensure that 911 callers are aware of the proper procedures for calling for emergency assistance.

(c)  Exceptions.--Workspaces with less than 7,000 square feet on a single level, and located on a single contiguous property, are not required to provide more than one ERL, and key telephone systems are not required to provide more than one ERL.

35c5311.16v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.16.

35c5311.17s

§ 5311.17.  Shared communications services.

Providers of shared communications services installed at least six months after the effective date of this section shall assure that the MLTS is connected to the public switched telephone network such that calls to 911 from any telephone result in ALI for each respective ERL of each entity sharing the telecommunications services.

35c5311.17v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.17.

35c5311.18s

§ 5311.18.  Temporary residence.

Businesses providing MLTS service to a temporary residence shall permit the dialing of 911, and the MLTS operator shall ensure that the MLTS is connected to the public switched telephone network. If PBX or other private switch ALI records are not provided for each individual station, the MLTS operator of the temporary residence shall provide specific location information for the caller to the PSAP.

35c5311.18v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.18.

35c5311.19s

§ 5311.19.  Local notification.

In addition to any other requirement of this chapter, applicable to its type of MLTS service, an MLTS operator:

(1)  Shall implement local notifications if operating an MLTS service installed after the effective date of this section.

(2)  May implement local notification if operating an MLTS service installed before the effective date of this section.

35c5311.19v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.19.

35c5311.20s

§ 5311.20.  ALI database maintenance.

If applicable, MLTS operators must arrange to update the ALI database with an appropriate master street address guide valid address and call-back information for each MLTS telephone, such that the location information specifies the ERL of the caller. These updates must be downloaded or otherwise made available to the ALI database provider as soon as practicable for a new MLTS installation, or within one business day of record completion of the actual changes for MLTS installed before the effective date of this section. The information is subject to all Federal and State privacy and confidentiality laws. The MLTS operator shall audit accuracy of information contained in the ALI database at least once annually.

35c5311.20v

(June 29, 2015, P.L.36, No.12, eff. 180 days)

 

2015 Amendment.  Act 12 added section 5311.20.

35c5311.21s

§ 5311.21.  Industry standards.

Local exchange carriers and providers shall be responsible for providing 911 call interconnectivity through the use of generally accepted industry standards.

35c5311.21v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.21.

35c5311.22s

§ 5311.22.  Dialing instructions.

An owner or operator of a multiline telephone system installed after the effective date of this section shall ensure that the system is connected to the public switched telephone network in such a manner that when a user dials 911, the emergency call connects directly to the appropriate 911 system:

(1)  without first dialing any numbers or set of numbers; and

(2)  without being intercepted by a switchboard operator, attendant or other designated onsite individual.

35c5311.22v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.22.

35c5311.23s

§ 5311.23.  MLTS signaling.

An MLTS shall support 911 calling by using any generally accepted industry standard signaling protocol designed to produce an automatic display of caller information on the video terminal of the PSAP call taker unless the MLTS operator is exempt or a waiver has been granted.

35c5311.23v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.23.

35c5311.24s

§ 5311.24.  MLTS operator education.

Each public agency providing 911 educational programs is encouraged to develop a program to educate MLTS operators related to accessing 911 emergency telephone systems and coordinate adequate testing of the MLTS interface to the 911 system.

35c5311.24v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.24.

35c5311.25s

§ 5311.25.  Limitation of liability.

A local exchange carrier, Internet service provider, manufacturer or provider of MLTS, MLTS manager, MLTS operator or 911 service provider shall not be liable for civil damages or penalties as a result of any act or omission, except willful or wanton misconduct, in connection with developing, adopting, operating or implementing any plan or system required under this chapter.

35c5311.25v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.25.

35c5312s

§ 5312.  (Reserved).

35c5312.1s

§ 5312.1.  Legislative study (Repealed).

35c5312.1v

 

2015 Repeal.  Section 5312.1 was repealed June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5313s

§ 5313.  Legislative report.

Within two years of the effective date of this section, the agency, in consultation with the board, shall prepare and submit to the General Assembly a report and recommendations on the impacts of current and anticipated technological and market changes on the provision of 911 communications service, including:

(1)  the structure and adequacy of the surcharge and fund provided for under this chapter;

(2)  other local revenue options to support 911 services; and

(3)  any benefits that could be derived from dispatching all 911 calls from county PSAPs.

35c5313v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5313.

35c5314s

§ 5314.  Inventory.

(a)  Comprehensive inventory required.--The agency, in consultation with the board, shall maintain and update on a biennial basis a comprehensive inventory of each county PSAP's facilities, hardware, software, communications infrastructure, network capabilities and related equipment and services procured to determine the status of each PSAP's 911 system's stage of advancement to NG911.

(b)  Contents.--The inventory shall include, but is not limited to:

(1)  A record of databases, networks, radio, telephone and equipment and correlated networks at each PSAP.

(2)  A record of all data systems, including, but not limited to, call and dispatch and record management systems.

(3)  Equipment/network system geographic limitations and capabilities.

(4)  A record of equipment or facilities that are or can be shared or collocated.

(5)  A record of all leased equipment and date of each lease termination date.

(c)  Counties to cooperate.--Counties shall cooperate with the agency by providing the information identified in this section and other information deemed necessary by the agency to complete an inventory as required under subsection (a). Counties that do not provide the information requested by the agency within 45 days of the request shall be suspended from any grant or funding program or be required to forfeit fund disbursements.

35c5314v

(June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.)

 

2019 Amendment.  Act 17 amended subsecs. (a) and (c).

2015 Amendment.  Act 12 added section 5314.

35c5398s

§ 5398.  Termination.

This chapter shall expire January 31, 2024.

35c5398v

(June 30, 2014, P.L.813, No.84, eff. imd.; June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.)

 

Special Provisions in Appendix.  See section 7(b)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c5399s

§ 5399.  Prohibited release of information.

(a)  Prohibition.--Notwithstanding any other law, in a response to a request under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, a PSAP may not release individual identifying information of an individual calling a 911 center, victim or witness.

(b)  Applicability.--This section shall not apply if the PSAP or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.

(c)  Definition.--As used in this section, the term "identifying information" includes name, telephone number and home address. The term does not include:

(1)  The location of the incident, unless the location is the caller's, victim's or witness's home address or the disclosure of the location would compromise the identity of the caller, victim or witness.

(2)  The street block identifier, the cross street or the mile marker nearest the scene of the incident, which shall be public.

35c5399v

(May 24, 2016, P.L.228, No.30, eff. 60 days)

 

2016 Amendment.  Act 30 added section 5399.

35c5401h

 

 

CHAPTER 54

CANCER TRIAL ACCESS FOR PENNSYLVANIA PATIENTS

 

Sec.

5401.  Scope of chapter.

5402.  Legislative findings and intent.

5403.  Definitions.

5404.  Improving access to cancer clinical trials.

 

 

Enactment.  Chapter 54 was added October 24, 2018, P.L.650, No.93, effective in 6 months.

35c5401s

§ 5401.  Scope of chapter.

This chapter relates to cancer trial access for Pennsylvania patients.

35c5402s

§ 5402.  Legislative findings and intent.

(a)  Findings and declarations.--The General Assembly finds and declares as follows:

(1)  A Pennsylvanian will be diagnosed with cancer approximately every four minutes, and a Pennsylvanian will die of cancer every 10 minutes. African-American Pennsylvanians in particular face higher rates of cancer incidence and mortality compared to other races and ethnicities.

(2)  The ability to translate medical findings from research to practice relies largely on having robust and diverse patient participation in cancer clinical trials.

(3)  A low participation rate or a homogenous participant group prevents segments of the population from benefiting from advances achieved through clinical research, creates uncertainties over the applicability of research findings and has proven to develop lifesaving drugs that work for some ethnic populations but not others.

(4)  Conversely, some drug trials are canceled because they do not show promise for the current homogenous study population of patients but could be beneficial to other ethnicities who are not receiving the trial drug because of poor participation rates.

(5)  Diverse patient participation in cancer clinical trials depends, in part, on whether a participant can afford ancillary medical and other costs, including transportation for clinical visits required by trial participation, which are not covered by standard of care, or lodging during the course of his or her participation. A national study in 2015 found that patient households making less than $50,000 annually were almost 30% less likely to participate in clinical trials.

(6)  Another barrier to cancer clinical trial participation is the cost of travel, lodging and other expenses for a patient's travel companion, including a family member, friend, health care provider or chaperone that attends cancer clinical trial treatments to provide emotional, physical and mental support to the trial participant. Some trial participants are too old, too young or too ill to simply travel on their own.

(7)  Cancer clinical trials often only cover the actual cost of the drug being tested and very rarely the direct costs of participation by a patient-subject. There are often significant expenses associated with enrollment in a clinical trial that are not covered by the clinical trial site or sponsor. These include travel expenses to and from the clinical sites whether by air, car, bus, train, taxi or public transportation along with the travel costs of parking, car rental, gas, tolls and lodging.

(8)  This disparity threatens one of the most basic ethical underpinnings of clinical research, the requirement that the benefits of research be made available equitably among all eligible individuals.

(9)  According to the National Cancer Institute, Cancer Clinical Trials Resource Guide, some of the barriers preventing individuals, with cancer or at high risk of developing cancer, from participating in clinical trials are direct and indirect financial and personal costs, including travel.

(10)  Some corporations, individuals, public and private foundations, health care providers and other stakeholders are hesitant to contribute to or accept funds from programs that are organized to alleviate financial burdens faced by patients who wish to participate in clinical trials and their caregivers due to concerns that the United States Food and Drug Administration or other Federal regulators would view the payments made from those funds as prohibited inducements for patients to receive the health care services provided during clinical trials.

(11)  While the United States Food and Drug Administration recently confirmed to Congress and provided guidance that, in fact, reimbursement of direct patient-incurred expenses is not inducement, many organizations, pharmaceutical companies, philanthropic individuals, charitable organizations, government entities and others still operate under the understanding that such reimbursement could be, in fact, considered inducement.

(b)  Intent.--It is the intent of the General Assembly to enact legislation to define and establish a clear difference between what is considered inducement for a patient to participate in a clinical trial and direct reimbursement of patient-incurred expenses for participating in a cancer clinical trial.

35c5403s

§ 5403.  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:

"Cancer clinical trials."  Research studies that test new cancer treatments on people, including chemotherapies, stem cell therapies and other new treatments.

"Department."  The Department of Health of the Commonwealth.

"IEC."  An Independent Ethics Review Committee that is an appropriately constituted group formally established in accordance with applicable United States Food and Drug Administration regulations or outside the United States by other equivalent and applicable international regulations and guidelines in order to review and monitor biomedical research involving human subjects, and specifically having the authority to approve or disapprove research or to require modifications in research to secure approval.

"Inducement."  Paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial.

"IRB."  An Institutional Review Board that is an appropriately constituted group formally established in accordance with applicable United States Food and Drug Administration regulations or outside the United States by other equivalent and applicable international regulations and guidelines in order to review and monitor biomedical research involving human subjects, and specifically having the authority to approve or disapprove research or to require modifications in research to secure approval.

"Patient-subject."  A person participating in a cancer clinical trial.

"Third-party reimbursement entity."  A third-party nonprofit corporation or public charity that specializes in assisting cancer patients and increasing enrollment, retention and minority participation in cancer clinical trials.

35c5404s

§ 5404.  Improving access to cancer clinical trials.

(a)  Inducement.--All sponsors of cancer clinical trials shall inform potential patient-subjects at the time of the informed consent process of the following:

(1)  Reimbursement for travel and ancillary costs is available to all enrollees based on financial need.

(2)  Coverage of the travel and other ancillary costs is done to eliminate financial barriers to enrollment in order to retain patient-subjects in the clinical trial.

(3)  Family, friends or chaperones that attend the cancer clinical trial treatments to support the patient-subject are eligible for reimbursement of their travel and ancillary expenses.

(b)  Reimbursement.--

(1)  Reimbursement of travel, ancillary medical costs and other direct patient-incurred expenses related to trial participation shall not be considered an inducement to participate in a cancer clinical trial.

(2)  Reimbursement for travel and ancillary expenses shall not be considered coercive or exerting undue influence to participate in a trial; instead, reimbursement shall be considered a means to create parity in clinical trial access and remove a barrier to participation for financially burdened patient-subjects.

(c)  Expenses and registration.--The following apply:

(1)  Government, industry, public and private foundations, corporations and individuals may offer financial support to patient-subjects, or the family, friends or chaperones of patient-subjects, to cover ancillary costs through their support of a third-party reimbursement entity.

(2)  A third-party reimbursement entity shall register with a department-approved Pennsylvania college or university with a school of public health. Registration must occur within 30 days of the date the third-party reimbursement entity first reimbursed a patient-subject, or the patient-subject's family, friends or chaperones, for travel or ancillary expenses related to a cancer clinical trial conducted within this Commonwealth.

(3)  Registration under paragraph (2) shall include:

(i)  The name of the third-party reimbursement entity.

(ii)  The third-party reimbursement entity's legal and tax status.

(iii)  The third-party reimbursement entity's employer or other similar identification number.

(iv)  The names of the third-party reimbursement entity's principal officers and directors.

(v)  The names of donors of $5,000 or more to the third-party reimbursement entity.

(vi)  Appropriate identifying information, as determined by the department, regarding other sources of funding from a source of $5,000 or more.

(vii)  Other information as the department deems necessary or appropriate.

(4)  A third-party reimbursement entity registering under paragraph (2) shall update the registration no less than once annually utilizing forms and regulations developed by the department.

(5)  A third-party reimbursement entity that fails to register as required by this subsection shall be subject to a penalty of no more than $300 imposed by the department.

(d)  Reimbursement programs.--Reimbursement programs must comply with the following:

(1)  Reimbursement programs that cover ancillary medical and travel expenses must be reviewed and approved by the IRB or IEC in conjunction with their review of the proposed clinical trial. The IRB or IEC must consider whether the reimbursed patient-subjects are recruited fairly, informed adequately and paid appropriately.

(2)  The nature of the ancillary support and general guidelines on financial eligibility must be disclosed in the informed consent process.

