EMERGENCY MEDICAL SERVICES ACT — 1985 Pa. Act 45 (historical enacted text)

Historical Act text part 1

HOUSE AMENDED
PRIOR PRINTER'S NOS. 717, 934, 1211 PRINTER'S NO. 1277
INTRODUCED BY WILT, WILLIAMS, EARLY, PETERSON, HOWARD, BODACK,
ROCKS AND ARMSTRONG, MARCH 27, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 27, 1985
AN ACT
1 Relating to the prevention and reduction of premature death and <--
2 disability in this Commonwealth; providing for assistance,
3 coordination and support of the development and maintenance
4 of a comprehensive emergency medical services system and for
5 qualifications, eligibility and certification of emergency
6 medical services personnel and licensing ambulance services;
7 imposing powers and duties on the Department of Health; and
8 making repeals.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Legislative findings and intent.
12 Section 3. Definitions.
13 Section 4. Emergency medical services system.
14 Section 5. Duties of department.
15 Section 6. Pennsylvania Trauma Systems Foundation.
16 Section 7. State Advisory Council.
17 Section 8. Emergency medical services councils.
18 Section 9. Comprehensive emergency medical services development
19 plan.
1 Section 10. Contracts for initiation, maintenance, expansion or
2 improvement of emergency medical services
3 systems.
4 Section 11. Emergency medical services personnel.
5 Section 12. Minimum standards for ambulance service.
6 Section 13. Limitation of liability for failure to obtain
7 consent.
8 Section 14. Prohibited acts.
9 Section 15. Penalties.
10 Section 16. Allocations.
11 Section 17. Severability.
12 Section 18. Repeals.
13 Section 19. Effective date.
14 RELATING TO THE PREVENTION AND REDUCTION OF PREMATURE DEATH AND <--
15 DISABILITY IN THIS COMMONWEALTH; PROVIDING FOR ASSISTANCE,
16 COORDINATION AND SUPPORT OF THE DEVELOPMENT AND MAINTENANCE
17 OF A COMPREHENSIVE EMERGENCY MEDICAL SERVICES SYSTEM AND FOR
18 QUALIFICATIONS, ELIGIBILITY AND CERTIFICATION OF EMERGENCY
19 MEDICAL SERVICES PERSONNEL AND LICENSING AMBULANCE SERVICES;
20 IMPOSING POWERS AND DUTIES ON THE DEPARTMENT OF HEALTH; AND
21 MAKING REPEALS.
22 TABLE OF CONTENTS
23 SECTION 1. SHORT TITLE.
24 SECTION 2. LEGISLATIVE FINDINGS AND INTENT.
25 SECTION 3. DEFINITIONS.
26 SECTION 4. EMERGENCY MEDICAL SERVICES SYSTEM.
27 SECTION 5. DUTIES OF DEPARTMENT.
28 SECTION 6. PENNSYLVANIA TRAUMA SYSTEMS FOUNDATION.
29 SECTION 7. STATE ADVISORY COUNCIL.
30 SECTION 8. EMERGENCY MEDICAL SERVICES COUNCILS.
31 SECTION 9. COMPREHENSIVE EMERGENCY MEDICAL SERVICES DEVELOPMENT
32 PLAN.
33 SECTION 10. CONTRACTS FOR INITIATION, MAINTENANCE, EXPANSION OR
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1 IMPROVEMENT OF EMERGENCY MEDICAL SERVICES
2 SYSTEMS.
3 SECTION 11. EMERGENCY MEDICAL SERVICES PERSONNEL.
4 SECTION 12. MINIMUM STANDARDS FOR AMBULANCE SERVICE.
5 SECTION 13. LIMITATION OF LIABILITY FOR FAILURE TO OBTAIN
6 CONSENT.
7 SECTION 14. SUPPORT OF EMERGENCY MEDICAL SERVICES.
8 SECTION 15. PROHIBITED ACTS.
9 SECTION 16. PENALTIES.
10 SECTION 17. ALLOCATIONS.
11 SECTION 18. SEVERABILITY.
12 SECTION 19. REPEALS.
13 SECTION 20. EFFECTIVE DATE.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title. <--
17 This act shall be known and may be cited as the Emergency
18 Medical Services Act.
19 Section 2. Legislative findings and intent.
20 (a) Findings.--The General Assembly finds it to be in the
21 public interest to assure readily available and coordinated
22 emergency medical services of the highest quality to the people
23 of Pennsylvania. The purposes of emergency medical services are
24 to prevent premature death and reduce suffering and disability
25 that arise from critical illness and injury.
26 (b) Intent.--
27 (1) It is the intention of the General Assembly and the
28 purpose of this act to establish and maintain an effective
29 and efficient emergency medical services system which is
30 accessible on a uniform basis to all Pennsylvania residents
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1 and to visitors to this Commonwealth.
2 (2) The General Assembly further intends that residents
3 and visitors to this Commonwealth should have prompt and
4 unimpeded access to basic and advanced life support emergency
5 medical care throughout this Commonwealth.
6 (3) It is the intent of the General Assembly that the
7 Secretary of Health, in developing a stratified system of
8 trauma care, shall, whenever feasible, involve local citizens
9 in the decisionmaking process.
10 Section 3. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Advanced life support." The advanced prehospital and
15 interhospital emergency medical care of serious illness or
16 injury by appropriately trained health professionals and by
17 certified EMT-paramedics.
18 "Ambulance." Any vehicle which is specifically designed,
19 constructed or modified and equipped, and is used or intended to
20 be used, and is maintained or operated, for the purpose of
21 providing emergency medical care to, and transportation of,
22 patients. The term includes advanced or basic life support
23 vehicles that may or may not transport patients.
24 "Ambulance attendant." An individual who holds a valid
25 certificate evidencing the successful completion of a course in
26 advanced first aid sponsored by the American Red Cross and a
27 valid certificate evidencing the successful completion of a
28 course in cardiopulmonary resuscitation sponsored by the
29 American Heart Association or the American Red Cross, or an
30 individual who can evidence the successful completion of an
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1 equivalent training program approved by the department.
2 "Ambulance service." An entity which regularly engages in
3 the business or service of providing emergency medical care and
4 transportation of patients within this Commonwealth. The term
5 includes mobile advanced life support services that may or may
6 not transport patients.
7 "Basic life support services." The prehospital or
8 interhospital emergency medical care and management of illness
9 or injury performed by specially trained and certified or
10 licensed personnel.
11 "Council." The State Advisory Council, which shall be known
12 as the Board of Directors of the Pennsylvania Emergency Health
13 Services Council.
14 "Department." The Department of Health of the Commonwealth.
15 "Emergency." A combination of circumstances resulting in a
16 need for immediate medical intervention.
17 "Emergency medical services." The services utilized in
18 responding to the needs of an individual for immediate medical
19 care in order to prevent loss of life or aggravation of
20 physiological or psychological illness or injury.
21 "Emergency medical services council." A nonprofit
22 incorporated entity or appropriate equivalent whose function is
23 to plan, develop, maintain, expand and improve emergency medical
24 services systems within a specific geographical area of this
25 Commonwealth and which is deemed by the department as being
26 representative of the health professions and major public and
27 voluntary agencies, organizations and institutions concerned
28 with providing emergency medical services.
29 "Emergency medical services system." The arrangement of
30 personnel, facilities and equipment for the effective and
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1 coordinated delivery of emergency medical services required in
2 prevention and management of incidents which occur either as a
3 result of a medical emergency or of an accident, natural
4 disaster or similar situation.
5 "Emergency medical technician." An individual who is trained
6 to provide emergency medical services and is certified as such
7 by the department in accordance with the current national
8 standard curriculum for basic emergency medical technicians as
9 set forth in the rules and regulations promulgated by the
10 department.
11 "Emergency medical technician-paramedic (referred to as EMT-
12 paramedic)." An emergency medical technician specifically
13 trained to provide advanced life support services who is
14 certified as such by the department in accordance with the
15 current national standard curriculum for emergency medical
16 technician-paramedics as set forth in the rules and regulations
17 promulgated by the department.
18 "Facility." A hospital.
19 "Foundation." The Pennsylvania Trauma System Foundation.
20 "Health professional." A licensed physician or professional
21 registered nurse who has education and continuing education in
22 advanced life support and prehospital care.
23 "Hospital." An institution having an organized medical staff
24 which is primarily engaged in providing to inpatients, by or
25 under the supervision of physicians, diagnostic and therapeutic
26 services or rehabilitation services for the care or
27 rehabilitation of injured, disabled, pregnant, diseased, sick or
28 mentally ill persons. The term includes facilities for the
29 diagnosis and treatment of disorders within the scope of
30 specific medical specialties, but not facilities caring
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1 exclusively for the mentally ill.
2 "Invalid coach." A vehicle which is primarily maintained,
3 operated and intended to be used for routine transport of
4 persons who are convalescent or otherwise nonambulatory and do
5 not ordinarily require emergency medical treatment while in
6 transit. Such vehicles shall not be considered ambulance or
7 emergency medical service vehicles.
8 "Medical command." An order given to a provider of emergency
9 medical services by an authorized medical command physician who
10 meets qualifications prescribed by the department.
11 "Medical command facility." The distinct unit within a
12 facility that contains the necessary equipment and personnel for
13 providing medical command and control to an ambulance service.
14 "Patient." An individual who is sick, injured, wounded or
15 otherwise incapacitated and helpless and who needs immediate
16 medical attention.
17 "Pennsylvania Trauma Systems Foundation." A nonprofit
18 Pennsylvania corporation whose function is to accredit trauma
19 centers in this Commonwealth. Members of the foundation shall
20 include representatives of State organizations that represent
21 hospitals, physicians and registered professional nurses; other
22 medical service organizations with expertise in the delivery of
23 trauma services; and the secretary, or his designee. Each
24 organization shall have one vote.
25 "Providers of emergency medical services." Any facility,
26 basic life support service or advanced life support service.
27 "Rescue vehicle." A vehicle which is designed or modified
28 and equipped for rescue operations to release persons from
29 entrapment and which is not routinely used for emergency medical
30 care or transport of patients.
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1 "Rural area." An area outside urbanized areas as defined by
2 the United States Bureau of the Census.
3 "Secretary." The Secretary of Health of the Commonwealth.
