| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 245, 678, 1071 | PRINTER'S NO. 1312 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, WAUGH, WASHINGTON, RAFFERTY, ALLOWAY, ROBBINS, BRUBAKER, MUSTO, ORIE, EARLL, FERLO, GORDNER, O'PAKE, STOUT, YAW, TOMLINSON, ERICKSON, BROWNE, WOZNIAK AND BOSCOLA, FEBRUARY 19, 2009 |
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| AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 15, 2009 |
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| AN ACT |
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1 | Amending Titles 35 (Health and Safety) and 75 (Vehicles) of the |
2 | Pennsylvania Consolidated Statutes, regulating emergency |
3 | medical services systems; providing for licensure; conferring |
4 | powers and duties on the Department of Health; further |
5 | defining "emergency vehicle"; providing for penalties; |
6 | providing for Emergency Medical Services Operating Fund |
7 | distributions; and making a related repeal. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Title 35 of the Pennsylvania Consolidated |
11 | Statutes is amended by adding a chapter to read: |
12 | CHAPTER 72 |
13 | EMERGENCY MEDICAL SERVICES SYSTEM |
14 | Subchapter |
15 | A. Preliminary Provisions |
16 | B. Program |
17 | C. Miscellaneous Provisions |
18 | SUBCHAPTER A |
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1 | PRELIMINARY PROVISIONS |
2 | Sec. |
3 | 7201. Short title of chapter. |
4 | 7202. Declaration of policy. |
5 | 7203. Definitions. |
6 | 7204. Emergency medical services system programs. |
7 | 7205. Duties of department. |
8 | 7206. Emergency medical services patient care reports. |
9 | 7207. Pennsylvania Trauma Systems Foundation. |
10 | 7208. State Advisory Board. |
11 | 7209. Regional emergency medical services councils. |
12 | § 7201. Short title of chapter. |
13 | This chapter shall be known and may be cited as the Emergency |
14 | Medical Services System Act. |
15 | § 7202. Declaration of policy. |
16 | The General Assembly finds and declares as follows: |
17 | (1) Emergency medical services is an essential public |
18 | service and frequently the health care safety net for many |
19 | Commonwealth residents. |
20 | (2) It is in the public interest to assure that there |
21 | are high quality and coordinated emergency and urgent medical |
22 | services readily available to the residents of this |
23 | Commonwealth to prevent premature death and reduce suffering |
24 | and disability which arise from severe illness and injury. |
25 | (3) The public interest under paragraph (2) is best |
26 | achieved through a regulated and coordinated emergency |
27 | medical services system. |
28 | (4) Transportation of both emergency and nonemergency |
29 | patients is an integral part of the health care delivery |
30 | system in this Commonwealth, and it is in the public interest |
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1 | that the emergency medical services system serve all persons |
2 | in this Commonwealth who: |
3 | (i) require medical care to address illness or |
4 | injury; |
5 | (ii) need transportation to a hospital or other |
6 | health care facility to receive that care; and |
7 | (iii) require medical assessment, monitoring, |
8 | assistance, treatment or observation during |
9 | transportation. |
10 | (5) It serves the public interest if the emergency |
11 | medical services system is able to quickly adapt and evolve |
12 | to meet the needs of the residents of this Commonwealth for |
13 | emergency and urgent medical care and to reduce their illness |
14 | and injury risks. |
15 | (6) It serves the public interest if the emergency |
16 | medical services system provides community-based health |
17 | promotion services that are integrated with the overall |
18 | health care system. |
19 | (7) Emergency medical services should be acknowledged, |
20 | promoted and supported as an essential public service. |
21 | (8) This chapter shall be liberally construed to |
22 | establish and maintain an effective and efficient emergency |
23 | medical services system which is accessible on a uniform |
24 | basis to residents of this Commonwealth and to visitors to |
25 | this Commonwealth. |
26 | (9) Residents of this Commonwealth and visitors to this |
27 | Commonwealth should have prompt and unimpeded access to |
28 | urgent and emergency medical care throughout this |
29 | Commonwealth. |
30 | (10) The Department of Health should continually assess |
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1 | and, as needed, revise the functions of emergency medical |
2 | services agencies and providers and other components of the |
3 | emergency medical services system that it regulates under |
4 | this chapter, to: |
5 | (i) improve the quality of emergency medical |
6 | services provided in this Commonwealth; |
7 | (ii) have the emergency medical services system |
8 | adapt to changing needs of the residents of this |
9 | Commonwealth; and |
10 | (iii) promote the recruitment and retention of |
11 | persons willing and qualified to serve as emergency |
12 | medical services providers in this Commonwealth. |
13 | (11) The emergency medical services system should be |
14 | fully integrated with the overall health care system, and in |
15 | particular with the public health system, to identify, modify |
16 | and manage illness and injury and illness and injury risks. |
17 | § 7203. Definitions. |
18 | The following words and phrases when used in this chapter |
19 | shall have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | "Advanced emergency medical services." Emergency medical |
22 | services exceeding the scope of practice of an emergency medical |
23 | technician. |
24 | "Advanced emergency medical technician." An individual who |
25 | is certified by the Department of Health as an advanced |
26 | emergency medical technician. |
27 | "Advanced life support squad vehicle." A vehicle which: |
28 | (1) is maintained or operated to transport emergency |
29 | medical service providers above the advanced emergency |
30 | medical technician level, equipment and supplies to |
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1 | rendezvous with the crew of an ambulance for the purpose of |
2 | providing advanced emergency medical services to patients; |
3 | and |
4 | (2) is not used in the transportation of patients. |
5 | "ALS." Advanced life support. |
6 | "Ambulance." A ground, water or air vehicle which is |
7 | maintained or operated for the purpose of providing emergency |
8 | medical services to and transportation of patients. |
9 | "Ambulance attendant." An individual who is 16 years of age |
10 | or older and satisfies one of the following: |
11 | (1) Possesses a certificate evidencing successful |
12 | completion of an advanced first aid course sponsored by the |
13 | American Red Cross and a current certificate evidencing |
14 | successful completion of a cardiopulmonary resuscitation |
15 | course acceptable to the Department of Health. |
16 | (2) Possesses a current certificate evidencing |
17 | successful completion of a course determined by the |
18 | Department of Health to be equivalent to the requirements in |
19 | paragraph (1). |
20 | "Basic emergency medical services" or "basic EMS." Emergency |
21 | medical services included within, but not exceeding, the scope |
22 | of practice of an emergency medical technician. |
23 | "Basic life support squad vehicle." A vehicle which: |
24 | (1) is maintained or operated to transport emergency |
25 | medical services providers, equipment and supplies to |
26 | rendezvous with the crew of an ambulance for the purpose of |
27 | providing emergency medical services at or below the advanced |
28 | emergency medical technician level to patients; and |
29 | (2) is not used in the transportation of patients. |
30 | "BLS." Basic life support. |
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1 | "Board." The State Advisory Board, which is the Board of |
2 | Directors of the Pennsylvania Emergency Health Services Council. |
3 | "Commonwealth emergency medical services medical director" or |
4 | "Commonwealth EMS medical director." A physician who is |
5 | approved and employed by the Department of Health to advise and |
6 | formulate policy on matters pertaining to emergency medical |
7 | services. |
8 | "Department." The Department of Health of the Commonwealth. |
9 | "Emergency." A physiological or psychological illness or |
10 | injury of an individual, such that a prudent layperson who |
11 | possesses an average knowledge of health and medicine could |
12 | reasonably expect the absence of immediate emergency medical |
13 | services to result in: |
14 | (1) placing the health of the individual or, with |
15 | respect to a pregnant woman, the health of the woman or her |
16 | unborn child, in serious jeopardy; |
17 | (2) serious impairment of bodily functions; or |
18 | (3) serious dysfunction of a bodily organ or part. |
19 | "Emergency medical responder" or "EMR." An individual who is |
20 | certified by the Department of Health as an emergency medical |
21 | responder. |
22 | "Emergency medical services" or "EMS." Any of the following: |
23 | (1) The medical care, including medical assessment, |
24 | monitoring, treatment, transportation and observation, which |
25 | may be provided to a person in responding to an actual or |
26 | reported emergency to: |
27 | (i) prevent or protect against loss of life or a |
28 | deterioration in physiological or psychological |
29 | condition; or |
30 | (ii) address pain or morbidity associated with the |
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1 | person's condition. |
2 | (2) The transportation of an individual with medical |
3 | assessment, monitoring, treatment or observation of the |
4 | individual who, due to the individual's condition, requires |
5 | medical assessment, monitoring, treatment or observation |
6 | during the transport. |
7 | "Emergency medical services agency" or "EMS agency." An |
8 | entity that engages in the business or service of providing |
9 | emergency medical services to patients within this Commonwealth |
10 | by operating any of the following: |
11 | (1) An ambulance. |
12 | (2) An advanced life support squad vehicle. |
13 | (3) A basic life support squad vehicle. |
14 | (4) A quick response service. |
15 | (5) A special operations EMS service. This paragraph |
16 | includes, but is not limited to: |
17 | (i) a tactical EMS service; |
18 | (ii) a wilderness EMS service; |
19 | (iii) a mass-gathering EMS service; and |
20 | (iv) an urban search and rescue EMS service. |
21 | (6) A vehicle or service which provides emergency |
22 | medical services outside of a health care facility, as |
23 | prescribed by the Department of Health by regulation. |
24 | "Emergency medical services agency medical director" or "EMS |
25 | agency medical director." A physician who is employed by, |
26 | contracts with or volunteers with an emergency medical services |
27 | agency either directly or through an intermediary to: |
28 | (1) evaluate the quality of patient care provided by the |
29 | emergency medical services providers utilized by the |
30 | emergency medical services agency; and |
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1 | (2) provide medical guidance and advice to the emergency |
2 | medical services agency. |
3 | "Emergency medical services provider" or "EMS provider." Any |
4 | of the following: |
5 | (1) An emergency medical responder. |
6 | (2) An emergency medical technician. |
7 | (3) An advanced emergency medical technician. |
8 | (4) A paramedic. |
9 | (5) A prehospital registered nurse. |
10 | (6) A prehospital physician extender. |
11 | (7) A prehospital emergency medical services physician. |
12 | (8) An individual prescribed by regulation of the |
13 | Department of Health to provide specialized emergency medical |
14 | services. |
15 | "Emergency medical services system" or "EMS system." The |
16 | arrangement of personnel, facilities and equipment to prevent |
17 | and manage emergencies in a geographic area. |
18 | "Emergency medical services vehicle operator" or "EMS vehicle |
19 | operator." An individual certified by the Department of Health |
20 | to operate a ground emergency medical services vehicle. |
21 | "Emergency medical technician" or "EMT." An individual who |
22 | is certified by the Department of Health as an emergency medical |
23 | technician. |
24 | "Facility." A physical location at which an entity operates |
25 | a health care facility licensed under Federal or State law. |
26 | "Foundation." The Pennsylvania Trauma Systems Foundation, a |
27 | nonprofit Pennsylvania corporation whose function is to accredit |
28 | trauma centers in this Commonwealth that receive or seek to | <-- |
29 | receive Commonwealth funds. |
30 | "Hospital." An institution having an organized medical staff |
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1 | that is primarily engaged in providing to inpatients, by or |
2 | under the supervision of physicians, diagnostic and therapeutic |
3 | services or rehabilitation services for the care or |
4 | rehabilitation of injured, disabled, pregnant, diseased, sick or |
5 | mentally ill persons. The term includes a facility for the |
6 | diagnosis and treatment of disorders within the scope of |
7 | specific medical specialties. The term does not include a |
8 | facility caring exclusively for the mentally ill. |
9 | "Medical command facility." A distinct unit which contains |
10 | the necessary equipment and personnel for providing medical |
11 | command to and control over emergency medical services |
12 | providers. |
13 | "Medical command order." An order issued by a medical |
14 | command physician to an emergency medical services provider who |
15 | is functioning on behalf of an emergency medical services |
16 | agency. |
17 | "Medical command physician." A physician certified by the |
18 | Department of Health to give medical command orders to emergency |
19 | medical services providers. |
20 | "Medical monitoring." Performing continuous or periodic |
21 | observations of an individual's condition or continuation of an |
22 | ordered treatment plan for an individual to prevent pain, |
23 | suffering or the exacerbation of a preexisting condition. |
24 | "Medical observation." Performing continuous or periodic |
25 | observations of an individual's stable condition to determine |
26 | whether there is a change in that condition. |
27 | "Paramedic." An individual who is certified by the |
28 | Department of Health as a paramedic. |
29 | "Patient." An individual for whom an emergency medical |
30 | services provider is: |
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1 | (1) providing emergency medical services on behalf of an |
2 | EMS agency; or |
3 | (2) required to provide emergency medical services on |
4 | behalf of an EMS agency because the individual's condition |
5 | requires or may require medical observation, monitoring, |
6 | assessment or treatment for an illness, disease, injury or |
7 | other disability. |
8 | "Peer review." The evaluation by health care providers of |
9 | the quality and efficiency of services ordered or performed by |
10 | emergency medical services providers and physicians who direct |
11 | or supervise EMS providers under this chapter and the |
12 | regulations of the Department of Health. |
13 | "Physician." A person who has a currently registered license |
14 | to practice medicine or osteopathic medicine in this |
15 | Commonwealth. |
16 | "Prehospital emergency medical services physician" or |
17 | "prehospital EMS physician." A physician who is certified by |
18 | the Department of Health as a prehospital emergency medical |
19 | services physician. |
20 | "Prehospital physician extender" or "PHPE." A physician |
21 | assistant who is certified by the Department of Health as a |
22 | prehospital physician extender. |
23 | "Prehospital registered nurse" or "PHRN." A registered nurse |
24 | who is certified by the Department of Health as a prehospital |
25 | registered nurse. |
26 | "Quick response service" or "QRS." An operation in which |
27 | emergency medical services providers of an EMS agency: |
28 | (1) respond to an actual, reported or perceived |
29 | emergency; and |
30 | (2) provide emergency medical services to patients |
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1 | pending the arrival of an ambulance. |
2 | "Regional emergency medical services council" or "regional |
3 | EMS council." A nonprofit incorporated entity or appropriate |
4 | equivalent that is assigned by the Department of Health to: |
5 | (1) plan, develop, maintain, expand and improve |
6 | emergency medical services systems within a specific |
7 | geographic area of this Commonwealth; and |
8 | (2) coordinate those systems into a regional emergency |
9 | medical services system. |
10 | "Regional emergency medical services medical director" or |
11 | "regional EMS medical director." The medical director of a |
12 | regional emergency medical services council. |
13 | "Review organization." A committee which engages in peer |
14 | review as authorized by the regulations of the Department of |
15 | Health. |
16 | "Rural area." An area outside urbanized areas as defined by |
17 | the United States Bureau of the Census. |
18 | "Special care unit." An appropriately equipped area of a |
19 | hospital where provisions have been made for a concentration of |
20 | physicians, nurses and others who have special skills and |
21 | experiences to provide medical care for critically ill patients. |
22 | "Trauma center." A facility accredited as a trauma center by |
23 | the Pennsylvania Trauma Systems Foundation. |
24 | § 7204. Emergency medical services system programs. |
25 | (a) Planning and coordination.--The department shall plan, |
26 | guide and coordinate programs on the following matters to |
27 | promote effective and efficient operation of Statewide and |
28 | regional EMS systems: |
29 | (1) The number and distribution of EMS providers and |
30 | other persons integral to an EMS system, such as medical |
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1 | command physicians and EMS agency medical directors, with |
2 | appropriate training and experience. |
3 | (2) Reasonably accessible training for EMS providers and |
4 | other persons integral to an EMS system, including clinical |
5 | training and continuing education programs coordinated with |
6 | other programs providing similar, complementary and |
7 | supplemental training and education. |
8 | (3) The joining of personnel, facilities and equipment |
9 | coordinated through a communication system to ensure that EMS |
10 | requests will be handled by communications facilities that: |
11 | (i) utilize emergency medical telecommunications |
12 | screening to determine the appropriate emergency agency |
13 | response; |
14 | (ii) are accessible to the general public through a |
15 | common telephone number and, where feasible, through the |
16 | universal emergency telephone number 911; and |
17 | (iii) will have direct communications with |
18 | appropriate personnel facilities and equipment resources. |
19 | (4) The number and distribution of ambulances and other |
20 | EMS vehicles in which: |
21 | (i) ambulances and other vehicles meet appropriate |
22 | criteria relating to location, design, performance and |
23 | equipment; and |
24 | (ii) operators and other personnel staffing vehicles |
25 | meet appropriate training and experience requirements. |
26 | (5) The number and accessibility of facilities that: |
27 | (i) are collectively capable of providing EMS on a |
28 | continuous basis; |
29 | (ii) have appropriate specialty capabilities; |
30 | (iii) meet appropriate standards relating to |
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1 | capacity, location, personnel and equipment; and |
2 | (iv) are coordinated with other health care |
3 | facilities and resource centers. |
4 | (6) Access and transportation to trauma centers and |
5 | specialty care receiving facilities. |
6 | (7) Transfer of patients between facilities or to |
7 | programs offering necessary follow-up care and |
8 | rehabilitation. |
9 | (8) Utilization of appropriate personnel, facilities and |
10 | equipment of each entity providing EMS. |
11 | (9) Regional EMS councils that provide persons residing |
12 | in an EMS region, and who have no professional or financial |
13 | interest in the provision of health care, with an adequate |
14 | opportunity to participate in the making of policy for the |
15 | regional EMS system. |
16 | (10) The provision of EMS to all persons requiring those |
17 | services. |
18 | (11) A standardized data collection system that covers |
19 | all phases of the EMS incident, including, but not limited |
20 | to, the dispatch report and contact, treatment and transport |
21 | of a patient in the EMS system. |
22 | (12) Programs of public education, information and |
23 | prevention, integrated with public health education and |
24 | taking into account needs of visitors and residents, |
25 | concerning methods for accessing EMS and stressing |
26 | dissemination of information as to first aid and |
27 | cardiopulmonary resuscitation. |
28 | (13) The provision of periodic comprehensive review and |
29 | evaluation of the extent and quality of the EMS provided in |
30 | each regional EMS system and reports to the department of |
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1 | each review or evaluation. |
2 | (14) Plans to assure that each regional EMS system will |
3 | be able to provide or secure EMS during mass casualty |
4 | situations, natural disasters and declared states of |
5 | emergency in accordance with Chapter 71 (relating to general |
6 | provisions) and the instructions of the Pennsylvania |
7 | Emergency Management Agency. |
8 | (15) Appropriate intrastate and interstate arrangements |
9 | for the provision of EMS as needed. |
10 | (b) Limitations.--This section is intended to identify EMS |
11 | objectives to be pursued and achieved by the department in its |
12 | role as lead agency for EMS. Nothing herein shall be construed |
13 | to confer regulatory powers upon the department beyond those |
14 | conferred elsewhere in this chapter. |
15 | § 7205. Duties of department. |
16 | (a) Duty.--It shall be the duty of the department to assist |
17 | in the development of local EMS systems; plan, guide and |
18 | coordinate the development of regional EMS systems into a |
19 | unified Statewide system; and coordinate systems in this |
20 | Commonwealth with similar systems in neighboring states. |
21 | (b) Authority.--The department shall be the lead agency for |
22 | EMS in this Commonwealth. The department is authorized to: |
23 | (1) Coordinate a program for planning, developing, |
24 | maintaining, expanding, improving and upgrading EMS systems |