(3)  The reimbursement process must conform to Federal and State laws and guidance.

35c5501h

 

 

CHAPTER 55

EPINEPHRINE AUTO-INJECTOR ENTITIES

 

Sec.

5501.  Scope of chapter.

5502.  Definitions.

5503.  Epinephrine auto-injectors for authorized entities.

 

Enactment.  Chapter 55 was added October 24, 2018, P.L.650, No.93, effective in 60 days.

35c5501s

§ 5501.  Scope of chapter.

This chapter relates to epinephrine auto-injector entities.

35c5502s

§ 5502.  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:

"Administer."  The direct application of an epinephrine auto-injector to the body of an individual.

"Authorized entity."  Any entity or organization, other than a school entity or a nonpublic school under section 1414.2 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, which has an employee or agent who has completed the required training and at which allergens capable of causing anaphylaxis may be present, including, but not limited to:

(1)  recreation camps;

(2)  colleges and universities;

(3)  day-care facilities;

(4)  youth sports leagues;

(5)  amusement parks;

(6)  restaurants;

(7)  places of employment;

(8)  sports arenas; and

(9)  law enforcement agencies.

"Department."  The Department of Health of the Commonwealth.

"Epinephrine auto-injector."  A single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

"Health care practitioner."  An individual who is authorized to practice some component of the healing arts by a license, permit, certificate or registration issued by a Commonwealth licensing agency or board.

"Law enforcement agency."  The Pennsylvania State Police or a police department of a city, borough, incorporated town or township.

35c5503s

§ 5503.  Epinephrine auto-injectors for authorized entities.

(a)  Prescribing and dispensing.--Notwithstanding any provision of law to the contrary, a health care practitioner with prescriptive authority may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section. Pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.

(b)  Supply.--

(1)  An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The epinephrine auto-injectors shall be stored:

(i)  in a location readily accessible in an emergency; and

(ii)  in accordance with:

(A)  the epinephrine auto-injector's instructions for use; and

(B)  any additional requirements that may be established by the department.

(2)  An authorized entity shall designate employees or agents who have completed the training required under subsection (d) to be responsible for the storage, maintenance, control and general oversight of epinephrine auto-injectors acquired by the authorized entity.

(c)  Use.--An employee or agent of an authorized entity or other individual associated with the entity who has completed the training required under subsection (d) may use epinephrine auto-injectors prescribed under subsection (a) to do any of the following:

(1)  Provide an epinephrine auto-injector for immediate administration to any individual, or the parent, guardian or caregiver of the individual, who the employee, agent or other individual associated with the entity believes, in good faith, is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

(2)  Administer an epinephrine auto-injector to any individual who the employee, agent or other individual believes, in good faith, is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

(d)  Training.--

(1)  An employee or agent of the authorized entity or other individual associated with the entity shall complete an anaphylaxis training program as required by the department. The training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment, a health care practitioner employed or contracted by the authorized entity or an entity or individual approved by the department. The department may approve specific entities or individuals or may approve classes of entities or individuals to conduct the training. Training may be conducted online or in person and, at a minimum, shall cover:

(i)  how to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

(ii)  standards and procedures for the storage and administration of an epinephrine auto-injector; and

(iii)  emergency follow-up procedures.

(2)  The entity or individual that conducts the training shall issue a certificate, on a form developed or approved by the department, to each individual who successfully completes the anaphylaxis training program.

(e)  Good Samaritan protections.--

(1)  The following shall not be liable for any injuries or related damages that result from any act or omission taken under this section:

(i)  An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents and other individuals associated with the entity;

(ii)  a health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity;

(iii)  a pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity; and

(iv)  an individual or entity that conducts the training described under subsection (d).

(2)  The immunity provided under paragraph (1) shall not apply to acts or omissions constituting intentional misconduct or gross negligence.

(3)  The administration of an epinephrine auto-injector in accordance with this section shall not be considered the practice of medicine or any other profession that otherwise requires licensure.

(4)  This subsection shall not eliminate, limit or reduce any other immunity or defense that may be available under law, including that provided under 42 Pa.C.S. § 8332 (relating to emergency response provider and bystander good Samaritan civil immunity).

(5)  An entity located in this Commonwealth shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this Commonwealth if the entity:

(i)  would not have been liable for the injuries or related damages had the provision or administration occurred within this Commonwealth; or

(ii)  is not liable for the injuries or related damages under the law of the state in which the provision or administration occurred.

35c5601h

 

CHAPTER 56

NONPROFIT SECURITY GRANT FUND

 

Sec.

5601.  Definitions.

5602.  Nonprofit Security Grant Fund.

5603.  Administration.

5604.  Expiration.

 

Enactment.  Chapter 56 was added November 7, 2019, P.L.617, No.83, effective immediately.

35c5601s

§ 5601.  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:

"Commission."  The Pennsylvania Commission on Crime and Delinquency.

"Eligible applicant."  A nonprofit organization.

"Eligible project."  Security enhancements designed to protect the safety and security of the users of a facility located in this Commonwealth that is owned or operated by a nonprofit organization.

"Facility."  A building or portion of a building owned or operated by a nonprofit organization and used to carry out the organization's mission, including community space, community centers, day-care or adult care facilities.

"Fund."  The Nonprofit Security Grant Fund established under section 5602 (relating to Nonprofit Security Grant Fund).

"Nonprofit organization."  A corporation or other entity based in this Commonwealth which:

(1)  is an exempt organization as defined under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)); and

(2)  principally serves individuals, groups or institutions that are included within a bias motivation category for single bias hate crime incidents identified by the Federal Bureau of Investigation in its 2017 Hate Crime Statistics publication under the Uniform Crime Reporting Program.

"Security enhancements."  The term includes:

(1)  Safety and security planning.

(2)  Purchase of safety and security equipment.

(3)  Purchase of security-related technology, which may include, but is not limited to:

(i)  Metal detectors.

(ii)  Protective lighting.

(iii)  Surveillance equipment.

(iv)  Special emergency communications equipment.

(v)  Electronic locksets.

(vi)  Deadbolts.

(vii)  Trauma kits.

(viii)  Theft control devices.

(4)  Safety and security training.

(5)  Threat awareness and response training.

(6)  Upgrades to existing structures that enhance safety and security.

(7)  Vulnerability and threat assessments.

(8)  Specialty trained canines.

(9)  Any other safety- or security-related project that enhances safety or security of the nonprofit organization.

35c5602s

§ 5602.  Nonprofit Security Grant Fund.

(a)  Establishment.--The Nonprofit Security Grant Fund is established as a special fund in the State Treasury.

(b)  Appropriation.--All money deposited in the fund under subsection (d) and the interest the money accrues shall be appropriated to the commission on a continuing basis to award grants under this chapter.

(c)  Transfers from General Fund.--Money available to the fund shall include transfers from the General Fund as provided under subsection (d).

(d)  Transfer by Secretary of the Budget.--No later than 30 days after the effective date of this section, the Secretary of the Budget shall transfer to the fund $5,000,000 of the unexpended, unencumbered prior year funds that were originally appropriated from the General Fund to any executive branch agency which is subject to the policy, supervision and control of the Governor. The Secretary of the Budget may only make the transfer of funds if the transfer will not result in a deficit in any appropriation from which the funds are transferred. No less than 10 days prior to the transfer, the Secretary of the Budget shall send notification of the transfer in writing to the chairperson and the minority chairperson of the Appropriations Committee of the Senate and the chairperson and the minority chairperson of the Appropriations Committee of the House of Representatives.

(e)  Appropriation by General Assembly.--Beginning with the 2020-2021 fiscal year, the General Assembly may appropriate money to the fund.

(f)  Lapse of funds.--All unexpended and unencumbered funds remaining in the fund as of July 1, 2024, shall lapse and be transferred to the General Fund.

35c5602v

 

Cross References.  Section 5602 is referred to in section 5601 of this title.

35c5603s

§ 5603.  Administration.

(a)  Applications.--An application for a grant under this chapter shall be submitted by an eligible applicant in the form and manner prescribed by the commission.

(b)  Initial application period.--No later than March 1, 2020, the commission shall begin to accept applications from eligible applicants for grant money available during the fiscal year. The commission shall provide notice of the application period on the commission's publicly accessible Internet website.

(c)  Additional application period.--If money is available in the fund, no later than October 1, 2020, and each October 1 thereafter, the commission shall accept applications from eligible applicants during the fiscal year. The commission shall provide notice of a new application period on the commission's publicly accessible Internet website.

(d)  Review process.--The commission shall review applications and make awards subject to subsection (e) on a rolling basis. No later than 90 days after a completed application is received from an eligible applicant, the commission, in consultation with the Governor's Office of Homeland Security and the Pennsylvania State Police, shall review and approve or deny the application. An eligible applicant may revise and resubmit a denied application to the commission.

(e)  Allocation.--An eligible applicant may not receive more than the following amounts in any fiscal year:

(1)  Subject to paragraphs (2), (3) and (4):

(i)  The minimum grant amount awarded shall be no less than $5,000.

(ii)  The maximum grant amount awarded may not be more than $150,000.

(2)  The commission may not require non-State financial participation from an eligible applicant for a grant request that is $25,000 or less.

(3)  The commission may award a grant between $25,001 and $75,000 if the eligible applicant provides non-State financial participation equal to 33% of the requested grant amount.

(4)  The commission may award a grant between $75,001 and $150,000 if the eligible applicant provides non-State financial participation equal to 50% of the requested grant amount.

(f)  Limitations.--The following shall apply to grant applications:

(1)  The commission may not provide grants in excess of the amount in the fund.

(2)  The commission may prorate the grant amount to an eligible applicant.

(g)  Eligible projects.--The commission may only award grants through the fund for eligible projects. Eligible applicants may only expend grant money received through the fund on eligible projects.

(h)  Eligibility for redevelopment assistance capital project.--An eligible project which receives a grant under this chapter may be the subject of an award for a redevelopment assistance capital project under Chapter 3 of the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act. Nothing in this subsection shall be construed to modify the eligibility requirements for redevelopment assistance capital projects under the Capital Facilities Debt Enabling Act.

35c5604s

§ 5604.  Expiration.

This chapter shall expire July 1, 2024.

35c5701h

 

 

CHAPTER 57

COVID-19 DISASTER EMERGENCY

 

Subchapter

A.  Preliminary Provisions

B.  Property Tax Relief

C.  Educational Tax Credit

C.1. School Contractors

D.  Notarial Acts

E.  Local Government Meetings

 

Enactment.  Chapter 57 was added April 20, 2020, P.L.82, No.15, effective immediately.

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

5701.  Definitions.

35c5701s

§ 5701.  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:

"COVID-19 disaster emergency."  The duration of the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020) and any renewal of the state of disaster emergency.

35c5701v

 

Cross References.  Section 5701 is referred to in section 3309 of this title.

35c5711h

 

 

SUBCHAPTER B

PROPERTY TAX RELIEF

 

Sec.

5711.  Scope of subchapter.

5712.  Definitions.

5713.  Real property tax relief.

35c5711s

§ 5711.  Scope of subchapter.

This subchapter provides temporary authority to a taxing district to deal with the taxation of all real property made taxable by the laws of this Commonwealth during the COVID-19 disaster emergency.

35c5712s

§ 5712.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Tax collector."  An individual or entity elected, appointed or otherwise required to collect a tax for a taxing district.

"Taxing district."  Any of the following entities that is authorized under the laws of this Commonwealth to impose a tax on the assessed value of real property:

(1)  City of any class in this Commonwealth.

(2)  County of any class in this Commonwealth.

(3)  Borough, town or township of any class in this Commonwealth.

(4)  Incorporated town.

35c5713s

§ 5713.  Real property tax relief.

(a)  General rule.--Notwithstanding any other law and subject to subsection (b), a taxing district may, by majority vote of the taxing district's governing body, do any of the following for the collection of a tax imposed on the assessed value of real property that would otherwise be due by December 31, 2020:

(1)  Collect the tax at the taxing district's prescribed discount rate, if any, no later than August 31, 2020.

(2)  Waive any fee or penalty otherwise associated with the late payment of the tax if paid in full by December 31, 2020.

(b)  Resolution required.--Any taxing district electing to exercise a power under subsection (a) shall do so by delivering a resolution of the governing body to the tax collector for the taxing district within 30 days of the effective date of this subsection.

35c5721h

 

 

SUBCHAPTER C

EDUCATIONAL TAX CREDIT

 

Sec.

5721.  Waivers and penalties.

35c5721s

§ 5721.  Waivers and penalties.

(a)  Applicability.--This section applies only to the tax years affected by the COVID-19 disaster emergency.

(b)  Requirements.--Notwithstanding any other provision of law, the following shall apply:

(1)  The requirement under section 2004-B(d) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, requiring business firms to make a contribution to a scholarship organization, pre-kindergarten scholarship organization, opportunity scholarship organization or educational improvement organization no later than 60 days following the approval of an application under subsection (a) or (b) of section 2004-B of the Public School Code of 1949 is extended until the end of the business firm's applicable tax year.

(2)  A business firm shall provide proof of its contribution in the form of a written acknowledgment from the scholarship organization, pre-kindergarten scholarship organization, opportunity scholarship organization or educational improvement organization to the Department of Community and Economic Development within 30 days of the contribution made under paragraph (1).

(3)  Business firms fulfilling year two of a two-year commitment that are impacted by the COVID-19 disaster emergency shall be permitted to receive a tax credit of up to 90% of the amount contributed in year two. As part of the COVID-19 disaster emergency, the department is prohibited from reducing the credit authorized in year one of the two-year agreement if the year two contribution is less than the year one contribution for business firms in a two-year commitment.

35c5721.1h

 

 

SUBCHAPTER C.1

SCHOOL CONTRACTORS

 

Sec.

5721.1. Contract service providers.

35c5721.1s

§ 5721.1.  Contract service providers.

(a)  General rule.--Each school entity may renegotiate a contract for contract service providers to ensure contracted personnel and fixed costs, including administrative and equipment, are maintained during the period of school closure. During the period of school closure, the contract service providers shall submit weekly documentation to the school entity that its complement levels remain at or above the level on March 13, 2020, in order to continue being paid.