4 "Special care unit." An appropriately equipped area of the
5 hospital where provision has been made for a concentration of
6 physicians, nurses and others who have special skills and
7 experiences to provide medical care for critically ill patients.
8 "Trauma center." A facility accredited in accordance with
9 section 6.
10 "Volunteer Ambulance Services Certification (VASC)." The
11 program administered by the department on the effective date of
12 this act for the purpose of certifying ambulance services.
13 Section 4. Emergency medical services system.
14 The secretary shall establish and maintain programs to ensure
15 that the Commonwealth's emergency medical services system shall:
16 (1) Include an adequate number of health professionals
17 and other health personnel with appropriate training and
18 experience.
19 (2) Provide continuous training for its personnel,
20 including clinical training and continuing education programs
21 which are coordinated with other programs in the system's
22 service area which provide similar training and education.
23 (3) Join personnel, facilities and equipment,
24 coordinated by a central communication system, so that
25 requests for emergency medical services will be handled by
26 communications facilities which:
27 (i) utilize emergency medical telecommunications
28 screening to determine the appropriate emergency service
29 response;
30 (ii) are accessible to the general public through a
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1 common telephone number and, where feasible, the
2 universal emergency telephone number 911; and
3 (iii) will have direct communications with the
4 personnel, facilities and equipment of this system and
5 with other appropriate emergency medical services
6 systems.
7 (4) Include an adequate number of ambulances and other
8 transportation means to meet the individual characteristics
9 of the system's service area wherein:
10 (i) the ambulances and other vehicles meet criteria
11 relating to location, design, performance and equipment;
12 and
13 (ii) all operators and other personnel staffing the
14 vehicles meet appropriate training and experience
15 requirements.
16 (5) Include an adequate number of easily accessible
17 facilities which:
18 (i) are collectively capable of providing emergency
19 medical services on a continuous basis;
20 (ii) have appropriate nonduplicative and categorized
21 capabilities;
22 (iii) meet appropriate standards relating to
23 capacity, location, personnel and equipment; and
24 (iv) are coordinated with other health care
25 facilities of the system.
26 (6) Provide access, including appropriate
27 transportation, to trauma centers in the system's service
28 area or, if there are no centers or an inadequate number of
29 centers in the area, provide access to the centers in
30 neighboring areas if access to those centers is feasible in
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1 terms of time and distance.
2 (7) Provide, as necessary, for transfer of patients to
3 facilities or programs which offer followup care and
4 rehabilitation as is necessary to effect the maximum recovery
5 of the patient.
6 (8) Provide for the effective utilization of the
7 appropriate personnel, facilities and equipment of each
8 entity providing emergency medical services in the system's
9 service area.
10 (9) Be organized in a manner that provides persons who
11 reside in the system's service area and who have no
12 professional or financial interest in the provision of health
13 care with an adequate opportunity to participate in the
14 making of policy for the system.
15 (10) Provide necessary emergency medical services to all
16 patients requiring the services.
17 (11) Provide for a standardized patient data collection
18 system which covers all phases of the system.
19 (12) Provide programs of public education, information
20 and prevention in the system's service area, taking into
21 account the needs of visitors to and residents of that area
22 to know or easily access the means of obtaining emergency
23 medical services. These programs shall stress the general
24 dissemination of information regarding appropriate methods of
25 first aid and cardiopulmonary resuscitation and the
26 availability of first aid training programs in the area.
27 (13) Provide for:
28 (i) Periodic, comprehensive review and evaluation of
29 the extent and quality of the emergency health care
30 services provided in the system's service area.
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1 (ii) Submission to the department of the reports of
2 each review and evaluation.
3 (14) Have a plan to assure that the system will be
4 capable of providing emergency medical services in the
5 system's service area during mass casualty situations,
6 natural disasters or declared states of emergency in
7 consonance with 35 Pa.C.S. § 7101 et seq. (relating to
8 emergency management services) and in coordination with the
9 Pennsylvania Emergency Management Agency.
10 (15) Provide for the establishment of appropriate
11 arrangements with ambulance services serving neighboring
12 areas for the provision of emergency medical services on a
13 reciprocal basis where access to such areas would be more
14 appropriate and effective in terms of the services available,
15 time and distance.
16 Section 5. Duties of department.
17 (a) Duty.--It shall be the duty of the secretary to plan,
18 guide, assist and coordinate the development of areawide
19 emergency medical services systems into a unified Statewide
20 system and to coordinate the system with similar systems in
21 neighboring states.
22 (b) Authority.--The department shall be the Commonwealth
23 lead agency for emergency medical services in this Commonwealth.
24 The department shall have authority to:
25 (1) Maintain and coordinate a program for planning,
26 developing, maintaining, expanding, improving and upgrading
27 emergency medical services systems throughout this
28 Commonwealth.
29 (2) Establish, by regulation, standards and criteria
30 governing the award and administration of contracts under
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1 this act.
2 (3) Require the collection and maintenance of
3 standardized patient data and information by ambulance
4 services licensed under section 12. Each ambulance service
5 shall insure that the responding ambulance personnel will
6 complete a summary for each ambulance call to which they
7 respond containing such information as prescribed and on
8 forms provided by the department. Such summary information
9 shall require essential information only and shall be
10 reasonable in detail. Reports required pursuant to this
11 section shall be confidential and not open to public
12 inspection or dissemination. This shall not restrict the
13 collection and analysis of data by the department or by those
14 with whom the department contracts, subject to strict
15 supervision by the department to insure that the use of the
16 reports is limited to specific research and planning
17 purposes.
18 (4) Collect, as deemed necessary and appropriate, data
19 and information regarding patients admitted to a facility
20 through the emergency department, through a trauma center or
21 directly to a special care unit, in a manner which protects
22 and maintains the confidential nature of patient records.
23 (5) Prepare a Commonwealth plan for emergency medical
24 services development in accordance with the provisions of
25 section 9.
26 (6) Define and approve training programs and accredit
27 educational institutions for emergency medical services
28 training of emergency medical services personnel, including,
29 but not limited to, emergency medical technicians and EMT-
30 paramedics and other emergency medical services personnel.
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1 (7) Provide technical assistance to local government,
2 emergency medical services providers and other entities for
3 the purpose of assuring effective planning and execution of
4 programs under this act.
5 (8) Administer contracts authorized under this act and
6 grants pursuant to 23 U.S.C. § 402, pertaining to emergency
7 medical services and all other Federal laws pertaining to
8 emergency medical services.
9 (9) Establish minimum standards for, license and inspect
10 ambulance services in accordance with section 12.
11 (10) Maintain a quality assurance program for the
12 purpose of monitoring the delivery of emergency medical
13 services.
14 (11) Promulgate rules and regulations to establish
15 standards and criteria for emergency medical services
16 systems.
17 (12) Integrate trauma centers into the emergency medical
18 services system.
19 (13) Investigate complaints related to the delivery of
20 services by trauma centers and forward the results of the
21 investigation to the accrediting entity with a recommendation
22 for action.
23 (14) Compile and maintain statistics on mortality and
24 morbidity on multisystem trauma victims. This data collection
25 shall be coordinated and performed in conjunction with other
26 data collection activities.
27 Section 6. Pennsylvania Trauma Systems Foundation.
28 (a) Trauma center accreditation.--The Pennsylvania Trauma
29 Systems Foundation shall develop a private voluntary
30 accreditation program to:
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1 (1) Establish standards for the operation of trauma
2 centers in this Commonwealth, adopting, at a minimum, the
3 current guidelines for trauma centers as defined by the
4 American College of Surgeons for Level I or Level II trauma
5 centers.
6 (2) Evaluate any hospital which makes application to the
7 foundation to determine if the applicant hospital meets the
8 standards as adopted by the foundation. Such evaluation shall
9 include the conduct of hospital site visits by accreditation
10 survey teams composed of independent, qualified persons
11 selected by the foundation.
12 (3) Issue certificates of accreditation to those
13 hospitals which meet the accreditation standards.
14 Certificates of accreditation may be revoked by the
15 foundation if it is determined that the trauma center no
16 longer meets accreditation standards as set forth in this
17 act.
18 (b) Judicial review.--A person aggrieved by a final
19 determination of the foundation pursuant to this section may
20 file a petition for review within 30 days in the appropriate
21 court of common pleas.
22 (c) Report on accreditation.--Two years after the effective
23 date of this act, the foundation shall forward a report to the
24 General Assembly which describes the results of the trauma
25 center accreditation process in this Commonwealth. The report
26 shall identify those hospitals which have been accredited.
27 (d) Report on impact.--Two years after the effective date of
28 this act, the department shall forward a report to the General
29 Assembly documenting the impact of the trauma center
30 accreditation program upon patient care throughout this
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1 Commonwealth.
2 (e) Prohibition.--No hospital shall hold itself out as a
3 trauma center unless it has a current certificate of
4 accreditation issued under this section.
5 (f) Duty of secretary.--If the foundation has not begun an
6 accreditation program by June 30, 1985, in accordance with this
7 section, the secretary shall establish a trauma center
8 accreditation program.
9 Section 7. State Advisory Council.
10 (a) Designation and composition.--The State Advisory Council
11 shall be known as the Board of Directors of the Pennsylvania
12 Emergency Health Services Council which shall be composed of
13 volunteer, professional and paraprofessional organizations
14 involved in emergency medical services. The council shall be
15 geographically representative of the provider organizations
16 which represent emergency medical technicians, EMT-paramedics,
17 registered nurses, firefighters, emergency medical services
18 councils, physicians, hospital administrators and other health
19 care providers concerned with emergency medical services. The
20 council may be composed of up to 30 organizations. Each
21 organization shall have one voting member.
22 (b) Duties.--The council shall:
23 (1) Elect its own officers.
24 (2) Advise the department on matters relating to
25 manpower and training, communications, ambulance services,
26 special care units and the content of rules, regulations,
27 standards and policies promulgated by the department under
28 this act, and such other subjects as may be deemed
29 appropriate by the department.
30 (3) Serve as the forum for discussion on the content of
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1 the Statewide emergency medical services development plan, or
2 any proposed revisions thereto, and advise the department as
3 to the content of the plan.
4 (c) Open meetings.--All meetings of the council shall be
5 held in accordance with the provisions of the act of July 19,
6 1974 (P.L.486, No.175), referred to as the Public Agency Open
7 Meeting Law.
8 (d) Terms.--A voting member of the council shall serve a
9 three-year term. A voting member shall not serve more than two
10 consecutive terms.
