PRIOR PRINTER'S NOS. 1651, 2743 PRINTER'S NO. 2954
No. 1474 Session of 1993
INTRODUCED BY PETRONE, BEBKO-JONES, MELIO, TRELLO, JAROLIN,
LAUB, CESSAR, CURRY, J. TAYLOR, BELFANTI, D. W. SNYDER,
ARMSTRONG, COY, BROWN, DEMPSEY, FAJT, GIGLIOTTI, JAMES,
KENNEY, LAUGHLIN, McGEEHAN, O'BRIEN, LaGROTTA, VAN HORNE,
VEON, KASUNIC, E. Z. TAYLOR, ROBINSON, WOGAN, PERZEL, OLASZ,
DeLUCA, HUGHES, DONATUCCI, TULLI, PISTELLA, WILLIAMS, CIVERA,
RITTER, MURPHY, REBER AND GODSHALL, MAY 3, 1993
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 13, 1993
AN ACT
1 Amending the act of July 3, 1985 (P.L.164, No.45), entitled "An
2 act relating to the prevention and reduction of premature
3 death and disability in this Commonwealth; providing for
4 assistance, coordination and support of the development and
5 maintenance of a comprehensive emergency medical services
6 system and for qualifications, eligibility and certification
7 of emergency medical services personnel and licensing
8 ambulance services; imposing powers and duties on the
9 Department of Health; and making repeals," further providing
10 for certification of emergency medical technicians and EMT-
11 paramedics; adding definitions; and nullifying a regulation <--
12 ABROGATING REGULATIONS. <--
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 3 of the act of July 3, 1985 (P.L.164,
16 No.45), known as the Emergency Medical Services Act, is amended
17 by adding definitions to read:
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 * * *
3 "Advanced life support service medical director." A
4 physician licensed in this Commonwealth who is a medical command
5 physician, approved by the Department of Health, or meets
6 certain requirements as promulgated by the Department of Health.
7 * * *
8 "Commonwealth medical director." A physician selected and
9 approved by the Department of Health to advise on matters
10 pertaining to emergency medical services, and to insure the
11 competency of the entire Statewide emergency medical services
12 system.
13 * * *
14 "Service director." A director or administrator who is
15 responsible for the supervision, management, direction and
16 control of an ambulance service, a quick response service or a
17 nontransport emergency care service and its personnel and who
18 insures compliance with the provisions of section 12 and the
19 regional emergency medical services medical plan.
20 * * *
21 Section 2. Section 11(b) and (d) of the act are amended to
22 read:
23 Section 11. Emergency medical services personnel.
24 * * *
25 (b) Certification of emergency medical technician.--
26 (1) The department shall certify any person as an
27 emergency medical technician who:
28 [(1)] (i) Has completed a basic training program for
29 emergency medical technicians approved by the department,
30 which program follows in accordance with the current
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1 national standard curriculum for emergency medical
2 technicians as set forth in the rules and regulations
3 promulgated by the department.
4 [(2)] (ii) Has taken and successfully passed a written
5 examination prescribed by the department.
6 [(3)] (iii) Has taken and successfully passed a
7 practical test of emergency medical technician skills
8 prescribed by the department.
9 [(4)] (iv) Is at least 16 years of age.
10 (2) A person who meets the requirements of this
11 subsection shall be certified as an emergency medical
12 technician within this Commonwealth for a period of three
13 years, subject to decertification or revocation of <--
14 certification, for demonstrated cause, by the department. <--
15 (i) A person certified as an emergency medical
16 technician shall retain certification BE RECERTIFIED by <--
17 participation in a department-approved continuing
18 education and training program OR SHALL HAVE THE OPTION <--
19 TO TAKE A DEPARTMENT-APPROVED RECERTIFICATION AND
20 PRACTICAL SKILLS EXAMINATION. The department, upon
21 consultation with the council, shall review and update
22 the continuing education and training program PROGRAMS <--
23 not less than biennially.
24 (ii) The department shall promulgate rules and
25 regulations governing the decertification and revocation <--
26 of certification of emergency medical technicians.