(b)  Definitions.--As used in this section, the term "school entity" shall have the same meaning as in section 1501.8(n) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

35c5731h

 

 

SUBCHAPTER D

NOTARIAL ACTS

 

Sec.

5731.  Remotely located individual.

35c5731s

§ 5731.  Remotely located individual.

(a)  Authorization.--

(1)  Upon the effective date of this section, the Department of State shall immediately authorize a notary public to conduct notarial acts in the manner authorized by this section, if the notary gives notice to the department as required under subsection (g)(1) and uses a communication and identity proofing technology designated in the department's March 25, 2020, notice of the limited suspension of the requirements of 57 Pa.C.S. § 306 (relating to personal appearance required), or that is designated in a list of additional acceptable technologies subsequently adopted by the department.

(2)  A notary public may use any other technology within 30 days of giving notice as required by subsection (g)(1), unless the department for good cause prohibits the use of the technology for failure to satisfy the requirements of this section or determines that use of the technology should be delayed pending an evaluation of the technology.

(3)  This section shall expire 60 days after termination or expiration of the COVID-19 disaster emergency under section 7301(c) (relating to general authority of Governor).

(b)  General rule.--A remotely located individual may comply with 57 Pa.C.S. § 306 by appearing before a notary public by means of communication technology.

(c)  Use of communication technology.--A notary public located in this Commonwealth may perform a notarial act facilitated by communication technology for a remotely located individual if all of the following apply:

(1)  The notary public:

(i)  has personal knowledge under 57 Pa.C.S. §  307(a) (relating to identification of individual) of the identity of the individual;

(ii)  has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under 57 Pa.C.S. § 307(b) or under this section; or

(iii)  is able to reasonably identify the individual by at least two different types of identity proofing processes or services.

(2)  The notary public is able to reasonably identify a record before the notary public as the same record:

(i)  in which the remotely located individual made the statement; or

(ii)  on which the remotely located individual executed the signature.

(3)  The notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act, including all interactions between the notary public and the remotely located individual.

(4)  If the remotely located individual is located outside the United States, all of the following apply:

(i)  The record:

(A)  is to be filed with or relates to a matter before a court, governmental entity, public official or other entity under the jurisdiction of the United States; or

(B)  involves:

(I)  property located in the territorial jurisdiction of the United States; or

(II)  a transaction substantially connected with the United States.

(ii)  The act of making the statement or signing the record is not prohibited by the foreign state where the remotely located individual is located.

(d)  Notarial certificate.--If a notarial act is subject to this section, the certificate of notarial act required by 57 Pa.C.S. § 315 (relating to certificate of notarial act) and the short form certificate under 57 Pa.C.S. § 316 (relating to short form certificates) must indicate that the notarial act was performed by means of communication technology.

(e)  Sufficiency.--A short form certificate under 57 Pa.C.S. § 316 for a notarial act subject to this section is sufficient if the short form certificate is in the form provided by 57 Pa.C.S. § 316 and contains a statement substantially as follows:

"This notarial act involved the use of communication technology."

(f)  Audio-visual recording.--

(1)  This subsection applies to:

(i)  a notary public;

(ii)  a guardian, a conservator or an agent of a notary public; or

(iii)  a personal representative of a deceased notary public.

(2)  A person under paragraph (1) shall retain the audio-visual recording created under subsection (c)(3) or cause the recording to be retained by a repository designated by or on behalf of the notary public. The person shall retain the recording for at least 10 years after the recording is created.

(g)  Notification.--

(1)  Before a notary public performs the notary public's initial notarial act under this section, the notary public must notify the department that the notary public will be performing notarial acts facilitated by communication technology and identify the technology.

(2)  If the department has established standards for approval of communication technology or identity proofing under 57 Pa.C.S. § 327 (relating to regulations), the communication technology and identity proofing must conform to the standards.

(h)  (Reserved).

(i)  Promotion of uniformity.--Before promulgating, amending or repealing regulations about the performance of a notarial act with respect to a remotely located individual, the department shall consider, if consistent with this subchapter, all of the following:

(1)  The most recent standards regarding the performance of a notarial act with respect to remotely located individuals promulgated by a national standard-setting organization. This paragraph includes the National Association of Secretaries of State.

(2)  Standards, practices and customs of other jurisdictions that enact a statutory provision substantially similar to this section.

(3)  The views of governmental officials and entities and other interested persons.

(j)  Certification of tangible copies.--

(1)  Notwithstanding 57 Pa.C.S. § 304 (relating to authority to perform notarial act), a notarial officer may certify that a tangible copy of an electronic record is a true and correct copy of the electronic record.

(2)  Notwithstanding 57 Pa.C.S. § 320 (relating to notification regarding performance of notarial act on electronic record; selection of technology), a recorder of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirements that the record be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is a true and correct copy of the electronic record.

(k)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Communication technology."  An electronic device or process that:

(1)  allows a notary public located in this Commonwealth  and a remotely located individual to communicate with each other simultaneously by sight and sound; and

(2)  makes reasonable accommodations for an individual with a vision, hearing or speech impairment in accordance with law.

"Department."  The Department of State of the Commonwealth.

"Foreign state."  A jurisdiction other than the United States, a state or a federally recognized Indian tribe.

"Identity proofing."  A process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

"Outside the United States."  A location outside the geographic boundaries of:

(1)  the United States;

(2)  Puerto Rico;

(3)  the Virgin Islands; and

(4)  any territory, insular possession or other location subject to the jurisdiction of the United States.

"Remotely located individual."  An individual who is not in the physical presence of the notary public performing a notarial act under subsection (c).

35c5741h

 

 

SUBCHAPTER E

LOCAL GOVERNMENT MEETINGS

 

Sec.

5741.  Response to COVID-19 disaster emergency.

35c5741s

§ 5741.  Response to COVID-19 disaster emergency.

(a)  Authorization.--An agency, department, authority, commission, board, council, governing body or other entity of a political subdivision included in a declaration of disaster emergency as specified under section 7501(d) (relating to general authority of political subdivisions) may conduct hearings, meetings, proceedings or other business through the use of an authorized telecommunications device until the expiration or termination of the COVID-19 disaster emergency.

(b)  Quorum.--Notwithstanding any other provision of law, a hearing, meeting, proceeding or other business conducted through an authorized telecommunications device under this subsection shall not require the physical presence at a meeting location of a quorum of the participating members if a quorum is otherwise established by the participating members through the authorized telecommunications device.

(c)  Advance notice.--To the extent practicable, an agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall post advance notice of each meeting conducted under subsection (a) on the entity's publicly accessible Internet website, if any, or in an advertisement in a newspaper of general circulation, or both. Public notice shall include the date, time, technology to be used and public participation information as provided under subsection (f).

(d)  Minutes.--The draft minutes of a meeting called under exigent circumstances, without advance notice to the public, to address any issue related to the Governor's disaster emergency declaration related to COVID-19 shall be posted within 20 days after the meeting or before the next regularly scheduled meeting, whichever is earlier.

(e)  Unrelated issue.--An agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall not consider any application, plat, plan, submission, appeal or curative amendment unrelated to the Governor's declaration of disaster emergency related to COVID-19 during a meeting unless notice to the public and interested parties has been provided at least five days prior to the meeting via a post on the entity's publicly accessible Internet website, if any, or in a newspaper of general circulation, or both.

(f)  Public participation.--To the extent practicable, an agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall allow for public participation in a meeting, hearing or proceeding through an authorized telecommunication device or written comments. Written comments may be submitted to the entity's physical address through United States mail or to an e-mail account designated by the entity to receive the comments.

(g)  Action.--For an action required by law in consideration of any application, plat, plan or other submission for an approval or for an action on an appeal or curative amendment, the following shall apply:

(1)  Notwithstanding any provision of law, for an approval, application, plat, plan, submission, appeal or curative amendment received or pending as of the date of or during the Governor's declaration of a disaster emergency related to COVID-19, the number of days provided to satisfy statutory time limits in review, hearing and decision shall be suspended and tolled as of the date of the disaster or emergency declaration or as of the date received if received during the disaster or emergency declaration, and shall resume 30 days after the effective date of this section.

(2)  Notification, in writing, shall be provided to each applicant subject to this section of the disaster or emergency, the time extension under this section and the right to a request as provided under paragraph (3). A failure to receive the notice provided under this section shall not affect the tolling of the number of days provided to satisfy statutory time limits for review, hearing and decisions.

(3)  Within 30 days of the effective date of this section, an applicant may request a meeting, hearing or proceeding as may be required by law, and provisions governing the application, plat, plan, submission, appeal or curative amendment during the period of the disaster or emergency in accordance with this section. The agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall have discretion to proceed with a request under this paragraph.  If a proceeding is authorized, the applicant and each party receiving actual notice of the proceeding shall be deemed to waive any challenge to the proceedings under 65 Pa.C.S. Ch. 7 (relating to open meetings) or any other provision of law that governs the notice, conduct or participation in a meeting or proceeding.

(h)  Applicability.--This section shall apply to the COVID-19 disaster emergency.

(i)  Expiration.--This section shall expire when the COVID-19 disaster emergency terminates or expires under section 7301(c) (relating to general authority of Governor).

(j)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Approval."  As defined in section 2 of the act of July 9, 2013 (P.L.362, No.54), known as the Development Permit Extension Act.

"Authorized telecommunications device."  The term includes any device which permits, at a minimum, audio communication between individuals.

35c57A01h

 

 

CHAPTER 57A

COVID-19 ENFORCEMENT OFFICER DISABILITY BENEFITS

 

Sec.

57A01.  Scope of chapter.

57A02.  Enforcement officer disability benefits.

 

Enactment.  Chapter 57A was added April 29, 2020, P.L.118, No.17, effective immediately.

35c57A01s

§ 57A01.  Scope of chapter.

This chapter relates to enforcement officer disability benefits relating to COVID-19.

35c57A02s

§ 57A02.  Enforcement officer disability benefits.

(a)  General rule.--A person covered under section 1(a) of the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law, who contracts or is diagnosed with coronavirus disease 2019 (COVID-19), as identified in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), or is subject to quarantine resulting from exposure to COVID-19, and by reason thereof is temporarily incapacitated from performing his duties, shall be compensated in accordance with section 1(a) of the Enforcement Officer Disability Benefits Law.

(b)  Limitation.--A benefit received under subsection (a) shall be limited to 60 days for each incident.

35c5801h

 

 

CHAPTER 58

COVID-19 BENEFITS FOR MEMBERS OF

PENNSYLVANIA NATIONAL GUARD

Sec.

5801.  Scope of chapter.

5802.  Benefit.

 

Enactment.  Chapter 58 was added April 29, 2020, P.L.118, No.17, effective immediately.

35c5801s

§ 5801.  Scope of chapter.

This chapter relates to COVID-19 benefits for members of the Pennsylvania National Guard.

35c5802s

§ 5802.  Benefit.

(a)  Benefit.--Notwithstanding any other provision of law, a member of the Pennsylvania National Guard shall receive from the department a benefit computed under subsection (b)(2) if the member:

(1)  is ordered to State Active Duty for Emergency or Special State Duty by the Adjutant General or by the Governor; and

(2)  sustains an injury while participating in duty under paragraph (1) from the period of notification to report for duty until officially released.

(b)  Claim submission, calculation and funding.--

(1)  A member of the Pennsylvania National Guard who sustains an injury and is not compensated for the injury by the Federal Government must submit a claim to receive the benefit as prescribed by the Adjutant General.

(2)  For purposes of computing the average weekly wage of a member of the Pennsylvania National Guard or dependent thereof, weekly wages shall be calculated using the daily base pay table under 37 U.S.C (relating to pay and allowances of the uniformed services) to determine the Pennsylvania National Guard member's daily wage at the time of the injury. The average weekly wage shall equal the member's daily base pay multiplied by five.

(3)  A benefit received under this section shall be limited to 60 days for each incident.

(4)  The General Assembly shall appropriate the money necessary to be deposited into a nonlapsing restricted interest-bearing account to provide for the benefit established in subsection (a).

(c)  No Commonwealth employee status.--In no event shall any member of the Pennsylvania National Guard while performing the activities described in subsection (a) be deemed an employee of the Commonwealth for any purpose or benefit. Nothing in this section shall be construed to entitle a member of the Pennsylvania National Guard to any benefit or emolument provided to an employee of the Commonwealth.

(d)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Department."  The Department of Military and Veterans Affairs of the Commonwealth.

"Injury."  Contracts or is diagnosed with coronavirus disease 2019, known as COVID-19, as identified in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), or is subject to quarantine resulting from exposure to COVID-19, and, by reason of the exposure, is temporarily incapacitated from performing duties.

"Participating."  The term includes activities ordered by the Adjutant General or by the Governor, such as training, an exercise or related official functions.

"Special State Duty."  State military duty by the Pennsylvania National Guard under this section. The term shall not include State Active Duty for Emergency under this section or duty authorized and funded under 10 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to national guard).

"State Active Duty for Emergency."  State military duty by the Pennsylvania National Guard under 51 Pa.C.S. § 508 (relating to active duty for emergency) that is not active duty authorized and funded under 10 U.S.C. or 32 U.S.C.

35c7101h

 

 

PART V

EMERGENCY MANAGEMENT SERVICES

 

Chapter

71.  General Provisions

73.  Commonwealth Services

74.  Volunteer Firefighters

75.  Local Organizations and Services

75A.  Emergency Responder Mental Wellness and Stress Management

76.  Emergency Management Assistance Compact

77.  Miscellaneous Provisions

78.  Grants to Fire Companies and Emergency Medical Services Companies

79A.  Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies

 

Enactment.  Part V was added November 26, 1978, P.L.1332, No.323, effective immediately.

 

 

CHAPTER 71

GENERAL PROVISIONS

 

Subchapter

A.  Preliminary Provisions

B.  Interstate Civil Defense and Disaster Compact

 

Enactment.  Chapter 71 was added November 26, 1978, P.L.1332, No.323, effective immediately.

Cross References.  Chapter 71 is referred to in section 8104 of this title.