11 (e) Quorum.--A simple majority of the voting members of the
12 council will constitute a quorum for the transaction of
13 business.
14 (f) Compensation.--Members of the council shall serve
15 without compensation, except the department may pay necessary
16 and reasonable expenses incurred by members while performing
17 official duties.
18 Section 8. Emergency medical services councils.
19 (a) Purpose.--Emergency medical services councils shall
20 assist the department in carrying out the provisions of this
21 act. Every emergency medical services council shall adhere to
22 policy direction established by the department.
23 (b) Organization.--For purposes of this act, the
24 organizational structure of an emergency medical services
25 council shall be one of the following:
26 (1) A unit of general local government, with an advisory
27 council, meeting requirements for representation.
28 (2) A representative public entity administering a
29 compact or other areawide arrangement or consortium.
30 (3) Any other public or private nonprofit entity which
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1 meets requirements for representation.
2 (c) Duties.--Each emergency medical services council shall:
3 (1) Assist the department in achieving the emergency
4 medical services system described in section 4.
5 (2) Assist the department in the collection and
6 maintenance of standardized patient data and information as
7 provided in section 5.
8 (3) Prepare plans for expanding or improving emergency
9 medical services in the area; the plans shall contain such
10 information as prescribed by the secretary.
11 (4) Carry out, to the extent feasible, the emergency
12 medical services plans.
13 (5) Assure the reasonable availability of training
14 programs for emergency medical technicians and EMT-paramedics
15 under section 12(f).
16 (6) Provide necessary and reasonable staff services and
17 appropriate and convenient office facilities that can serve
18 as an areawide location for the planning, developmental
19 maintenance, coordinative and evaluative functions of the
20 council.
21 Section 9. Comprehensive emergency medical services development
22 plan.
23 (a) Preparation.--The department, with the assistance of the
24 council, shall prepare a Statewide emergency medical services
25 development plan, to be completed not later than one year from
26 the effective date of this act, and shall make the plan
27 available to the General Assembly and all concerned agencies,
28 entities and individuals.
29 (b) Content.--At a minimum, the plan shall contain:
30 (1) An inventory of emergency services resources
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1 available within this Commonwealth.
2 (2) An assessment of the effectiveness of existing
3 services and a determination of the need for additional
4 services.
5 (3) A statement of goals and specific measurable
6 objectives for delivery of emergency medical services to all
7 persons in this Commonwealth.
8 (4) Methods to be used in achieving the stated
9 objectives.
10 (5) A schedule for achievement of the stated objectives.
11 (6) A method for evaluating the stated objectives.
12 (7) Estimated costs for achieving the stated objectives.
13 (c) Revisions.--The department shall collect and analyze
14 emergency medical services data for the purpose of:
15 (1) revising annually the emergency medical services
16 development plan, including the status of emergency medical
17 services development, the degree of compliance with the
18 requirements of this act and the effectiveness of emergency
19 medical services systems in reducing morbidity and mortality
20 associated with medical emergencies; and
21 (2) planning future program efforts.
22 (d) Annual reports.--The department shall, annually, publish
23 comprehensive, specific reports of activity and plan
24 implementation.
25 Section 10. Contracts for initiation, maintenance, expansion or
26 improvement of emergency medical services
27 systems.
28 (a) General power.--The secretary may enter into contracts
29 with emergency medical services councils and other appropriate
30 entities for the initiation, expansion, maintenance and
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1 improvement of emergency medical services systems which are in
2 accordance with the Statewide emergency medical services plan.
3 (b) Limitation.--If any contracts are entered into under
4 this section for organization of an emergency medical services
5 council, no other contract may be entered into under this
6 section for any other emergency medical services council for the
7 same area or for an area which includes, in whole or substantial
8 part, such area.
9 (c) Purposes.--Contracts under subsection (a) may only be
10 used for:
11 (1) Providing programs of public education, information
12 and prevention regarding emergency medical services.
13 (2) Purchasing ambulances, medical equipment and rescue
14 equipment.
15 (3) Costs associated with the conduct of training
16 programs for prehospital and interhospital emergency medical
17 services personnel.
18 (4) Costs associated with ambulance service inspection
19 conducted to assist the department with ambulance service
20 licensure.
21 (5) Purchasing communications, including alerting
22 equipment, provided that the purchases are in accordance with
23 the Statewide telecommunications plan.
24 (6) Purchasing certain equipment for hospital emergency
25 departments if the equipment is used or intended to be used
26 in equipment exchange programs with ambulance services.
27 (7) Costs associated with maintenance and operation of
28 emergency medical services councils. Costs may include, but
29 shall not be limited to, salaries, wages and benefits of
30 staff; travel; equipment and supplies; leasing of office
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1 space; and other costs incidental to the conduct of business
2 which are deemed by the secretary to be necessary and
3 appropriate for carrying out the purposes of this act.
4 (8) Costs associated with collection and analysis of
5 data necessary to evaluate the effectiveness of emergency
6 medical services systems in providing emergency medical
7 services.
8 (d) Restriction.--Contract funds may not be used for:
9 (1) Acquisition, construction or rehabilitation of
10 facilities or buildings, except renovation as may be
11 necessary for the implementation of 911 and emergency medical
12 services communication systems.
13 (2) Purchasing hospital equipment unless such equipment
14 is used or intended to be used in an equipment exchange
15 program with ambulance services.
16 (3) Maintenance of ambulances, medical equipment or
17 rescue equipment except as authorized in subsection (c)(2).
18 (4) Costs deemed by the secretary as inappropriate for
19 carrying out the purposes of this act.
20 (5) Costs which are normally borne by patients.
21 (e) Reports.--The recipient of a contract under this act
22 shall make reports to the department as may be required by the
23 secretary.
24 (f) Application prerequisite.--No contract may be made under
25 this section unless:
26 (1) An application has been submitted to the department
27 in a form and format prescribed by the department.
28 (2) The application demonstrates the need for planning,
29 initiation, maintenance, expansion or improvement of an
30 emergency medical services system.
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1 (3) The application contains data and information which
2 demonstrates the qualifications of the applicant to plan,
3 initiate, expand or improve an emergency medical services
4 system and which includes organizational structure and
5 provision for representation of appropriate entities.
6 (4) The application contains an assurance that planning
7 for an emergency medical services system is conducted in
8 cooperation with each areawide health systems agency, where
9 available, whose plan covers, in whole or in part, such area.
10 (g) Technical assistance.--The department shall provide
11 technical assistance, as appropriate, to emergency medical
12 services councils and to such other eligible entities as
13 necessary for the purpose of their carrying out the provisions
14 of contracts under this section, with special consideration for
15 contractors representing rural areas.
16 (h) Payments.--Payments pursuant to contracts under this
17 section may be made in advance or by way of reimbursement and in
18 such installments and on such conditions as the secretary
19 determines will most effectively carry out the provisions of
20 this act.
21 (i) Other grants considered.--In determining the amount of
22 any contract under this act, the amount of funds available to
23 the applicant from nonstate contributions and Federal grant or
24 contract programs pertaining to emergency medical services shall
25 be taken into consideration. Nonstate contributions include the
26 outlay of cash and in-kind services of the contractor or to the
27 contractor or toward the operation of an emergency medical
28 services system by private, public or governmental third
29 parties, including the Federal Government.
30 (j) Other contracts.--Except as provided in subsection (c),
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1 the secretary may enter into contracts with organizations other
2 than emergency medical services councils in order to assist the
3 department in complying with the provisions of this act.
4 (k) Public disclosure.--Finalized contracts shall be deemed
5 public records.
6 Section 11. Emergency medical services personnel.
7 (a) Education.--The department shall assist, encourage and
8 coordinate the education of emergency medical technicians and
9 EMT-paramedics, who shall be certified by the department upon
10 successful completion of courses of instruction recognized by
11 the department and written and practical skill examinations
12 administered by the department or its designees.
13 (1) The department shall develop standards in the form
14 of rules and regulations for the accreditation of appropriate
15 educational institutes and shall be empowered to recognize
16 such institutes as meeting such standards.
17 (2) Emergency medical technician and EMT-paramedic
18 students enrolled in courses recognized by the department
19 shall be subject to the appropriate liability exemptions
20 listed in this section, as shall participating institutes,
21 organizations and facilities pursuant to the provisions of
22 subsection (j)(3).
23 (b) Certification of emergency medical technician.--The
24 department shall certify any person as an emergency medical
25 technician who:
26 (1) Has completed a basic training program for emergency
27 medical technicians approved by the department, which program
28 follows in accordance with the current national standard
29 curriculum for emergency medical technicians as set forth in
30 the rules and regulations promulgated by the department.
19850S0632B1277 - 22 -
1 (2) Has taken and successfully passed a written
2 examination prescribed by the department.
3 (3) Has taken and successfully passed a practical test
4 of emergency medical technician skills prescribed by the
5 department.
6 (4) Is at least 16 years of age.
7 Notwithstanding the provisions of the act of July 20, 1974
8 (P.L.551, No.190), known as the Medical Practice Act of 1974, or
9 the provisions of any act to the contrary, any person with a
10 valid certification from the department as an emergency medical
11 technician may, in the case of an emergency, perform those
12 duties as deemed appropriate by the department in accordance
13 with rules and regulations promulgated under this act.
14 (c) Eligibility.--To be eligible to enroll in a course
15 leading to certification as an EMT-paramedic, a person shall:
16 (1) be at least 18 years of age;
17 (2) have a high school diploma or its equivalent; and
18 (3) be currently certified by the department as an
19 emergency medical technician.
20 (d) Certification of EMT-paramedic.--The department shall
21 certify a person as an EMT-paramedic, provided the person meets
22 the requirements of subsection (c) and:
23 (1) Completes a training course for EMT-paramedics
24 approved by the department, which course follows in
25 accordance with the current national standard curriculum for
26 emergency medical technician-paramedics as set forth in the
27 rules and regulations promulgated by the department.
28 (2) Is verified as having demonstrated competency in all
29 required skills.
30 (3) Takes and passes a written examination for EMT-
19850S0632B1277 - 23 -
1 paramedics prescribed by the department.
2 Notwithstanding the provisions of the Medical Practice Act of
3 1974, or the provisions of any other act to the contrary, any
4 person with a valid certification from the department as an EMT-
5 paramedic may, in the case of an emergency, perform those duties
6 as deemed appropriate by the department in accordance with rules
7 and regulations promulgated under this act.