25 | in this Commonwealth. |
26 | (2) Establish, by regulation, standards and criteria |
27 | governing the awarding and administration of contracts and |
28 | grants under this chapter for initiation, maintenance and |
29 | improvement of regional EMS systems. |
30 | (3) Require collection and maintenance of patient data |
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1 | and information in EMS patient care reports by EMS agencies. |
2 | (4) Collect, as deemed necessary and appropriate, data |
3 | and information regarding patients who utilize emergency |
4 | departments without being admitted to the facility and |
5 | patients admitted through emergency departments, trauma |
6 | centers or directly to special care units, in a manner that |
7 | protects and maintains the confidential nature of patient |
8 | records. The data and information shall be reasonable in |
9 | detail and shall be collected pursuant to regulations issued |
10 | by the department. Data and information shall be limited to |
11 | that which may be used for specific planning, research and |
12 | quality improvement purposes and shall not be duplicative of |
13 | data and information already available to the department. |
14 | (5) Prepare and revise a Statewide EMS system plan under |
15 | section 7211 (relating to comprehensive plan). |
16 | (6) Define and approve training programs and accredit |
17 | educational institutions for EMS training of EMS providers. |
18 | (7) Provide technical assistance to local governments, |
19 | EMS agencies and other entities for the purpose of assuring |
20 | effective planning and execution of EMS. |
21 | (8) Administer contracts and grants authorized under |
22 | this chapter and other grants pertaining to EMS. |
23 | (9) Establish standards for the licensing, registration |
24 | and operation of EMS agencies, and inspect EMS agencies for |
25 | compliance with this chapter and regulations adopted under |
26 | this chapter. |
27 | (10) Maintain a quality improvement program for the |
28 | purpose of monitoring and improving the delivery of EMS. |
29 | (11) Promulgate regulations to establish standards and |
30 | criteria for EMS systems. |
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1 | (12) Integrate all trauma centers accredited pursuant to |
2 | section 7207 (relating to Pennsylvania Trauma Systems |
3 | Foundation) into the Statewide EMS system. |
4 | (13) Recommend to 911 and other EMS agency dispatchers |
5 | protocols with respect to the type and quantity of EMS |
6 | resources to dispatch to emergencies. |
7 | (14) Investigate, based upon complaints and information |
8 | received, possible violations of this chapter and regulations |
9 | under this chapter and take disciplinary actions, seek |
10 | injunctions and refer matters for criminal prosecution. |
11 | (15) Investigate complaints concerning delivery of |
12 | services by trauma centers and forward investigation results |
13 | to the appropriate accrediting entity with a recommendation |
14 | for action. |
15 | (16) Enter into agreements with other states which may |
16 | include, as appropriate to effectuate the purposes of this |
17 | chapter, the acceptance of EMS resources of other states that |
18 | do not fully satisfy the requirements of this chapter or |
19 | regulations adopted under this chapter. |
20 | (c) EMS protocols.--The department shall establish criteria |
21 | and protocols, including bypass protocols, for evaluation, |
22 | triage, treatment, transport, transfer and referral of patients |
23 | to ensure that they receive appropriate EMS and are transported |
24 | to the most appropriate facility. Regional EMS councils shall |
25 | not be eligible for contracts or grant funds or State EMS |
26 | Operating Fund disbursements unless they assist in ensuring |
27 | regional implementation of the criteria and protocols. Protocols |
28 | under this subsection are not subject to the rulemaking process. |
29 | § 7206. Emergency medical services patient care reports. |
30 | (a) Preparation.--An EMS agency shall ensure that its |
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1 | responding EMS providers complete an EMS patient care report for |
2 | each response made in which it encounters a patient or a person |
3 | who has been identified as a patient to the EMS agency, unless |
4 | the department by regulation exempts certain types of patient |
5 | contact from the reporting requirement. The department shall |
6 | employ an electronic EMS patient care reporting process that |
7 | shall solicit standardized data and patient information. The |
8 | department may require an EMS agency to complete a different |
9 | standardized report or different fields in a standardized report |
10 | based upon the type of resources the EMS agency uses in |
11 | responding. The department shall permit an EMS agency to file a |
12 | paper report for extraordinary reasons as determined by the |
13 | department on a case-by-case basis. |
14 | (b) Content.--The report shall contain information as |
15 | solicited on the form or other reporting process developed by |
16 | the department. The reporting process shall solicit essential |
17 | information in reasonable detail. The department may also use |
18 | the reporting process to collect data to enhance its ability to |
19 | carry out its responsibilities under sections 7204 (relating to |
20 | emergency medical services system programs) and 7205 (relating |
21 | to duties of department). |
22 | (c) Patient medical record.--If a patient is transported to |
23 | a hospital or from a hospital to another health care facility, |
24 | information about the patient and EMS performed on the patient |
25 | that is solicited through the reporting process shall be |
26 | provided by the EMS agency to the hospital or other health care |
27 | facility and become part of the patient's medical record. |
28 | (d) Reporting.--An EMS agency shall report to the department |
29 | or a regional EMS council, as determined by department |
30 | regulation, data that is solicited through the reporting |
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1 | process. |
2 | (e) Confidentiality.-- |
3 | (1) Patient information collected by an EMS agency shall |
4 | be confidential and shall not be released by the EMS agency |
5 | or a health care facility except as follows: |
6 | (i) To the patient who is the subject of the report |
7 | or to a person who is authorized to exercise the rights |
8 | of the patient with respect to securing the report. |
9 | (ii) Pursuant to an order of a court of competent |
10 | jurisdiction, including a subpoena when it constitutes a |
11 | court order, except that disclosure pursuant to a |
12 | subpoena shall not be permitted as to information in the |
13 | report that is of such nature that disclosure pursuant to |
14 | a subpoena is not otherwise authorized by law. |
15 | (iii) To a health care provider to whom a patient's |
16 | medical record may be released under the law. |
17 | (iv) For billing purposes. |
18 | (v) For quality improvement activities. |
19 | (vi) To the department or a regional EMS council for |
20 | the purpose of investigating possible violations of this |
21 | chapter or related regulations. |
22 | (vii) To a government agency or its agent, as |
23 | authorized by the department, for the purpose of the |
24 | agency performing official government duties. |
25 | (2) Notwithstanding the duty of confidentiality |
26 | applicable to department and regional EMS councils concerning |
27 | reports under paragraph (1), the report may be released for |
28 | specific research or EMS planning purposes approved by the |
29 | department, subject to department approval and supervision to |
30 | ensure that use of the report is strictly limited to the |
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1 | purposes of the research. |
2 | (f) Vendors.--A vendor may not sell or otherwise provide or |
3 | offer reporting forms or software marketed as appropriate for |
4 | use in making reports required under this section unless the |
5 | vendor submits the product to the department for review and |
6 | receives department approval. Thereafter, the vendor shall |
7 | submit any modification of the product to the department for |
8 | review and approval if the vendor intends to offer the modified |
9 | product for use in the EMS patient care reporting process. If |
10 | the department makes changes to the EMS patient care report, it |
11 | shall publish a notice of the changes in the Pennsylvania |
12 | Bulletin. The effective date for the changes shall be no fewer |
13 | than 60 days following publication. After publication of |
14 | changes, a vendor may not market a product as one appropriate |
15 | for use in making an EMS patient care report, any reporting |
16 | forms or software approved by the department prior to |
17 | publication of the changes, unless the vendor clearly discloses |
18 | that the forms or software were approved prior to publication of |
19 | the changes. The department may assess a vendor a $5,000 civil |
20 | penalty for each day a vendor violates the provisions of this |
21 | subsection. |
22 | § 7207. Pennsylvania Trauma Systems Foundation. |
23 | (a) Trauma center accreditation.--The foundation shall |
24 | develop a private voluntary accreditation program to: |
25 | (1) Establish standards for the operation of trauma |
26 | centers in this Commonwealth that receive or seek to receive | <-- |
27 | Commonwealth funds, adopting, at a minimum, current |
28 | guidelines for trauma centers defined by the American College |
29 | of Surgeons. Additionally, Level III trauma centers shall |
30 | meet accreditation criteria for Level III trauma centers |
|
1 | imposed by the act of March 24, 2004, (P.L.148, No.15), known |
2 | as the Pennsylvania Trauma Systems Stabilization Act. For the |
3 | purpose of reaccreditation, the standards shall require, at a |
4 | minimum, that each Level I trauma center establish that 600 |
5 | severe and urgent injury cases have been treated per year and |
6 | each Level II trauma center establish that 350 severe and |
7 | urgent injury cases have been treated per year. |
8 | (2) Evaluate a hospital making application to the |
9 | foundation to determine if the hospital meets the |
10 | foundation's standards. An evaluation shall include hospital |
11 | site visits by accreditation survey teams composed of |
12 | independent, qualified persons selected by the foundation. |
13 | (3) Issue certificates of accreditation to hospitals |
14 | that meet the accreditation standards. Certificates of |
15 | accreditation shall be valid for a period not to exceed three |
16 | years. Certificates of accreditation may be revoked by the |
17 | foundation if it is determined that the trauma center no |
18 | longer meets accreditation standards as set forth in this |
19 | chapter. |
20 | (4) Establish an appeal mechanism for reconsideration of |
21 | accreditation decisions. |
22 | (b) Judicial review.--A person aggrieved by a determination |
23 | of the foundation under this section may file a petition for |
24 | review within 30 days in an appropriate court of common pleas. |
25 | (c) Prohibition.--No hospital shall hold itself out as a |
26 | trauma center unless it has a current certificate of |
27 | accreditation issued under this section. |
28 | (d) Board of directors.--The board of directors of the |
29 | foundation shall consist of the following voting members: five |
30 | representatives of State organizations representing physicians; |
|
1 | five representatives of State organizations representing |
2 | hospitals; three representatives of State organizations |
3 | representing registered professional nurses; two representatives |
4 | of other Statewide EMS organizations having expertise in the |
5 | delivery of trauma services; the chairman and minority chairman |
6 | of the Public Health and Welfare Committee of the Senate or |
7 | designees chosen from among the members of the committee; the |
8 | chairman and minority chairman of the Health and Human Services |
9 | Committee of the House of Representatives or designees chosen |
10 | from among the members of the committee; and the Secretary of |
11 | Health or a designee. The bylaws of the foundation shall |
12 | identify a method to select members to achieve professional and |
13 | geographic balance on the board of directors. Terms of office |
14 | shall be limited to three years. |
15 | (e) Data collection.--The foundation shall compile and |
16 | maintain statistics on mortality and morbidity on multisystem |
17 | trauma victims. The data collection shall be coordinated and |
18 | performed in conjunction with State data collection activities. |
19 | § 7208. State Advisory Board. |
20 | (a) Designation and composition.--The board shall be |
21 | composed of volunteer, professional and paraprofessional |
22 | organizations involved in EMS. The board shall be geographically |
23 | representative of the provider organizations that represent EMS |
24 | providers, firefighters, regional EMS councils, physicians, |
25 | hospital administrators and other health care providers |
26 | concerned with EMS. The board may be composed of up to 30 |
27 | organizations. Each organization that is a member of the |
28 | Pennsylvania Emergency Health Services Council and is elected to |
29 | serve as a member on the board shall have one vote on the board. |
30 | (b) Duties.--The duties of the board shall be to: |
|
1 | (1) Elect officers. |
2 | (2) Advise the department concerning manpower and |
3 | training, communications, EMS agencies, content of |
4 | regulations, standards and policies promulgated by the |
5 | department under this chapter and other subjects deemed |
6 | appropriate by the department. |
7 | (3) Serve as the forum for discussion on the content of |
8 | the Statewide EMS system plan, or any proposed revisions |
9 | thereto, and advise the department as to the content of the |
10 | plan. |
11 | (c) Open meetings.--Meetings of the board shall be held in |
12 | accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings). |
13 | (d) Terms.--A voting member of the board shall serve a |
14 | three-year term. A voting member shall not serve more than two |
15 | consecutive terms. |
16 | (e) Quorum.--A simple majority of the voting members of the |
17 | board shall constitute a quorum for the transaction of business. |
18 | (f) Compensation.--Members of the board shall serve without |
19 | compensation, except the Pennsylvania Emergency Health Services |
20 | Council, through its contract or grant with the department, may |
21 | pay necessary and reasonable expenses incurred by members of the |
22 | board while performing their official duties. |
23 | (g) Contracts and grants.--The department shall contract |
24 | with or provide a grant to the board for performance of its work |
25 | under subsection (b). Contracts and grants between the |
26 | department and the board for the performance of work other than |
27 | under subsection (b) shall be subject to section 7212 (relating |
28 | to contracts and grants) where applicable. |
29 | § 7209. Regional emergency medical services councils. |
30 | (a) Purpose.--Regional EMS councils shall assist the |
|
1 | department in carrying out the provisions of this chapter. Each |
2 | regional EMS council shall adhere to policy direction from the |
3 | department. |
4 | (b) Organization.--For purposes of this chapter, the |
5 | organizational structure of a regional EMS council shall be |
6 | representative of the public, health professions and major |
7 | private and public voluntary agencies, organizations and |
8 | institutions concerned with providing EMS in the region and |
9 | shall be one of the following: |
10 | (1) A unit of general local government, with an advisory |
11 | council, meeting requirements for representation. |
12 | (2) A representative public entity administering a |
13 | compact or other area-wide arrangement or consortium. |
14 | (3) Any other public or private nonprofit entity that |
15 | meets requirements for representation as determined by the |
16 | department. |
17 | (c) Duties.--Each regional EMS council shall, if directed by |
18 | the department: |
19 | (1) Assist the department in achieving the Statewide and |
20 | regional EMS system components and goals described under |
21 | section 7204 (relating to emergency medical services system |
22 | programs). |
23 | (2) Assist the department in the collection and |
24 | maintenance of standardized data and information as provided |
25 | in section 7206 (relating to emergency medical services |
26 | patient care reports). |
27 | (3) Prepare, annually review and revise, as needed, a |
28 | regional EMS system plan for the EMS region the department |
29 | has designated and for which the department has contracted or |
30 | provided a grant to it to serve. |
|
1 | (4) Carry out, to the extent feasible, the Statewide and |
2 | regional EMS system plans. |
3 | (5) Assure the reasonable availability of training and |
4 | continuing education programs for EMS providers. |
5 | (6) Provide necessary and reasonable staff services and |
6 | appropriate and convenient office facilities that can serve |
7 | as the EMS region's location for the planning, maintenance |
8 | and coordinative and evaluative functions of the council. |
9 | (7) Establish a mechanism to provide for input from |
10 | facilities and EMS agencies in the EMS region in decisions |
11 | that include, but are not limited to, membership on its |
12 | governing body. |
13 | (8) Establish, subject to department approval, regional |
14 | EMS triage, treatment and transportation protocols consistent |
15 | with Statewide protocols adopted by the department. A |
16 | regional EMS council may also establish, subject to |
17 | department approval, additional triage, treatment and |
18 | transportation protocols. No regional protocol shall be |
19 | subject to the rulemaking process. |
20 | (9) Advise public safety answering points and municipal |
21 | and county governments as to the EMS resources available for |
22 | dispatching and recommend dispatch criteria that may be |
23 | developed by the department or the council as approved by the |
24 | department. |
25 | (10) Assist the department in achieving a unified |
26 | Statewide EMS system. |
27 | (11) Designate a regional EMS medical director and |
28 | establish a medical advisory committee and a quality |
29 | improvement committee. |
30 | (12) Develop a conflict of interest policy, subject to |
|
1 | department approval, and require its board or advisory |
2 | council members, officials and employees to agree to the |
3 | policy in writing. |
4 | (13) Perform other duties assigned by the department to |
5 | assist the department in carrying out the requirements of |
6 | this chapter. |
7 | (d) Regional EMS medical directors.--The department shall |
8 | consult with the regional EMS medical directors in developing |
9 | and adopting EMS protocols and may consult with them on any |
10 | matter involved in the department's administration of this |
11 | chapter. |
12 | SUBCHAPTER B |
13 | PROGRAM |
14 | Sec. |
15 | 7211. Comprehensive plan. |
16 | 7212. Contracts and grants. |
17 | 7213. Emergency medical services providers. |
18 | 7214. Emergency medical responders. |
19 | 7215. Emergency medical technicians. |
20 | 7216. Advanced emergency medical technicians. |
21 | 7217. Paramedics. |
22 | 7218. Prehospital registered nurses. |
23 | 7219. Prehospital physician extenders. |
24 | 7220. Prehospital emergency medical services physicians. |
25 | 7221. Certification sanctions. |
26 | 7222. Emergency medical services vehicle operators. |
27 | 7223. Suspension of certification. |
28 | 7224. Emergency medical services instructors. |
29 | 7225. Medical director of emergency medical services agency. |
30 | 7226. Medical command physicians and facility medical |
|
1 | directors. |
2 | 7227. Medical command facilities. |
3 | 7228. Receiving facilities. |
4 | 7229. Emergency medical services agencies. |
5 | 7230. Advanced life support ambulances. |
6 | 7231. Air ambulances. |
7 | 7232. Advanced life support squad vehicles. |
8 | 7233. Basic life support ambulances. |
9 | 7234. Basic life support squad vehicles. |
10 | 7235. Quick response services. |
11 | 7236. Special operations emergency medical services. |
12 | 7237. First aid and other safety services. |
13 | 7238. Other vehicles and services. |
14 | 7239. Stretcher and wheelchair vehicles. |
15 | 7240. Conditional temporary licenses. |
16 | 7241. Plans of correction. |
17 | 7242. Emergency medical services agency license sanctions. |
18 | § 7211. Comprehensive plan. |
19 | (a) Preparation.-- |
20 | (1) The department, with the assistance of the board, |
21 | shall prepare a Statewide EMS system plan, which plan shall |
22 | include both short-range and long-range goals and objectives, |
23 | and shall make the plan available to the General Assembly and |
24 | all concerned agencies, entities and individuals. |
25 | (2) A regional EMS system plan, upon approval of the |
26 | department, shall: |
27 | (i) Become part of the Statewide EMS system plan. |
28 | (ii) Include for the EMS region the same types of |
29 | information that subsection (b) requires for the |
30 | Statewide plan. |
|
1 | (b) Contents.--At a minimum, the Statewide plan shall |
2 | contain: |
3 | (1) An inventory of EMS resources available within this |
4 | Commonwealth. |
5 | (2) An assessment of the effectiveness of the existing |
6 | EMS system and a determination of the need for changes to the |
7 | EMS system. |
8 | (3) Performance measures for delivery of EMS to all |
9 | persons in this Commonwealth. |
10 | (4) Methods to be used in achieving the stated |
11 | performance measures. |
12 | (5) A schedule for achievement of the stated performance |
13 | measures. |
14 | (6) A method for monitoring and evaluating whether the |
15 | stated performance measures are being achieved. |
16 | (7) Estimated costs for achieving the stated performance |
17 | measures. |
18 | (c) Revisions.-- |
19 | (1) The department shall collect and analyze EMS data |
20 | for the purpose of: |
21 | (i) Revising the Statewide EMS system plan, |
22 | including determining the status of the Statewide EMS |
23 | system, the degree of compliance with the requirements of |
24 | this chapter and the effectiveness of EMS systems in |
25 | reducing morbidity and mortality associated with medical |
26 | emergencies. |
27 | (ii) Planning future EMS system initiatives. |
28 | (2) Persons regulated by the department under this |
29 | chapter and dispatchers of EMS agencies shall provide data, |
30 | without charge, as reasonably requested by the department and |
|
1 | regional EMS councils, to aid them in developing and revising |
2 | Statewide and regional EMS system plans and in conducting |