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

7101.  Short title of part.

7102.  Definitions.

7103.  Purposes of part.

7104.  Limitations.

35c7101s

§ 7101.  Short title of part.

This part shall be known and may be cited as the "Emergency Management Services Code."

35c7102s

§ 7102.  Definitions.

The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Agency."  The Pennsylvania Emergency Management Agency.

"Council."  The Pennsylvania Emergency Management Council.

"Custodial child care facility."  A child day care center as defined under section 1001 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or nursery school licensed or regulated by the Commonwealth.

"Disaster."  A man-made disaster, natural disaster or war-caused disaster.

"Disaster emergency."  Those conditions which may by investigation made, be found, actually or likely, to:

(1)  affect seriously the safety, health or welfare of a substantial number of citizens of this Commonwealth or preclude the operation or use of essential public facilities;

(2)  be of such magnitude or severity as to render essential State supplementation of county and local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced; and

(3)  have been caused by forces beyond the control of man, by reason of civil disorder, riot or disturbance, or by factors not foreseen and not known to exist when appropriation bills were enacted.

"Disaster emergency-related work."  The repair, renovation, installation, construction or rendering of services or other business activities that relate to infrastructure that has been damaged, impaired or destroyed by a disaster.

"Emergency management."  The judicious planning, assignment and coordination of all available resources in an integrated program of prevention, mitigation, preparedness, response and recovery for emergencies of any kind, whether from attack, man-made or natural sources.

"Emergency services."  The preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and provide emergency repair of injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of those functions. The functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, disaster warning services, communications, radiological, shelter, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resources management, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection.

"Infrastructure."  Real and personal property and equipment that is owned or used by any of the following that service multiple customers or citizens:

(1)  A communications network.

(2)  An electric generation, transmission and distribution system.

(3)  A gas distribution system that provides the facilities and equipment for producing, generating, transmitting, distributing or the furnishing of gas directly to the end customer.

(4)  A public or private water pipeline.

"Local emergency."  The condition declared by the local governing body when in their judgment the threat or actual occurrence of a disaster is or threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby. A local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor, upon petition of the local governing body, when he deems the threat or actual occurrence of a disaster to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby.

"Local organization."  A local emergency management organization.

"Man-made disaster."  Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from man-made causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life.

"Natural disaster."  Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.

"Out-of-State business."  A business entity whose services are requested by a registered business, the Commonwealth or a political subdivision of the Commonwealth for purposes of performing disaster emergency-related work in this Commonwealth. The term includes a business entity that is affiliated with a registered business in this Commonwealth solely through common ownership. The out-of-State business may not have any of the following:

(1)  A presence in this Commonwealth, excluding prior disaster emergency-related work performed under section 7308(b)(1) (relating to laws suspended during emergency assignments).

(2)  Any registration, tax filing or nexus in this Commonwealth within the past three calendar years.

"Out-of-State employee."  An employee who does not work in this Commonwealth, unless the employee is performing disaster emergency-related work during a period under section 7308(b)(1).

"Person."  An individual, corporation, association, partnership, limited liability company, business trust, government entity, including the Commonwealth, foundation, public utility, trust or estate.

"Political subdivision."  Any county, city, borough, incorporated town or township.

"Registered business."  Any business entity that is registered to do business in this Commonwealth prior to a declared disaster or emergency.

"Resource shortage."  The absence, unavailability or reduced supply of any raw or processed natural resource, or any commodities, goods or services of any kind which bear a substantial relationship to the health, safety, welfare and economic well-being of the citizens of this Commonwealth.

"War-caused disaster."  Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire, nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other conditions such as sabotage.

35c7102v

(May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days; Oct. 31, 2014, P.L.3044, No.203, eff. 60 days; July 23, 2020, P.L.670, No.69, eff. imd.)

 

2020 Amendment.  Act 69 amended the def. of "person."

2014 Amendment.  Act 203 added the defs. of "disaster emergency-related work," "infrastructure," "out-of-State business," "out-of-State employee" and "registered business." Section 3 of Act 203 provided that the additions of the defs. shall apply to a disaster or emergency that is declared on or after the effective date of section 3.

2004 Amendment.  Act 73 added the def. of "custodial child care facility."

1996 Amendment.  Act 2, 2nd Sp.Sess., added the def. of "person."

References in Text.  The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in the definition of "custodial child care facility," was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.

Cross References.  Section 7102 is referred to in section 2302 of Title 12 (Commerce and Trade).

35c7103s

§ 7103.  Purposes of part.

The purposes of this part are to:

(1)  Reduce vulnerability of people and communities of this Commonwealth to damage, injury and loss of life and property resulting from disasters.

(2)  Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster.

(3)  Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters.

(4)  Clarify and strengthen the roles of the Governor, Commonwealth agencies and local government in prevention of, preparation for, response to and recovery from disasters.

(5)  Authorize and provide for cooperation in disaster prevention, preparedness, response and recovery.

(6)  Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response and recovery by agencies and officers of this Commonwealth, and similar State-local and Federal-State activities in which the Commonwealth and its political subdivisions participate.

(7)  Provide a disaster management system embodying all aspects of predisaster preparedness and postdisaster response.

(8)  Assist in prevention of disaster caused or aggravated by inadequate planning for and regulation of public and private facilities and land use.

(9)  Supplement, without in any way limiting, authority conferred by previous statutes of this Commonwealth and increase the capability of the Commonwealth and local agencies having responsibilities for civil defense to perform both civil defense and disaster services.

(10)  Further the operational capacities of Commonwealth agencies to deal with disaster situations.

(11)  Further programs of education and training.

(12)  Establish integrated communications capabilities and warning systems.

35c7104s

§ 7104.  Limitations.

This part is not intended to:

(1)  Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this part or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.

(2)  Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States or of any personnel thereof when on active duty except that Commonwealth and local disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies.

(3)  Limit, modify or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution, statutes or common law of this Commonwealth independent of, or in conjunction with, any provisions of this part.

35c7111h

 

 

SUBCHAPTER B

INTERSTATE CIVIL DEFENSE AND

DISASTER COMPACT

 

Sec.

7111.  Interstate civil defense and disaster compact enacted.

35c7111s

§ 7111.  Interstate civil defense and disaster compact enacted.

The Interstate Civil Defense and Disaster Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

 

Article 1

 

The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise), including sabotage and subversive acts and direct attacks by bombs, shellfire and atomic, radiological, chemical, bacteriological means and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the States that are parties hereto. The directors of civil defense of all party States shall constitute a committee to formulate plans and to take all necessary steps for the implementation of this compact.

 

Article 2

 

It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs, the party States shall, so far as possible, provide and follow uniform standards, practices and rules and regulations including:

(a)  Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services.

(b)  Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces, and other tests and exercises.

(c)  Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith.

(d)  The effective screening or extinguishing of all lights and lighting devices and appliances.

(e)  Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services.

(f)  All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State.

(g)  The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic prior, during and subsequent to drills or attacks.

(h)  The safety of public meetings or gatherings.

(i)  Mobile support units.

 

Article 3

 

Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof: Provided, That it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest, unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.

 

Article 4

 

Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.

 

Article 5

 

No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith.

 

Article 6

 

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend but shall not be limited to provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

 

Article 7

 

Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact in the same manner and on the same terms as if the injury or death were sustained within such State.

 

Article 8

 

Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to or expense incurred in the operation of any equipment answering a request for aid and for the cost incurred in connection with such requests: Provided, That any aiding party State may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost: And, provided further, That any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.

 

Article 9

 

Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas, or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.

 

Article 10

 

This compact shall be available to any State, territory or possession of the United States and the District of Columbia. The term "State" may also include any neighboring foreign country or province or state thereof.

 

Article 11

 

The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact and representatives of such agency of the United States Government may attend meetings of such committee.

 

Article 12

 

This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying, and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.

 

Article 13

 

This compact shall continue in force and remain binding on each party State until the Legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.

 

Article 14

 

This compact shall be construed to effectuate the purposes stated in Article 1. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

35c7301h

 

 

CHAPTER 73

COMMONWEALTH SERVICES

 

Subchapter

A.  The Governor and Disaster Emergencies

B.  Pennsylvania Emergency Management Agency

C.  Intrastate Mutual Aid

D.  State Firemen's Training School

E.  Fire and Emergency Medical Services Loan Program

F.  State Fire Commissioner

 

Enactment.  Chapter 73 was added November 26, 1978, P.L.1332, No.323, effective immediately, unless otherwise noted.

Cross References.  Chapter 73 is referred to in section 6107 of Title 18 (Crimes and Offenses).

 

 

SUBCHAPTER A

THE GOVERNOR AND DISASTER EMERGENCIES

 

Sec.

7301.  General authority of Governor.

7302.  Temporary housing.

7303.  Debris and wreckage removal.

7304.  Community disaster loans.

7305.  Individual and family assistance.

7305.1. Grants for hazard mitigation.

7306.  Appropriation of Federal funds.

7307.  Use and appropriation of unused Commonwealth funds (Repealed).

7308.  Laws suspended during emergency assignments.

35c7301s

§ 7301.  General authority of Governor.

(a)  Responsibility to meet disasters.--The Governor is responsible for meeting the dangers to this Commonwealth and people presented by disasters.

(b)  Executive orders, proclamations and regulations.--Under this part, the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law.

(c)  Declaration of disaster emergency.--A disaster emergency shall be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency shall continue until the Governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than 90 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened and the conditions which have brought the disaster about or which make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, shall be promptly filed with the Pennsylvania Emergency Management Agency and the Legislative Reference Bureau for publication under Part II of Title 45 (relating to publication and effectiveness of Commonwealth documents).

(d)  Activation of disaster response.--An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the Commonwealth and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment and materials and facilities assembled, stockpiled or arranged to be made available pursuant to this part or any other provision of law relating to disaster emergencies.

(e)  Commander in chief of military forces.--During the continuance of any state of disaster emergency, the Governor is commander in chief of the Pennsylvania military forces. To the greatest extent practicable, the Governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but this does not restrict the authority of the Governor to do so by orders issued at the time of the disaster emergency.

(f)  Additional powers.--In addition to any other powers conferred upon the Governor by law, the Governor may:

(1)  Suspend the provisions of any regulatory statute prescribing the procedures for conduct of Commonwealth business, or the orders, rules or regulations of any Commonwealth agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency.

(2)  Utilize all available resources of the Commonwealth Government and each political subdivision of this Commonwealth as reasonably necessary to cope with the disaster emergency.

(3)  Transfer the direction, personnel or functions of Commonwealth agencies or units thereof for the purpose of performing or facilitating emergency services.

(4)  Subject to any applicable requirements for compensation under section 7313(10) (relating to powers and duties), commandeer or utilize any private, public or quasi-public property if necessary to cope with the disaster emergency.

(5)  Direct and compel the evacuation of all or part of the population from any stricken or threatened area within this Commonwealth if this action is necessary for the preservation of life or other disaster mitigation, response or recovery.

(6)  Prescribe routes, modes of transportation and destinations in connection with evacuation.

(7)  Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.

(8)  Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.

(9)  Confer the power of arrest on the law enforcement personnel serving as part of the emergency forces of a party state during operations in this Commonwealth pursuant to a declaration of a disaster emergency under subsection (c). Law enforcement personnel shall be under the operational control of the Commissioner of Pennsylvania State Police and shall comply with the terms and conditions of the Emergency Management Assistance Compact under Chapter 76 (relating to Emergency Management Assistance Compact). Arrest powers granted under this paragraph shall expire when the declaration of a disaster emergency is terminated by executive order, proclamation or operation of law, if the arrest powers have not previously been terminated.

35c7301v

(July 13, 1988, P.L.501, No.87, eff. imd.; Oct. 27, 2014, P.L.2899, No.187, eff. imd.)

 

2014 Amendment.  Act 187 added subsec. (f)(9).

1988 Amendment.  Act 87 amended subsec. (f)(4).

Cross References.  Section 7301 is referred to in sections 3309, 5731, 5741, 7705, 7903 of this title; section 2306 of Title 12 (Commerce and Trade); section 1306 of Title 23 (Domestic Relations); sections 8704, 8852 of Title 53 (Municipalities Generally); section 2607 of Title 66 (Public Utilities); section 1119 of Title 75 (Vehicles).

35c7302s

§ 7302.  Temporary housing.

(a)  Authority of Governor.--Whenever the Governor has proclaimed a disaster emergency under this part, or the President has declared an emergency or a major disaster to exist in this Commonwealth, the Governor is authorized:

(1)  To enter into purchase, lease or other arrangements with any Federal agency for temporary housing units to be occupied by disaster victims and to make the units available to any political subdivision of this Commonwealth named as a party to the emergency or disaster declaration.

(2)  To assist any political subdivision of this Commonwealth which is the locus of temporary housing for disaster victims to acquire sites necessary for such temporary housing and to do all things required to prepare such sites to receive and utilize temporary housing units by:

(i)  advancing or lending funds available to the Governor from any appropriation made by the General Assembly or from any other source;

(ii)  "passing through" funds made available by any agency, public or private; or

(iii)  becoming a copartner with the political subdivision for the execution and performance of any temporary housing for disaster victims project;

and for such purposes to pledge the credit of the Commonwealth on such terms as the Governor deems appropriate having due regard for current debt transactions of the Commonwealth.

(3)  Under such regulations as the Governor shall prescribe, to temporarily suspend or modify for not to exceed 60 days any public health, safety, zoning, transportation (within or across this Commonwealth) or other requirement of statute or regulation within this Commonwealth when by proclamation the Governor deems the suspension or modification essential to provide temporary housing for disaster victims.

(b)  Acquisition of sites by political subdivisions.--Any political subdivision of this Commonwealth is expressly authorized to acquire, temporarily or permanently, by purchase, lease or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements which are necessary to prepare or equip the sites to utilize the housing units.

(c)  Construction of section.--This section does not limit the authority of the Governor to apply for, administer and expend any grants, gifts or payments in aid of disaster prevention, preparedness, response or recovery.

(d)  Definitions.--As used in this section, "major disaster" and "emergency" shall have the same meanings as defined or used in The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).

35c7302v

(May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.)