8 (e) Scope of practice.--Emergency medical technician and
9 EMT-paramedic.--The services provided by an emergency medical
10 technician or EMT-paramedic are limited to the services required
11 in responding to the perceived needs of an individual for
12 immediate medical care in order to prevent loss of life or
13 aggravation of physiological or psychological illness or injury.
14 Such services shall only be delivered in a prehospital,
15 interhospital or emergency care setting in a hospital, shall not
16 include diagnosis and treatment of nonurgent care and shall be
17 subject to rules and regulations promulgated by the department.
18 (f) Physician communication.--Any licensed physician who is
19 approved for such responsibility by the department may give
20 appropriate medical commands via radio or other
21 telecommunications device to an emergency medical technician or
22 EMT-paramedic or health professional consistent with respective
23 levels of skill and education and regulations promulgated
24 pursuant to this act.
25 (g) Drug administration.--Every licensed physician giving a
26 medical command to an EMT-paramedic or health professional
27 requiring administration of a drug shall first identify the drug
28 and then specify the dosage and the manner of administration.
29 (h) Standing orders.--When specified in the approved
30 emergency medical services council transfer and medical
19850S0632B1277 - 24 -
1 treatment protocols established pursuant to rules and
2 regulations, an emergency medical technician, EMT-paramedic or
3 health professional may perform specific emergency skills and
4 treatment prior to the initiation of medical command.
5 (i) Care where communications are disrupted.--If
6 telecommunications cannot be established between an emergency
7 medical technician or an EMT-paramedic, or a health professional
8 and a licensed physician, or if telecommunications once
9 established are interrupted and cannot be reestablished, an
10 emergency medical technician or an EMT-paramedic or health
11 professional may initiate and continue emergency medical care in
12 accordance with the approved emergency medical services council
13 transfer and medical treatment protocols established pursuant to
14 rules and regulations.
15 (j) Liability.--
16 (1) No authorized medical command physician who in good
17 faith gives instructions to an emergency medical technician
18 or EMT-paramedic or health professional shall be liable for
19 any civil damages as a result of issuing the instructions,
20 unless guilty of gross or willful negligence.
21 (2) No emergency medical technician or EMT-paramedic or
22 health professional who in good faith attempts to render or
23 facilitate emergency medical care authorized by this act
24 shall be liable for civil damages as a result of any acts or
25 omissions, unless guilty of gross or willful negligence. This
26 provision shall apply to students enrolled in approved
27 courses of instruction and supervised pursuant to rules and
28 regulations.
29 (3) No approved emergency medical services training
30 institute nor any entity participating as part of any
19850S0632B1277 - 25 -
1 approved educational program offered by such institute as
2 authorized by this act shall be liable for any civil damages
3 as a result of primary and continuing educational practice by
4 duly enrolled students under proper supervision, unless
5 guilty of gross or willful negligence.
6 (4) No medical command facility recognized by the
7 department which in good faith provides medical commands to
8 an emergency medical technician, EMT-paramedic or health
9 professional in accordance with this act shall be liable for
10 any civil damages as a result of issuing instructions, unless
11 guilty of gross or willful negligence.
12 (5) No emergency medical technician or EMT-paramedic who
13 in good faith attempts to render emergency care authorized by
14 this act at an emergency scene while enroute to a place of
15 employment shall receive any form of reprimand or penalty by
16 an employer as a result of late arrival at the place of
17 employment. An employer may request written verification from
18 any such emergency medical technician or EMT-paramedic, who
19 shall obtain the written verification from either the police
20 officer or ambulance personnel who is in charge at the
21 emergency scene.
22 (k) Continuity of care.--Until rules and regulations are
23 promulgated under this act, certified prehospital personnel
24 shall comply with the rules and regulations in effect on the
25 effective date of this act.
26 Section 12. Minimum standards for ambulance service.
27 (a) License required.--Two years after the effective date of
28 the rules and regulations promulgated under this act, no person,
29 as an owner, agent or otherwise, shall operate, conduct,
30 maintain, advertise or otherwise engage in or profess to be
19850S0632B1277 - 26 -
1 engaged in providing a basic life support ambulance service or
2 an advanced life support service upon the highways or in any
3 other public place within this Commonwealth unless that person
4 holds a currently valid license as a basic life support
5 ambulance service or advanced life support ambulance service
6 issued by the department pursuant to this act or unless such
7 person is exempted under the provisions of subsection (r).
8 (b) Application.--A person desiring to secure a license to
9 maintain and operate an ambulance service shall submit an
10 application to the department within one year from the effective
11 date of rules and regulations promulgated under this act.
12 Applications for an ambulance service license shall be made on
13 forms prescribed by the department and shall contain such
14 information as the department considers necessary to determine
15 that the ambulance service meets the requirements under this act
16 and related rules and regulations. Applications for renewal of a
17 license shall be made on forms prescribed by the department in
18 accordance with the rules and regulations promulgated by the
19 department.
20 (c) Fees.--The department shall levy no fee for licenses for
21 basic or advanced life support ambulance services.
22 (d) Rules and regulations.--Within one year of the effective
23 date of this act, the secretary shall promulgate rules and
24 regulations setting forth the minimum essential equipment for
25 ambulances used to provide basic or advanced life support
26 services in this Commonwealth and shall prescribe design
27 criteria for any vehicle used or intended to be used as an
28 ambulance. Equipment listed shall include the minimum essential
29 equipment required for effective operation and rendering of
30 appropriate emergency medical care in accordance with current
19850S0632B1277 - 27 -
1 national standards.
2 (e) Minimum standards for staffing.--Minimum staffing
3 standards for ambulance services which operate at the basic life
4 support level of care shall be as follows:
5 (1) Upon the effective date of this act, all ambulances
6 in this Commonwealth, when transporting a patient or
7 patients, shall be operated with a minimum staffing of two
8 persons, one of whom shall accompany the patient in the
9 patient compartment during transport.
10 (2) One year after the effective date of this act, each
11 ambulance service shall require that an ambulance, when
12 transporting a patient or patients, except for routine
13 transfer of convalescent or other nonemergency cases, shall
14 be staffed by at least two persons. One person shall at least
15 qualify as an ambulance attendant as defined in this act and
16 shall accompany the patient in the patient compartment of the
17 ambulance during transport.
18 (3) Two years after the effective date of this act, all
19 ambulances, when transporting a patient or patients, except
20 for routine transfer of convalescent or other nonemergency
21 cases, shall be staffed by at least two persons, who shall,
22 at least, qualify as ambulance attendants. At least one
23 attendant shall accompany the patient in the patient
24 compartment of the ambulance during transport.
25 (4) Three years after the effective date of this act,
26 all ambulances, when transporting a patient or patients,
27 except for routine transfer of convalescent or other
28 nonemergency cases, shall be staffed by at least two persons,
29 one of whom shall be an emergency medical technician, EMT-
30 paramedic or health professional, and one of whom shall, at
19850S0632B1277 - 28 -
1 least qualify as an ambulance attendant. The emergency
2 medical technician, EMT-paramedic or health professional
3 shall accompany the patient in the patient compartment.
4 (f) Training.--The department shall assure the availability
5 of emergency medical technician training for those individuals
6 who show evidence of sponsorship by a licensed ambulance service
7 as provided by this act or by a person or entity having made
8 application to become a licensed ambulance service. This
9 training shall be available to each county of this Commonwealth
10 at reasonable cost in accordance with policies and guidelines
11 published by the department upon advice from the council.
12 (g) Staff for advanced life support vehicle.--
13 (1) Upon the effective date of this act, each advanced
14 life support service shall require that at least two persons
15 shall respond to calls for assistance. This staff shall
16 consist of one of the following:
17 (i) Two health professionals.
18 (ii) One health professional and either one
19 emergency medical technician or one EMT-paramedic.
20 (iii) One emergency medical technician and one EMT-
21 paramedic.
22 (2) Paragraph (1) shall not apply as follows:
23 (i) Temporary licenses may be issued to advanced
24 life support services which are not generally able to
25 provide this service 24 hours per day and 7 days per week
26 in accordance with subsection (n).
27 (ii) An advanced life support ambulance service may
28 be staffed by one EMT-paramedic or one health
29 professional when responding to calls for assistance,
30 provided that the minimum advanced life support staffing
19850S0632B1277 - 29 -
1 requirements set forth in this subsection are met during
2 emergency medical treatment and transport of the patient.
3 (h) Issuance of license.--The department shall issue a
4 license to an ambulance service pursuant to this act when it is
5 satisfied that the following standards have been met:
6 (1) The ambulance service is staffed by responsible
7 persons.
8 (2) The ambulance or other vehicle used to provide
9 emergency medical services is adequately constructed,
10 equipped, maintained and operated to safely and efficiently
11 render the services offered.
12 (3) The ambulance service meets the required staffing
13 standards set forth in this act.
14 (4) The ambulance service provides safe and efficient
15 services which are adequate for the emergency medical care,
16 the treatment and comfort and, when appropriate, the
17 transportation of patients.
18 (5) There is compliance with the rules and regulations
19 promulgated by the department under this act.
20 (i) Nontransferability of license.--A license to operate a
21 basic life support ambulance service, or an advanced life
22 support service, is not transferable and shall remain valid for
23 a period of three years unless revoked or suspended by the
24 department.
25 (j) Display.--The license shall at all times be posted in a
26 conspicuous place on the ambulance or mobile advanced life
27 support vehicle.
28 (k) Inspection.--Each basic life support ambulance service
29 and advanced life support ambulance service and its vehicles,
30 equipment and personnel qualifications shall be inspected by the
19850S0632B1277 - 30 -
1 department or its representative. The inspections shall be
2 conducted, from time to time, as deemed appropriate and
3 necessary, but not less than once every three years.
4 (l) Refusal or suspension.--The department may refuse to
5 renew a license or may suspend or revoke a license of an
6 ambulance service for the following reasons:
7 (1) A serious violation of the provisions of this act or
8 of the regulations for minimum ambulance standards
9 promulgated under this act. For purposes of this paragraph, a
10 serious violation is one which poses a continued significant
11 threat to the health of the patient.
12 (2) Failure of a licensee to submit a reasonable
13 timetable to correct deficiencies.