27 (3) Notwithstanding the provisions of the act of July
28 20, 1974 (P.L.551, No.190), known as the Medical Practice Act
29 of 1974, or the provisions of any act to the contrary, any
30 person with a valid certification from the department as an
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1 emergency medical technician may, in the case of an
2 emergency, perform those duties as deemed appropriate by the
3 department in accordance with rules and regulations
4 promulgated under this act.
5 * * *
6 (d) Certification of EMT-paramedic.--
7 (1) The department shall certify a person as an EMT-
8 paramedic, provided the person meets the requirements of
9 subsection (c) and:
10 [(1)] (i) Completes a training course for EMT-paramedics
11 approved by the department, which course follows in
12 accordance with the current national standard curriculum
13 for emergency medical technician-paramedics as set forth
14 in the rules and regulations promulgated by the
15 department.
16 [(2)] (ii) Is verified as having demonstrated competency
17 in all required skills.
18 [(3)] (iii) Takes and passes a written examination for
19 EMT-paramedics prescribed by the department.
20 (2) A person who INITIALLY meets the requirements of <--
21 subsections (c) and (d) PARAGRAPH (1) shall be considered <--
22 permanently certified as an EMT-paramedic within this
23 Commonwealth, subject to decertification, for demonstrated
24 cause, by the department.
25 (i) The advanced life support service medical
26 director shall have continued authority to grant or deny
27 medical command authorization to practice as an EMT-
28 paramedic. The advanced life support service medical
29 director shall base a decision on whether to grant or
30 deny medical command authorization upon demonstrated
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1 competency in knowledge and skills by an EMT-paramedic as
2 defined in the department's emergency medical services
3 training manual. The department, upon consultation with
4 the council, shall review and update the emergency
5 medical services training manual not less than
6 biennially. A person denied medical command authorization
7 to practice as an EMT-paramedic shall have the right to
8 appeal the decision to the regional medical director, the
9 Commonwealth medical director and finally to the
10 department for disposition.
11 (ii) The department shall promulgate rules and
12 regulations governing decertification of EMT-paramedics.
13 (3) Notwithstanding the provisions of the Medical
14 Practice Act of 1974, or the provisions of any other act to
15 the contrary, any person with a valid certification from the
16 department as an EMT-paramedic may, in the case of an
17 emergency, perform those duties as deemed appropriate by the
18 department in accordance with rules and regulations
19 promulgated under this act.
20 * * *
21 Section 3. (a) The provisions of this act shall apply to an <--
22 emergency medical technician certified after January 1, 1990.
23 (b) Any emergency medical technician certified prior to
24 January 1, 1990, shall be required to be recertified prior to
25 being eligible under the provisions of this act.
26 Section 4. The provisions of 28 Pa. Code § 1003.24(d)
27 (relating to recertification requirements) are nullified.
28 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
29 SECTION 11.1. SUSPENSION, REVOCATION OR REFUSAL OF DEPARTMENT
30 CERTIFICATION.
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1 (A) GENERAL RULE.--THE DEPARTMENT MAY SUSPEND, REVOKE OR
2 REFUSE TO ISSUE OR RENEW THE CERTIFICATION OF EMS PERSONNEL UPON
3 COMPLAINT AND INVESTIGATION FOR THE FOLLOWING REASONS:
4 (1) DEMONSTRATED INCOMPETENCE OR INABILITY TO PROVIDE
5 ADEQUATE SERVICES.
6 (2) DECEPTIVE OR FRAUDULENT PROCUREMENT OF CERTIFICATION
7 CREDENTIALS.
8 (3) WILLFUL OR NEGLIGENT PRACTICE BEYOND THE SCOPE OF
9 CERTIFICATION AUTHORIZATION.
10 (4) ABUSE OR ABANDONMENT OF A PATIENT.
11 (5) THE RENDERING OF SERVICES WHILE UNDER THE INFLUENCE
12 OF ALCOHOL OR DRUGS.
13 (6) THE OPERATION OF AN EMERGENCY VEHICLE IN A RECKLESS
14 MANNER OR WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
15 (7) UNAUTHORIZED DISCLOSURE OF MEDICAL OR OTHER
16 CONFIDENTIAL INFORMATION.
17 (8) WILLFUL PREPARATION OR FILING OF FALSE MEDICAL
18 REPORTS OR RECORDS, OR THE INDUCEMENT OF OTHERS TO DO SO.
19 (9) DESTRUCTION OF MEDICAL RECORDS.