 

1996 Amendment.  Act 2, 2nd Sp.Sess., amended subsec. (d).

Cross References.  Section 7302 is referred to in section 7306 of this title.

35c7303s

§ 7303.  Debris and wreckage removal.

(a)  Authority of Governor.--Whenever the Governor has declared a disaster emergency to exist under this part, or the President, at the request of the Governor, has declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

(1)  Notwithstanding any other provision of law, through the use of Commonwealth agencies or instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property.

(2)  To accept funds from the Federal Government and utilize the funds to make grants or to reimburse any political subdivision for the purpose of removing debris or wreckage from publicly or privately owned land or water.

(b)  Authority of Commonwealth personnel.--Whenever the Governor provides for clearance of debris or wreckage pursuant to subsection (a), employees of the designated Commonwealth agencies or individuals appointed by the Commonwealth are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.

(c)  Nonliability of Commonwealth personnel.--Except in cases of willful misconduct, gross negligence or bad faith, any Commonwealth employee or agent complying with and performing duties pursuant to orders of the Governor under this section shall not be liable for death of or injury to persons or damage to property.

35c7303v

 

Cross References.  Section 7303 is referred to in section 7306 of this title.

35c7304s

§ 7304.  Community disaster loans.

Whenever, at the request of the Governor, the President has declared a major disaster to exist in this Commonwealth, the Governor is authorized:

(1)  Upon determining that a political subdivision of this Commonwealth will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the Federal Government, on behalf of the political subdivision, for a loan and to receive and disburse the proceeds of any approved loan to any applicant political subdivision.

(2)  To determine the amount needed by any applicant political subdivision to restore or resume its governmental functions and to certify the amount to the Federal Government. No application amount shall exceed 25% of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs.

(3)  After review, recommend to the Federal Government the cancellation of all or any part of repayment when, in the first three full fiscal-year periods following the major disaster, the revenues of the political subdivision are insufficient to meet its operating expenses including additional disaster-related expenses of a municipal operation character.

35c7304v

 

Cross References.  Section 7304 is referred to in section 7306 of this title.

35c7305s

§ 7305.  Individual and family assistance.

(a)  Grants by Federal Government.--Whenever the President, at the request of the Governor, has declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

(1)  Upon determining that assistance under The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), and from other means is insufficient to meet the disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster, to accept a grant from the Federal Government for the purpose of meeting the expenses or needs of disaster victims, subject to any terms and conditions imposed upon the grant.

(2)  To enter into an agreement with the Federal Government or any Federal agency or officer pledging the Commonwealth to participate in the funding of the assistance authorized in paragraph (1) and, if Commonwealth funds are not otherwise available to the Governor, to accept an advance of the Commonwealth share from the Federal Government to be repaid when the Commonwealth is able to do so.

(b)  Grants by Governor.--To implement subsection (a), the Governor is authorized to make grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster declared by the President. Any grant shall not exceed the amount authorized by The Robert T. Stafford Disaster Relief and Emergency Assistance Act or by applicable State law to an individual or family in any single major disaster.

(c)  Penalty for false application.--Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for assistance under this section shall be guilty of a misdemeanor of the third degree.

35c7305v

(May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.)

35c7305.1s

§ 7305.1.  Grants for hazard mitigation.

(a)  Commonwealth participation in hazard mitigation funding; agreements.--Whenever the President authorizes the contribution of up to 75% of the cost of hazard mitigation measures to reduce the risk of future damage, hardship, loss or suffering in any area affected by a major disaster pursuant to The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143), the Governor is authorized, subject to the availability of appropriated funds, to enter into an agreement with the Federal Government or any Federal agency or officer pledging the Commonwealth to participate in the funding of the mitigation project.

(b)  Special Session disaster relief acts.--Projects which are itemized under Chapter 3 of the act of July 11, 1996 (2nd Sp.Sess., P.L.1791, No.8), known as the Special Session Flood Control and Hazard Mitigation Itemization Act of 1996, and the act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as the Special Session Flood Relief Act, are deemed to be hazard mitigation projects for the purposes of hazard mitigation funding to the extent that such projects qualify under The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143).

35c7305.1v

(July 11, 1996, 2nd Sp.Sess., P.L.1776, No.5, eff. imd.)

 

1996 Amendment.  Act 5, 2nd Sp.Sess., added section 7305.1.

35c7306s

§ 7306.  Appropriation of Federal funds.

All moneys received from the Federal Government for the purpose of disaster assistance or relief, including assistance as specified under sections 7302 (relating to temporary housing), 7303 (relating to debris and wreckage removal) and 7304 (relating to community disaster loans), shall be paid into the General Fund.

35c7307s

§ 7307.  Use and appropriation of unused Commonwealth funds (Repealed).

35c7307v

 

2007 Repeal.  Section 7307 was repealed July 17, 2007, P.L.141, No.42, effective immediately.

35c7308s

§ 7308.  Laws suspended during emergency assignments.

(a)  Commonwealth agencies.--In the case of a declaration of a state of emergency by the Governor, Commonwealth agencies may implement their emergency assignments without regard to procedures required by other laws (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials and expenditures of public funds.

(b)  Out-of-State business or employee.--Notwithstanding any other law to the contrary, if the Governor has declared a disaster emergency to exist under this part or the President has declared a major disaster or emergency to exist in this Commonwealth, the following shall apply:

(1)  An out-of-State business that conducts operations within this Commonwealth for purposes of performing disaster emergency-related work for a period of not more than ten days before or not more than 60 calendar days after the end of the declared disaster emergency period may not be considered to have established a level of presence that would require that business to register, file and remit State or local taxes or that would require the out-of-State business or an out-of-State employee to be subject to any licensing or registration requirements of the Commonwealth, provided that the out-of-State business is in substantial compliance with all applicable regulatory and licensing requirements in its state of domicile, including any of the following:

(i)  State or local business licensing or registration requirements.

(ii)  Pennsylvania Public Utility Commission or regulatory requirements.

(iii)  State and local taxes and fees, such as unemployment insurance, sales and use tax or property tax on equipment brought into this Commonwealth on a temporary basis used during the disaster emergency and subsequently removed from this Commonwealth, State or local occupational licensing fees or local services taxes.

(iv)  A State or local tax on or measured by, in whole or in part, net or gross income or receipts. The activity of the out-of-State business that is conducted in this Commonwealth under this title shall be disregarded with respect to a filing requirement for the tax, including the filing required, if any, for a unitary or combined group of which the out-of-State business may be a part. For the purpose of apportioning income, revenue or receipts, the performance of work in accordance with this section by an out-of-State business may not be sourced to or otherwise impact or increase the amount of income, revenue or receipts apportioned to the Commonwealth.

(2)  The period under paragraph (1) may be extended by the Governor for a period of not more than 30 days for each declared disaster emergency.

(3)  An out-of-State employee shall not be considered to have established residency or presence in this Commonwealth that would require the individual or the individual's employer to file and pay income taxes, to be subjected to income tax withholding or to file and pay any other State or local tax or fee for disaster emergency-related work performed during the disaster period designated under paragraphs (1) and (2), including any related State or local employer withholding or remittance obligations.

(c)  Liability exemption.--Nothing in this section shall be construed to relieve an entity or individual from a liability not explicitly exempted under this section, including, but not limited to, damages associated with an act of negligence.

(d)  Transaction taxes and fees.--An out-of-State business and out-of-State employee shall be required to pay transaction taxes and fees, including but not limited to, fuel taxes or sales and use tax on materials or services consumed or used in this Commonwealth subject to sales and use tax, hotel taxes or car rental taxes or fees that the out-of-State business or out-of-State employee purchases for use or consumption in this Commonwealth during the period not more than ten days before or not more than 60 calendar days after the end of the declared disaster emergency unless the taxes or fees are otherwise exempted.

35c7308v

(Oct. 31, 2014, P.L.3044, No.203, eff. 60 days)

 

2014 Amendment.  Section 3 of Act 203 provided that the amendment shall apply to a disaster or emergency that is declared on or after the effective date of section 3.

Cross References.  Section 7308 is referred to in section 7102 of this title.

35c7311h

 

 

SUBCHAPTER B

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY

 

Sec.

7311.  Creation.

7312.  Organization.

7313.  Powers and duties.

7314.  Utilization of existing services and facilities.

7315.  Pennsylvania State Fire Commissioner (Repealed).

7316.  Pennsylvania State Fire Academy (Repealed).

7317.  Pennsylvania Volunteer Loan Assistance Program (Repealed).

7318.  Fire Safety Advisory Committee (Repealed).

7319.  Appropriations (Repealed).

7320.  Radiological emergency response preparedness, planning and recovery program.

7321.  Unconventional well 911 emergency response information.

 

Termination of Agency.  The Pennsylvania Emergency Management Agency is subject to periodic review under the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act, and will terminate on the date specified in that act unless reestablished or continued by the General Assembly. The Pennsylvania Emergency Management Agency was reestablished by the act of July 13, 1988 (P.L.501, No.87), until December 31, 1997. The termination date of December 31, 1997, is probably not effective since the Sunset Act expired December 22, 1991.

35c7311s

§ 7311.  Creation.

To assure prompt, proper and effective discharge of basic Commonwealth responsibilities relating to civil defense and disaster preparedness, operations and recovery, there is hereby formally created the Pennsylvania Emergency Management Agency.

35c7311v

 

State Council of Civil Defense.  See section 2 of Act 323 of 1978 in the appendix to this title for special provisions relating to the transfer to the Pennsylvania Emergency Management Agency of personnel, appropriations, equipment, etc., of the State Council of Civil Defense.

35c7312s

§ 7312.  Organization.

This agency shall consist of and be organized substantially as follows:

(a)  Council.--Primary responsibility for overall policy and direction of a Statewide civil defense and disaster program and response capability of the type hereinafter prescribed shall be vested in a body legally known as the Pennsylvania Emergency Management Council, which shall be composed of: the Governor, Lieutenant Governor, Adjutant General, Secretary of Health, Attorney General, General Counsel, Secretary of Community Affairs, Secretary of Environmental Protection, Secretary of Transportation, Secretary of Agriculture, Secretary of Public Welfare, Commissioner of the Pennsylvania State Police, Chairman of the Public Utility Commission, State Fire Commissioner, Speaker of the House of Representatives, President pro tempore of the Senate, Minority Leader of the Senate and Minority Leader of the House of Representatives. The Speaker of the House of Representatives, President pro tempore of the Senate, Minority Leader of the Senate and Minority Leader of the House of Representatives may authorize a member of their respective Houses of the General Assembly to serve in their stead. The Governor may authorize up to two representatives of business and industry, up to two representatives of labor, up to two public members at large and one representative respectively of the Pennsylvania State Association of County Commissioners, the Pennsylvania State Association of Township Commissioners, the Pennsylvania State Association of Township Supervisors, the Pennsylvania League of Cities and the Pennsylvania State Association of Boroughs to be nonvoting members of the council. The Governor may designate a member to serve as chairman. Five members shall constitute a quorum.

(b)  Compensation and expenses.--The members shall serve without compensation, but may be reimbursed for their actual and necessary traveling and other expenses incurred in connection with attendance at meetings.

(c)  Regular meetings.--For the conduct of routine business, including particularly the consideration of matters of basic policy, the council shall meet at the call of the chairman and at least three times during each calendar year.

(d)  Emergency meetings.--In the event of attack or disaster situations determined actually or likely to be of such nature, magnitude, severity or duration as to necessitate extensive or extraordinary deployment and use of Commonwealth resources for emergency purposes, the chairman shall, within not more than 72 hours immediately following such determination, call the council into emergency session, for consideration of actions taken or to be taken. In the absence of the chairman, notice of such meetings shall be disseminated to the membership by the State director.

(e)  State director.--To supervise the work and activities comprising the State Civil Defense and Disaster Program, the Governor shall appoint an individual to act, on a full-time basis, as director of the agency. The director shall perform all such fiscal, planning, administrative, operational and other duties as may be assigned to him by the council and shall act as the chairman's principal assistant in civil defense and disaster matters. The director or the director's designee is also the State coordinating officer responsible to coordinate and supervise the Commonwealth and local disaster response effort following a presidential declaration of an emergency or a major disaster.

(f)  Staff.--The council shall, within the limitations of appropriations made to the agency, arrange for the employment of such professional, technical, administrative and other staff personnel as may be deemed essential to the development and maintenance of a Statewide civil defense and disaster plan and program of the type hereinafter prescribed. All such personnel shall be employed and subject to pertinent provisions of the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," and the Commonwealth Compensation Plan.

(g)  Office space, equipment and services.--The agency shall be furnished necessary and appropriate office space, furniture, equipment, supplies and services in the same general manner as are other Commonwealth departments and agencies.

(h)  Emergency communications.--The agency shall maintain an integrated communications capability designed to provide to all areas and counties weather advisories, river forecasts, warnings, and direction and control of all emergency preparedness functions within the Commonwealth. The agency shall coordinate the Commonwealth's emergency communication systems, sharing of information and weather emergency notification among the National Weather Service, contiguous State emergency management offices, local coordinators of emergency management, the Pennsylvania State Police, local police departments, private relief associations and other appropriate organizations. Additionally, the agency shall establish the sole Statewide telephone number that persons, including county and municipal emergency management personnel, may use to report incidences of radioactive and hazardous materials and other disaster emergencies.

(i)  Administrative provisions.--Except as otherwise provided in this part, the agency shall be subject to the provisions of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."

35c7312v

(July 13, 1988, P.L.501, No.87, eff. imd.; Nov. 13, 1995, P.L.609, No.62, eff. 60 days)

 

1995 Amendment.  Act 62 amended subsec. (a).

1988 Amendment.  Act 87 amended subsecs. (a), (d), (e) and (h). See section 9 of Act 87 in the appendix to this title for special provisions relating to continuation of State Director.

References in Text.  The Secretary of Community Affairs, referred to in subsec. (a), was abolished by Act 58 of 1996 and the functions were transferred to the Secretary of Community and Economic Development.

The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.

Cross References.  Section 7312 is referred to in section 2103 of Title 71 (State Government).

35c7313s

§ 7313.  Powers and duties.