14 (3) The existence of a continuing pattern of
15 deficiencies over a period of three or more years.
16 (4) Failure, by the holder of a provisional license, to
17 correct deficiencies in accordance with a timetable submitted
18 by the applicant or licensee and agreed upon by the
19 department.
20 (5) Fraud or deceit in obtaining or attempting to obtain
21 a license.
22 (6) Lending, borrowing or using the license of another,
23 or in any way knowingly aiding or abetting the improper
24 granting of a license.
25 (7) Incompetence, negligence or misconduct in operating
26 the ambulance service or in providing emergency medical
27 services to patients.
28 (m) Provisional license.--When there are numerous
29 deficiencies or a serious specific deficiency in compliance with
30 this act or rules or regulations promulgated thereunder, the
19850S0632B1277 - 31 -
1 department may issue a provisional license for operation of an
2 ambulance service when the department deems it is in the public
3 interest to do so. The provisional license shall be valid for a
4 period not to exceed 90 days and may be renewed only once by the
5 department.
6 (n) Temporary license.--When a new or existing advanced life
7 support service cannot provide service 24 hours a day, 7 days a
8 week, the department may issue a temporary license for operation
9 of the advanced life support service when the department deems
10 it is in the public interest to do so. The temporary license
11 shall be valid for a period not to exceed one year.
12 (o) Violation.--
13 (1) Upon determining that a violation of this act or
14 rules and regulations promulgated thereunder exists, the
15 department shall issue a written notice to the ambulance
16 service specifying the violation or violations that have been
17 found. The notice shall require the ambulance service to take
18 action or submit a plan of correction to the department that
19 shall bring the ambulance service into compliance with
20 applicable law or regulations within a specified period of
21 time. The plan of correction must be submitted within 30 days
22 of receipt of the written notice.
23 (2) If, after such reasonable time for compliance, the
24 department determines that the violation persists, the
25 department shall afford the holder of the license an
26 opportunity for an administrative hearing to be conducted by
27 the department pursuant to Title 2 of the Pennsylvania
28 Consolidated Statutes (relating to administrative law and
29 procedure). If, after the hearing, the department rules that
30 the license shall be suspended or revoked, appeals may be
19850S0632B1277 - 32 -
1 taken as provided by law.
2 (p) Cessation of service.--Upon suspension or revocation of
3 a license, the service shall cease operations and no person
4 shall permit or cause the service to continue.
5 (q) Discontinuance of service.--Holders of licenses to
6 operate a basic life support ambulance service or an advanced
7 life support service shall not discontinue service until 90 days
8 after the holder notifies the department, in writing, that the
9 service is to be discontinued. Notice to the department shall
10 include a statement that the licensee has notified the chief
11 executive officer of each political subdivision in the
12 licensee's ambulance service area of the intent to discontinue
13 ambulance service and that the intent to discontinue service has
14 been advertised in a newspaper of general circulation in the
15 licensee's service area.
16 (r) License not required.--For ambulance services owned and
17 operated by a hospital licensed under Chapter 8 of the act of
18 July 19, 1979 (P.L.130, No.48), known as the Health Care
19 Facilities Act, a separate ambulance service license pursuant to
20 this act shall not be required. All such ambulance services
21 shall, nevertheless, be subject to the standards and criteria
22 set forth in this act and the rules and regulations promulgated
23 thereunder.
24 (s) VASC services.--Basic life support ambulance services
25 that are VASC certified upon the effective date of the rules and
26 regulations for ambulance licensure promulgated under this act
27 shall be deemed in compliance with this act until the expiration
28 of their current VASC certification. Prior to the expiration of
29 VASC certification, an ambulance service shall obtain a license
30 pursuant to the provisions of this act.
19850S0632B1277 - 33 -
1 (t) Exemptions.--The following are exempted from the
2 licensing provisions of this act:
3 (1) Privately owned vehicles not ordinarily used to
4 transport patients.
5 (2) A vehicle rendering temporary service as an
6 ambulance in an emergency when ambulances based in the
7 locality of the emergency are insufficient to render services
8 required.
9 (3) Services located or headquartered outside this
10 Commonwealth which do not routinely transport patients from
11 locations beyond the limits of this Commonwealth to locations
12 within this Commonwealth.
13 (4) Ambulances and ambulance services owned and operated
14 by an agency of the Federal Government.
15 (5) Invalid coaches.
16 (6) Rescue vehicles.
17 Section 13. Limitation of liability for failure to obtain
18 consent.
19 No ambulance attendant, emergency medical technician or EMT-
20 paramedic nor any certified or health professional may be
21 subject to civil liability based solely upon failure to obtain
22 consent in rendering emergency medical services to any person,
23 regardless of age, where the person is unable to give consent
24 for any reason, including minority, and where there is no other
25 person reasonably available who is legally authorized to give
26 consent to the providing of such care or who is legally
27 authorized to refuse to give consent to the providing of such
28 care, provided that the ambulance attendant, emergency medical
29 technician, EMT-paramedic or health professional has acted in
30 good faith and without knowledge of facts negating consent.
19850S0632B1277 - 34 -
1 Section 14. Prohibited acts.
2 (a) Making false ambulance requests.--It shall be unlawful
3 for any person to intentionally report a medical emergency and
4 summon an ambulance when such person does not have good cause to
5 believe that the services of an ambulance are needed. A person
6 violating this subsection commits a summary offense.
7 (b) Obstruction.--It is unlawful for any person to
8 intentionally impede or obstruct any ambulance attendant,
9 emergency medical technician or EMT-paramedic or health
10 professional in the performance of official duties, provided
11 that the ambulance attendant, emergency medical technician or
12 EMT-paramedic displays accepted American Red Cross or department
13 insignia or credentials. A person violating this subsection
14 commits a summary offense.
15 (c) Impersonating ambulance personnel.--It is unlawful for
16 any person who is not an ambulance attendant, emergency medical
17 technician, EMT-paramedic, or health professional to display an
18 insignia or credentials or act in any manner that would lead
19 reasonable persons to conclude that the person is an ambulance
20 attendant, emergency medical technician, EMT-paramedic, or
21 health professional. A person violating this subsection commits
22 a summary offense.
23 (d) Misrepresentation of license.--It shall be unlawful for
24 any person who does not possess a valid ambulance service
25 license issued by the department to advertise, display vehicle
26 markings or exhibit any other means that would lead a reasonable
27 person to conclude that such service holds such license, is a
28 licensed service or provides a level of emergency care beyond
29 the level of care actually provided. A person violating this
30 subsection commits a summary offense.
19850S0632B1277 - 35 -
1 Section 15. Penalties.
2 A person who operates an ambulance service which does not
3 have a currently valid license or who violates any other
4 provision of this act, except as otherwise specified, commits a
5 summary offense.
6 Section 16. Allocations.
7 Of all funds available to the department for the initiation,
8 expansion, maintenance, evaluation and improvement of emergency
9 medical services systems, at least 75% shall be allocated for
10 the direct support of emergency medical services systems, with
11 at least 10% of these funds to be allocated to provide
12 additional financial assistance for those emergency medical
13 services systems serving rural areas.
14 Section 17. Severability.
15 The provisions of this act are severable. If any provision of
16 this act or its application to any person or circumstance is
17 held invalid, the invalidity shall not affect other provisions
18 or applications of this act which can be given effect without
19 the invalid provision or application.
20 Section 18. Repeals.
21 (a) Specific repeals.--The following acts are repealed:
22 Act of November 30, 1976 (P.L.1205, No.264), entitled "An act
23 defining emergency medical technician; authorizing such
24 personnel to render emergency care; exempting such personnel and
25 physicians working in conjunction with them from civil liability
26 when rendering such care; and making repeals," effective on the
27 effective date of rules and regulations promulgated under this
28 act.
29 Act of November 30, 1976 (P.L.1207, No.265), known as the
30 Emergency Medical Services Systems Act.
19850S0632B1277 - 36 -
1 (b) General repeal.--All other acts and parts of acts are
2 repealed insofar as they are inconsistent with this act.