3 | investigations under this chapter as authorized by the |
4 | department. |
5 | (d) Annual reports.--The department shall annually publish |
6 | comprehensive and specific reports of activity and plan |
7 | implementation. |
8 | (e) Use of Statewide plan.-- |
9 | (1) The department shall use the Statewide plan for |
10 | contract and grant purposes as set forth in section 7212(a) |
11 | (relating to contracts and grants). |
12 | (2) Nothing in the Statewide plan shall be construed to |
13 | vest the department with any regulatory authority. |
14 | § 7212. Contracts and grants. |
15 | (a) General power.--The department may enter into contracts |
16 | or grants with entities to serve as regional EMS councils |
17 | responsible for the initiation, expansion, maintenance and |
18 | improvement of regional EMS systems that are in accordance with |
19 | the Statewide EMS system plan. |
20 | (b) Limitation.--An entity with which the department enters |
21 | into a contract or grant under this section to serve as a |
22 | regional EMS council shall carry out the duties assigned by the |
23 | department under section 7209(c) (relating to regional emergency |
24 | medical services councils). |
25 | (c) Purposes.--In contracting with or giving a grant to |
26 | regional EMS councils, the department may allocate Emergency |
27 | Medical Services Operating Fund moneys appropriated to the |
28 | department only for the following purposes: |
29 | (1) Providing programs of public education, information, |
30 | health promotion and prevention regarding EMS. |
|
1 | (2) Purchasing ambulances, other EMS vehicles, medical |
2 | equipment and rescue equipment. |
3 | (3) Applying to costs associated with conducting |
4 | training and testing programs for EMS providers. |
5 | (4) Applying to costs associated with inspections and |
6 | investigations conducted to assist the department to carry |
7 | out its regulatory authority under this chapter. |
8 | (5) Purchasing communications equipment and services, |
9 | including alerting equipment, provided that the purchases are |
10 | in accordance with the Statewide EMS system plan. |
11 | (6) Assisting with the merger of EMS agencies or |
12 | assisting an EMS agency to acquire another EMS agency, when |
13 | the department determines circumstances exist such that the |
14 | transaction and financial assistance are needed to serve the |
15 | public interest. |
16 | (7) Applying to costs associated with the maintenance |
17 | and operation of regional EMS councils. Those costs may |
18 | include, but shall not be limited to, salaries, wages and |
19 | benefits of staff, travel, equipment and supplies, leasing of |
20 | office space, and other costs incidental to the conduct of |
21 | business which are deemed by the department to be necessary |
22 | and appropriate for carrying out the purposes of this |
23 | chapter. |
24 | (8) Applying to costs associated with collection and |
25 | analysis of data necessary to evaluate the effectiveness of |
26 | EMS systems in providing EMS and to administer quality |
27 | improvement programs. |
28 | (9) Applying to costs associated with assisting EMS |
29 | agencies to recruit and retain EMS providers. |
30 | (d) Restriction.--In contracting with or providing grants to |
|
1 | regional EMS councils, the department may not allocate Emergency |
2 | Medical Services Operating Fund moneys appropriated to the |
3 | department for the following purposes: |
4 | (1) Acquisition, construction or rehabilitation of |
5 | facilities or buildings, except renovation as may be |
6 | necessary for the implementation or modification of EMS |
7 | communication systems. |
8 | (2) Purchasing hospital equipment, other than |
9 | communications equipment for medical command and receiving |
10 | facilities, unless the equipment is used or intended to be |
11 | used in an equipment exchange program with EMS agencies. |
12 | (3) Maintenance of ambulances, other EMS vehicles and |
13 | equipment. |
14 | (4) Applying to costs deemed by the department as |
15 | inappropriate for carrying out the purposes of this chapter. |
16 | (5) Applying to costs which are normally borne by |
17 | patients, except for extraordinary costs as determined by the |
18 | department. |
19 | (e) Reports.--The recipient of a contract or grant under |
20 | this chapter shall make reports to the department as may be |
21 | required by the department. |
22 | (f) Contract and grant prerequisites.--The department shall |
23 | not contract with or provide a grant to an entity for that |
24 | entity to serve as a regional EMS council unless: |
25 | (1) The entity has submitted a contract or grant |
26 | application to the department in a form and format prescribed |
27 | by the department that is consistent with the Statewide and |
28 | regional EMS system plans. |
29 | (2) The application addresses planning, maintenance and |
30 | improvement of the regional EMS system. |
|
1 | (3) The entity demonstrates to the department's |
2 | satisfaction the qualifications and commitment to plan, |
3 | maintain and improve a regional EMS system, and that the |
4 | entity has the required organizational structure and |
5 | provisions for representation of appropriate entities. |
6 | (g) Technical assistance.--The department shall provide |
7 | technical assistance, as appropriate, to regional EMS councils |
8 | and to such other eligible entities as necessary for the purpose |
9 | of their carrying out the provisions of contracts and grants |
10 | under this section, with special consideration for contractors |
11 | and grantees representing rural areas. |
12 | (h) Payments.--Payments pursuant to a contract or grant |
13 | under this section may be made in advance or by way of |
14 | reimbursement and in installments and on conditions as the |
15 | department determines will most effectively carry out the |
16 | provisions of this chapter. |
17 | (i) Other funds considered.-- |
18 | (1) In determining the amount of a contract or grant |
19 | under this section, the amount of funds available to the |
20 | contractor or grantee from non-State contributions and |
21 | Federal grant or contract programs pertaining to EMS shall be |
22 | taken into consideration. |
23 | (2) For purposes of this subsection, "non-State |
24 | contributions" include the outlay of cash and in-kind |
25 | services to the contractor or grantee or toward the operation |
26 | of a regional EMS system by private, public or government |
27 | third parties, including the Federal Government. |
28 | (j) Other contracts and grants.--The department may enter |
29 | into contracts and grants with organizations other than regional |
30 | EMS councils in order to assist the department in complying with |
|
1 | the provisions of this section and chapter. |
2 | (k) Public disclosure.-- |
3 | (1) Subject to the provisions of paragraph (2), |
4 | finalized contracts and grants shall be deemed public records |
5 | subject to disclosure. |
6 | (2) The department may not disclose information in |
7 | contracts or grants that could be used by persons to |
8 | undermine measures to combat, respond to or recover from |
9 | terrorist attacks. |
10 | (l) Sole source contract or grant.--Upon expiration of a |
11 | contract or grant with an entity to carry out the duties of a |
12 | regional EMS council as set forth in subsection (c), the |
13 | department, without undertaking a competitive bidding process, |
14 | may enter into a new contract or grant with the same entity for |
15 | that entity to continue to serve as a regional EMS council and |
16 | perform the duties set forth in subsection (c), as determined by |
17 | the department, if that entity, in carrying out the prior |
18 | contract or grant, demonstrated its ability and commitment to |
19 | the department's satisfaction to plan, maintain and improve the |
20 | regional EMS system consistent with the terms of the prior |
21 | contract or grant. |
22 | § 7213. Emergency medical services providers. |
23 | (a) Certification.--The department shall issue |
24 | certifications for the following types of EMS providers, which |
25 | shall be permanent, subject to disciplinary action pursuant to |
26 | section 7221 (relating to certification sanctions): |
27 | (1) Emergency medical responder. |
28 | (2) Emergency medical technician. |
29 | (3) Advanced emergency medical technician. |
30 | (4) Paramedic. |
|
1 | (5) Prehospital registered nurse. |
2 | (6) Prehospital physician extender. |
3 | (7) Prehospital EMS physician. |
4 | (8) Any other class of EMS provider the department |
5 | establishes by regulation. |
6 | (b) Other emergency medical services providers.--The |
7 | department may establish, by regulation as the need arises, |
8 | classes of EMS providers to provide specialized EMS. The |
9 | regulations shall establish certification, practice, |
10 | disciplinary and other provider standards consistent with the |
11 | purposes of this chapter, and the statutory regulatory schemes |
12 | applicable to paramedics except as necessary to meet the special |
13 | EMS needs for which the class of EMS provider is created. |
14 | (c) Application.--An applicant for EMS provider |
15 | certification shall complete an application for certification on |
16 | a form or through an electronic application process prescribed |
17 | by the department. |
18 | (d) Education.--The department shall assist, encourage and |
19 | coordinate the education of EMS providers. |
20 | (1) The department shall develop standards through |
21 | regulations for the accreditation, reaccreditation and |
22 | operation of educational institutes to provide the training |
23 | persons must successfully complete to be certified as EMS |
24 | providers. |
25 | (2) The department shall develop standards through |
26 | regulations for the approval of continuing education courses |
27 | for EMS providers and for the accreditation of persons and |
28 | Commonwealth agencies that provide continuing education EMS |
29 | providers may take to secure renewal of registration. |
30 | (3) The department, in consultation with the board, |
|
1 | shall review and update the permitted scope of continuing |
2 | education programs not less than biennially. |
3 | (4) If the educational institute or provider of |
4 | continuing education courses fails to satisfy the operational |
5 | standards or fails to continue to meet the accreditation |
6 | standards, the department may take one or more of the |
7 | following actions: |
8 | (i) Deny the application for reaccreditation. |
9 | (ii) Impose terms of probation. |
10 | (iii) Revoke, suspend, limit or otherwise restrict |
11 | the accreditation. |
12 | (iv) Impose a civil penalty not exceeding $1,000 for |
13 | each infraction. |
14 | (e) Examinations.-- |
15 | (1) A person who intends to secure EMS provider |
16 | certification shall take the required certification |
17 | examinations within one year after completing the EMS |
18 | provider training required for certification. |
19 | (2) Except as otherwise provided in this subsection, a |
20 | person who fails a written or practical skills examination |
21 | for an EMS provider certification may repeat the failed |
22 | examination without retaking the examination the person |
23 | passed. |
24 | (3) A person who fails the written examination three |
25 | times shall complete a refresher course approved by the |
26 | department or repeat the EMS provider training program before |
27 | taking the examination again. |
28 | (4) A person who fails the practical skills examination |
29 | three times shall complete a remedial course approved by the |
30 | department or repeat the EMS provider training program before |
|
1 | again taking the examination. |
2 | (5) A person who fails either examination six times or |
3 | who does not pass the required examinations within two years |
4 | after completing the EMS provider training program shall |
5 | receive no credit for an examination previously passed and |
6 | shall repeat the training program for the EMS provider |
7 | certification before the person may take the certification |
8 | examinations again. |
9 | (6) If the standards a person needs to satisfy to take a |
10 | certification examination change after the person has failed |
11 | the examination, the person may not retake the examination |
12 | unless the person meets the new standards. |
13 | (7) The department may, by regulation, change the |
14 | standards in this subsection. |
15 | (f) Reciprocity and endorsement.--The department may issue |
16 | EMS provider certifications by reciprocity or endorsement as |
17 | follows: |
18 | (1) If the department, upon review of the criteria for |
19 | certification of a type of EMS provider in another state, |
20 | determines that the criteria is substantially equivalent to |
21 | the criteria for a similar certification in this |
22 | Commonwealth, the department may enter into a reciprocity |
23 | agreement with its counterpart certifying agency in the other |
24 | state to certify that type of EMS provider based solely on |
25 | the other state's certification of the provider. No |
26 | reciprocity agreement may deprive the department from denying |
27 | a certification based on disciplinary considerations. |
28 | (2) If the department, upon review of a course or an |
29 | examination approved by another state for EMS provider |
30 | certification or continuing education, or upon review of a |
|
1 | national course or examination, determines that the course or |
2 | examination meets or exceeds the standards for such a course |
3 | or examination for a similar type of certification in this |
4 | Commonwealth, or for registration of the certification, the |
5 | department may endorse the course or examination as meeting |
6 | the course or examination requirements for that type of EMS |
7 | provider certification in acting upon an applicant's |
8 | application for certification or registration of the |
9 | certification in this Commonwealth. |
10 | (g) Skills.--The department shall publish in the |
11 | Pennsylvania Bulletin a list of skills within the scope of |
12 | practice of each type of EMS provider. The list shall be updated |
13 | by publication as necessary. |
14 | (h) Medical command orders and protocols.-- |
15 | (1) An EMS provider, other than a prehospital EMS |
16 | physician, shall provide EMS pursuant to department-approved |
17 | protocols and medical command orders. |
18 | (2) The protocols shall identify circumstances in which |
19 | an EMS provider shall seek direction from a medical command |
20 | physician, which direction may be given by the physician in |
21 | person or through an authorized agent or via radio or other |
22 | telecommunications device approved by the department, and |
23 | shall address the responsibilities of an EMS provider when |
24 | medical command cannot be secured or is disrupted. |
25 | (i) Reports of convictions, discipline and exclusions.-- |
26 | (1) An applicant for an EMS provider certification shall |
27 | report to the department all misdemeanor, felony and other |
28 | criminal convictions that are not summary or equivalent |
29 | offenses, and all disciplinary sanctions that have been |
30 | imposed upon a license, certification or other authorization |
|
1 | of the applicant to practice an occupation or profession, and |
2 | any exclusion from a Federal or State health care program of |
3 | the applicant or an entity in which the applicant had equity |
4 | or capital, stock or profits of the entity equal to at least |
5 | 5% of the value of the property or assets of the entity at |
6 | the time of the exclusion. |
7 | (2) The applicant shall also provide the department with |
8 | a certified copy of the criminal charging, judgment and |
9 | sentencing documents for each conviction and a certified copy |
10 | of an adjudication or other document imposing discipline |
11 | against the applicant. |
12 | (3) The department may not certify an applicant until |
13 | the department receives the documents, unless the applicant |
14 | establishes that the documents from which certified copies |
15 | are to be made no longer exist. |
16 | (4) An EMS provider shall report the same type of |
17 | convictions, disciplinary sanctions and exclusions and |
18 | provide the same documents to the department within 30 days |
19 | after each conviction, discipline and exclusion. |
20 | (j) Identification.-- |
21 | (1) An EMS provider shall provide proof of authority to |
22 | practice as an EMS provider if requested when providing |
23 | services as an EMS provider. |
24 | (2) For purposes of this subsection, "proof of authority |
25 | to practice" means a card or certificate issued by the |
26 | department that shows current registration of the EMS |
27 | provider's certification. |
28 | (k) Change of address.-- |
29 | (1) An EMS provider and an applicant for EMS provider |
30 | certification shall ensure that the department has the |
|
1 | current address at which the person can be reached by mail at |
2 | all times. |
3 | (2) Neither an EMS provider's home address, telephone |
4 | number nor any other residential contact information provided |
5 | to the department shall be deemed a public record. |
6 | (l) Current registration.--To provide EMS, an EMS provider |
7 | shall maintain current registration of his certification as an |
8 | EMS provider. |
9 | (m) Downgrading certification or practice.-- |
10 | (1) An EMS provider who has a currently registered |
11 | certification as an advanced EMT or higher-level EMS provider |
12 | and is not permitted to practice at that level by an EMS |
13 | agency pursuant to sections 7225(b)(2) (relating to medical |
14 | director of emergency medical services agency) and 7229(k) |
15 | (relating to emergency medical services agencies), may |
16 | function as a lower-level EMS provider for that EMS agency, |
17 | as authorized by the EMS agency medical director, if the EMS |
18 | agency permits. |
19 | (2) Upon expiration of the biennial registration period, |
20 | an EMS provider who is at or above the advanced EMT level and |
21 | whose practice for an EMS agency has been downgraded pursuant |
22 | to sections 7225(b)(2) and 7229(k) may choose to maintain |
23 | current registration of the EMS provider's certification by |
24 | meeting the biennial registration requirements for that |
25 | certification. |
26 | (3) An EMS provider who has a currently registered |
27 | certification as an advanced EMT or higher-level EMS provider |
28 | and does not meet the requirements for biennial registration |
29 | of that certification may apply to and secure from the |
30 | department registration of a lower-level EMS provider |
|
1 | certification if the EMS provider meets the registration |
2 | requirements for that certification. |
3 | (4) Instead of a registration certificate, the |
4 | department shall issue a lower-level certification to an EMS |
5 | provider who does not already have that certification and |
6 | applies for a registration of that certification under this |
7 | subsection. |
8 | (5) An EMS provider whose practice level has been |
9 | downgraded under this section and who does not maintain |
10 | current registration of the higher-level certification may |
11 | not display an insignia, patch or any other indicia of the |
12 | higher-level certification when providing EMS. |
13 | (n) Biennial registrations.-- |
14 | (1) The biennial registration of each EMS provider |
15 | certification, subject to a biennial registration requirement |
16 | shall expire on January 1 of the next even-numbered year. |
17 | (2) The continuing education requirements for the |
18 | biennial registration following the initial registration of a |
19 | certification shall be prorated based upon the month in which |
20 | the EMS provider became certified, with any fractional |
21 | requirement rounded down. |
22 | (o) Exceptions for members of armed forces returning from |
23 | tour of duty.--EMS providers and EMS vehicle operators returning |
24 | from active military service who have a certification |
25 | registration that expired during their tours of duty or will |
26 | expire within 12 months after their return from military duty |
27 | may secure an exception to satisfying the continuing education |
28 | requirements for certification registration as follows: |
29 | (1) EMS providers who have a triennial certification |
30 | registration requirement may secure an exception to the |
|
1 | period of time in which they would otherwise need to meet |
2 | continuing education requirements for triennial registration |
3 | of their certifications, as the department deems appropriate. |
4 | (2) EMS providers and EMS vehicle operators who have a |
5 | biennial certification registration requirement may secure an |
6 | exception to the period of time in which they would otherwise |
7 | need to meet continuing education requirements for biennial |
8 | registration of their certifications, as the department deems |
9 | appropriate. Before an EMS provider without a current |
10 | biennial registration begins to work for an EMS agency, the |
11 | EMS agency medical director must determine that the EMS |
12 | provider has continuing competency in the knowledge and |
13 | skills required to provide the services the EMS agency will |
14 | assign to the EMS provider. |
15 | (3) EMS providers may seek an exception to their |
16 | continuing education requirements for certification |
17 | registration by asking the department to endorse their |
18 | relevant military training as satisfying some or all of the |
19 | applicable continuing education requirements. |
20 | § 7214. Emergency medical responders. |
21 | (a) Scope of practice.--An EMR performs for an EMS agency |
22 | BLS skills involving basic interventions with minimum EMS |
23 | equipment as follows: |
24 | (1) As a member of a QRS to stabilize and improve a |
25 | patient's condition in an out-of-hospital emergency until a |
26 | higher-level EMS provider arrives at the scene and then may |
27 | assist that EMS provider. |
28 | (2) As a member of the crew of an ambulance. |
29 | (3) In another capacity as authorized by the department |
30 | by regulation. |
|
1 | (b) Certification.--The department shall certify as an EMR |
2 | an individual who meets all of the following: |
3 | (1) Is at least 16 years of age. |
4 | (2) Has successfully completed an EMR training course |
5 | approved by the department. |
6 | (3) Has a current certificate evidencing successful |
7 | completion of a CPR course acceptable to the department. |
8 | (4) Has passed an EMR skills practical examination |
9 | approved by the department. |
10 | (5) Has passed a written EMR certification examination |
11 | approved by the department. |
12 | (c) Triennial registration.--An EMR's certification is |
13 | deemed registered for three years after issuance. An EMR must |