The agency shall have the following powers and duties:

(1)  To prepare, maintain and keep current a Pennsylvania Emergency Management Plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery. The plan may include provisions for:

(i)  Preparedness standards established by the Federal Emergency Management Agency.

(ii)  Commonwealth and local disaster emergency management responsibilities.

(iii)  Assistance to Commonwealth agencies, local government officials, schools and custodial child care facilities in designing emergency management plans and training programs.

(iv)  Organization of manpower, chains of command, continuity of government in emergency situations and emergency operational principles.

(v)  Coordination of Federal, Commonwealth and local disaster emergency management activities.

(vi)  Coordination of the Commonwealth Emergency Management Plan with the disaster plans of the Federal Government and those of other states.

(vii)  Assistance to the Commonwealth and local governments in obtaining, utilizing and managing Federal and Commonwealth disaster assistance.

(viii)  Supply to appropriate Commonwealth and local officials State catalogs of Federal, Commonwealth and private assistance programs.

(ix)  Identification of areas particularly vulnerable to disasters.

(x)  Recommendations for zoning, building and other land-use controls; safety measures pertaining to nonpermanent or semipermanent structures; resource conservation and allocation; and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact.

(xi)  Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage or loss from flood, conflagration or other disaster.

(2)  To establish, equip and staff a Commonwealth and area emergency operations center with a consolidated Statewide system of warning and provide a system of disaster communications integrated with those of Federal, Commonwealth and local agencies involved in disaster emergency operations.

(3)  To promulgate, adopt and enforce such rules, regulations and orders as may be deemed necessary to carry out the provisions of this part.

(4)  To provide technical advice and assistance to Commonwealth agencies, political subdivisions, schools and custodial child care facilities in the preparation of disaster emergency management plans or components thereof and to periodically review such plans and suggest or require revisions.

(5)  To establish and operate or assist political subdivisions in establishing and operating training programs and programs of public information.

(6)  To supply appropriate Commonwealth and local agencies and officials and the general public with precautionary notices, watches and warnings relating to actual and potential disasters and to provide a flow of official information and instructions to the general public through all means available before, during and after an emergency. The agency shall implement a program of integrated flood warning systems among political subdivisions. The agency shall establish coordinated flood notification and early warning systems along prescribed major river basins and selected tributaries thereof in this Commonwealth.

(7)  To provide emergency direction and control of Commonwealth and local emergency operations.

(8)  To determine the need for, maintain information regarding and procure materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.

(9)  To make or request of Commonwealth or local agencies and officials, studies, surveys and reports as are necessary to carry out the purposes of this part.

(10)  To plan and make arrangements for the availability and use of any private facilities, services and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon.

(11)  To prepare, for issuance by the Governor, executive orders, proclamations and regulations as necessary or appropriate in coping with disasters.

(12)  To cooperate with the Federal Government and any public or private agency or entity in achieving any purpose of this part and in implementing programs for disaster prevention, preparation, response and recovery.

(13)  To administer grant programs to political subdivisions for disaster management.

(14)  To accept and coordinate assistance provided by Federal agencies in major disasters or emergencies in accordance with the provisions of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or reenactment thereof.

(15)  To respond to disaster relating to atomic energy operations or radioactive objects or materials. Any such action taken and any regulations adopted by the office shall be inapplicable to any objects or materials possessing a radiation-producing capacity less than that set forth as the maximum safety limit by the standards endorsed and as may be subsequently endorsed by the United States Nuclear Regulatory Commission for the protection of life and property and the maintenance of health and safety.

(16)  To take other action necessary, incidental or appropriate for the implementation of this part.

(17)  To report annually to the General Assembly the state of preparedness of the Commonwealth to deal with attack or disaster and those significant events occurring within the past year.

(18)  To recommend to the Governor legislation or other actions as deemed necessary in connection with the purposes of this part.

(19)  To provide, from its own stockpiles or other sources, emergency operational equipment, materials and supplies required and available for essential supplementation of those owned, acquired and used by Commonwealth, county and local departments and agencies for attack and disaster operations. The agency shall establish two regional emergency supply warehouses. One shall be located in the western part of this Commonwealth, and one shall be located in the eastern part of this Commonwealth.

(20)  For the period during which an emergency is declared by the Governor, to incur obligations for or purchase such materials and supplies as may be necessary to combat a disaster, protect the health and safety of persons and property and provide emergency assistance to victims of a disaster without complying with formal bidding or other time-consuming contract procedures.

(21)  To require hydroelectric generating facilities and dam operators to do all of the following:

(i)  Provide minimum competency testing for their operators.

(ii)  Submit plans for flood notification and warning.

35c7313v

(July 13, 1988, P.L.501, No.87, eff. imd.; May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days)

 

2004 Amendment.  Act 73 amended pars. (1)(iii) and (4).

1996 Amendment.  Act 2, 2nd Sp.Sess., amended par. (14).

1988 Amendment.  Act 87 amended pars. (6), (19) and (20) and added par. (21).

Cross References.  Section 7313 is referred to in sections 7301, 7320, 7503 of this title.

35c7314s

§ 7314.  Utilization of existing services and facilities.

In order to avoid duplication of services and facilities, the agency shall utilize the services and facilities of existing officers, offices, departments, commissions, boards, bureaus, institutions and other agencies of the Commonwealth and of the political subdivisions thereof. These officers and agencies shall cooperate with and extend their services and facilities to the agency as requested.

35c7315s

§ 7315.  Pennsylvania State Fire Commissioner (Repealed).

35c7315v

 

1995 Repeal.  Section 7315 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7316s

§ 7316.  Pennsylvania State Fire Academy (Repealed).

35c7316v

 

1995 Repeal.  Section 7316 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7317s

§ 7317.  Pennsylvania Volunteer Loan Assistance Program (Repealed).

35c7317v

 

1995 Repeal.  Section 7317 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7318s

§ 7318.  Fire Safety Advisory Committee (Repealed).

35c7318v

 

1995 Repeal.  Section 7318 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7319s

§ 7319.  Appropriations (Repealed).

35c7319v

 

1995 Repeal.  Section 7319 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7320s

§ 7320.  Radiological emergency response preparedness, planning and recovery program.

(a)  Establishment of program.--In addition to the powers and duties of the agency set forth in section 7313 (relating to powers and duties), the agency shall develop, establish and maintain a radiological emergency response preparedness, planning and recovery program consistent with the Commonwealth's Emergency Management Plan and in accordance with other applicable Federal regulations and State laws for each nuclear generating facility that has received an operating license from the Nuclear Regulatory Commission.

(b)  Agency functions.--The specific functions of the agency under the radiological emergency response preparedness, planning and recovery program shall include, but not be limited to:

(1)  Serving as the point of contact for interface between the affected facilities and other Commonwealth agencies and departments, counties, municipalities and school districts.

(2)  Annual review and revision, as necessary, of the risk and support county radiological emergency response plans to ensure that they are consistent with the Commonwealth's Emergency Management Plan.

(3)  Participation in required exercises, including emergency communication drills and tests, as based upon mutually agreed schedules and parameters.

(4)  Participation in the Federal full participation exercises scheduled for nuclear generation stations.

(5)  Review and revision, as necessary, of Annex E, "Radiological Emergency Response to Nuclear Power Plant Incidents," of the Commonwealth's Emergency Management Plan and annual review of the onsite emergency response plan of each utility to ensure that it is consistent with the annex.

(6)  Seeking formal Federal review and approval of the Commonwealth's Annex E to its Emergency Management Plan and the county, municipal and other plans in accordance with 44 CFR Part 350 (relating to review and approval of state and local radiological emergency plans and preparedness). Once Federal approval is obtained for the plans, the agency shall seek to maintain that approval status.

(7)  Annual review of municipal and school district radiological emergency response plans in conjunction with the respective county emergency management agencies to ensure that they are consistent with the applicable county radiological emergency response plans.

(8)  Assisting in the update of lesson plans used by each utility for county, municipal, school and volunteer agency offsite training purposes and, to the extent necessary to obtain Federal approval, participation in this training effort.

(9)  Annual review of the Alert Notification System Report for each nuclear generating station to ensure that current information from the State and county plans are included in the report and assist in the coordination of siren or other emergency communication tests with each utility, the appropriate counties and adjacent states.

(10)  Coordinating the review and update of emergency information brochures with the respective counties and utilities.

(11)  Participation with each utility in planning and program meetings scheduled with counties, municipalities and school districts.

(12)  Developing planning and preparedness procedures for emergency response within the ingestion exposure pathway zone.

(13)  Providing a qualified press secretary or designee to participate in the operation of a joint information center upon its activation by a utility.

(14)  Performing actions necessary to satisfy the Commonwealth's responsibilities relative to Federal guidance memoranda.

(15)  Providing reasonable assistance and support requested by a utility from time to time in connection with the utility obtaining or maintaining, or both, an emergency plan acceptable to Federal regulatory entities having jurisdiction over the utility.

(16)  Providing other reasonable assistance and support requested by utilities from time to time.

(17)  Providing guidance to State, county and municipal elected officials, departments and agencies and school districts in order to ensure compliance with this section and all other applicable Federal and State radiation protection safety laws.

(18)  Providing redundant communications' capability between the agency's headquarters and each nuclear generating station in this Commonwealth sufficient to meet Federal and State regulatory requirements.

(c)  Establishment of fund.--There is hereby created in the General Fund a nonlapsing restricted receipt account to be known as the Radiological Emergency Response Planning and Preparedness Program Fund. Fees received under subsection (d) shall be deposited in this fund. Moneys in the fund are hereby appropriated to the agency to carry out its responsibilities under subsections (a) and (b).

(d) Annual fees.--(Repealed).

35c7320v

(Dec. 20, 1989, P.L.665, No.85, eff. imd.; July 13, 2007, P.L.95, No.31, eff. imd.)

 

2007 Repeal.  Act 31 repealed subsec. (d).

1989 Amendment.  Act 85 added section 7320.

35c7321s

§ 7321.  Unconventional well 911 emergency response information.

(a)  Emergency regulations.--The agency and the Department of Environmental Protection shall adopt emergency regulations directing the operators of all unconventional wells within this Commonwealth to do all of the following:

(1)  Adopt a unique GPS coordinate address for each unconventional well at both the access road entrance and well pad site.

(2)  Register that address with the agency, the Department of Environmental Protection and the county emergency management organization within the county where the unconventional well is located.

(3)  Require the development of an emergency response plan and file that plan with the agency, the Department of Environmental Protection and the county emergency management organization with jurisdiction over the unconventional well. The county shall disseminate the GPS address and emergency response plan to the local emergency management organization in which the unconventional well is located.

(4)  Post a reflective sign at the entrance to each unconventional well site with the specific address of that site, the coordinates for the site, the emergency contact number for the operator and such other information as the agency or the Department of Environmental Protection deems necessary.

(b)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Unconventional formation."  A geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by:

(1)  hydraulic fracture treatments;

(2)  using multilateral well bores; or

(3)  other techniques to expose more of the formation of the well bore.

"Unconventional well."  A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.

35c7321v

(Feb. 2, 2012, P.L.67, No.9, eff. imd.)

 

2012 Amendment.  Act 9 added section 7321. Section 2 of Act 9 provided that regulations promulgated under section 7321 shall apply to both new and existing unconventional wells within this Commonwealth.

35c7331h

 

 

SUBCHAPTER C

INTRASTATE MUTUAL AID

 

Sec.

7331.  Purpose of subchapter.

7332.  Definitions.

7333.  Intrastate Mutual Aid Committee.

7334.  System.

7335.  Assistance.

7336.  License, certificate and permit portability.

7337.  Insurance.

7338.  Workers' compensation.

7339.  Immunity.

7340.  Effect on other agreements.

 

Enactment.  Subchapter C was added October 8, 2008, P.L.1098, No.93, effective immediately.

35c7331s

§ 7331.  Purpose of subchapter.

The purpose of this subchapter is to create a system of intrastate mutual aid between participating political subdivisions within this Commonwealth, whereby each participating political subdivision recognizes that emergencies transcend the boundaries of a political subdivision and that intergovernmental coordination is essential for the protection of lives and property and for the best use of available public and private assets. The system shall provide for mutual assistance among the participating political subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community to respond. The system shall provide for mutual cooperation among the participating subdivisions in conducting exercises, testing or other training activities.

35c7332s

§ 7332.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency."  The Pennsylvania Emergency Management Agency.

"Committee."  The Intrastate Mutual Aid Committee.

"Dedicated emergency response organization."  Any entity organized, chartered or incorporated in this Commonwealth or chartered by the Congress of the United States for the primary purpose of providing emergency services. The term shall include volunteer, career and combination organizations.

"Emergency responder."  An individual in the public or private sector who has special skills, qualifications, training, knowledge or experience, whether or not the person possesses a license, certificate, permit or other official recognition for the skills, qualifications, training, knowledge or experience, that would benefit a participating political subdivision in responding to an authorized mutual aid request or participating in an authorized drill or exercise. The term shall include a law enforcement officer, a firefighter, an emergency medical services worker, a physician, nurse or other public health worker, an emergency management official, a coroner or medical examiner, a State-certified hazardous materials team member, a public works worker, a building inspector, an architect, an engineer or other design professional or a person with specialized equipment operations skills or training or with any other skills needed to provide aid in a declared emergency.

"Incident."  Any event or condition which constitutes an actual or imminent threat to public health and safety, public or private property or the economic well-being of the community.

"Incident commander."  The individual responsible for all incident-related activities, including the development of strategies and tactics and the ordering and releasing of resources as provided under the National Incident Management System.

"Mutual aid."  Mutual assistance and sharing of resources among participating political subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community to respond.

"National Incident Management System."  The National Incident Management System established by the United States Department of Homeland Security.

"Participating political subdivision."  A political subdivision that has not opted out of the intrastate mutual aid system.

"Political subdivision."  Any county, city, borough, incorporated town or township. The term shall include any council of governments established among any of the above.

"Requesting political subdivision."  A participating political subdivision that requests assistance under this subchapter.

"Responding political subdivision."  A participating political subdivision that responds to a request for assistance under this subchapter.