3 Section 19. Effective date.
4 This act shall take effect in 60 days.
5 SECTION 1. SHORT TITLE. <--
6 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE EMERGENCY
7 MEDICAL SERVICES ACT.
8 SECTION 2. LEGISLATIVE FINDINGS AND INTENT.
9 (A) FINDINGS.--THE GENERAL ASSEMBLY FINDS IT TO BE IN THE
10 PUBLIC INTEREST TO ASSURE READILY AVAILABLE AND COORDINATED
11 EMERGENCY MEDICAL SERVICES OF THE HIGHEST QUALITY TO THE PEOPLE
12 OF PENNSYLVANIA. THE PURPOSES OF EMERGENCY MEDICAL SERVICES ARE
13 TO PREVENT PREMATURE DEATH AND REDUCE SUFFERING AND DISABILITY
14 THAT ARISE FROM CRITICAL ILLNESS AND INJURY.
15 (B) INTENT.--
16 (1) IT IS THE INTENTION OF THE GENERAL ASSEMBLY AND THE
17 PURPOSE OF THIS ACT TO ESTABLISH AND MAINTAIN AN EFFECTIVE
18 AND EFFICIENT EMERGENCY MEDICAL SERVICES SYSTEM WHICH IS
19 ACCESSIBLE ON A UNIFORM BASIS TO ALL PENNSYLVANIA RESIDENTS
20 AND TO VISITORS TO THIS COMMONWEALTH.
21 (2) THE GENERAL ASSEMBLY FURTHER INTENDS THAT RESIDENTS
22 AND VISITORS TO THIS COMMONWEALTH SHOULD HAVE PROMPT AND
23 UNIMPEDED ACCESS TO BASIC AND ADVANCED LIFE SUPPORT EMERGENCY
24 MEDICAL CARE THROUGHOUT THIS COMMONWEALTH.
25 (3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
26 SECRETARY OF HEALTH, IN DEVELOPING A STRATIFIED SYSTEM OF
27 TRAUMA CARE, SHALL, WHENEVER FEASIBLE, INVOLVE LOCAL CITIZENS
28 IN THE DECISIONMAKING PROCESS.
29 SECTION 3. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
19850S0632B1277 - 37 -
1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "ADVANCED LIFE SUPPORT." THE ADVANCED PREHOSPITAL AND
4 INTERHOSPITAL EMERGENCY MEDICAL CARE OF SERIOUS ILLNESS OR
5 INJURY BY APPROPRIATELY TRAINED HEALTH PROFESSIONALS AND BY
6 CERTIFIED EMT-PARAMEDICS.
7 "AMBULANCE." ANY VEHICLE WHICH IS SPECIFICALLY DESIGNED,
8 CONSTRUCTED OR MODIFIED AND EQUIPPED, AND IS USED OR INTENDED TO
9 BE USED, AND IS MAINTAINED OR OPERATED, FOR THE PURPOSE OF
10 PROVIDING EMERGENCY MEDICAL CARE TO, AND TRANSPORTATION OF,
11 PATIENTS. THE TERM INCLUDES ADVANCED OR BASIC LIFE SUPPORT
12 VEHICLES THAT MAY OR MAY NOT TRANSPORT PATIENTS.
13 "AMBULANCE ATTENDANT." AN INDIVIDUAL WHO HOLDS A VALID
14 CERTIFICATE EVIDENCING THE SUCCESSFUL COMPLETION OF A COURSE IN
15 ADVANCED FIRST AID SPONSORED BY THE AMERICAN RED CROSS AND A
16 VALID CERTIFICATE EVIDENCING THE SUCCESSFUL COMPLETION OF A
17 COURSE IN CARDIOPULMONARY RESUSCITATION SPONSORED BY THE
18 AMERICAN HEART ASSOCIATION OR THE AMERICAN RED CROSS, OR AN
19 INDIVIDUAL WHO CAN EVIDENCE THE SUCCESSFUL COMPLETION OF AN
20 EQUIVALENT TRAINING PROGRAM APPROVED BY THE DEPARTMENT.
21 "AMBULANCE SERVICE." AN ENTITY WHICH REGULARLY ENGAGES IN
22 THE BUSINESS OR SERVICE OF PROVIDING EMERGENCY MEDICAL CARE AND
23 TRANSPORTATION OF PATIENTS WITHIN THIS COMMONWEALTH. THE TERM
24 INCLUDES MOBILE ADVANCED LIFE SUPPORT SERVICES THAT MAY OR MAY
25 NOT TRANSPORT PATIENTS.
26 "BASIC LIFE SUPPORT SERVICES." THE PREHOSPITAL OR
27 INTERHOSPITAL EMERGENCY MEDICAL CARE AND MANAGEMENT OF ILLNESS
28 OR INJURY PERFORMED BY SPECIALLY TRAINED AND CERTIFIED OR
29 LICENSED PERSONNEL.
30 "COUNCIL." THE STATE ADVISORY COUNCIL, WHICH SHALL BE KNOWN
19850S0632B1277 - 38 -
1 AS THE BOARD OF DIRECTORS OF THE PENNSYLVANIA EMERGENCY HEALTH
2 SERVICES COUNCIL.
3 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
4 "EMERGENCY." A COMBINATION OF CIRCUMSTANCES RESULTING IN A
5 NEED FOR IMMEDIATE MEDICAL INTERVENTION.
6 "EMERGENCY MEDICAL SERVICES." THE SERVICES UTILIZED IN
7 RESPONDING TO THE NEEDS OF AN INDIVIDUAL FOR IMMEDIATE MEDICAL
8 CARE IN ORDER TO PREVENT LOSS OF LIFE OR AGGRAVATION OF
9 PHYSIOLOGICAL OR PSYCHOLOGICAL ILLNESS OR INJURY.
10 "EMERGENCY MEDICAL SERVICES COUNCIL." A NONPROFIT
11 INCORPORATED ENTITY OR APPROPRIATE EQUIVALENT WHOSE FUNCTION IS
12 TO PLAN, DEVELOP, MAINTAIN, EXPAND AND IMPROVE EMERGENCY MEDICAL
13 SERVICES SYSTEMS WITHIN A SPECIFIC GEOGRAPHICAL AREA OF THIS
14 COMMONWEALTH AND WHICH IS DEEMED BY THE DEPARTMENT AS BEING
15 REPRESENTATIVE OF THE HEALTH PROFESSIONS AND MAJOR PUBLIC AND
16 VOLUNTARY AGENCIES, ORGANIZATIONS AND INSTITUTIONS CONCERNED
17 WITH PROVIDING EMERGENCY MEDICAL SERVICES.
18 "EMERGENCY MEDICAL SERVICES SYSTEM." THE ARRANGEMENT OF
19 PERSONNEL, FACILITIES AND EQUIPMENT FOR THE EFFECTIVE AND
20 COORDINATED DELIVERY OF EMERGENCY MEDICAL SERVICES REQUIRED IN
21 PREVENTION AND MANAGEMENT OF INCIDENTS WHICH OCCUR EITHER AS A
22 RESULT OF A MEDICAL EMERGENCY OR OF AN ACCIDENT, NATURAL
23 DISASTER OR SIMILAR SITUATION.
24 "EMERGENCY MEDICAL TECHNICIAN." AN INDIVIDUAL WHO IS TRAINED
25 TO PROVIDE EMERGENCY MEDICAL SERVICES AND IS CERTIFIED AS SUCH
26 BY THE DEPARTMENT IN ACCORDANCE WITH THE CURRENT NATIONAL
27 STANDARD CURRICULUM FOR BASIC EMERGENCY MEDICAL TECHNICIANS AS
28 SET FORTH IN THE RULES AND REGULATIONS PROMULGATED BY THE
29 DEPARTMENT.
30 "EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC (REFERRED TO AS EMT-
19850S0632B1277 - 39 -
1 PARAMEDIC)." AN EMERGENCY MEDICAL TECHNICIAN SPECIFICALLY
2 TRAINED TO PROVIDE ADVANCED LIFE SUPPORT SERVICES WHO IS
3 CERTIFIED AS SUCH BY THE DEPARTMENT IN ACCORDANCE WITH THE
4 CURRENT NATIONAL STANDARD CURRICULUM FOR EMERGENCY MEDICAL
5 TECHNICIAN-PARAMEDICS AS SET FORTH IN THE RULES AND REGULATIONS
6 PROMULGATED BY THE DEPARTMENT.
7 "FACILITY." A HOSPITAL.
8 "FOUNDATION." THE PENNSYLVANIA TRAUMA SYSTEM FOUNDATION.