14 | register the EMR certification at three-year intervals by |
15 | completing an application for triennial registration on a form |
16 | or through an electronic process, as prescribed by the |
17 | department. The following shall apply: |
18 | (1) The department shall issue a triennial registration |
19 | of an EMR certification to an EMR who meets all of the |
20 | following: |
21 | (i) Has a current registration and applies for a new |
22 | registration no later than: |
23 | (A) 30 days before the current registration is |
24 | to expire; or |
25 | (B) a lesser time established by regulation of |
26 | the department. |
27 | (ii) Successfully: |
28 | (A) completes EMR triennial registration |
29 | practical skills and written knowledge examinations |
30 | approved by the department; or |
|
1 | (B) secures continuing education credits for EMR |
2 | triennial registration as required by the department |
3 | in continuing education programs approved by the |
4 | department. |
5 | (2) An EMR whose registration of an EMR certification |
6 | has expired must qualify for a triennial registration of the |
7 | certification as prescribed by regulation of the department. |
8 | (d) Transition for first responders.--An individual who is |
9 | certified as a first responder on the effective date of this |
10 | section shall be considered to be an EMR with a current |
11 | registration and shall be subject to the triennial registration |
12 | requirements of an EMR. The registration of the EMR |
13 | certification shall expire on the same date the first responder |
14 | certification would have expired if the first responder |
15 | certification remained in effect. |
16 | (e) Transition for ambulance attendants.--An individual who |
17 | is an ambulance attendant on the effective date of this section |
18 | shall be considered to be an EMR with a current registration and |
19 | shall be subject to the triennial registration requirements of |
20 | an EMR. The registration of the EMR certification shall expire |
21 | on the same date that the person's qualifications as an |
22 | ambulance attendant expire and would have needed to be renewed. |
23 | § 7215. Emergency medical technicians. |
24 | (a) Scope of practice.--An EMT performs basic EMS skills |
25 | involving basic interventions and equipment found on an EMS |
26 | vehicle as follows: |
27 | (1) For an EMS agency as a member of the crew of an |
28 | ambulance. |
29 | (2) For an EMS agency as a member of a QRS to stabilize |
30 | and improve a patient's condition in an out-of-hospital |
|
1 | setting until an ambulance arrives, and then may assist the |
2 | ambulance crew. |
3 | (3) As a first aid or safety officer, or in a similar |
4 | capacity, for or independent of an EMS agency, as prescribed |
5 | by regulation of the department. |
6 | (4) For an EMS agency in another capacity authorized by |
7 | regulation of the department. |
8 | (b) Certification.--The department shall certify as an EMT |
9 | an individual who meets all of the following: |
10 | (1) Is at least 16 years of age. |
11 | (2) Has successfully completed an EMT training course |
12 | which: |
13 | (i) teaches basic EMS; and |
14 | (ii) is approved by the department. |
15 | (3) Has a current certificate evidencing successful |
16 | completion of a CPR course acceptable to the department. |
17 | (4) Has passed an EMT skills practical examination |
18 | approved by the department. |
19 | (5) Has passed a written EMT certification examination |
20 | approved by the department. |
21 | (c) Triennial registration.--An EMT's certification is |
22 | deemed registered for three years after issuance. An EMT must |
23 | register the EMT certification at three-year intervals by |
24 | completing an application for triennial registration on a form |
25 | or through an electronic process, as prescribed by the |
26 | department. The following shall apply: |
27 | (1) The department shall issue a triennial registration |
28 | of an EMT certification to an EMT who meets all of the |
29 | following: |
30 | (i) Has a current registration and applies for a new |
|
1 | registration no later than: |
2 | (A) 30 days before the current registration is |
3 | to expire; or |
4 | (B) a lesser time established by regulation of |
5 | the department. |
6 | (ii) Successfully: |
7 | (A) completes EMT triennial registration |
8 | practical skills and written knowledge examinations |
9 | approved by the department; or |
10 | (B) secures continuing education credits for EMT |
11 | triennial registration as required by the department |
12 | in continuing education programs approved by the |
13 | department. |
14 | (2) An EMT whose registration of an EMT certification |
15 | has expired must qualify for a triennial registration of the |
16 | certification as prescribed by regulation of the department. |
17 | § 7216. Advanced emergency medical technicians. |
18 | (a) Scope of practice.--An advanced EMT performs basic EMS |
19 | and ALS skills which include interventions and administration of |
20 | medications with basic and advanced equipment found on an EMS |
21 | vehicle as follows: |
22 | (1) For an EMS agency as a member of the crew of an |
23 | ambulance. |
24 | (2) For an EMS agency as a member of a QRS to stabilize |
25 | and improve a patient's condition in an out-of-hospital |
26 | emergency until an ambulance arrives at the scene and then |
27 | may assist the ambulance crew. |
28 | (3) As a first aid or safety officer, or in a similar |
29 | capacity, for or independent of an EMS agency, as prescribed |
30 | by regulation of the department. |
|
1 | (4) For an EMS agency in another capacity as authorized |
2 | by regulation of the department. |
3 | (b) Certification.--The department shall certify as an |
4 | advanced EMT an individual who meets all of the following: |
5 | (1) Is at least 18 years of age. |
6 | (2) Has successfully completed a course under |
7 | subparagraph (i) or (ii): |
8 | (i) An advanced EMT training course which: |
9 | (A) teaches basic life support skills; |
10 | (B) teaches advanced life support skills deemed |
11 | appropriate by regulation of the department; and |
12 | (C) is approved by the department. |
13 | (ii) An EMT course and secured training and |
14 | education, through continuing education courses, in |
15 | skills included in the scope of practice for an advanced |
16 | EMT for which the applicant did not receive training in |
17 | the EMT course. |
18 | (3) Has a current certificate evidencing successful |
19 | completion of a CPR course acceptable to the department. |
20 | (4) Has passed an advanced EMT skills practical |
21 | examination approved by the department. |
22 | (5) Has passed a written advanced EMT certification |
23 | examination approved by the department. |
24 | (c) Biennial registration.--An advanced EMT's certification |
25 | is deemed registered when the certification is issued. The |
26 | initial registration shall expire as set forth in section |
27 | 7213(n) (relating to emergency medical services providers). |
28 | Except for the initial registration period, an advanced EMT must |
29 | register the advanced EMT certification at two-year intervals by |
30 | completing an application for biennial registration on a form or |
|
1 | through an electronic process, as prescribed by regulation of |
2 | the department. The following shall apply: |
3 | (1) The department shall issue a biennial registration |
4 | of an advanced EMT certification to an advanced EMT who meets |
5 | all of the following: |
6 | (i) Has a current registration and applies for a new |
7 | registration no later than: |
8 | (A) 30 days before the current registration is |
9 | to expire; or |
10 | (B) a lesser time established by regulation of |
11 | the department. |
12 | (ii) Successfully: |
13 | (A) completes advanced EMT biennial registration |
14 | practical skills and written knowledge examinations |
15 | approved by the department; or |
16 | (B) secures continuing education credits for |
17 | advanced EMT biennial registration as required by the |
18 | department in continuing education programs approved |
19 | by the department. |
20 | (2) An advanced EMT whose registration of an advanced |
21 | EMT certification has expired must qualify for a biennial |
22 | registration of the certification as prescribed by regulation |
23 | of the department. |
24 | § 7217. Paramedics. |
25 | (a) Scope of practice.--A paramedic is a higher level EMS |
26 | provider than an advanced EMT. A paramedic performs basic and |
27 | advanced EMS skills which include interventions and |
28 | administration of medications with basic and advanced equipment |
29 | found on an EMS vehicle as follows: |
30 | (1) For an EMS agency as a member of the crew of an |
|
1 | ambulance. |
2 | (2) For an EMS agency as a member of a QRS to stabilize |
3 | and improve a patient's condition in an out-of-hospital |
4 | emergency until an ambulance arrives at the scene and then |
5 | may assist the ambulance crew. |
6 | (3) As a first aid or safety officer, or in a similar |
7 | capacity, for or independent of an EMS agency, as prescribed |
8 | by regulation of the department. |
9 | (4) For an EMS agency in another capacity authorized by |
10 | regulation of the department. |
11 | (b) Paramedic training.--To be eligible to enroll in a |
12 | paramedic training course required for certification as a |
13 | paramedic, an individual must satisfy all of the following: |
14 | (1) Be at least 18 years of age when the course |
15 | commences. |
16 | (2) Have a high school diploma or its equivalent. |
17 | (3) Be currently certified by the department as an EMT |
18 | or advanced EMT. |
19 | (c) Certification.--The department shall certify as a |
20 | paramedic an EMT or advanced EMT who meets all of the following: |
21 | (1) Is at least 18 years of age. |
22 | (2) Has successfully completed a paramedic training |
23 | course which: |
24 | (i) teaches basic life support skills; |
25 | (ii) teaches advanced life support skills deemed |
26 | appropriate by regulation of the department; and |
27 | (iii) is approved by the department. |
28 | (3) Has a current certificate evidencing successful |
29 | completion of a CPR course acceptable to the department. |
30 | (4) Has passed a paramedic skills practical examination |
|
1 | approved by the department. |
2 | (5) Has passed a written paramedic certification |
3 | examination approved by the department. |
4 | (d) Biennial registration.--A paramedic's certification is |
5 | deemed registered when the certification is issued. The initial |
6 | registration shall expire as set forth in section 7213(n) |
7 | (relating to emergency medical services providers). Except for |
8 | the initial registration period, a paramedic must register the |
9 | paramedic certification at two-year intervals by completing an |
10 | application for biennial registration on a form or through an |
11 | electronic process as prescribed by regulation of the |
12 | department. The following shall apply: |
13 | (1) The department shall issue a biennial registration |
14 | of a paramedic certification to a paramedic who meets all of |
15 | the following: |
16 | (i) Has a current registration and applies for a new |
17 | registration no later than: |
18 | (A) 30 days before the current registration is |
19 | to expire; or |
20 | (B) a lesser time established by regulation of |
21 | the department. |
22 | (ii) Successfully secures continuing education |
23 | credits for paramedic biennial registration as required |
24 | by the department in continuing education programs |
25 | approved by the department. |
26 | (2) A paramedic whose registration of a paramedic |
27 | certification has expired must qualify for a biennial |
28 | registration of the certification as prescribed by regulation |
29 | of the department. |
30 | § 7218. Prehospital registered nurses. |
|
1 | (a) Scope of practice.--A PHRN is a higher level EMS |
2 | provider than an advanced EMT. A PHRN performs for an EMS agency |
3 | basic and advanced EMS skills and, as authorized by the |
4 | department, additional nursing skills within the scope of |
5 | practice of a registered nurse under the act of May 22, 1951 |
6 | (P.L.317, No.69), known as The Professional Nursing Law, or a |
7 | successor act, as follows: |
8 | (1) As a member of the crew of an ambulance. |
9 | (2) As a member of a QRS to stabilize and improve a |
10 | patient's condition in an out-of-hospital emergency until an |
11 | ambulance arrives at the scene and then may assist the |
12 | ambulance crew. |
13 | (3) As a first aid or safety officer, or in a similar |
14 | capacity, as prescribed by regulation of the department. |
15 | (4) In another capacity as authorized by regulation of |
16 | the department. |
17 | (b) Certification.--The department shall certify as a PHRN |
18 | an individual who meets all of the following: |
19 | (1) Has a current license as a registered nurse with the |
20 | State Board of Nursing. |
21 | (2) Is at least 18 years of age. |
22 | (3) Has a current certificate evidencing successful |
23 | completion of a CPR course acceptable to the department. |
24 | (4) Has passed a PHRN skills practical examination |
25 | approved by the department. |
26 | (5) Has passed a written PHRN certification examination |
27 | approved by the department. |
28 | (c) Biennial registration.--A PHRN's certification is deemed |
29 | registered when the certification is issued. The initial |
30 | registration shall expire as set forth in section 7213(n) |
|
1 | (relating to emergency medical services providers). Except for |
2 | the initial registration period, a PHRN must register the PHRN |
3 | certification at two-year intervals by completing an application |
4 | for biennial registration on a form or through an electronic |
5 | process, as prescribed by regulation of the department. The |
6 | following shall apply: |
7 | (1) The department shall issue a biennial registration |
8 | of a PHRN certification to a PHRN who meets all of the |
9 | following: |
10 | (i) Has a current registration and applies for a new |
11 | registration no later than: |
12 | (A) 30 days before the current registration is |
13 | to expire; or |
14 | (B) a lesser time established by regulation of |
15 | the department. |
16 | (ii) Has current registration of a registered nurse |
17 | license. |
18 | (iii) Successfully secures continuing education |
19 | credits for a PHRN biennial registration as required by |
20 | the department, in continuing education programs approved |
21 | by the department. |
22 | (2) A PHRN whose registration of a PHRN certification |
23 | has expired must qualify for a biennial registration of the |
24 | certification as prescribed by regulation of the department. |
25 | § 7219. Prehospital physician extenders. |
26 | (a) Scope of practice.--A PHPE is a higher level EMS |
27 | provider than an advanced EMT. A PHPE performs for an EMS agency |
28 | basic and advanced EMS skills and, as authorized by regulation |
29 | of the department, additional physician assistant skills within |
30 | the scope of practice of a physician assistant under the act of |
|
1 | December 20, 1985 (P.L.457, No.112), known as the Medical |
2 | Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, |
3 | No.261), known as the Osteopathic Medical Practice Act, or a |
4 | successor act, as follows, but supervision of a PHPE shall be |
5 | conducted as set forth in this chapter: |
6 | (1) As a member of the crew of an ambulance. |
7 | (2) As a member of a QRS to stabilize and improve a |
8 | patient's condition in an out-of-hospital emergency until an |
9 | ambulance arrives at the scene and then may assist the |
10 | ambulance crew. |
11 | (3) As a first aid or safety officer, or in a similar |
12 | capacity, for an EMS agency as prescribed by regulation of |
13 | the department. |
14 | (4) In another capacity as authorized by regulation of |
15 | the department. |
16 | (b) Certification.--The department shall certify as a PHPE a |
17 | physician assistant who meets all of the following: |
18 | (1) Has a currently registered license as a physician |
19 | assistant with the State Board of Medicine or the State Board |
20 | of Osteopathic Medicine. |
21 | (2) Is at least 18 years of age. |
22 | (3) Has a current certificate evidencing successful |
23 | completion of a CPR course acceptable to the department. |
24 | (4) Has passed a PHPE skills practical examination |
25 | approved by the department. |
26 | (5) Has passed a written PHPE certification examination |
27 | approved by the department. |
28 | (c) Biennial registration.--A PHPE's certification is deemed |
29 | registered when the certification is issued. The initial |
30 | registration shall expire as set forth in section 7213(n) |
|
1 | (relating to emergency medical services providers). Except for |
2 | the initial registration period, a PHPE must register the PHPE |
3 | certification at two-year intervals by completing an application |
4 | for biennial registration on a form or through an electronic |
5 | process as prescribed by regulation of the department. The |
6 | following shall apply: |
7 | (1) The department shall issue a biennial registration |
8 | of a PHPE certification to a PHPE who: |
9 | (i) Has a current registration and applies for a new |
10 | registration no later than: |
11 | (A) 30 days before the current registration is |
12 | to expire; or |
13 | (B) a lesser time as established by regulation |
14 | of the department. |
15 | (ii) Has current registration of a physician |
16 | assistant license. |
17 | (iii) Successfully secures continuing education |
18 | credits for PHPE biennial registration as required by the |
19 | department in continuing education programs approved by |
20 | the department. |
21 | (2) A PHPE whose registration of a PHPE certification |
22 | has expired must qualify for a biennial registration of the |
23 | certification as prescribed by regulation of the department. |
24 | § 7220. Prehospital emergency medical services physicians. |
25 | (a) Scope of practice.--A prehospital EMS physician is a |
26 | higher level EMS provider than an advanced EMT. A prehospital |
27 | EMS physician performs for an EMS agency basic and advanced EMS |
28 | skills within the scope of practice of a physician under the act |
29 | of December 20, 1985 (P.L.457, No.112), known as the Medical |
30 | Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, |
|
1 | No.261), known as the Osteopathic Medical Practice Act, as |
2 | applicable, or a successor act, as follows: |
3 | (1) As a member of the crew of an ambulance. |
4 | (2) As a member of a QRS to stabilize and improve a |
5 | patient's condition in an out-of-hospital emergency. |
6 | (3) As a first-aid or safety officer, or in a similar |
7 | capacity, as prescribed by regulation of the department. |
8 | (4) In another capacity authorized by regulation of the |
9 | department. |
10 | (b) Certification.--The department shall certify as a |
11 | prehospital EMS physician a physician who has: |
12 | (1) Successfully completed one or more of the following: |
13 | (i) An emergency medicine residency program that is |
14 | accredited by a residency program accrediting body |
15 | recognized by the State Board of Medicine or the State |
16 | Board of Osteopathic Medicine. |
17 | (ii) The first year of an emergency medicine |
18 | residency program that satisfies the requirements of |
19 | subparagraph (i) and has successfully completed programs |
20 | approved by the department in advanced cardiac life |
21 | support, advanced trauma life support and advanced |
22 | pediatric life support. |
23 | (iii) An anesthesia, family practice, internal |
24 | medicine or general surgery residency program that is |
25 | accepted by either the State Board of Medicine or the |
26 | State Board of Osteopathic Medicine as providing the |
27 | graduate medical training the board requires for issuance |
28 | of a physician license without restriction and the |
29 | successful completion of programs approved by the |
30 | department in advanced cardiac life support, advanced |
|
1 | trauma life support and advanced pediatric life support. |
2 | (2) A current certificate evidencing successful |
3 | completion of a CPR course acceptable to the department. |
4 | (3) Passed an EMS skills practical examination approved |
5 | by the department or served as a prehospital health |
6 | professional physician prior to the effective date of this |
7 | section. |
8 | (c) Biennial registration.--A prehospital EMS physician's |
9 | certification is deemed registered when the certification is |
10 | issued. The initial registration shall expire under section |
11 | 7213(n) (relating to emergency medical services providers). |
12 | Except for the initial registration period, a prehospital EMS |
13 | physician shall register the prehospital EMS physician |
14 | certification at two-year intervals by completing an application |
15 | for biennial registration on a form or through an electronic |
16 | process as prescribed by the department. The following shall |
17 | apply: |
18 | (1) The department shall issue a biennial registration |
19 | of a prehospital EMS physician certification to a prehospital |
20 | EMS physician who meets all of the following: |
21 | (i) Has a current registration and applies for a new |
22 | registration no later than 30 days before the current |
23 | registration is to expire or within a lesser time period |
24 | as the department may establish by regulation. |
25 | (ii) Has current registration of a physician |
26 | license. |
27 | (iii) Successfully secures continuing education |
28 | credits for prehospital EMS physician biennial |
29 | registration as required by the department in continuing |
30 | education programs approved by the department. |
|
1 | (2) A prehospital EMS physician whose registration of a |
2 | prehospital EMS physician certification has expired shall |
3 | qualify for a biennial registration of the certification as |
4 | prescribed by regulation of the department. |
5 | (d) Transition for prehospital health professional |
6 | physicians.--A physician who served as a prehospital health |
7 | professional physician prior to the effective date of this |
8 | section and who satisfies the certification requirements under |
9 | subsection (b)(1) may serve as a prehospital EMS physician for |
10 | 90 days after the effective date of this section without having |
11 | secured a certification as a prehospital EMS physician. |
12 | § 7221. Certification sanctions. |
13 | (a) Grounds for discipline.--The department may discipline |
14 | an EMS provider or applicant for EMS provider certification for |
15 | any of the following reasons: |
16 | (1) Lack of physical or mental ability to provide |
17 | adequate services. |
18 | (2) Deceptive or fraudulent procurement or |
19 | representation of certification or registration credentials, |