"System."  The intrastate mutual aid system.

35c7333s

§ 7333.  Intrastate Mutual Aid Committee.

(a)  Establishment.--There is established the Intrastate Mutual Aid Committee.

(b)  Membership.--The committee shall be comprised of the following members:

(1)  The director of the agency or a designee, who shall serve as the chairman of the committee.

(2)  The State Fire Commissioner and the Director of the Bureau of Emergency Medical Services of the Department of Health or any successor bureau or administrative unit having similar responsibilities.

(3)  Three representatives each from the career fire services, the volunteer fire services and the emergency medical services.

(4)  Three county emergency management agency directors, one from each agency area, who shall be recommended by the respective agency area directors.

(5)  One representative each from the State Chiefs of Police Association, the State Fraternal Order of Police and the Pennsylvania State Police.

(6)  One representative each from the Statewide county and municipal government associations' representative elected officials.

(7)  Three representatives from county-based 911 programs.

(8)  One representative from the Pennsylvania State Coroners Association.

(c)  Appointments.--Each member under subsection (b) shall be appointed by the director of the agency, and the appointment shall be based on recommendations from the organizations and associations represented. The county-based 911 members shall be selected from recommendations made by the three agency area directors.

(d)  Terms of office.--Members shall serve a term of two years and may be appointed for subsequent terms.

(e)  Duties of committee.--The committee shall do all of the following:

(1)  Hold at least one meeting each year to review the progress and status of the intrastate mutual aid system.

(2)  Provide participating political subdivisions with a method to track and evaluate the system.

(3)  Examine issues facing participating political subdivisions and emergency responders regarding the implementation of this subchapter.

(4)  Prepare an annual report on the condition and effectiveness of mutual aid in this Commonwealth, which shall be submitted to the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. This report may contain recommendations for correcting any deficiencies within the system.

(5)  Develop all of the following:

(i)  Comprehensive guidelines and procedures that address all of the following:

(A)  Projected or anticipated costs potentially incurred by a participating political subdivision.

(B)  Recordkeeping for participating political subdivisions.

(C)  Reimbursement procedures and other necessary implementation elements.

(D)  Any other procedures that the committee deems necessary.

(ii)  Checklists for requesting and providing assistance.

(iii)  Forms for requests and other records to document the deployment and return of assets.

35c7334s

§ 7334.  System.

(a)  Establishment.--An intrastate mutual aid system is established for the purpose of providing mutual aid within this Commonwealth.

(b)  Participation.--

(1)  All political subdivisions within this Commonwealth shall be a part of the system unless the political subdivision elects not to participate by enacting a resolution declaring their desire not to participate and by submitting a copy of the resolution to the agency and to its county emergency management agency.

(2)  All political subdivisions within this Commonwealth shall consult with fire and emergency medical services providers to discuss the emergency services needs of the political subdivision.

(3)  Any political subdivision that elects not to participate in the system, as provided under subsection (a), may at a later date elect to participate in the system by enacting a resolution declaring its desire to participate and by submitting a copy of the resolution to the agency and to its county emergency management agency.

(4)  Participation by a political subdivision in the system of intrastate mutual aid established by this subchapter shall not be subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(c)  Responsibilities.--It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within that political subdivision to do all of the following:

(1)  Identify potential hazards that could affect the participating political subdivision using an identification system as developed by the committee common to all participating political subdivisions.

(2)  Conduct joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions.

(3)  Conduct joint training with contiguous participating political subdivisions at least biennially.

(4)  Identify and inventory the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities of the participating political subdivisions in accordance with the National Incident Management System Integration Center resource management guidance.

(5)  Adopt and implement the standardized incident management system approved by the agency.

(6)  Adopt and implement the National Incident Management System requirements established by the United States Department of Homeland Security.

35c7335s

§ 7335.  Assistance.

(a)  Requests.--A participating political subdivision may request assistance of other participating political subdivisions or their designated emergency response organizations. All requests for assistance shall be initiated from the incident commander or authorized designee at an incident location, the county 911 center or the county emergency manager where the incident occurs. All intrastate mutual aid requests for assistance shall be made to the county 911 center or county emergency management coordinator or authorized designee in the responding county. Intrastate mutual aid requests for assistance may also be made through the agency. A written request shall be submitted after a verbal request is made as soon as practicable or within the number of days that the agency, in its discretion, may determine.

(b)  Response to requests.--A participating political subdivision's obligation to provide assistance in the prevention of, response to and recovery from an incident or in authorized drills or exercises shall be subject to all of the following conditions:

(1)  A responding political subdivision may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction.

(2)  Emergency response personnel of a responding political subdivision shall remain under the administrative and policy procedures and control of their respective jurisdiction, including medical protocols, standard operating procedures and other protocols, but shall be under the operational control of the appropriate officials within the incident management system of the requesting political subdivision.

(3)  Assets and equipment of a responding political subdivision shall remain under the administrative and policy procedures and control of their respective jurisdiction but shall be under the control of the appropriate officials within the incident management system of the requesting political subdivision.

(4)  The incident commander shall have overall authority and responsibility for conducting incident operations and shall be responsible for the management of all incident operations at the incident site.

(c)  Reimbursement.--A requesting political subdivision shall reimburse the responding political subdivision in accordance with procedures established by the committee. A responding political subdivision may donate assets of any kind to a participating political subdivision. If a dispute arises regarding reimbursement, involved parties shall make every effort to resolve the dispute within 30 days of written notice of the dispute by the party asserting noncompliance. In the event that the dispute is not resolved within 90 days of the notice of the claim, either party may request the dispute be resolved through arbitration. Any arbitration requested under this subsection shall be conducted under the commercial arbitration rules of the American Arbitration Association.

(d)  Exceptions.--The provisions of this section shall not apply to specific mutual aid agreements which exist on the effective date of this section and which were made between political subdivisions and emergency response organizations to cover response to routine incidents.

35c7336s

§ 7336.  License, certificate and permit portability.

If a person holds a license, certificate or other permit issued by a participating political subdivision or the Commonwealth evidencing qualification in a professional, mechanical or other skill and the assistance of that person or entity is requested by a participating political subdivision, the person shall be deemed to be licensed, certified or permitted in the political subdivision requesting assistance for the duration of the incident response or authorized drills or exercises and subject to any limitations and conditions the chief executive of the participating political subdivision receiving the assistance may prescribe by executive order or otherwise.

35c7337s

§ 7337.  Insurance.

A responding political subdivision shall ensure that adequate insurance protection is in effect covering all vehicles and equipment used in response to an intrastate mutual aid request. Personnel of the responding political subdivision shall maintain direct and overall control of all vehicles and equipment utilized in an intrastate mutual aid response and shall ensure that vehicles and equipment are used within intended design specifications.

35c7338s

§ 7338.  Workers' compensation.

Notwithstanding any other provision of law, a responding political subdivision shall provide appropriate workers' compensation insurance protection for municipal employees and volunteers representing the responding political subdivision when responding to a request under this system. Personnel of a responding political subdivision who sustain injury or death in the course of and arising out of their employment shall be entitled to all applicable benefits normally available to personnel while performing their duties for their employer. Responders shall receive any additional Federal and State benefits that may be available to them for line-of-duty deaths.

35c7339s

§ 7339.  Immunity.

All activities performed under the intrastate mutual aid system are deemed to be governmental functions. For the purposes of liability, all persons responding under the operational control of the requesting political subdivision shall be deemed to be employees of the requesting participating political subdivision. Except in cases of willful misconduct, gross negligence or bad faith, neither the participating political subdivisions nor their employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the system. This subchapter shall provide no immunity, rights or privileges for any individual responding to an incident where the response has not been requested by a participating political subdivision.

35c7340s

§ 7340.  Effect on other agreements.

Nothing in this subchapter shall preclude participating political subdivisions from entering into supplementary agreements with another political subdivision. Nothing in this subchapter shall affect any other agreement to which a political subdivision may, on the effective date of this section, be a party.

35c7351h

 

 

SUBCHAPTER D

STATE FIREMEN'S TRAINING SCHOOL

 

Sec.

7351.  Establishment, purpose and name.

7352.  Supervision and control.

7353.  Powers and duties.

7354.  Persons admitted.

7355.  Application for admission.

7356.  Acquisition of site.

7357.  Conveyance of land and plans for buildings and structures.

7358.  Leasing by Commonwealth.

 

Enactment.  Subchapter D was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011.

Special Provisions in Appendix.  See section 7(b.1)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7351s

§ 7351.  Establishment, purpose and name.

In order to enable the Department of Education more effectively to train firefighters under the program of the Public Service Institute Board established by the department under its vocational education program, there is hereby established a training school for firefighters for practical training in the control and extinguishment of fires. The training school shall be known as the Pennsylvania State Firemen's Training School.

35c7352s

§ 7352.  Supervision and control.

The management of the school and the control and care of the buildings and grounds owned and used by the Commonwealth for the school and the conduct of instruction at the school shall be under the direct supervision and control of the Department of Education.

35c7353s

§ 7353.  Powers and duties.

The Department of Education and the Public Service Institute Board shall have the power and their duty shall be:

(1)  To fix the salaries of the employees of the school in conformity with the standards established by the Executive Board.

(2)  To make rules and regulations for the government and management of the school and the admission of firefighters from the various political subdivisions to the school.

(3)  To prescribe the courses of study and the practical training in connection therewith.

(4)  To accept on behalf of the Commonwealth donations of land or equipment for the use of the school.

35c7354s

§ 7354.  Persons admitted.

All firefighters who are regularly employed by any local political subdivision of this Commonwealth and all regularly enrolled members of volunteer fire companies shall be eligible for admission to the school and shall be chosen by the governing authority of each political subdivision. The Public Service Institute Board shall apportion the number admitted to the school so that each county is represented in the ratio that the number of firefighters in each county bears to the total number of firefighters in this Commonwealth.

35c7355s

§ 7355.  Application for admission.

Application for admission shall be made to the Public Service Institute Board by the political subdivisions in the manner prescribed by the board.

35c7356s

§ 7356.  Acquisition of site.

The Secretary of Education, with the approval of the Governor, may accept a gift of land suitable as a site for the school or, if no gift of a suitable site is offered, the secretary shall, with the approval of the Governor, select for acquisition by the Department of General Services in the name of the Commonwealth a tract of land located in or adjacent to the borough of Lewistown for the erection, construction, furnishing and equipping thereon by the Department of General Services of the Pennsylvania State Firemen's Training School. The title to the lands so acquired, whether by gift or otherwise, shall be approved by the Attorney General. If it shall be found that the Commonwealth owns State lands suitable in whole or in part for such use, the lands may be designated by the Department of Education, with the approval of the Governor and the department, board or commission having possession and control of the lands, and used for such purpose. Any additional lands necessary may be selected and acquired as herein provided.

35c7357s

§ 7357.  Conveyance of land and plans for buildings and structures.

Upon the acquisition of any land in the name of the Commonwealth or designation of any land of the Commonwealth, the Department of General Services shall have the authority to erect or construct and furnish and equip thereon the buildings and other structures necessary for the Pennsylvania State Firemen's Training School. The plans and specifications of the school, whether erected on land acquired directly by the Department of General Services or by conveyance to it from the Commonwealth, shall be subject to the approval of the Department of Education and shall provide for suitable buildings and other necessary equipment, structures and improvements.

35c7358s

§ 7358.  Leasing by Commonwealth.

The Department of General Services, with the approval of the Governor, is authorized to enter into a lease for not more than 99 years to acquire the use of the buildings and structures and any lands connected therewith and the furnishings and equipment thereof for the purpose of having the same managed and operated by the Department of Education.

35c7361h

 

 

SUBCHAPTER E

FIRE AND EMERGENCY MEDICAL SERVICES

LOAN PROGRAM

 

Sec.

7361.  Scope of subchapter.

7362.  Legislative findings and declaration of purpose.

7363.  Definitions.

7364.  Assistance to fire companies and EMS companies.

7365.  Fire and Emergency Medical Services Loan Fund.

7366.  Powers and duties of office.

7367.  Authority to borrow.

7368.  Bonds, issue, maturity and interest.

7369.  Sale of bonds.

7370.  Refunding bonds.

7371.  Disposition and use of proceeds.

7372.  Registration of bonds.

7373.  Information to General Assembly.

7374.  Fire and Emergency Medical Services Loan Sinking Fund and investments.

7375.  Expenses of preparation, issue and sale of bonds.

7376.  Repayment obligations for principal and interest.

7377.  Quorum.

7378.  Temporary financing authorization.

7378.1. Referendum for additional indebtedness.

7378.2. Authorization of contracts, reimbursement procedure and amount.

7378.3. Reimbursement procedure and amount.

7378.4. Referendum to expand loan assistance.

7378.5. Annual report and distribution of information.

 

Enactment.  Subchapter E was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011.

Subchapter Heading.  The heading of Subchapter E was amended October 29, 2020, P.L.731, No.91, effective in 60 days.

Special Provisions in Appendix.  See section 7(b.1)(8) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter E is referred to in sections 7362, 7363, 7364, 7365, 7366, 7367, 7368, 7369, 7370, 7371, 7373, 7374, 7375, 7377, 7378, 7378.1, 7378.3, 7385, 7814, 7824 of this title.

35c7361s

§ 7361.  Scope of subchapter.

This subchapter relates to fire companies and emergency medical services companies.

35c7361v

(Oct. 29, 2020, P.L.739, No.91, eff. 60 days)

35c7362s

§ 7362.  Legislative findings and declaration of purpose.

(a)  Findings.--The General Assembly finds that:

(1)  Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania, the voters of the Commonwealth approved by referenda on November 4, 1975, the incurring of indebtedness of $10,000,000 and on November 3, 1981, approved the incurring of an additional $15,000,000 of indebtedness and on November 6, 1990, approved the incurring of an additional $25,000,000 of indebtedness for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles and for purchasing new firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of such organizations' duties.

(2)  Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania, on November 5, 2002, the voters of this Commonwealth approved by referendum the incurring of indebtedness for the establishment of a program that utilizes capital and other related methods to enhance and improve the delivery of volunteer fire and volunteer emergency services in this Commonwealth. The General Assembly further finds that the use of up to $50,000,000 of such indebtedness to expand the existing program providing for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads as authorized under this subchapter is an appropriate use of such indebtedness.