20 (10) REFUSAL TO RENDER MEDICAL EMERGENCY CARE BECAUSE OF
21 A PATIENT'S RACE, SEX, CREED, NATIONAL ORIGIN, SEXUAL
22 PREFERENCE, AGE, HANDICAP, MEDICAL PROBLEM OR FINANCIAL
23 INABILITY TO PAY.
24 (11) FAILURE TO COMPLY WITH REGIONAL EMS COUNCIL
25 PROTOCOLS.
26 (12) FAILURE TO COMPLY WITH AMBULANCE TRIP REPORTING
27 REQUIREMENTS.
28 (13) FAILURE TO COMPLETE CONTINUING EDUCATION
29 REQUIREMENTS PRESCRIBED BY THE DEPARTMENT.
30 (14) CONVICTION OF A FELONY OR CRIME INVOLVING MORAL
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1 TURPITUDE. CONVICTION INCLUDES A JUDICIAL FINDING OR VERDICT
2 OF GUILT, A PLEA OF GUILTY OR A PLEA OF NOLO CONTENDERE.
3 (15) INTENTIONAL FAILURE TO COMPLETE DETAILS ON A
4 PATIENT'S MEDICAL RECORD.
5 (16) MISUSE OR MISAPPROPRIATION OF DRUGS OR MEDICATION
6 FROM AN AMBULANCE.
7 (17) OTHER REASONS AS DETERMINED BY THE DEPARTMENT WHICH
8 POSE A POTENTIAL THREAT TO THE HEALTH AND SAFETY OF THE
9 PUBLIC.
10 (18) FAILURE TO COMPLY WITH SKILL MAINTENANCE
11 REQUIREMENTS ESTABLISHED BY THE DEPARTMENT.
12 (B) SUSPENSION TERM.--A SUSPENSION SHALL REMAIN IN EFFECT
13 FOR A DEFINITE PERIOD OF TIME, NOT TO EXCEED THREE YEARS. IF A
14 SUSPENSION PERIOD EXTENDS BEYOND THE EXPIRATION DATE OF THE
15 CERTIFICATION, THE INDIVIDUAL MAY NOT APPLY FOR RECERTIFICATION
16 UNTIL THE FULL SUSPENSION PERIOD HAS EXPIRED.
17 (C) REVOCATION PERIOD.--A REVOCATION SHALL REMAIN IN EFFECT
18 FOR A DEFINITE PERIOD OF TIME, NOT LESS THAN THREE YEARS NOR
19 MORE THAN SIX YEARS. FOLLOWING THE PERIOD DURING WHICH THE
20 CERTIFICATION HAS BEEN REVOKED, THE INDIVIDUAL MAY APPLY FOR
21 RECERTIFICATION.
22 (D) APPEAL.--A REVOCATION OR SUSPENSION OF CERTIFICATION MAY
23 BE APPEALED UNDER 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE
24 AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 2 PA.C.S. CH. 7
25 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY
26 ACTION).
27 SECTION 4. THE PROVISIONS OF 28 PA. CODE §§ 1003.23(B)(3)
28 (RELATING TO CERTIFICATION REQUIREMENTS) AND 1003.24(D)
29 (RELATING TO RECERTIFICATION REQUIREMENTS) ARE ABROGATED.
30 SECTION 5. IN THE EVENT AFTER ONE YEAR OF THE EFFECTIVE DATE
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1 OF SECTION 11(B)(2)(I) OF THE ACT NO PRIVATE PROVIDERS OFFER OR
2 MEET THE DEPARTMENT OF HEALTH'S REQUIREMENTS FOR CONTINUING
3 EDUCATION AND TRAINING PROGRAMS, THE DEPARTMENT SHALL HAVE AN
4 ADDITIONAL YEAR TO CREATE AND IMPLEMENT CONTINUING EDUCATION AND
5 TRAINING PROGRAMS.
6 Section 5 6. This act shall take effect immediately JULY 1, <--
7 1994.
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