20 | or for making misleading, deceptive or untrue representations |
21 | to secure or aid or abet another person to secure a |
22 | certification, license, registration or any other |
23 | authorization issued by the department under this chapter. |
24 | (3) Willful or negligent misconduct in providing EMS or |
25 | practicing beyond the scope of certification authorization |
26 | without legal authority to do so. |
27 | (4) Abuse or abandonment of a patient. |
28 | (5) The rendering of services while under the influence |
29 | of alcohol, illegal drugs or the knowing abuse of legal |
30 | drugs. |
|
1 | (6) The operation of an emergency vehicle in a reckless |
2 | manner or while under the influence of alcohol, illegal drugs |
3 | or the knowing abuse of legal drugs. |
4 | (7) Disclosure of medical or other information about a |
5 | patient where prohibited by Federal or State law. |
6 | (8) Willful preparation or filing of a false medical |
7 | report or record or the inducement of others to do so. |
8 | (9) Destruction of a medical report or record required |
9 | to be maintained. |
10 | (10) Refusal to render emergency medical care because of |
11 | a patient's race, sex, creed, national origin, sexual |
12 | preference, age, handicap, medical problem or financial |
13 | inability to pay. |
14 | (11) Failure to comply with department-approved |
15 | protocols. |
16 | (12) Failure to comply with reporting requirements |
17 | imposed under this chapter or as established by the |
18 | department. |
19 | (13) Practicing without the current registration of a |
20 | certification. |
21 | (14) Conviction of a felony, a crime related to the |
22 | practice of the EMS provider or a crime involving moral |
23 | turpitude. For the purposes of this paragraph, a conviction |
24 | includes a judgment of guilt, a plea of guilty or a plea of |
25 | nolo contendere. |
26 | (15) Willful falsification of or a failure to complete |
27 | details on an EMS patient care report. |
28 | (16) Misappropriation of drugs or EMS agency property. |
29 | (17) Having a certification or other authorization to |
30 | practice a profession or occupation revoked, suspended or |
|
1 | subjected to other disciplinary sanction. |
2 | (18) Violating or aiding or abetting another person to |
3 | violate a duty imposed under this chapter, a regulation |
4 | promulgated under this chapter or an order of the department |
5 | previously entered in a disciplinary proceeding. |
6 | (19) Based upon a finding of misconduct by the relevant |
7 | Federal or State agency, having been excluded from a Federal |
8 | or State health care program or having had equity or capital, |
9 | stock or profits of an entity equal to 5% or more of the |
10 | value of the property or assets of the entity when it was |
11 | excluded from a Federal or State health care program. |
12 | (20) Any other reason as determined by the department |
13 | which poses a threat to the health and safety of the public. |
14 | (b) Disciplinary options.--If the department is empowered to |
15 | take disciplinary action against an individual under this |
16 | section, the department may do one or more of the following: |
17 | (1) Deny the application for certification. |
18 | (2) Issue a public reprimand. |
19 | (3) Revoke, suspend, limit or otherwise restrict the |
20 | certification. |
21 | (4) Require the person to take refresher educational |
22 | courses. |
23 | (5) Impose a civil money penalty not exceeding $1,000 |
24 | for each incident in which the EMS provider engages in |
25 | conduct that constitutes a basis for discipline. |
26 | (6) Stay enforcement of any suspension, revocation or |
27 | other discipline and place the individual on probation with |
28 | the right to vacate the probationary order for noncompliance. |
29 | (c) Registration of certification.--The department shall not |
30 | deny a registration of an EMS provider certification without |
|
1 | giving the applicant prior notice of the reason for the denial |
2 | and providing an opportunity for a hearing. |
3 | (d) Reinstatement.--A person whose certification has been |
4 | revoked may not apply for reinstatement of that certification. A |
5 | person may petition the department for allowance to apply for a |
6 | new certification five years from the effective date of the |
7 | revocation by filing with the department a petition that avers |
8 | facts to establish that the person has been rehabilitated to an |
9 | extent that issuing the person a certification would not be |
10 | detrimental to the public interest. The department may grant or |
11 | deny the petition, without conducting a hearing, if it accepts |
12 | as true all facts averred, other than the conclusory averments, |
13 | such as that the person has been rehabilitated. If the |
14 | department grants the person allowance to apply for a new |
15 | certification, the person shall repeat the training program and |
16 | the certification examinations for the level of certification |
17 | for which the person is applying and satisfy all other |
18 | requirements for the certification that exist at the time of |
19 | reapplication. If the department does not grant the person |
20 | allowance to apply for a new certification, the person may not |
21 | again petition the department for allowance to apply for a new |
22 | certification until another year from the date of denial. |
23 | § 7222. Emergency medical services vehicle operators. |
24 | (a) Certification.--An EMS vehicle operator certification |
25 | shall be permanent, subject to disciplinary action under this |
26 | section. The department shall certify as an EMS vehicle operator |
27 | a person who meets all of the following: |
28 | (1) Completes an application for an EMS vehicle operator |
29 | certification on a form or through an electronic application |
30 | process, as prescribed by the department. |
|
1 | (2) Is at least 18 years of age. |
2 | (3) Has a current license to operate the vehicle. |
3 | (4) Is not addicted to alcohol or drugs. |
4 | (5) Is free from physical or mental defect or disease |
5 | that may impair the person's ability to drive an EMS vehicle. |
6 | (6) Has successfully completed an emergency vehicle |
7 | operator's course of instruction approved by the department. |
8 | (7) Has not: |
9 | (i) Been convicted within the last four years prior |
10 | to the date of application of driving under the influence |
11 | of alcohol or drugs. |
12 | (ii) Within the last two years prior to the date of |
13 | application, been convicted of reckless driving or had a |
14 | driver's license suspended due to use of drugs or alcohol |
15 | or a moving traffic violation. |
16 | (8) Has successfully completed an emergency vehicle |
17 | operator's course of instruction approved by the department |
18 | following a disqualification from certification under |
19 | paragraph (7), regardless of whether the person successfully |
20 | completed the course previously. |
21 | (b) Registration.--An EMS vehicle operator, other than an | <-- |
22 | EMS vehicle operator who operates a vehicle exclusively for a |
23 | QRS, shall register the EMS vehicle operator's certification. An | <-- |
24 | EMS vehicle operator who operates an EMS vehicle exclusively for |
25 | a QRS shall have no registration requirements. Except as |
26 | otherwise provided in this subsection, an EMS vehicle operator's |
27 | certification shall be deemed registered for three years after |
28 | issuance. An EMS vehicle operator may not operate a ground EMS |
29 | vehicle unless the certification is currently registered. The |
30 | following shall apply: |
|
1 | (1) The department shall issue a registration of an EMS |
2 | vehicle operator's certification to an EMS vehicle operator |
3 | who meets all of the following: |
4 | (i) Completes an application for registration on a |
5 | form or through an electronic application process, as |
6 | prescribed by the department. |
7 | (ii) Has a current registration and applies for a |
8 | new registration no later than 30 days before the current |
9 | registration is to expire, or within a lesser time period |
10 | as the department may establish by regulation. |
11 | (iii) Has a current license to operate the vehicle. |
12 | (iv) Successfully completes continuing education |
13 | credits for EMS vehicle operators as required by the |
14 | department in continuing education programs approved by |
15 | the department. |
16 | (2) If a person who is issued an EMS vehicle operator's |
17 | certification also has an EMS provider's certification, the |
18 | registration of the EMS vehicle operator's certification |
19 | shall expire at the same time as the registration of the EMS |
20 | provider's certification. If the person does not maintain |
21 | current registration of the EMS provider's certification, the |
22 | registration of the EMS vehicle operator's certification |
23 | shall continue on the same renewal cycle. If an EMS vehicle |
24 | operator who is an EMS provider becomes certified as a |
25 | higher-level EMS provider, the registration of the EMS |
26 | vehicle operator's certification shall expire at the same |
27 | time as the registration of the higher-level EMS provider's |
28 | certification. |
29 | (3) If an EMS provider's certification is subject to a |
30 | biennial registration cycle, the continuing education |
|
1 | requirements for the registration of the EMS vehicle |
2 | operator's certification following the initial registration |
3 | of the certification shall be prorated based upon the month |
4 | in which the EMS provider became certified, with any |
5 | fractional requirement rounded down. |
6 | (4) An EMS vehicle operator whose registration of an EMS |
7 | vehicle operator's certification has expired shall qualify |
8 | for a biennial registration of the certification as |
9 | prescribed by regulation of the department. |
10 | (c) Transition for EMS vehicle operators.--An individual who |
11 | served as an EMS vehicle operator prior to the effective date of |
12 | this section, and who satisfies the EMS vehicle operator's |
13 | certification requirements under subsection (a), may serve as an |
14 | EMS vehicle operator for 90 days after the effective date of |
15 | this section without having secured a certification as an EMS |
16 | vehicle operator. |
17 | (d) Grounds for discipline.--The department may suspend or |
18 | revoke, or, as applicable, refuse to issue an EMS vehicle |
19 | operator's certification for any of the following reasons: |
20 | (1) Lack of physical or mental ability to operate an EMS |
21 | vehicle. |
22 | (2) Deceptive or fraudulent procurement or |
23 | representation of certification or registration credentials, |
24 | or making misleading, deceptive or untrue representations to |
25 | secure a certification or registration. |
26 | (3) The operation of an emergency vehicle in a reckless |
27 | manner or while under the influence of alcohol, illegal drugs |
28 | or the knowing abuse of legal drugs. |
29 | (4) Having a driver's license suspended due to use of |
30 | alcohol or drugs or a moving traffic violation. |
|
1 | (5) Conviction of a felony or crime involving moral |
2 | turpitude. For the purposes of this paragraph, a conviction |
3 | includes a judgment of guilt, a plea of guilty or a plea of |
4 | nolo contendere. |
5 | (6) Failing to perform a duty imposed upon an EMS |
6 | vehicle operator under this chapter or a related regulation. |
7 | (7) Other reasons as determined by the department which |
8 | pose a threat to the health and safety of the public. |
9 | (e) Suspension of certification.--If the department suspends |
10 | a certification, it may also impose conditions for the lifting |
11 | of the suspension, including requiring the person to |
12 | successfully repeat an emergency vehicle operator's course |
13 | approved by the department. |
14 | (f) Reporting responsibilities and automatic suspension.--An |
15 | EMS vehicle operator shall report to the department within 30 |
16 | days a suspension of that person's driver's license or a |
17 | conviction of reckless driving, a felony, a misdemeanor or any |
18 | other crime that is not a summary offense or equivalent. For a |
19 | conviction of driving under the influence of alcohol or drugs, |
20 | reckless driving or for suspension of a driver's license, the |
21 | certification shall automatically be suspended for the periods |
22 | of time specified in subsection (a)(7). |
23 | (g) Change of address.-- |
24 | (1) An EMS vehicle operator and an applicant for an EMS |
25 | vehicle operator's certification shall ensure that the |
26 | department has the current address at which the person can be |
27 | reached by mail at all times. |
28 | (2) Neither an EMS vehicle operator's home address, |
29 | telephone number nor any other residential contact |
30 | information provided to the department shall be deemed a |
|
1 | public record. |
2 | § 7223. Suspension of certification. |
3 | (a) Temporary suspensions.--The department may temporarily |
4 | suspend the certification of an EMS provider or EMS vehicle |
5 | operator without a hearing if the department determines that the |
6 | person is a clear and immediate danger to the public health and |
7 | safety. Notice to a provider or operator of a temporary |
8 | suspension shall include a written statement of the underlying |
9 | factual allegations. After issuance of the notice, the |
10 | department shall commence formal disciplinary action against the |
11 | person under section 7221 (relating to certification sanctions) |
12 | or 7222 (relating to emergency medical services vehicle |
13 | operators). Within 30 days following the issuance of an order |
14 | temporarily suspending the certification, the department shall |
15 | conduct a preliminary hearing to determine if there is a prima |
16 | facie case supporting the temporary suspension. The person may |
17 | be present at the preliminary hearing and may be represented by |
18 | counsel, cross-examine witnesses, inspect physical evidence, |
19 | call witnesses and offer testimony and other evidence. If the |
20 | department determines that there is not a prima facie case, the |
21 | suspension shall be lifted immediately. If the department |
22 | determines that there is a prima facie case, the temporary |
23 | suspension shall remain in effect until vacated by the |
24 | department, but not longer than 180 days unless agreed upon by |
25 | the parties. |
26 | (b) Automatic suspensions.--The department shall |
27 | automatically suspend a certification issued under this chapter |
28 | upon receiving a certified copy of court records establishing |
29 | that the person has been adjudicated as incapacitated under 20 |
30 | Pa.C.S. § 5511 (relating to petition and hearing; independent |
|
1 | evaluation) or an equivalent statutory provision. The department |
2 | shall lift the suspension upon the person establishing to the |
3 | department that the person has been adjudicated to have regained |
4 | capacity under 20 Pa.C.S. § 5517 (relating to adjudication of |
5 | capacity and modification of existing orders) or an equivalent |
6 | statutory provision. |
7 | § 7224. Emergency medical services instructors. |
8 | (a) Certification.--An EMS instructor's certification is |
9 | permanently subject to disciplinary action under this section. |
10 | The department shall certify as an EMS instructor a person who: |
11 | (1) Completes an application for an EMS instructor's |
12 | certification on a form or through an electronic application |
13 | process, as prescribed by the department. |
14 | (2) Is at least 18 years of age. |
15 | (3) Has successfully completed an EMS instructor's |
16 | course approved by the department, or possesses a bachelor's |
17 | degree in education, a teacher's certification in education |
18 | or a doctorate or master's degree. |
19 | (4) Is certified and currently registered as an EMT or |
20 | higher-level EMS provider. |
21 | (5) Possesses current certification in a CPR course |
22 | acceptable to the department or current certification as a |
23 | CPR instructor. |
24 | (6) Has at least one year's experience working as an EMT |
25 | or higher-level EMS provider. |
26 | (7) Has provided at least 20 hours of monitored |
27 | instruction time in an EMS provider's certification program. |
28 | (b) Triennial registration.-- |
29 | (1) An EMS instructor's certification is deemed |
30 | registered for three years after issuance. An EMS instructor |
|
1 | shall register the EMS instructor's certification at three- |
2 | year intervals by completing an application for triennial |
3 | registration on a form or through an electronic process, as |
4 | prescribed by the department. An EMS instructor may not teach |
5 | in an accredited EMS institute, pursuant to an EMS |
6 | instructor's certification, unless the certification is |
7 | currently registered. The department shall issue a triennial |
8 | registration of an EMS instructor's certification to an EMS |
9 | instructor who: |
10 | (i) Has completed an application for triennial |
11 | registration on a form or through an electronic |
12 | application process, as prescribed by the department. |
13 | (ii) Has a current registration and applies for a |
14 | new registration no later than 30 days before the current |
15 | registration is to expire, or within lesser time as the |
16 | department may establish by regulation. |
17 | (iii) Has taught at least 60 hours of EMS provider's |
18 | certification or rescue courses approved by the |
19 | department during the previous three years. |
20 | (iv) Is certified and currently registered as an EMT |
21 | or higher-level EMS provider. |
22 | (v) Possesses current certification in a CPR course |
23 | acceptable to the department or current certification as |
24 | a CPR instructor. |
25 | (2) An EMS instructor whose registration as an EMS |
26 | instructor's certification has expired shall qualify for a |
27 | triennial registration of the certification as prescribed by |
28 | regulation of the department. |
29 | (c) Regulations.--The department may adopt regulations to |
30 | set standards for EMS instructors in providing instruction in |
|
1 | EMS institutions. |
2 | (d) Grounds for discipline.--The department may impose |
3 | discipline against an EMS instructor for the following reasons: |
4 | (1) Any reason an EMS provider may be disciplined under |
5 | section 7221 (relating to certification sanctions). |
6 | (2) Providing instruction while under the influence of |
7 | alcohol, illegal drugs or the knowing abuse of legal drugs. |
8 | (3) Failing to perform a duty imposed upon an EMS |
9 | instructor by this chapter or a related regulation. |
10 | (4) Other reasons as determined by the department that |
11 | pose a threat to the health, safety or welfare of students. |
12 | (e) Disciplinary options.--If the department is empowered to |
13 | impose discipline against an individual under this section, the |
14 | department may do one or more of the following: |
15 | (1) Deny the application for certification. |
16 | (2) Issue a public reprimand. |
17 | (3) Revoke, suspend, limit or otherwise restrict the |
18 | certification. |
19 | (4) Impose a civil money penalty not exceeding $1,000 |
20 | for each incident in which the EMS instructor engages in |
21 | conduct that constitutes a basis for discipline. |
22 | (5) Stay enforcement of any suspension, revocation or |
23 | other discipline and place the individual on probation with |
24 | the right to vacate the probationary order for noncompliance. |
25 | (f) Construction.--This section shall not be construed to |
26 | require the certification as EMS instructors of all instructors |
27 | of EMS courses accepted toward educational requirements for EMS |
28 | provider's certification or toward continuing education |
29 | requirements for the registration of EMS provider's |
30 | certifications. |
|
1 | § 7225. Medical director of emergency medical services agency. |
2 | (a) Qualifications.--To qualify and continue to function as |
3 | an EMS agency medical director, an individual shall: |
4 | (1) Be a physician. |
5 | (2) Satisfy one of the following: |
6 | (i) Have successfully completed an emergency |
7 | medicine residency program accredited by a residency |
8 | program accrediting body recognized by the State Board of |
9 | Medicine or the State Board of Osteopathic Medicine. |
10 | (ii) Have successfully completed a residency program |
11 | in surgery, internal medicine, family medicine, |
12 | pediatrics or anesthesiology, accredited by a residency |
13 | program accrediting body recognized by the State Board of |
14 | Medicine or the State Board of Osteopathic Medicine. The |
15 | physician shall also have successfully completed or |
16 | taught an advanced cardiac life support course acceptable |
17 | to the department within the preceding two years and have |
18 | completed, at least once, an advanced trauma life support |
19 | course acceptable to the department and an advanced |
20 | pediatric life support course acceptable to the |
21 | department, or other programs determined by the |
22 | department to meet or exceed the standards of these |
23 | programs. |
24 | (iii) Have served as an advanced life support |
25 | service medical director under the act of July 3, 1985 |
26 | (P.L.164, No.45), known as the Emergency Medical Services |
27 | Act, prior to the effective date of this chapter. |
28 | (3) Have a valid Drug Enforcement Agency number. |
29 | (4) Have completed the EMS agency medical director's |
30 | course, an EMS fellowship or other EMS training program that |
|
1 | is determined by the department to be equivalent. This |
2 | training shall assure that the EMS agency medical director |
3 | has knowledge of: |
4 | (i) The scope of practice of EMS providers. |
5 | (ii) The provision of EMS pursuant to department- |
6 | approved protocols. |
7 | (iii) The interface between EMS providers and |
8 | medical command physicians. |
9 | (iv) Quality improvement principles. |
10 | (v) Emergency medical dispatch principles and EMS |
11 | agency communication capabilities. |
12 | (vi) EMS system design and operation. |
13 | (vii) Federal and State laws and regulations |
14 | regarding EMS. |
15 | (viii) Regional and State mass casualty and disaster |
16 | plans. |
17 | (b) Roles and responsibilities.--An EMS agency medical |
18 | director is responsible for the following: |
19 | (1) Reviewing department-approved EMS protocols that are |
20 | applicable to the EMS agency and ensuring that its EMS |
21 | providers and other relevant personnel are familiar with the |
22 | protocols applicable to them. |
23 | (2) Conducting for and reporting to the EMS agency the |
24 | following: |
25 | (i) An initial assessment of an EMS provider at or |
26 | above the advanced EMT level to determine whether the EMS |
27 | provider has demonstrated competency in the knowledge and |