(b)  Purpose.--The General Assembly has determined that fire companies and emergency medical services companies are most in need of loans. The General Assembly intends that the loans provided under this subchapter be used to replace outmoded or unsafe equipment and buildings of fire companies and emergency medical services companies to meet an increasing demand for a higher level of service in the communities which they serve.

35c7362v

(Oct. 29, 2020, P.L.739, No.91, eff. 60 days)

 

2020 Amendment.  Act 91 amended subsec. (b).

35c7363s

§ 7363.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Accessory equipment."  Firefighting, ambulance and rescue equipment necessary to carry out the ordinary functions of supporting fires, life and rescue activities.

"Agency."  (Deleted by amendment).

"Apparatus equipment."  Elevated equipment, pumpers, tankers, ladder trucks, utility or special service vehicles, ambulances, rescue vehicles or other large equipment used for firefighting and emergency services.

"Commissioner."  The State Fire Commissioner.

"Communications equipment."  Any voice or original transmission system required to support the operation of the volunteer fire company, volunteer ambulance service and volunteer rescue squad.

"Emergency medical services company" or "EMS company."  A career, nonprofit or volunteer emergency medical services company.

"Establishing."  In the context of establishing or modernizing facilities, the term means both the construction of new buildings and the acquisition or renovation of existing structures.

"Facilities."  Facilities used to house firefighting equipment, ambulances and rescue vehicles. The term shall not include meeting halls, social rooms or any other facilities not directly related to firefighting.

"Fire company."  A volunteer fire company.

"Fund."  The Fire and Emergency Medical Services Loan Fund established under section 7365 (relating to Fire and Emergency Medical Services Loan Fund).

"Municipality."  A county, city, borough, incorporated town or township.

"National Fire Protection Association (NFPA) standards." Apparatus and equipment, including personal protective equipment, shall be deemed to meet the requirements of compliance with the applicable standards of the National Fire Protection Association (NFPA), except that:

(1)  New apparatus shall be constructed to meet or exceed the standards in effect at the time of manufacture.

(2)  Used firefighting apparatus shall:

(i)  in no instance meet lesser requirements than the standards for apparatus adopted by the National Fire Protection Association in 1991; and

(ii)  beginning June 25, 1999, meet the National Fire Protection Association standards for apparatus in effect at the time of original manufacture, except that no loans shall be considered or made for apparatus that cannot meet the National Fire Protection Association standards in effect no more than 12 years prior to the date of the application for loan financing.

(3)  New equipment shall meet or exceed the standards in effect at the time of original manufacture.

(4)  Used equipment shall meet or exceed the standards in effect at the time of original manufacture, except that no loans for used equipment shall be considered or made for equipment more than five years old at the time of application for loan assistance.

(5)  In every instance, used equipment and apparatus shall meet the applicable National Fire Protection Association standards at the time that the loan funds are advanced.

"Office."  The Office of the State Fire Commissioner.

"Protective equipment."  Any equipment used by firefighters, volunteer ambulance service personnel or volunteer rescue service personnel to protect their person from injury while performing their functions, including, but not limited to, helmets, turnout coats and pants, boots, eyeshields, gloves and self-contained respiratory protection units.

"Rescue vehicle."  Any vehicle, whether a motor vehicle or a watercraft, used for rescue services.

"Utility or special service vehicle."  A vehicle carrying accessory equipment, including, but not limited to, ladders, oxygen equipment, generators and adaptors, floodlights, smoke ejectors and other equipment necessary to perform the ordinary functions of supporting firefighting activities.

"Volunteer ambulance service."  Any nonprofit chartered corporation, association or organization located in this Commonwealth and which is regularly engaged in the service of providing emergency medical care and transportation of patients.

"Volunteer Companies Loan Fund."  (Deleted by amendment).

"Volunteer fire company."  Any nonprofit chartered corporation, association or organization located in this Commonwealth which provides fire protection services and other voluntary emergency services within this Commonwealth. Voluntary emergency services provided by a volunteer fire company may include voluntary ambulance and voluntary rescue services.

"Volunteer rescue service."  Any nonprofit chartered corporation, association or organization located in this Commonwealth which provides rescue services in this Commonwealth.

35c7363v

(Dec. 23, 2013, P.L.1256, No.129, eff. 60 days; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)

 

2020 Amendment.  Act 91 added the defs. of "emergency medical services company" or "EMS company," "fire company," "fund" and "municipality" and deleted the def. of "Volunteer Companies Loan Fund."

2013 Amendment.  Act 129 added the defs. of "commissioner" and "office" and deleted the def. of "agency."

35c7364s

§ 7364.  Assistance to fire companies and EMS companies.

(a)  General rule.--The office is authorized, upon application of any fire company or EMS company, to make loans for the following purposes:

(1)  Establishing or modernizing facilities that house firefighting equipment, ambulance or rescue vehicles. The amount of a loan for establishing or modernizing facilities made to any one fire company or EMS company shall not exceed 50% of the total cost of the facilities or modernization or $450,000, whichever is less, and a notarized financial statement filed under subsection (c) shall show that the applicant has available 20% of the total cost of the facilities in unobligated funds. Proceeds of the loan shall be used only for purposes of structure or land acquisition or renovation or construction and shall not be used for payment of fees for design, planning, preparation of applications or any other cost not directly attributable to structure or land acquisition or renovation or construction.

(2)  Purchasing firefighting apparatus, ambulances or rescue vehicles. The amount of a loan made for purchasing firefighting apparatus to any one fire company shall not exceed $250,000 for any single firefighting apparatus equipment or utility or special service vehicle or heavy duty rescue vehicle as defined by regulation or guideline, or 50% of the total cost of the equipment or vehicle, whichever is less, except for loans for aerial apparatus as defined by regulation or guideline, which shall not exceed $350,000. The amount of a loan made to any one fire company or EMS company for any ambulance or light duty rescue vehicle as defined by regulation or guideline shall not exceed $125,000 and for a watercraft rescue vehicle shall not exceed $35,000 or 50% of the cost of the ambulance or rescue vehicle, whichever is less, and a notarized financial statement filed under subsection (c) shall show that the applicant has available 20% of the total cost of the vehicle in unobligated funds.

(3)  Purchasing protective, accessory or communication equipment. No fire company or EMS company shall receive a loan for protective, accessory or communicative equipment more than once in any five-year period. Each fire company or EMS company may apply for a loan for a mobile and portable radio unit for each existing serviceable apparatus equipment, ambulance or rescue vehicle. Radio equipment obtained through loans under this subchapter shall be equipped with a frequency or frequencies licensed by the Federal Communications Commission for firefighting or emergency response purposes. A notarized financial statement shall be filed and loans under this subchapter for the purchase of protective, accessory or communicative equipment shall not exceed $25,000.

(4)  Refinancing debt incurred or contracts entered into after November 4, 1975, and used for the purchase of apparatus equipment or for the construction or modernization of facilities or for modification of apparatus equipment in order to comply with National Fire Protection Association standards.

(5)  Repair or rehabilitation of apparatus equipment. Where it has been determined that existing apparatus equipment no longer meets the standards of the National Fire Protection Association and the repair or rehabilitation of such equipment will bring it in compliance with National Fire Protection Association standards, loans for the repair or rehabilitation for a single apparatus equipment shall be for at least $3,000 but shall not exceed the lesser of $80,000 or 80% of the total cost of repair or rehabilitation.

(6)  Purchasing of used firefighting apparatus, equipment, used ambulances, used rescue vehicles, used communications equipment, used accessory equipment or used protective equipment, except that the used vehicles and equipment shall meet the National Fire Protection Association (NFPA) standards and loans for the purchase of a used single apparatus equipment shall not exceed $200,000 or 80% of the total cost of the equipment, whichever is less.

(7)  (Deleted by amendment).

(a.1)  Limitation.--Loans under this subchapter may be made for any of the purposes of subsection (a) undertaken by a fire company or EMS company on or after November 4, 1975.

(b)  Loans.--Loans made by the office in the amount of $50,000 or less shall be for a period of not more than ten years. Loans in excess of $50,000 but not in excess of $300,000 shall be for a period of not more than 15 years. The payback period of any loan in excess of $300,000 shall not exceed 20 years. Loans shall be subject to the payment of interest at 2% per year and shall be subject to such security as shall be determined by the commissioner. The total amount of interest earned by the investment or reinvestment of all or any part of the principal of any loan shall be returned to the office and transferred to the Fire and Emergency Medical Services Loan Fund and shall not be credited as payment of principal or interest on the loan. Except as provided in subsection (a)(5) and (7), the minimum amount of any loan shall be $25,000.

(b.1)  Inflation adjustment.--Beginning one year after the effective date of this subsection and biannually thereafter, all loan limits under this section shall increase at the rate of inflation as outlined in the Consumer Price Index for All Urban Consumers for the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD area for the most recent 12-month period for which the figures have been reported by the United States Department of Labor, Bureau of Labor Statistics. If the rate of inflation does not increase, all loan limits shall remain the same as they were for the previous year. The office shall transmit notice of loan limit increases to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(c)  Applications.--Every application for a loan shall be accompanied by a notarized financial statement of the fire company or EMS company and a financial plan to show the amount of assets and projected revenues for the repayment of the loan, any other obligations of the fire company or EMS company and operating expenses over the period of the loan. Every application shall be accompanied by evidence sufficient to show that all costs except the amount of the loan have been obtained by assets of the fire company or EMS company and other loans or sources of revenue. If a fire company or EMS company is unable to meet the 20% requirement of subsection (a), then a political subdivision which is served by the fire company or EMS company may pledge its credit in the amount of funds necessary to satisfy the 20% requirement and, if it does so, shall cosign the application submitted by the fire company or EMS company.

(c.1)  Application review committee.--The office shall establish an application review committee to review loan applications and recommendations on loan applications under this section. The application review committee shall regularly meet at least quarterly to review loan applications and make recommendations on loan applications to the office. The application review committee shall be chaired by the commissioner or the commissioner's designee and include the following members:

(1)  The chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate or the chair's designee.

(2)  The minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate or the minority chair's designee.

(3)  The chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives or the chair's designee.

(4)  The minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives or the minority chair's designee.

(5)  The director of the Bureau of Emergency Medical Services in the Department of Health or the director's designee.

(6)  A representative of the Pennsylvania Fire and Emergency Services Institute.

(7)  A representative of the Firemen's Association of the State of Pennsylvania.

(8)  A representative of the Ambulance Association of Pennsylvania.

(9)  A representative of the Pennsylvania Emergency Health Services Council.

(d)  Use.--Loans shall be used for the acquisition by fire companies or EMS companies of new or used apparatus equipment, new or used ambulances, new or used rescue vehicles, new or used communications equipment, new or used accessory equipment or new or used protective equipment or for the acquisition and renovation of existing structures to house firefighting equipment, ambulance or rescue vehicles or for the construction or modernization of facilities and, except as provided in subsection (a)(4), shall not be used for operating expenses or for the refinancing of renovated structures, refinancing of construction or modernization of facilities, apparatus equipment, communication equipment, accessory equipment, nor, except as provided in subsection (a)(4), shall be made or used to reduce any debt or other obligations issued prior to the effective date of this subchapter.

(e)  Payment.--Loans made by the office shall be paid from the fund to the fire companies and EMS companies in accordance with guidelines and procedures developed by the office.

(f)  Deposit.--All payments of interest on the loans and the principal thereof shall be deposited by the office in the fund.

(g)  Eligibility.--A fire company or EMS company shall be eligible for a loan regardless of legal ownership in whole or in part by any political subdivision of any facilities or apparatus equipment used by the fire company or EMS company. Any equipment or facilities financed may be transferred to a political subdivision served by the fire company or EMS company subject to such security as shall be determined by the commissioner.

(h)  Maximum amount.--Notwithstanding any other provision of this section to the contrary, the maximum amount of any loan to a fire company or EMS company for the purchase of firefighting apparatus, ambulances or rescue vehicles manufactured or assembled in this Commonwealth, may exceed the loan limits set forth in this section by $20,000.

(i)  Aggregation of loans.--

(1)  Subject to paragraph (2), a fire company or EMS company shall not be eligible for more than three loans at one time.

(2)  If more than one fire company or EMS company merge or consolidate into a single entity, as determined by the commissioner, the entity shall be eligible for not more than ten loans at one time for a period of ten years from the date of the merger or consolidation.

35c7364v

(Dec. 23, 2013, P.L.1256, No.129, eff. 60 days; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)

35c7365s

§ 7365.  Fire and Emergency Medical Services Loan Fund.

(a)  General rule.--There is created a special fund in the Treasury Department to be known as the Fire and Emergency Medical Services Loan Fund to which shall be credited all appropriations made by the General Assembly other than appropriations for expenses of administering this subchapter or grants from other sources to the office as well as repayment of principal and interest on loans made under this subchapter.

(b)  Requisition.--Upon approval of the loan, the commissioner shall routinely requisition from the fund such amounts as shall be allocated by the office for loans to fire companies or EMS companies. When and as the amounts so allocated as loans to fire companies or EMS companies are repaid pursuant to the terms of the agreements made and entered into with the office, the office shall pay such amounts into the fund, it being the intent of this subchapter that the fund shall operate as a revolving fund whereby all appropriations and payments made thereto may be applied and reapplied to the purposes of this subchapter.

(c)  Administration.--The commissioner may use up to 50% of the interest payments, but not in excess of $600,000, for administrative costs on an annual basis.

35c7365v

(June 29, 2012, P.L.663, No.78, eff. imd.; Dec. 23, 2013, P.L.1256, No.129, eff. 60 days; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)

 

Cross References.  Section 7365 is referred to in sections 7363, 7376 of this title.

35c7366s

§ 7366.  Powers and duties of office.

(a)  Mandatory.--The office has the following duties:

(1)  To appoint agents and employees necessary to the administration of this subchapter and to prescribe their duties and to fix their compensation within the limitations provided by law.