28 | skills one must have to competently perform the skills |
29 | within the scope of practice of the EMS provider at that |
30 | level, and a commitment to adequately perform other |
|
1 | functions relevant to the EMS provider providing EMS at |
2 | that level. This subparagraph does not apply if the EMS |
3 | provider was working for the EMS agency at the same level |
4 | prior to the physician becoming the medical director for |
5 | the EMS agency and the EMS provider was credentialed at |
6 | that EMS agency within the last year as being able to |
7 | perform at the EMS provider's certification level. |
8 | (ii) At least annually, an assessment of each EMS |
9 | provider at or above the advanced EMT level as to whether |
10 | the EMS provider has demonstrated competency in the |
11 | knowledge and skills an EMS provider must have to |
12 | competently perform the skills within the scope of |
13 | practice of the EMS provider at that level, and a |
14 | commitment to adequately perform other functions relevant |
15 | to the EMS provider providing EMS at that level. |
16 | (3) Participating in and reviewing quality improvement |
17 | reviews of patient care provided by the EMS agency and |
18 | participating in the Statewide and regional quality |
19 | improvement program. |
20 | (4) Providing medical guidance and advice to the EMS |
21 | agency. |
22 | (5) Providing guidance with respect to the ordering, |
23 | stocking and replacement of drugs, and compliance with laws |
24 | and regulations impacting upon the EMS agency's acquisition, |
25 | storage and use of those drugs. |
26 | (6) Maintaining a liaison with the regional EMS medical |
27 | director. |
28 | (7) Recommending to the department suspension, |
29 | revocation or restriction of EMS provider's certifications. |
30 | (8) Reviewing regional mass casualty and disaster plans. |
|
1 | (9) Performing other functions as the department may |
2 | impose by regulation. |
3 | § 7226. Medical command physicians and facility medical |
4 | directors. |
5 | (a) Role of medical command physician.--A medical command |
6 | physician communicates with and issues medical command orders to |
7 | EMS providers when they seek direction. A medical command |
8 | physician shall have an arrangement with a medical command |
9 | facility to provide medical command on its behalf, and shall |
10 | function under the direction of a medical command facility |
11 | medical director and under the policies and procedures of the |
12 | medical command facility. A medical command physician shall |
13 | provide medical command to EMS providers consistent with |
14 | Statewide protocols and protocols that are in effect in either |
15 | the region in which treatment originates or the region from |
16 | which the EMS providers begin receiving medical command from a |
17 | medical command physician. For good cause, a medical command |
18 | physician may give medical command orders that are inconsistent |
19 | with these protocols. |
20 | (b) Certification.--The department shall certify as a |
21 | medical command physician a physician who was approved as a |
22 | medical command physician in this Commonwealth immediately prior |
23 | to the effective date of this section. The department shall also |
24 | certify as a medical command physician a physician who: |
25 | (1) Completes an application for medical command |
26 | physician certification on a form or through an electronic |
27 | application process, as prescribed by the department. |
28 | (2) Satisfies one of the following: |
29 | (i) Has successfully completed an emergency medicine |
30 | residency program accredited by a residency program |
|
1 | accrediting body recognized by the State Board of |
2 | Medicine or the State Board of Osteopathic Medicine. |
3 | (ii) Has successfully completed or taught an |
4 | advanced cardiac life support course acceptable to the |
5 | department within the preceding two years and has |
6 | successfully completed or taught an advanced trauma life |
7 | support course acceptable to the department and an |
8 | advanced pediatric life support course acceptable to the |
9 | department, or other programs determined by the |
10 | department to meet or exceed the standards of these |
11 | programs. |
12 | (iii) Has had an emergency medicine practice in |
13 | another jurisdiction and establishes to the department |
14 | that the physician has a combination of training, |
15 | education and emergency medicine practice that makes the |
16 | physician qualified to serve as a medical command |
17 | physician. |
18 | (3) Has completed a medical command course offered or |
19 | approved by the department. |
20 | (4) Is practicing as an emergency medicine physician or |
21 | is participating as a resident in a second or subsequent year |
22 | in an emergency medicine residency program or has had at |
23 | least three years' experience as a full-time emergency |
24 | medicine physician. |
25 | (5) Has a current Drug Enforcement Agency number, except |
26 | for an emergency medicine resident who is authorized to use a |
27 | hospital's Drug Enforcement Agency number for practice within |
28 | the emergency medicine residency program. |
29 | (6) Has an arrangement with a medical command facility |
30 | to serve as a medical command physician for that facility |
|
1 | after receiving certification as a medical command physician. |
2 | (c) Triennial registration.--A medical command physician's |
3 | certification is deemed registered for three years after |
4 | issuance. A medical command physician shall triennially register |
5 | the physician's certification with the department, on a form or |
6 | through an electronic application process, as prescribed by the |
7 | department, as a condition for continued practice as a medical |
8 | command physician. The department shall issue a triennial |
9 | registration of a medical command physician's certification to a |
10 | medical command physician within 30 days after the physician |
11 | applies for a new registration if the physician demonstrates |
12 | that the physician continues to meet the requirements for the |
13 | certification, except the requirements of subsection (b)(2), and |
14 | satisfies such other requirements as the department may impose |
15 | by regulation. |
16 | (d) Residents.--A physician who is in a second year in an |
17 | emergency medicine residency program may issue medical command |
18 | orders only to the extent that performance of that function is a |
19 | component of and within the framework of the emergency medicine |
20 | residency program, and may do so only with supervision by a |
21 | medical command physician who has served as a medical command |
22 | physician for at least two years, has completed two years in an |
23 | emergency medicine residency program or has secured medical |
24 | command certification by satisfying subsection (b)(2)(iii). |
25 | (e) Role of medical command facility medical director.--A |
26 | medical command facility medical director shall be responsible |
27 | for the following in a medical command facility: |
28 | (1) Medical command. |
29 | (2) Quality improvement. |
30 | (3) Serving as a liaison with the regional EMS council |
|
1 | medical director. |
2 | (4) Participating in prehospital training activities. |
3 | (5) Verifying to the department that a physician seeking |
4 | a medical command physician's certification, based upon the |
5 | physician's arrangement with the medical command facility, |
6 | meets all certification requirements. |
7 | (6) Ensuring that the medical command facility satisfies |
8 | statutory and regulatory requirements. |
9 | (f) Certification.--The department shall certify as a |
10 | medical command facility medical director a physician who was |
11 | approved as a medical command facility medical director in this |
12 | Commonwealth immediately prior to the effective date of this |
13 | section. The department shall also certify as a medical command |
14 | facility medical director a physician who: |
15 | (1) Completes an application for medical command |
16 | facility medical director certification on a form or through |
17 | an electronic application process, as prescribed by the |
18 | department. |
19 | (2) Is currently serving as a medical command physician. |
20 | (3) Satisfies one of the following: |
21 | (i) Has successfully completed a residency program |
22 | in emergency medicine accredited by a residency program |
23 | accrediting body recognized by the State Board of |
24 | Medicine or the State Board of Osteopathic Medicine. |
25 | (ii) Has successfully: |
26 | (A) completed a residency program in surgery, |
27 | internal medicine, family medicine, pediatrics or |
28 | anesthesiology accredited by a residency program |
29 | accrediting body recognized by the State Board of |
30 | Medicine or the State Board of Osteopathic Medicine; |
|
1 | and |
2 | (B) completed or taught: |
3 | (I) an advanced cardiac life support course |
4 | acceptable to the department within the preceding |
5 | two years; |
6 | (II) an advanced trauma life support course |
7 | acceptable to the department; and |
8 | (III) an advanced pediatric life support |
9 | course acceptable to the department. |
10 | (4) Has experience in prehospital and emergency |
11 | department care of acutely ill or injured patients. |
12 | (5) Has experience in providing medical command |
13 | direction to EMS providers. |
14 | (6) Has experience in the training of EMS providers both |
15 | below and above the advanced EMT level. |
16 | (7) Has experience in the medical audit, review and |
17 | critique of EMS providers below and above the advanced EMT |
18 | level. |
19 | (8) Has an arrangement with a medical command facility |
20 | to serve as its medical director after receiving |
21 | certification as a medical command facility medical director. |
22 | (g) Triennial registration.--A medical command facility |
23 | medical director's certification is deemed registered for three |
24 | years after issuance. A medical command facility medical |
25 | director shall triennially register the physician's |
26 | certification with the department on a form or through an |
27 | electronic application process, as prescribed by the department, |
28 | as a condition for continued practice as a medical command |
29 | facility medical director. The department shall issue a |
30 | triennial registration of a medical command facility medical |
|
1 | director certification to a medical command facility medical |
2 | director within 30 days after the physician applies for a new |
3 | registration, if the physician demonstrates that the physician |
4 | continues to meet the requirements for the certification, except |
5 | the requirements of subsection (f)(3), and satisfies such other |
6 | requirements as the department may impose by regulation. |
7 | (h) Grounds for discipline.--The department may discipline a |
8 | medical command physician or medical command facility medical |
9 | director for the following reasons: |
10 | (1) Violating a responsibility imposed on the physician |
11 | by this chapter or the related regulations. |
12 | (2) Without good cause, failing to comply with a medical |
13 | treatment, transport or transfer protocol established or |
14 | approved by the department. |
15 | (i) Types of discipline authorized.--When the department is |
16 | empowered to discipline a medical command physician or medical |
17 | command facility medical director under subsection (h), the |
18 | department may do one or more of the following: |
19 | (1) Deny the application for a certification. |
20 | (2) Issue a public reprimand. |
21 | (3) Revoke, suspend, limit or otherwise restrict or |
22 | condition the certification. |
23 | (4) Impose a civil money penalty not exceeding $1,000 |
24 | for each incident in which the physician engages in conduct |
25 | that constitutes a basis for discipline. |
26 | (5) Stay enforcement of any suspension, revocation or |
27 | other discipline and place the individual on probation with |
28 | the right to vacate the probationary order for noncompliance. |
29 | § 7227. Medical command facilities. |
30 | (a) Certification required.--To operate as a medical command |
|
1 | facility, a medical unit must be certified by the department as |
2 | a medical command facility. The department shall issue a |
3 | certification to each medical unit that operated as a medical |
4 | command facility immediately prior to the effective date of this |
5 | section. |
6 | (b) Application.--Application for certification shall be on |
7 | a form or through an electronic application process prescribed |
8 | by the department. The application shall solicit information |
9 | necessary to determine that the applicant meets the |
10 | certification requirements of this chapter. |
11 | (c) Requirements.--An applicant shall establish that the |
12 | applicant: |
13 | (1) Is a distinct medical unit operated by a hospital or |
14 | consortium of hospitals. |
15 | (2) Possesses the necessary equipment and personnel for |
16 | providing medical command to and control over EMS providers. |
17 | (3) Employs a medical command facility medical director. |
18 | (4) Has taken measures necessary to ensure that a |
19 | medical command physician is available to provide medical |
20 | command at all times. |
21 | (5) Meets the communication, recordkeeping and other |
22 | requirements of the department. |
23 | (d) Additional requirements.--In addition to the |
24 | requirements of subsection (c), the department may establish by |
25 | regulation requirements for a medical command facility to ensure |
26 | that it operates in an effective and efficient manner to achieve |
27 | the purposes for which it is certified. |
28 | (e) Triennial registration.--A medical command facility's |
29 | certification is deemed registered for three years after |
30 | issuance. A medical command facility must register its |
|
1 | certification at three-year intervals by completing an |
2 | application for triennial registration on a form or through an |
3 | electronic application process prescribed by the department. The |
4 | department shall grant or deny recertification within 30 days of |
5 | receipt of the application. |
6 | (f) Inspections and inquiries.--The department shall conduct |
7 | an inspection of the medical unit of each applicant and also |
8 | inspect existing medical command facilities from time to time as |
9 | appropriate, but not less than once every three years. The |
10 | department shall have full and free access to examine the |
11 | medical command facility and its records relating to its |
12 | operation as a medical command facility. The medical command |
13 | facility shall fully respond to any inquiry by the department |
14 | relevant to the determination of whether the facility meets |
15 | certification and operational requirements. |
16 | (g) Grounds for discipline.--The department may discipline a |
17 | medical command facility for the following reasons: |
18 | (1) Violating a requirement of this section. |
19 | (2) Violating a certification requirement or an |
20 | operational requirement imposed under subsection (d). |
21 | (3) Refusing to permit an inspection or respond to an |
22 | inquiry under subsection (f). |
23 | (4) Failing to comply, without just cause, with a |
24 | medical treatment, transport or transfer protocol approved by |
25 | the department. |
26 | (h) Types of discipline.--When the department is empowered |
27 | to discipline a medical command facility, the department may do |
28 | one or more of the following: |
29 | (1) Deny the application for a certification. |
30 | (2) Issue a public reprimand. |
|
1 | (3) Revoke, suspend, limit or otherwise restrict or |
2 | condition the certification. |
3 | (4) Impose a civil money penalty of up to $5,000 for |
4 | each act that presents a basis for discipline. |
5 | (5) Stay enforcement of any suspension, revocation or |
6 | other discipline and place the facility on probation with the |
7 | right to vacate the probationary order for noncompliance. |
8 | § 7228. Receiving facilities. |
9 | (a) Purpose.--A receiving facility is a facility to which an |
10 | ambulance may transport a patient who requires prompt medical |
11 | care in addition to that provided by the ambulance crew after |
12 | the crew responds to an emergency. |
13 | (b) Requirements.--A receiving facility shall include, but |
14 | need not be limited to, a fixed location having an organized |
15 | emergency department, including a physician trained to manage |
16 | cardiac, trauma, pediatric, medical, behavioral and all-hazards |
17 | emergencies, who is present in the facility and available to the |
18 | emergency department 24 hours per day and seven days per week. |
19 | By regulation, the department may authorize other types of |
20 | facilities to serve as receiving facilities for purposes of |
21 | serving patients who have special medical needs. |
22 | (c) Patient transports.--Unless directed otherwise by a |
23 | medical command physician, the initial transport of a patient |
24 | following an ambulance response to a reported emergency shall be |
25 | to a receiving facility pursuant to a protocol under section |
26 | 7205(c) (relating to duties of department) or 7209(c)(8) |
27 | (relating to regional emergency medical services councils) or |
28 | such other location as the department designated by protocol. |
29 | § 7229. Emergency medical services agencies. |
30 | (a) License required.--A person may not, as an owner, agent |
|
1 | or otherwise, operate, conduct, maintain, advertise or otherwise |
2 | engage in or profess to be engaged in operating or providing an |
3 | ambulance, advanced life support squad vehicle, basic life |
4 | support squad vehicle, quick response service, special |
5 | operations EMS service or other vehicle or service as prescribed |
6 | by the department by regulation to provide EMS outside a health |
7 | care facility or on roadways, airways or waterways of this |
8 | Commonwealth unless the person holds a current EMS agency |
9 | license authorizing the particular service or operation. |
10 | (b) Application.--An application for an EMS agency license |
11 | shall be submitted on a form or through an electronic |
12 | application process prescribed by the department. |
13 | (c) Issuance of license.--The department shall issue a |
14 | license to an applicant when it is satisfied that: |
15 | (1) The applicant and persons having substantial |
16 | ownership interests in the applicant are responsible persons |
17 | and the EMS agency will be staffed by and conduct its |
18 | activities utilizing responsible persons. For purposes of |
19 | this paragraph: |
20 | (i) a responsible person is a person who has not |
21 | engaged in any act contrary to justice, honesty or good |
22 | morals which indicates that the person is likely to |
23 | betray the public trust in carrying out the activities of |
24 | an EMS agency, or a person who has engaged in such |
25 | conduct but has been rehabilitated and establishes that |
26 | he or she is not likely to again betray the public trust; |
27 | (ii) a person has a substantial ownership interest |
28 | if the person has equity in the capital, stock or the |
29 | profits of the EMS agency equal to 5% or more of the |
30 | value of the property or assets of the EMS agency; and |
|
1 | (iii) a person staffs an EMS agency if the person |
2 | engages in an activity integral to operation of the EMS |
3 | agency, including, but not limited to, making or |
4 | participating in the making or execution of management |
5 | decisions, providing EMS, billing, call-taking and |
6 | dispatching. |
7 | (2) The applicant meets supply and equipment |
8 | requirements and each ambulance or other vehicle that will be |
9 | used in providing EMS is adequately constructed and equipped |
10 | and will be maintained and operated to safely and efficiently |
11 | render the services offered. |
12 | (3) The applicant will meet the staffing standards for |
13 | its vehicles and services. |
14 | (4) The applicant will provide safe and efficient |
15 | services that are adequate for the emergency medical care, |
16 | the treatment and comfort and, when appropriate, the |
17 | transportation of patients. |
18 | (5) The applicant will have an EMS agency medical |
19 | director who, in addition to satisfying the criteria of |
20 | section 7225(a) (relating to medical director of emergency |
21 | medical services agency), satisfies other criteria the |
22 | department may establish by regulation based on the types of |
23 | vehicles and services the applicant intends to provide under |
24 | the EMS agency license. |
25 | (6) The applicant is in compliance with the rules and |
26 | regulations promulgated under this chapter. |
27 | (d) Persons under 18 years of age.--An EMS agency shall |
28 | ensure that a person under 18 years of age, when providing EMS |
29 | on behalf of the EMS agency, is directly supervised by an EMS |
30 | provider who is at least 21 years of age who has the same or |
|
1 | higher level of EMS provider certification and at least one year |
2 | of active practice as an EMS provider. |
3 | (e) Triennial registration.--An EMS agency's license is |
4 | deemed registered for three years after the issuance. An EMS |
5 | agency must register its license at three-year intervals by |
6 | completing an application on a form or through an electronic |
7 | application process prescribed by the department. The department |
8 | shall act on the application within 90 days of receipt of a |
9 | complete and accurate application. The department shall not deny |
10 | a registration of a license without giving the applicant prior |
11 | notice of the reason for denial and providing an opportunity for |
12 | a hearing. |
13 | (f) Nontransferability of license.--An EMS agency may not |
14 | transfer its license. An EMS agency may enter into a contract |
15 | with another entity for that entity to manage the EMS agency if |
16 | that entity has been approved by the department to manage an EMS |
17 | agency. The department may deny approval to an entity to provide |
18 | management services for an EMS agency if: |
19 | (1) the entity is not in compliance with this chapter or |
20 | applicable regulations; |
21 | (2) the entity is not a responsible person as defined in |
22 | subsection (c)(1)(i); |
23 | (3) a person having a substantial ownership interest in |
24 | the entity is not a responsible person; |
25 | (4) the entity will not be staffed by or conduct its |
26 | activities through responsible persons; or |
27 | (5) the entity refuses to provide the department with |
28 | records or information reasonably requested to enable the |
29 | department to make a determination. |
30 | (g) Display.--As prescribed by department regulation, a |
|
1 | current department-issued inspection sticker shall be displayed |
2 | on each ambulance, advanced life support squad vehicle, basic |
3 | life support squad vehicle and, as required by regulation, any |
4 | other EMS vehicle authorized by the department. |
5 | (h) Inspection.--The department or its agent shall inspect |
6 | an applicant's vehicles, equipment and personnel qualifications |
7 | prior to granting an EMS agency license and shall inspect an EMS |
8 | agency from time to time, as deemed appropriate and necessary, |
9 | but not less than once every three years. |
10 | (i) Dispatching.-- |
11 | (1) An EMS agency that operates a communications center |
12 | dispatching EMS resources shall use call-takers and |
13 | dispatchers who satisfy the requirements of the Pennsylvania |
14 | Emergency Management Agency under section 3(a)(6) of the act |
15 | of July 9, 1990 (P.L.340, No.78), known as the Public Safety |
16 | Emergency Telephone Act, and shall use an emergency medical |
17 | dispatch program approved by the department. An emergency |
18 | medical dispatch program is a system or program that enables |
19 | patients to be assessed and treated via telecommunication by |
20 | using accepted medical dispatch standards. |
21 | (2) Operation by an EMS agency of a communications |
22 | center that dispatches EMS resources shall be considered part |
23 | of the EMS agency's licensed operation and shall be subject |
24 | to the requirements of this chapter and the department's |
25 | regulations. |
26 | (j) Construction, equipment and supplies.--Within two years |
27 | after the effective date of this chapter, the department shall |
28 | publish in the Pennsylvania Bulletin, and update as necessary, |
29 | vehicle construction and equipment and supply requirements for |
30 | EMS agencies in this Commonwealth based upon the types of EMS |
|
1 | vehicles operated and the services provided. |
2 | (k) Implementation of credentialing decisions.--An EMS |
3 | agency may not permit an EMS provider at or above the advanced |
4 | EMT level to provide EMS at that level unless its EMS agency |
5 | medical director apprises that the EMS provider satisfies the |
6 | criteria of section 7225(b)(2). An EMS agency may permit an EMS |
7 | provider who does not satisfy the section 7225(b)(2) criteria to |
8 | continue to work for the EMS agency at a lower EMS provider |
9 | level if the EMS provider is authorized to do so by the EMS |
10 | agency medical director. The EMS agency shall notify the |
11 | department of that decision within ten days after it is made. If |
12 | the EMS agency medical director has determined that the EMS |
13 | provider has not demonstrated competency in the knowledge and |
14 | skills necessary to competently perform the skills within the |
15 | scope of practice of the EMS provider at that level or has not |
16 | demonstrated a commitment to adequately perform other functions |
17 | relevant to the EMS provider providing EMS at that level, and |
18 | the EMS agency medical director chooses to impose restrictions |
19 | on the EMS provider's practice, such as requiring the EMS |
20 | provider to function under the supervision of another EMS |
21 | provider or requiring the EMS provider to contact a medical |
22 | command physician prior to providing EMS, then the EMS agency |
23 | may permit the EMS provider to provide EMS only with the |
24 | restrictions directed by the EMS agency medical director. |
25 | (l) Staffing.--The department may by regulation revise the |
26 | staffing standards for ambulances, squad vehicles and quick |
27 | response services set forth in sections 7230 (relating to |
28 | advanced life support ambulances), 7231 (relating to air |
29 | ambulances), 7232 (relating to advanced life support squad |
30 | vehicles), 7233 (relating to basic life support ambulances), |
|
1 | 7234 (relating to basic life support squad vehicles) and 7235 |
2 | (relating to quick response services). |
3 | (m) Custody or control of patient.--If a law enforcement |
4 | officer is at the scene of a police incident when an EMS |
5 | provider arrives, the law enforcement officer may preclude the |
6 | EMS provider from entering the scene to provide EMS until the |
7 | law enforcement officer determines that it is safe for the EMS |
8 | provider to enter. Under such circumstances, the law enforcement |
9 | officer shall permit the EMS provider access to the patient |
10 | before the officer transports the patient. If, pursuant to a |
11 | medical treatment protocol or medical command order, an EMS |
12 | agency is required to transport to a receiving facility a |
13 | patient whom a law enforcement officer has taken or wants to |
14 | take into custody or whom the law enforcement officer believes |
15 | needs to be spoken with immediately, the EMS agency shall |
16 | transport the patient to a receiving facility and the law |
17 | enforcement officer shall have discretion to accompany the |
18 | patient in the EMS vehicle and authority to employ security |
19 | precautions deemed necessary by the law enforcement officer to |
20 | ensure the safety of the officer and others, except that the |
21 | security precautions shall not unreasonably interfere with the |
22 | provision of EMS to the patient. |
23 | (n) Cessation of operations.--Upon suspension or revocation |
24 | of a license, the EMS agency shall cease operations and no |
25 | person shall permit or cause the EMS agency to continue. |
26 | (o) Discontinuance or reduction of service.--An EMS agency |
27 | shall not discontinue providing service it is licensed to |
28 | provide or reduce the hours when it provides service until a |
29 | minimum of 90 days after notifying the department in writing of |
30 | the change. Notice shall include a statement that the licensee |
|
1 | has notified the chief executive officer of each political |
2 | subdivision in the licensee's service area of the intent to |
3 | discontinue providing the service or reduce the hours it |
4 | provides the service and that the intent to discontinue or |
5 | reduce hours has been advertised in a newspaper of general |
6 | circulation in the licensee's service area. |
7 | (p) Regulations.--The department shall promulgate |
8 | regulations setting forth requirements for EMS agencies in this |
9 | Commonwealth based upon the types of EMS vehicles they operate |
10 | and the services they provide. |
11 | (q) Transition for ambulance services and quick response |
12 | services.--Upon the effective date of this section, an entity |
13 | that is licensed as an ambulance service or recognized as a QRS |
14 | immediately prior to the effective date of this section may |
15 | continue to operate as an EMS agency if it meets the staffing |
16 | and other operational requirements of this chapter, and it shall |
17 | be considered to be an EMS agency with a current registration of |
18 | its license. The initial registration of the EMS agency's |
19 | license shall expire on the same date that the entity's license |
20 | as an ambulance service or recognition as a QRS would have |
21 | expired if it had remained in effect. |
22 | (r) Exemptions.--The following are exempt from the licensing |
23 | provisions of this chapter: |
24 | (1) Privately owned vehicles not ordinarily used to |
25 | transport patients. |
26 | (2) An EMS agency licensed in another state and not |
27 | under this chapter that is dispatched to respond to an |
28 | emergency within this Commonwealth when an EMS vehicle or |
29 | service licensed under this chapter is unable to respond |
30 | within a reasonable time or its response is not sufficient to |
|
1 | deal with the emergency. |
2 | (3) An EMS agency licensed in another state that limits |
3 | its operations in this Commonwealth to the transportation, |
4 | and provision of medical care incidental to transportation of |
5 | patients and other persons requiring transportation by EMS |
6 | vehicles from locations outside this Commonwealth to |
7 | locations within this Commonwealth. |
8 | (4) EMS vehicles owned and operated by an agency of the |
9 | Federal Government. |
10 | § 7230. Advanced life support ambulances. |
11 | (a) Purpose.--An ALS ambulance crew provides medical |
12 | assessment, triage, monitoring, treatment, transportation and |
13 | observation of patients who require EMS above the skill level of |
14 | an advanced EMT. |
15 | (b) Staffing requirements.-- |
16 | (1) Except as otherwise provided in this section, |
17 | minimum staffing requirements for an ALS ambulance when |
18 | responding to a call to provide EMS for a patient requiring |
19 | EMS above the skill level of an advanced EMT is one EMS |
20 | provider at or above the EMT level, one EMS provider above |
21 | the advanced EMT level and one EMS vehicle operator. Only the |
22 | two EMS providers need to respond if one of them is also the |
23 | EMS vehicle operator. When present, an EMS provider qualified |
24 | to provide the type and level of EMS required by the patient |
25 | must attend to the patient at the scene and during |
26 | transportation. If a member of the ambulance crew arrives at |
27 | the scene before another crew member, that person shall begin |
28 | providing EMS to the patient at that person's skill level. |
29 | (2) Minimum staffing requirements for an ALS ambulance |
30 | is the same as for a BLS ambulance when the ALS ambulance |
|
1 | responds to a call to provide EMS for a patient requiring EMS |
2 | at or below the skill level of an advanced EMT. |
3 | § 7231. Air ambulances. |
4 | (a) Purpose.--An air ambulance is a rotorcraft staffed by a |
5 | crew that provides medical assessment, treatment, monitoring, |
6 | observation and transportation of patients who require EMS where |
7 | time to administer definitive care is of the essence and |
8 | transportation by air ambulance to a facility able to provide |
9 | the care is faster than transportation by ground ambulance, or |
10 | require EMS provided by specialized equipment or providers not |
11 | available on a ground ambulance and the air ambulance can |
12 | provide this faster than the patient would receive such care at |
13 | a receiving facility if transported by ground ambulance. |
14 | (b) Staffing requirements.--Minimum staffing standards for |
15 | an air ambulance when dispatched to provide or when providing |
16 | medical assessment, treatment, monitoring, observation or |
17 | transportation of a patient is one pilot and two EMS providers |
18 | other than the pilot who are above the advanced EMT level, with |
19 | at least one of those two EMS providers specially trained in air |
20 | medical transport. |
21 | § 7232. Advanced life support squad vehicles. |
22 | (a) Purpose.--An ALS squad vehicle transports EMS providers |
23 | above the advanced EMT level, along with equipment and supplies, |
24 | to rendezvous with an ambulance crew or to respond prior to |
25 | arrival of an ambulance, in order to provide medical assessment, |
26 | monitoring, treatment and observation of a patient who requires |
27 | EMS at or above the skill level of an advanced EMT. An ALS squad |
28 | vehicle does not transport patients. |
29 | (b) Staffing requirements.--Minimum staffing for an ALS |
30 | squad unit responding to a call to provide EMS for a patient who |
|
1 | requires EMS above the skill level of an advanced EMT shall be |
2 | one EMS provider above the advanced EMT level and one EMS |
3 | vehicle operator, except that the EMS provider may staff the |
4 | vehicle alone if the EMS provider is also an EMS vehicle |
5 | operator. |
6 | § 7233. Basic life support ambulances. |
7 | (a) Purpose.--A BLS ambulance crew provides medical |
8 | assessment, triage, monitoring, treatment, transportation and |
9 | observation of patients who require EMS at or below the skill |
10 | level of an advanced EMT and also transports patients who |
11 | require EMS above the skill level of an advanced EMT when an EMS |
12 | provider above the level of an advanced EMT rendezvous with the |
13 | BLS ambulance before or during transport of the patient and |
14 | accompanies the patient during the transport after arrival. |
15 | (b) Staffing requirements.-- |
16 | (1) Except as provided under paragraph (2), minimum |
17 | staffing for a BLS ambulance when responding to a call to |
18 | provide EMS is an ambulance attendant, EMR or EMT, a second |
19 | EMS provider at or above the EMT level, and an EMS vehicle |
20 | operator, except that only the two EMS providers need to |
21 | respond if one of them is also the EMS vehicle operator. When |
22 | present, an EMS provider above the EMR level must attend to |
23 | the patient at the scene and during patient transportation. |
24 | (2) Two years after the effective date of this section, |
25 | the minimum staffing for a BLS ambulance when responding to a |
26 | call to provide EMS is an EMS provider at or above the EMR |
27 | level, an EMS provider at or above the EMT level, and an EMS |
28 | vehicle operator, except that only two EMS providers need to |
29 | respond if one of them is also the EMS vehicle operator. When |
30 | present, an EMS provider above the EMR level must attend to |
|
1 | the patient at the scene and during patient transportation. |
2 | (3) If dispatched to provide EMS for a patient who |
3 | requires EMS above the skill level of an advanced EMT, the |
4 | BLS ambulance shall respond as set forth in this subsection. |
5 | If the BLS ambulance crew members arrive at the scene before |
6 | a higher-level EMS provider of an ALS ambulance or ALS squad |
7 | vehicle, the BLS crew members shall provide EMS to the |
8 | patient at their skill level, including transportation of the |
9 | patient to a receiving facility if needed, until higher-level |
10 | EMS is afforded by the arrival of a higher-level EMS |
11 | provider, after which the BLS ambulance crew shall relinquish |
12 | primary responsibility for the patient to the higher-level |
13 | EMS provider. |
14 | (4) When transporting from a sending hospital a patient |
15 | who requires EMS above the skill level of an advanced EMT, if |
16 | a registered nurse, physician assistant or physician from the |
17 | sending or receiving hospital joins the ambulance crew, |
18 | brings on board the ambulance all equipment and supplies to |
19 | provide the patient with reasonably anticipated EMS above the |
20 | skill level of an advanced EMT and attends to the patient |
21 | during the patient transportation, the minimum staffing |
22 | requirements for the BLS ambulance are as set forth in |
23 | paragraphs (1) and (2). |
24 | § 7234. Basic life support squad vehicles. |
25 | (a) Purpose.--A BLS squad vehicle transports an EMS |
26 | provider, along with basic EMS equipment and supplies, to |
27 | respond prior to arrival of an ambulance in order to provide EMS |
28 | at or below the advanced EMT level of care. A BLS squad vehicle |
29 | is not utilized to transport patients. |
30 | (b) Staffing requirements.--Minimum staffing for a BLS squad |
|
1 | vehicle when responding to a call to provide EMS for a patient |
2 | is one EMS provider at or above the EMT level and an EMS vehicle |
3 | operator, except that an EMS provider who is also an EMS vehicle |
4 | operator may staff the vehicle alone. |
5 | § 7235. Quick response services. |
6 | (a) Purpose.--A QRS uses EMS providers to respond to calls |
7 | for EMS and provide EMS to patients before an ambulance arrives. |
8 | (b) Staffing requirements.--The minimum staffing requirement |
9 | for a QRS is one EMS provider. |
10 | § 7236. Special operations emergency medical services. |
11 | (a) Purpose.--A special operations EMS service provides EMS |
12 | in situations or austere environments that require specialized |
13 | knowledge, equipment or vehicles to access a patient or address |
14 | the patient's emergency medical needs. The department shall by |
15 | regulation provide for specific types of special operations EMS |
16 | teams. |
17 | (b) Personnel requirements.--By regulation, the department |
18 | may establish additional training or expertise requirements for |
19 | the EMS agency medical director and the EMS providers who staff |
20 | a special operations EMS service. |
21 | (c) Other requirements.--By regulation, the department may |
22 | establish staffing, equipment, supply and any other requirement |
23 | for a special operations EMS service. |
24 | (d) Extraordinary applications.--An entity may propose to |
25 | provide a special operations EMS need that has not been |
26 | addressed by applying to the department for an EMS agency |
27 | license to carry out the special operations EMS or, if it is |
28 | licensed as an EMS agency, the entity may apply to the |
29 | department to be authorized to provide the special operations |
30 | EMS under its license. The department shall address each |
|
1 | application on an individual basis and may conditionally deny or |
2 | grant an application as appropriate to protect the public health |
3 | and safety. The grant of an application shall be subject to |
4 | compliance with any later-adopted regulations addressing the |
5 | type of special operations EMS being provided by the entity. |
6 | (e) Protocols.--The department may include in its Statewide |
7 | EMS protocols special operations EMS protocols. |
8 | § 7237. First aid and other safety services. |
9 | (a) Purpose.--An EMS agency may provide EMS at industrial |
10 | sites, amusement parks or other locations in need of the |
11 | service. No ambulance or other EMS vehicle shall be required for |
12 | this purpose. |
13 | (b) Staffing.--The minimum staffing requirement is one EMS |
14 | provider. |
15 | (c) Other requirements.--As assigned by the EMS agency, the |
16 | EMS provider may provide EMS and other medical safety services |
17 | up to the level for which the EMS provider has the credentials |
18 | to provide EMS for the EMS agency. |
19 | (d) Protocols.--An EMS provider shall follow protocols |
20 | approved by the department when providing EMS under this |
21 | section. |
22 | § 7238. Other vehicles and services. |
23 | The department may by regulation prescribe EMS vehicle and |
24 | service standards for EMS vehicles and services not specified in |
25 | this chapter. If the department establishes standards in this |
26 | section, an EMS agency license shall be required to operate the |
27 | EMS vehicle or provide the service, and an EMS agency may not |
28 | operate the vehicle or provide the service unless approved to do |
29 | so by the department. |
30 | § 7239. Stretcher and wheelchair vehicles. |
|
1 | (a) Stretcher vehicle.--A stretcher vehicle is a ground |
2 | vehicle other than an ambulance that is utilized to transport by |
3 | stretcher persons who do not receive and cannot reasonably be |
4 | anticipated to require medical assessment, monitoring, treatment |
5 | or observation during transportation, but who, due to their |
6 | physical condition, require vehicle transportation while on a |
7 | stretcher or in a wheelchair. |
8 | (b) Wheelchair vehicle.--A wheelchair vehicle is a ground |
9 | vehicle other than an ambulance that is used to transport by |
10 | wheelchair persons who do not receive and cannot reasonably be |
11 | anticipated to require medical assessment, monitoring, treatment |
12 | or observation during transportation, but who, due to their |
13 | physical condition, require vehicle transportation while on a |
14 | stretcher or in a wheelchair. |
15 | (c) Prohibition.--Operation by an entity of a stretcher |
16 | vehicle or wheelchair vehicle to transport a person who is known |
17 | or reasonably should be known by the entity to require medical |
18 | assessment, monitoring, treatment or observation during |
19 | transportation shall constitute unlawful operation of an |
20 | ambulance for purposes of section 7256(a) and (c) (relating to |
21 | penalties), and if used as an ambulance by an EMS agency shall |
22 | constitute misconduct in operating an EMS agency under section |
23 | 7242(a)(7) (relating to emergency medical services agency |
24 | license sanctions). For purposes of this section, unlawful |
25 | operation includes, but is not limited to, the transportation of |
26 | the person to or from a facility, a physician's office or any |
27 | other location to receive or from which the person received |
28 | health care services. |
29 | § 7240. Conditional temporary licenses. |
30 | When an EMS agency or an applicant for a license to operate |
|
1 | as an EMS agency does not provide service 24 hours per day and |
2 | seven days per week or is unable to participate in a county- |
3 | level or broader-level emergency medical response plan approved |
4 | by the department, the department shall issue a conditional |
5 | temporary license for operation of the EMS agency when the |
6 | department determines that it is in the public interest, subject |
7 | to such terms as the department deems appropriate. A conditional |
8 | temporary license shall be valid for one year and may be renewed |
9 | as many times as the department determines that it is in the |
10 | public interest to do so. |
11 | § 7241. Plans of correction. |
12 | (a) Correction of violation.--Upon determining that an EMS |
13 | agency has violated this chapter or regulations promulgated |
14 | under this chapter, the department may issue a written notice to |
15 | the EMS agency specifying the violation or violations that have |
16 | been found. The notice shall require the EMS agency to take |
17 | immediate action to discontinue the violation or to submit a |
18 | plan of correction to the department, or both, to bring the EMS |
19 | agency into compliance with applicable requirements. If the |
20 | nature of the violation is such that the EMS agency cannot |
21 | remedy the problem immediately, and a plan of correction is |
22 | therefore required, the department may direct that the violation |
23 | be remedied within a specified period of time. The EMS agency |
24 | shall submit a plan of correction within 30 days of the |
25 | department's issuance of the written notice. If immediate |
26 | corrective action is required, the notice from the department |
27 | shall request, and the EMS agency shall provide, prompt |
28 | confirmation that the corrective action has been taken. |
29 | (b) Discretion.--The department shall not afford the EMS |
30 | agency an opportunity to correct a violation without facing |
|
1 | disciplinary charges if the department determines that it is not |
2 | in the public interest to do so. |
3 | § 7242. Emergency medical services agency license sanctions. |
4 | (a) Grounds for discipline.--The department may discipline |
5 | an EMS agency or, as applicable, refuse to issue an EMS agency |
6 | license for any of the following reasons: |
7 | (1) Violating the requirements of this chapter or |
8 | regulation adopted under this chapter. |
9 | (2) Failing to submit a plan of correction acceptable to |
10 | the department or correct a deficiency as required under |
11 | section 7241 (relating to plans of correction) or failing to |
12 | comply with the plan of correction. |
13 | (3) Refusing to accept a conditional temporary license |
14 | properly sought by the department or to abide by its terms. |
15 | (4) Fraud or deceit in obtaining or attempting to obtain |
16 | a license. |
17 | (5) Lending its license or, except as permitted under |
18 | section 7229(f) (relating to emergency medical services |
19 | agencies), enabling another person to manage or operate the |
20 | EMS agency or any service covered by the license. |
21 | (6) Using the license of another or in any way knowingly |
22 | aiding or abetting the improper granting of a license, |
23 | certification, accreditation or other authorization issued |
24 | under this chapter. |
25 | (7) Incompetence, negligence or misconduct in operating |
26 | the EMS agency or in providing EMS to patients. |
27 | (8) The licensee is not a responsible person or is not |
28 | staffed by responsible persons and refuses to remove from its |
29 | staff the irresponsible person or persons when directed to do |
30 | so by the department. For purposes of this paragraph, "staff" |
|
1 | and "responsible person" shall have the meanings set forth in |
2 | section 7229(c)(1). |
3 | (9) Refusing to respond to an emergency and render EMS |
4 | because of a patient's race, sex, creed, national origin, |
5 | sexual preference, age, handicap, medical problem or |
6 | financial inability to pay. |
7 | (10) Conviction of a felony or a crime involving moral |
8 | turpitude or related to the practice of the EMS agency. |
9 | (11) Making misrepresentations in seeking funds made |
10 | available through the department. |
11 | (12) Failing to continue to meet applicable licensure |
12 | requirements. |
13 | (13) Violating an order previously issued by the |
14 | department in a disciplinary matter. |
15 | (b) Disciplinary options.--If the department is empowered to |
16 | impose discipline against an EMS agency under this section, the |
17 | department may do one or more of the following: |
18 | (1) Deny the application for a license. |
19 | (2) Administer a written reprimand with or without |
20 | probation. |
21 | (3) Revoke, suspend, limit or otherwise restrict the |
22 | license. |
23 | (4) Impose a civil penalty not exceeding $5,000 for each |
24 | incident in which the EMS agency engages in conduct that |
25 | constitutes a basis for discipline. |
26 | (5) Stay enforcement of any suspension, revocation or |
27 | other discipline and place the facility on probation with the |
28 | right to vacate the probationary order for noncompliance. |
29 | SUBCHAPTER C |
30 | MISCELLANEOUS PROVISIONS |
|
1 | Sec. |
2 | 7251. Limitations on liability. |
3 | 7252. Peer review. |
4 | 7253. Support of emergency medical services. |
5 | 7254. Prohibited acts. |
6 | 7255. Surrender of license, accreditation or certification. |
7 | 7256. Penalties. |
8 | 7257. Adjudications and judicial review. |
9 | § 7251. Limitations on liability. |
10 | The following shall apply: |
11 | (1) No medical command physician, medical command |
12 | facility medical director or medical command facility, which |
13 | in good faith provides a medical command to an EMS provider |
14 | or student enrolled in an EMS course of instruction approved |
15 | by the department, shall be liable for civil damages as a |
16 | result of issuing the instruction, absent a showing of gross |
17 | negligence or willful misconduct. |
18 | (2) No EMS agency, EMS agency medical director or EMS |
19 | provider who in good faith attempts to render or facilitate |
20 | emergency medical care authorized by this chapter shall be |
21 | liable for civil damages as a result of an act or omission, |
22 | absent a showing of gross negligence or willful misconduct. |
23 | This paragraph shall also apply to students enrolled in |
24 | approved courses of instruction and supervised pursuant to |
25 | rules and regulations. |
26 | (3) No approved EMS training institute nor any entity |
27 | participating as part of any approved educational program |
28 | offered by the institute as authorized by this chapter shall |
29 | be liable for any civil damages as a result of primary and |
30 | continuing educational practice by duly enrolled students |
|
1 | under proper supervision, absent a showing of gross |
2 | negligence or willful misconduct. |
3 | (4) No EMS provider who in good faith attempts to render |
4 | emergency care authorized by this chapter at an emergency |
5 | scene while en route to a place of employment shall receive |
6 | any form of reprimand or penalty by an employer as a result |
7 | of late arrival at the place of employment. An employer may |
8 | require written verification from the EMS provider, who shall |
9 | obtain the written verification from either the police |
10 | officer or other person who is in charge at the emergency |
11 | scene. |
12 | (5) No EMS agency medical director or regional medical |
13 | director who in good faith gives instructions to or provides |
14 | primary and continuing educational training to an EMS |
15 | provider shall be liable for civil damages for issuing the |
16 | instructions, education or training, absent a showing of |
17 | gross negligence or willful misconduct. |
18 | (6) Neither the department, the Commonwealth EMS Medical |
19 | Director, a regional EMS council medical director nor any |
20 | other official or employee of the department or a regional |
21 | EMS council shall be liable for civil damages arising out of |
22 | an EMS provider or a student enrolled in an EMS course of |
23 | instruction approved by the department following protocols |
24 | approved under this chapter. |
25 | (7) No EMS provider or EMS agency may be subject to |
26 | civil liability based solely on failure to obtain consent in |
27 | rendering EMS to any person, regardless of age, where the |
28 | person is unable to give consent for any reason, including |
29 | minority, and where there is no other person reasonably |
30 | available who is legally authorized to give or refuse to give |
|
1 | consent, if the EMS provider has acted in good faith and |
2 | without knowledge of facts negating consent. |
3 | (8) No EMS provider or EMS agency may be subject to |
4 | civil liability based solely on refusal to provide treatment |
5 | or services requested by the patient or the person |
6 | responsible for making medical care decisions for the patient |
7 | if the treatment or services requested are not prescribed or |
8 | authorized by Statewide or regional protocols established |
9 | under this chapter and the EMS provider has: |
10 | (i) contacted a medical command physician who |
11 | refused to authorize the requested treatment or service; |
12 | or |
13 | (ii) made a good faith effort to contact a medical |
14 | command physician and was unable to do so. |
15 | (9) No dispatcher of EMS who in good faith collects |
16 | information about a patient from a caller or makes dispatch |
17 | assignments based upon the information collected may be |
18 | subject to civil liability based upon the information |
19 | collected or a dispatch assignment, absent a showing of gross |
20 | negligence or willful misconduct. |
21 | § 7252. Peer review. |
22 | (a) Immunity from liability.-- |
23 | (1) A person who provides information to a review |
24 | organization shall have the same protections from civil and |
25 | criminal liability as a person who provides information to a |
26 | review organization under the act of July 20, 1974 (P.L.564, |
27 | No.193), known as the Peer Review Protection Act. |
28 | (2) An individual who is a member or employee of a |
29 | review organization or who furnishes professional counsel or |
30 | services to the organization shall have the same protections |
|
1 | from civil and criminal liability for the performance of any |
2 | duty, function or activity authorized or required of the |
3 | review organization as a person who performs the duty, |
4 | function or activity under the Peer Review Protection Act. |
5 | (b) Confidentiality of review organization's records.--The |
6 | proceedings and records of a review organization shall be held |
7 | in confidence and shall have the same protections from discovery |
8 | and introduction into evidence in civil proceedings as they |
9 | would under the Peer Review Protection Act. A person who was in |
10 | attendance at a meeting of a review organization shall be |
11 | subject to the same testimony restrictions as a person who was |
12 | in attendance at a meeting of a review organization under the |
13 | Peer Review Protection Act. |
14 | § 7253. Support of emergency medical services. |
15 | (a) Emergency Medical Services Operating Fund.--There is |
16 | established a special fund to be known as the Emergency Medical |
17 | Services Operating Fund, which shall be administered by the |
18 | department. |
19 | (b) Source.--The following are the sources of the Emergency |
20 | Medical Services Operating Fund: |
21 | (1) Money collected under 75 Pa.C.S. §§ 3121 (relating |
22 | to EMS costs) and 3807(b)(1)(ix) (relating to Accelerated |
23 | Rehabilitative Disposition). |
24 | (2) All fees, fines and civil penalties collected by the |
25 | department under this chapter. |
26 | (3) Appropriations. |
27 | (4) Contributions. |
28 | (c) Purpose of fund.--Except as provided under subsection |
29 | (d), 75% of the money from the Emergency Medical Services |
30 | Operating Fund shall be disbursed by the department for only the |
|
1 | following uses: |
2 | (1) To eligible EMS agencies for applicable purposes |
3 | stated under section 7212(c) (relating to contracts and |
4 | grants), with at least 10% of these funds to be allocated to |
5 | provide additional financial assistance for those EMS systems |
6 | serving rural areas. |
7 | (2) To the board for the performance of duties imposed |
8 | upon it under this chapter. |
9 | (3) To regional EMS councils for the development, |
10 | maintenance and improvement of EMS systems, including |
11 | ambulance and communications equipment and for training, |
12 | education and EMS agency licensure purposes. |
13 | (4) To other contractors and grantees as authorized |
14 | under section 7212(j). |
15 | (d) Allocation to Catastrophic Medical and Rehabilitation |
16 | Fund.--Twenty-five percent of the money in the Emergency Medical |
17 | Services Operating Fund shall be allocated to a Catastrophic |
18 | Medical and Rehabilitation Fund for victims of trauma. After the |
19 | exhaustion of all alternative financial resources, other than |
20 | those excluded by the department from consideration, the |
21 | catastrophic fund shall be available for the purchase of |
22 | medical, rehabilitation and attendant care services for trauma |
23 | victims and may be made available for the purchase of supportive |
24 | services such as respite care and counseling services for the |
25 | family or household members of trauma victims. The department |
26 | may, by regulation, prioritize the distribution of funds by and |
27 | within classification of traumatic injury. |
28 | (e) Audit.--The Auditor General shall review collections and |
29 | expenditures made under this section and report its findings to |
30 | the General Assembly annually. The audit shall include a review |
|
1 | of the collections and expenditures of the regional EMS |
2 | councils. |
3 | § 7254. Prohibited acts. |
4 | (a) Making false ambulance requests.--It shall be unlawful |
5 | for any person to intentionally report a medical emergency and |
6 | summon an EMS response if the person does not have good cause to |
7 | believe that there is a medical emergency for which an EMS |
8 | response is needed. A person violating this subsection commits a |
9 | summary offense. |
10 | (b) Obstruction.--It is unlawful for any person to |
11 | intentionally impede or obstruct any EMS provider in the |
12 | performance of official duties, if the EMS provider displays |
13 | accepted department insignia or credentials. A person violating |
14 | this subsection commits a summary offense. |
15 | (c) Impersonating an emergency medical services provider.-- |
16 | It is unlawful for any person to display an insignia or |
17 | credentials or act in any manner that would lead reasonable |
18 | persons to conclude that the person is an EMS provider if that |
19 | person is not an EMS provider with a current registration to |
20 | practice or that the person is a higher-level EMS provider than |
21 | the level at which the person is certified and currently |
22 | registered to practice. A person violating this subsection |
23 | commits a summary offense. |
24 | (d) Misrepresentation of license.--It is unlawful for any |
25 | person who does not possess an EMS agency license issued by the |
26 | department under this chapter to advertise, display vehicle |
27 | markings or exhibit any other means that would lead a reasonable |
28 | person to conclude that the person is a licensed EMS agency or |
29 | provides a type or level of emergency care other than that for |
30 | which the person is licensed to provide. A person violating this |
|
1 | subsection commits a summary offense. |
2 | § 7255. Surrender of license, accreditation or certification. |
3 | The department shall require a person whose license, |
4 | accreditation or certification has been suspended or revoked |
5 | under this chapter to return to the department in the manner the |
6 | department directs the license, accreditation document or |
7 | certificate. A person who fails to do so commits a misdemeanor |
8 | of the third degree. |
9 | § 7256. Penalties. |
10 | (a) Unlicensed agency.--A person who operates a service or |
11 | vehicle for which a license is required under section 7229 |
12 | (relating to emergency medical services agencies) and who does |
13 | not have a license to operate the service or vehicle commits a |
14 | misdemeanor of the third degree. |
15 | (b) Unauthorized practice.--A person who provides EMS |
16 | without an EMS provider's certification or other legal authority |
17 | to provide EMS commits a misdemeanor of the third degree. A |
18 | provider who provides EMS without a current registration of the |
19 | EMS provider's certification and without other legal authority |
20 | to provide EMS commits a summary offense. |
21 | (c) Fine.--In addition to any other civil remedy or criminal |
22 | penalty provided for under this chapter, the department may levy |
23 | a civil penalty of up to $5,000 per day upon a person who owns |
24 | or operates an EMS agency in this Commonwealth, without having a |
25 | license to operate that agency in this Commonwealth and a fine |
26 | of up to $1,000 per day upon a person who provides EMS without |
27 | an EMS provider's certification or other legal authority to |
28 | provide EMS. |
29 | § 7257. Adjudications and judicial review. |
30 | Except as provided under this chapter for an emergency |
|
1 | suspension, the department shall hold hearings and issue |
2 | adjudications in accordance with 2 Pa.C.S. (relating to |
3 | administrative law and procedure). The adjudications may be |
4 | appealed to the Commonwealth Court under 42 Pa.C.S. § 763 |
5 | (relating to direct appeals from government agencies). |
6 | Section 2. The definition of "emergency vehicle" in section |
7 | 102 of Title 75 is amended to read: |
8 | § 102. Definitions. |
9 | Subject to additional definitions contained in subsequent |
10 | provisions of this title which are applicable to specific |
11 | provisions of this title, the following words and phrases when |
12 | used in this title shall have, unless the context clearly |
13 | indicates otherwise, the meanings given to them in this section: |
14 | * * * |
15 | "Emergency vehicle." A fire department vehicle, police |
16 | vehicle, sheriff vehicle, ambulance, advanced life support squad |
17 | vehicle, basic life support squad vehicle, blood delivery |
18 | vehicle, human organ delivery vehicle, hazardous material |
19 | response vehicle, armed forces emergency vehicle, one vehicle |
20 | operated by a coroner or chief county medical examiner and one |
21 | vehicle operated by a chief deputy coroner or deputy chief |
22 | county medical examiner used for answering emergency calls, a |
23 | vehicle owned by or leased to a regional emergency medical |
24 | services council that is used as authorized by the Department of |
25 | Health to respond to an actual or potential disaster, mass |
26 | casualty situation or substantial threat to public health, any |
27 | vehicle owned and operated by the Philadelphia Parking Authority |
28 | established in accordance with 53 Pa.C.S. Ch. 55 (relating to |
29 | parking authorities) and used in the enforcement of 53 Pa.C.S. |
30 | Ch. 57 (relating to taxicabs and limousines in first class |
|
1 | cities), or any other vehicle designated by the State Police |
2 | under section 6106 (relating to designation of emergency |
3 | vehicles by Pennsylvania State Police), or a privately owned |
4 | vehicle used in answering an emergency call when used by any of |
5 | the following: |
6 | (1) A police chief and assistant chief. |
7 | (2) A fire chief, assistant chief and, when a fire |
8 | company has three or more fire vehicles, a second or third |
9 | assistant chief. |
10 | (3) A fire police captain and fire police lieutenant. |
11 | (4) An ambulance corps commander and assistant |
12 | commander. |
13 | (5) A river rescue commander and assistant commander. |
14 | (6) A county emergency management coordinator. |
15 | (7) A fire marshal. |
16 | (8) A rescue service chief and assistant chief. |
17 | * * * |
18 | Section 3. Chapter 31 of Title 75 is amended by adding a |
19 | subchapter to read: |
20 | SUBCHAPTER C |
21 | FINES |
22 | Sec. |
23 | 3121. EMS costs. |
24 | § 3121. EMS costs. |
25 | In addition to any other costs that may be imposed under this |
26 | part for a traffic violation, except for a parking violation, a |
27 | cost of $10 shall be imposed. Moneys collected shall be |
28 | forwarded to the State Treasurer for deposit in the Emergency |
29 | Medical Services Operating Fund. |
30 | Section 4. Section 3807(b)(1)(vii) of Title 75 is amended |
|
1 | and the paragraph is amended by adding a subparagraph to read: |
2 | § 3807. Accelerated Rehabilitative Disposition. |
3 | * * * |
4 | (b) Evaluation and treatment.-- |
5 | (1) A defendant offered Accelerated Rehabilitative |
6 | Disposition for a violation of section 3802 is, as a |
7 | condition of participation in the program, subject to the |
8 | following requirements in addition to any other conditions of |
9 | participation imposed by the court: |
10 | * * * |
11 | (vii) The defendant must pay any other fee, |
12 | surcharge or cost required by law. Except as set forth in |
13 | subparagraph (vi) [or], (viii) or (ix), a fee or |
14 | financial condition imposed by a judge as a condition of |
15 | Accelerated Rehabilitative Disposition or any other |
16 | preliminary disposition of any charge under this chapter |
17 | shall be distributed as provided for in 42 Pa.C.S. §§ |
18 | 3571 (relating to Commonwealth portion of fines, etc.) |
19 | and 3573 (relating to municipal corporation portion of |
20 | fines, etc.). |
21 | * * * |
22 | (ix) The defendant shall pay a cost of $25 which |
23 | shall be forwarded to the State Treasurer for deposit in |
24 | the Emergency Medical Services Operating Fund. |
25 | * * * |
26 | Section 5. The addition of 35 Pa.C.S. Ch. 72 is a |
27 | continuation of the former act of July 3, 1985, (P.L.164, No. |
28 | 45), known as the Emergency Medical Services Act. Except as |
29 | otherwise provided in 35 Pa.C.S. Ch. 72, all activities |
30 | initiated under the Emergency Medical Services Act shall |
|
1 | continue and remain in full force and effect and may be |
2 | completed under 35 Pa.C.S. Ch. 72. Resolutions, orders, |
3 | regulations, rules and decisions which were made under the |
4 | Emergency Medical Services Act and which are in effect on the |
5 | effective date of this section shall remain in full force and |
6 | effect until revoked, vacated or modified under 35 Pa.C.S. Ch. |
7 | 72. Contracts, obligations and agreements entered into under the |
8 | Emergency Medical Services Act are not affected nor impaired by |
9 | the repeal of the Emergency Medical Services Act. |
10 | Section 6. Repeals are as follows: |
11 | (1) The General Assembly declares that the repeal under |
12 | paragraph (2) is necessary to effectuate the addition of 35 |
13 | Pa.C.S. Ch. 72. |
14 | (2) The act of July 3, 1985, (P.L.164, No.45), known as |
15 | the Emergency Medical Services Act, is repealed. |
16 | Section 7. The Department of Health, in consultation with |
17 | the board, shall promulgate all regulations needed to implement |
18 | this act within two years after the effective date of this |
19 | section. This act shall be liberally construed for that purpose, |
20 | and the absence of express authority to adopt regulations in any |
21 | provision of this act shall not be construed to preclude the |
22 | authority to adopt regulations to carry out that provision. Upon |
23 | promulgation of all regulations under this section, the |
24 | Secretary of Health shall transmit notice to the Legislative |
25 | Reference Bureau for publication in the Pennsylvania Bulletin. |
26 | Section 8. Any reference in a statute or regulation to an |
27 | ambulance service shall be interpreted as referencing an |
28 | emergency medical services agency and any reference to the |
29 | former act of July 3, 1985 (P.L.164, No.45), known as the |
30 | Emergency Medical Services Act, shall be construed as a |
|
1 | reference to 35 Pa.C.S. Ch. 72. |
2 | Section 9. This act shall take effect as follows: |
3 | (1) The addition of the following provisions of 35 |
4 | Pa.C.S. shall take effect 180 days after publication of the |
5 | notice under section 7 of this act: |
6 | (i) Section 7213(a), (c), (d) and (n). |
7 | (ii) Section 7214. |
8 | (iii) Section 7215. |
9 | (iv) Section 7216. |
10 | (v) Section 7217. |
11 | (vi) Section 7218. |
12 | (vii) Section 7219. |
13 | (viii) Section 7220. |
14 | (ix) Section 7222. |
15 | (x) Section 7229. |
16 | (xi) Section 7230. |
17 | (xii) Section 7231. |
18 | (xiii) Section 7232. |
19 | (xiv) Section 7233. |
20 | (xv) Section 7234. |
21 | (xvi) Section 7235. |
22 | (xvii) Section 7236. |
23 | (xviii) Section 7237. |
24 | (xix) Section 7238. |
25 | (xx) Section 7240. |
26 | (xxi) Section 7241. |
27 | (xxii) Section 7242. |
28 | (2) The following provisions shall take effect |
29 | immediately: |
30 | (i) The amendment of the definition of "emergency |
|
1 | vehicle" in 75 Pa.C.S. § 102. |
2 | (ii) Section 5 of this act. |
3 | (iii) Section 6 of this act. |
4 | (iv) Section 7 of this act. |
5 | (v) This section. |
6 | (3) The remainder of this act shall take effect in 180 |
7 | days. |
|