9 "HEALTH PROFESSIONAL." A LICENSED PHYSICIAN OR PROFESSIONAL
10 REGISTERED NURSE WHO HAS EDUCATION AND CONTINUING EDUCATION IN
11 ADVANCED LIFE SUPPORT AND PREHOSPITAL CARE.
12 "HOSPITAL." AN INSTITUTION HAVING AN ORGANIZED MEDICAL STAFF
13 WHICH IS PRIMARILY ENGAGED IN PROVIDING TO INPATIENTS, BY OR
14 UNDER THE SUPERVISION OF PHYSICIANS, DIAGNOSTIC AND THERAPEUTIC
15 SERVICES OR REHABILITATION SERVICES FOR THE CARE OR
16 REHABILITATION OF INJURED, DISABLED, PREGNANT, DISEASED, SICK OR
17 MENTALLY ILL PERSONS. THE TERM INCLUDES FACILITIES FOR THE
18 DIAGNOSIS AND TREATMENT OF DISORDERS WITHIN THE SCOPE OF
19 SPECIFIC MEDICAL SPECIALTIES, BUT NOT FACILITIES CARING
20 EXCLUSIVELY FOR THE MENTALLY ILL.
21 "INVALID COACH." A VEHICLE WHICH IS PRIMARILY MAINTAINED,
22 OPERATED AND INTENDED TO BE USED FOR ROUTINE TRANSPORT OF
23 PERSONS WHO ARE CONVALESCENT OR OTHERWISE NONAMBULATORY AND DO
24 NOT ORDINARILY REQUIRE EMERGENCY MEDICAL TREATMENT WHILE IN
25 TRANSIT. SUCH VEHICLES SHALL NOT BE CONSIDERED AMBULANCE OR
26 EMERGENCY MEDICAL SERVICE VEHICLES.
27 "MEDICAL COMMAND." AN ORDER GIVEN TO A PROVIDER OF EMERGENCY
28 MEDICAL SERVICES BY AN AUTHORIZED MEDICAL COMMAND PHYSICIAN WHO
29 MEETS QUALIFICATIONS PRESCRIBED BY THE DEPARTMENT.
30 "MEDICAL COMMAND FACILITY." THE DISTINCT UNIT WITHIN A
19850S0632B1277 - 40 -
1 FACILITY THAT CONTAINS THE NECESSARY EQUIPMENT AND PERSONNEL FOR
2 PROVIDING MEDICAL COMMAND AND CONTROL TO AN AMBULANCE SERVICE.
3 "PATIENT." AN INDIVIDUAL WHO IS SICK, INJURED, WOUNDED OR
4 OTHERWISE INCAPACITATED AND HELPLESS AND WHO NEEDS IMMEDIATE
5 MEDICAL ATTENTION.
6 "PENNSYLVANIA TRAUMA SYSTEMS FOUNDATION." A NONPROFIT
7 PENNSYLVANIA CORPORATION WHOSE FUNCTION IS TO ACCREDIT TRAUMA
8 CENTERS IN THIS COMMONWEALTH. THE BOARD OF DIRECTORS OF THE
9 FOUNDATION SHALL CONSIST OF THE FOLLOWING 19 VOTING MEMBERS:
10 FIVE REPRESENTATIVES OF STATE ORGANIZATIONS THAT REPRESENT
11 PHYSICIANS; FIVE REPRESENTATIVES OF STATE ORGANIZATIONS THAT
12 REPRESENT HOSPITALS; TWO REPRESENTATIVES OF STATE ORGANIZATIONS
13 THAT REPRESENT REGISTERED PROFESSIONAL NURSES; TWO
14 REPRESENTATIVES OF OTHER STATEWIDE EMERGENCY MEDICAL SERVICE
15 ORGANIZATIONS WITH EXPERTISE IN DELIVERY OF TRAUMA SERVICES; THE
16 CHAIRMAN AND MINORITY CHAIRMAN OF THE HOUSE HEALTH AND WELFARE
17 COMMITTEE OR THEIR DESIGNEES FROM THE COMMITTEE MEMBERSHIP; THE
18 CHAIRMAN AND MINORITY CHAIRMAN OF THE SENATE PUBLIC HEALTH AND
19 WELFARE COMMITTEE OR THEIR DESIGNEES FROM THE COMMITTEE
20 MEMBERSHIP; AND THE SECRETARY OF HEALTH, OR HIS DESIGNEE. THE
21 BYLAWS OF THE FOUNDATION SHALL IDENTIFY A METHOD TO SELECT
22 MEMBERS TO ACHIEVE PROFESSIONAL AND GEOGRAPHIC BALANCE ON THE
23 BOARD. TERMS OF OFFICE SHALL BE LIMITED TO THREE YEARS AND NO
24 PERSON SHALL BE ELIGIBLE FOR APPOINTMENT TO MORE THAN TWO
25 CONSECUTIVE TERMS.
26 "PROVIDERS OF EMERGENCY MEDICAL SERVICES." ANY FACILITY,
27 BASIC LIFE SUPPORT SERVICE OR ADVANCED LIFE SUPPORT SERVICE.
28 "RESCUE VEHICLE." A VEHICLE WHICH IS DESIGNED OR MODIFIED
29 AND EQUIPPED FOR RESCUE OPERATIONS TO RELEASE PERSONS FROM
30 ENTRAPMENT AND WHICH IS NOT ROUTINELY USED FOR EMERGENCY MEDICAL
19850S0632B1277 - 41 -
1 CARE OR TRANSPORT OF PATIENTS.
2 "RURAL AREA." AN AREA OUTSIDE URBANIZED AREAS AS DEFINED BY
3 THE UNITED STATES BUREAU OF THE CENSUS.
4 "SECRETARY." THE SECRETARY OF HEALTH OF THE COMMONWEALTH.
5 "SPECIAL CARE UNIT." AN APPROPRIATELY EQUIPPED AREA OF THE
6 HOSPITAL WHERE PROVISION HAS BEEN MADE FOR A CONCENTRATION OF
7 PHYSICIANS, NURSES AND OTHERS WHO HAVE SPECIAL SKILLS AND
8 EXPERIENCES TO PROVIDE MEDICAL CARE FOR CRITICALLY ILL PATIENTS.
9 "TRAUMA CENTER." A FACILITY ACCREDITED IN ACCORDANCE WITH
10 SECTION 6.
11 "VOLUNTEER AMBULANCE SERVICES CERTIFICATION (VASC)." THE
12 PROGRAM ADMINISTERED BY THE DEPARTMENT ON THE EFFECTIVE DATE OF
13 THIS ACT FOR THE PURPOSE OF CERTIFYING AMBULANCE SERVICES.
14 SECTION 4. EMERGENCY MEDICAL SERVICES SYSTEM.
15 THE SECRETARY SHALL PLAN, GUIDE AND COORDINATE PROGRAMS TO
16 ENSURE THAT THE COMMONWEALTH'S EMERGENCY MEDICAL SERVICES SYSTEM
17 SHALL:
18 (1) INCLUDE AN ADEQUATE NUMBER OF HEALTH PROFESSIONALS
19 AND OTHER HEALTH PERSONNEL WITH APPROPRIATE TRAINING AND
20 EXPERIENCE.
21 (2) PROVIDE CONTINUOUS TRAINING FOR ITS PERSONNEL,
22 INCLUDING CLINICAL TRAINING AND CONTINUING EDUCATION PROGRAMS
23 WHICH ARE COORDINATED WITH OTHER PROGRAMS IN THE SYSTEM'S
24 SERVICE AREA WHICH PROVIDE SIMILAR TRAINING AND EDUCATION.
25 (3) JOIN PERSONNEL, FACILITIES AND EQUIPMENT,
26 COORDINATED BY A CENTRAL COMMUNICATION SYSTEM, SO THAT
27 REQUESTS FOR EMERGENCY MEDICAL SERVICES WILL BE HANDLED BY
28 COMMUNICATIONS FACILITIES WHICH:
29 (I) UTILIZE EMERGENCY MEDICAL TELECOMMUNICATIONS
30 SCREENING TO DETERMINE THE APPROPRIATE EMERGENCY SERVICE
19850S0632B1277 - 42 -
1 RESPONSE;
2 (II) ARE ACCESSIBLE TO THE GENERAL PUBLIC THROUGH A
3 COMMON TELEPHONE NUMBER AND, WHERE FEASIBLE, THE
4 UNIVERSAL EMERGENCY TELEPHONE NUMBER 911; AND
5 (III) WILL HAVE DIRECT COMMUNICATIONS WITH THE
6 PERSONNEL, FACILITIES AND EQUIPMENT OF THIS SYSTEM AND
7 WITH OTHER APPROPRIATE EMERGENCY MEDICAL SERVICES
8 SYSTEMS.
9 (4) INCLUDE AN ADEQUATE NUMBER OF AMBULANCES AND OTHER
10 TRANSPORTATION MEANS TO MEET THE INDIVIDUAL CHARACTERISTICS
11 OF THE SYSTEM'S SERVICE AREA WHEREIN:
12 (I) THE AMBULANCES AND OTHER VEHICLES MEET CRITERIA
13 RELATING TO LOCATION, DESIGN, PERFORMANCE AND EQUIPMENT;
14 AND
15 (II) ALL OPERATORS AND OTHER PERSONNEL STAFFING THE
16 VEHICLES MEET APPROPRIATE TRAINING AND EXPERIENCE
17 REQUIREMENTS.
18 (5) INCLUDE AN ADEQUATE NUMBER OF EASILY ACCESSIBLE
19 FACILITIES WHICH:
20 (I) ARE COLLECTIVELY CAPABLE OF PROVIDING EMERGENCY
21 MEDICAL SERVICES ON A CONTINUOUS BASIS;
22 (II) HAVE APPROPRIATE NONDUPLICATIVE AND CATEGORIZED
23 CAPABILITIES;
24 (III) MEET APPROPRIATE STANDARDS RELATING TO
25 CAPACITY, LOCATION, PERSONNEL AND EQUIPMENT; AND
26 (IV) ARE COORDINATED WITH OTHER HEALTH CARE
27 FACILITIES OF THE SYSTEM.
28 (6) PROVIDE ACCESS, INCLUDING APPROPRIATE
29 TRANSPORTATION, TO TRAUMA CENTERS IN THE SYSTEM'S SERVICE
30 AREA OR, IF THERE ARE NO CENTERS OR AN INADEQUATE NUMBER OF
19850S0632B1277 - 43 -
1 CENTERS IN THE AREA, PROVIDE ACCESS TO THE CENTERS IN
2 NEIGHBORING AREAS IF ACCESS TO THOSE CENTERS IS FEASIBLE IN
3 TERMS OF TIME AND DISTANCE.
4 (7) PROVIDE, AS NECESSARY, FOR TRANSFER OF PATIENTS TO
5 FACILITIES OR PROGRAMS WHICH OFFER FOLLOWUP CARE AND
6 REHABILITATION AS IS NECESSARY TO EFFECT THE MAXIMUM RECOVERY
7 OF THE PATIENT.
8 (8) PROVIDE FOR THE EFFECTIVE UTILIZATION OF THE
9 APPROPRIATE PERSONNEL, FACILITIES AND EQUIPMENT OF EACH
10 ENTITY PROVIDING EMERGENCY MEDICAL SERVICES IN THE SYSTEM'S
11 SERVICE AREA.
12 (9) BE ORGANIZED IN A MANNER THAT PROVIDES PERSONS WHO
13 RESIDE IN THE SYSTEM'S SERVICE AREA AND WHO HAVE NO
14 PROFESSIONAL OR FINANCIAL INTEREST IN THE PROVISION OF HEALTH
15 CARE WITH AN ADEQUATE OPPORTUNITY TO PARTICIPATE IN THE
16 MAKING OF POLICY FOR THE SYSTEM.
17 (10) PROVIDE NECESSARY EMERGENCY MEDICAL SERVICES TO ALL
18 PATIENTS REQUIRING THE SERVICES.
19 (11) PROVIDE FOR A STANDARDIZED PATIENT DATA COLLECTION
20 SYSTEM WHICH COVERS ALL PHASES OF THE SYSTEM.
21 (12) PROVIDE PROGRAMS OF PUBLIC EDUCATION, INFORMATION
22 AND PREVENTION IN THE SYSTEM'S SERVICE AREA, TAKING INTO
23 ACCOUNT THE NEEDS OF VISITORS TO AND RESIDENTS OF THAT AREA
24 TO KNOW OR EASILY ACCESS THE MEANS OF OBTAINING EMERGENCY
25 MEDICAL SERVICES. THESE PROGRAMS SHALL STRESS THE GENERAL
26 DISSEMINATION OF INFORMATION REGARDING APPROPRIATE METHODS OF
27 FIRST AID AND CARDIOPULMONARY RESUSCITATION AND THE
28 AVAILABILITY OF FIRST AID TRAINING PROGRAMS IN THE AREA.
29 (13) PROVIDE FOR:
30 (I) PERIODIC, COMPREHENSIVE REVIEW AND EVALUATION OF
19850S0632B1277 - 44 -
1 THE EXTENT AND QUALITY OF THE EMERGENCY HEALTH CARE
2 SERVICES PROVIDED IN THE SYSTEM'S SERVICE AREA.
3 (II) SUBMISSION TO THE DEPARTMENT OF THE REPORTS OF
4 EACH REVIEW AND EVALUATION.
5 (14) HAVE A PLAN TO ASSURE THAT THE SYSTEM WILL BE
6 CAPABLE OF PROVIDING EMERGENCY MEDICAL SERVICES IN THE
7 SYSTEM'S SERVICE AREA DURING MASS CASUALTY SITUATIONS,
8 NATURAL DISASTERS OR DECLARED STATES OF EMERGENCY IN
9 CONSONANCE WITH 35 PA.C.S. § 7101 ET SEQ. (RELATING TO
10 EMERGENCY MANAGEMENT SERVICES) AND IN COORDINATION WITH THE
11 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
12 (15) PROVIDE FOR THE ESTABLISHMENT OF APPROPRIATE
13 ARRANGEMENTS WITH AMBULANCE SERVICES SERVING NEIGHBORING
14 AREAS FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES ON A
15 RECIPROCAL BASIS WHERE ACCESS TO SUCH AREAS WOULD BE MORE
16 APPROPRIATE AND EFFECTIVE IN TERMS OF THE SERVICES AVAILABLE,
17 TIME AND DISTANCE.
18 SECTION 5. DUTIES OF DEPARTMENT.
19 (A) DUTY.--IT SHALL BE THE DUTY OF THE SECRETARY TO PLAN,
20 GUIDE, ASSIST AND COORDINATE THE DEVELOPMENT OF AREAWIDE
21 EMERGENCY MEDICAL SERVICES SYSTEMS INTO A UNIFIED STATEWIDE
22 SYSTEM AND TO COORDINATE THE SYSTEM WITH SIMILAR SYSTEMS IN
23 NEIGHBORING STATES.
24 (B) AUTHORITY.--THE DEPARTMENT SHALL BE THE COMMONWEALTH
25 LEAD AGENCY FOR EMERGENCY MEDICAL SERVICES IN THIS COMMONWEALTH.
26 THE DEPARTMENT SHALL HAVE AUTHORITY TO:
27 (1) MAINTAIN AND COORDINATE A PROGRAM FOR PLANNING,
28 DEVELOPING, MAINTAINING, EXPANDING, IMPROVING AND UPGRADING
29 EMERGENCY MEDICAL SERVICES SYSTEMS THROUGHOUT THIS
30 COMMONWEALTH.
19850S0632B1277 - 45 -
1 (2) ESTABLISH, BY REGULATION, STANDARDS AND CRITERIA
2 GOVERNING THE AWARD AND ADMINISTRATION OF CONTRACTS UNDER
3 THIS ACT.
4 (3) REQUIRE THE COLLECTION AND MAINTENANCE OF
5 STANDARDIZED PATIENT DATA AND INFORMATION BY AMBULANCE
6 SERVICES LICENSED UNDER SECTION 12. EACH AMBULANCE SERVICE
7 SHALL INSURE THAT THE RESPONDING AMBULANCE PERSONNEL WILL
8 COMPLETE A SUMMARY FOR EACH AMBULANCE CALL TO WHICH THEY
9 RESPOND CONTAINING SUCH INFORMATION AS PRESCRIBED AND ON
10 FORMS PROVIDED BY THE DEPARTMENT. SUCH SUMMARY INFORMATION
11 SHALL REQUIRE ESSENTIAL INFORMATION ONLY AND SHALL BE
12 REASONABLE IN DETAIL. REPORTS REQUIRED PURSUANT TO THIS
13 SECTION SHALL BE CONFIDENTIAL AND NOT OPEN TO PUBLIC
14 INSPECTION OR DISSEMINATION. THIS SHALL NOT RESTRICT THE
15 COLLECTION AND ANALYSIS OF DATA BY THE DEPARTMENT OR BY THOSE
16 WITH WHOM THE DEPARTMENT CONTRACTS, SUBJECT TO STRICT
17 SUPERVISION BY THE DEPARTMENT TO INSURE THAT THE USE OF THE
18 REPORTS IS LIMITED TO SPECIFIC RESEARCH AND PLANNING
19 PURPOSES.
20 (4) COLLECT, AS DEEMED NECESSARY AND APPROPRIATE, DATA
21 AND INFORMATION REGARDING PATIENTS ADMITTED TO A FACILITY
22 THROUGH THE EMERGENCY DEPARTMENT, THROUGH A TRAUMA CENTER OR
23 DIRECTLY TO A SPECIAL CARE UNIT, IN A MANNER WHICH PROTECTS
24 AND MAINTAINS THE CONFIDENTIAL NATURE OF PATIENT RECORDS.
25 SUCH DATA AND INFORMATION SHALL INCLUDE ESSENTIAL INFORMATION
26 ONLY, SHALL BE REASONABLE IN DETAIL AND SHALL BE COLLECTED
27 PURSUANT TO REGULATIONS ISSUED BY THE DEPARTMENT. SUCH DATA
28 AND INFORMATION SHALL BE LIMITED TO SPECIFIC PLANNING,
29 RESEARCH AND QUALITY ASSURANCE PURPOSES AND SHALL NOT BE
30 DUPLICATIVE OF DATA AND INFORMATION ALREADY AVAILABLE TO THE
19850S0632B1277 - 46 -
1 DEPARTMENT.
2 (5) PREPARE A COMMONWEALTH PLAN FOR EMERGENCY MEDICAL
3 SERVICES DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF
4 SECTION 9.
5 (6) DEFINE AND APPROVE TRAINING PROGRAMS AND ACCREDIT
6 EDUCATIONAL INSTITUTIONS FOR EMERGENCY MEDICAL SERVICES
7 TRAINING OF EMERGENCY MEDICAL SERVICES PERSONNEL, INCLUDING,
8 BUT NOT LIMITED TO, EMERGENCY MEDICAL TECHNICIANS AND EMT-
9 PARAMEDICS AND OTHER EMERGENCY MEDICAL SERVICES PERSONNEL.
10 (7) PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENT,
11 EMERGENCY MEDICAL SERVICES PROVIDERS AND OTHER ENTITIES FOR
12 THE PURPOSE OF ASSURING EFFECTIVE PLANNING AND EXECUTION OF
13 PROGRAMS UNDER THIS ACT.
14 (8) ADMINISTER CONTRACTS AUTHORIZED UNDER THIS ACT AND
15 GRANTS PURSUANT TO 23 U.S.C. § 402, PERTAINING TO EMERGENCY
16 MEDICAL SERVICES AND ALL OTHER FEDERAL LAWS PERTAINING TO
17 EMERGENCY MEDICAL SERVICES.
18 (9) ESTABLISH MINIMUM STANDARDS FOR, LICENSE AND INSPECT
19 AMBULANCE SERVICES IN ACCORDANCE WITH SECTION 12.
20 (10) MAINTAIN A QUALITY ASSURANCE PROGRAM FOR THE
21 PURPOSE OF MONITORING THE DELIVERY OF EMERGENCY MEDICAL
22 SERVICES.
23 (11) PROMULGATE RULES AND REGULATIONS TO ESTABLISH
24 STANDARDS AND CRITERIA FOR EMERGENCY MEDICAL SERVICES
25 SYSTEMS.
26 (12) INTEGRATE ALL TRAUMA CENTERS ACCREDITED PURSUANT TO
27 SECTION 6 INTO THE EMERGENCY MEDICAL SERVICES SYSTEM.
28 (13) INVESTIGATE COMPLAINTS RELATED TO THE DELIVERY OF
29 SERVICES BY TRAUMA CENTERS AND FORWARD THE RESULTS OF THE
30 INVESTIGATION TO THE ACCREDITING ENTITY WITH A RECOMMENDATION
19850S0632B1277 - 47 -
1 FOR ACTION.
2 (14) COMPILE AND MAINTAIN STATISTICS ON MORTALITY AND
3 MORBIDITY ON MULTISYSTEM TRAUMA VICTIMS. THIS DATA COLLECTION
4 SHALL BE COORDINATED AND PERFORMED IN CONJUNCTION WITH OTHER
5 DATA COLLECTION ACTIVITIES.
6 SECTION 6. PENNSYLVANIA TRAUMA SYSTEMS FOUNDATION.
7 (A) TRAUMA CENTER ACCREDITATION.--THE PENNSYLVANIA TRAUMA
8 SYSTEMS FOUNDATION SHALL DEVELOP A PRIVATE VOLUNTARY
9 ACCREDITATION PROGRAM TO:
10 (1) ESTABLISH STANDARDS FOR THE OPERATION OF TRAUMA
11 CENTERS IN THIS COMMONWEALTH, ADOPTING, AT A MINIMUM, THE
12 CURRENT GUIDELINES FOR TRAUMA CENTERS AS DEFINED BY THE
13 AMERICAN COLLEGE OF SURGEONS FOR LEVEL I OR LEVEL II TRAUMA
14 CENTERS. THE FOR THE PURPOSE OF REACCREDITATION, THE <--
15 STANDARDS SHALL REQUIRE, AS A MINIMUM, THAT EACH ACCREDITED
16 LEVEL I TRAUMA CENTER SHALL TREAT ESTABLISH THAT 600 SEVERE <--
17 AND URGENT INJURY CASES HAVE BEEN TREATED PER YEAR AND LEVEL <--
18 II TRAUMA CENTERS SHALL, AS A MINIMUM, TREAT ESTABLISH THAT <--
19 350 SEVERE AND URGENT INJURY CASES HAVE BEEN TREATED PER <--
20 YEAR.
21 (2) EVALUATE ANY HOSPITAL WHICH MAKES APPLICATION TO THE
22 FOUNDATION TO DETERMINE IF THE APPLICANT HOSPITAL MEETS THE
23 STANDARDS AS ADOPTED BY THE FOUNDATION. SUCH EVALUATION SHALL
24 INCLUDE THE CONDUCT OF HOSPITAL SITE VISITS BY ACCREDITATION
25 SURVEY TEAMS COMPOSED OF INDEPENDENT, QUALIFIED PERSONS
26 SELECTED BY THE FOUNDATION.
27 (3) ISSUE CERTIFICATES OF ACCREDITATION TO THOSE
28 HOSPITALS WHICH MEET THE ACCREDITATION STANDARDS.
29 CERTIFICATES OF ACCREDITATION SHALL BE VALID FOR A PERIOD NOT
30 TO EXCEED TWO YEARS. CERTIFICATES OF ACCREDITATION MAY BE
19850S0632B1277 - 48 -
1 REVOKED BY THE FOUNDATION IF IT IS DETERMINED THAT THE TRAUMA
2 CENTER NO LONGER MEETS ACCREDITATION STANDARDS AS SET FORTH
3 IN THIS ACT.
4 (4) ESTABLISH AN APPEALS MECHANISM TO RECONSIDER
5 ACCREDITATION DECISIONS.
6 (B) JUDICIAL REVIEW.--A PERSON AGGRIEVED BY A FINAL
7 DETERMINATION OF THE FOUNDATION PURSUANT TO THIS SECTION MAY
8 FILE A PETITION FOR REVIEW WITHIN 30 DAYS IN THE APPROPRIATE
9 COURT OF COMMON PLEAS.
10 (C) REPORT ON ACCREDITATION.--TWO YEARS AFTER THE EFFECTIVE
11 DATE OF THIS ACT, THE FOUNDATION SHALL FORWARD A REPORT TO THE
12 GENERAL ASSEMBLY WHICH DESCRIBES THE RESULTS OF THE TRAUMA
13 CENTER ACCREDITATION PROCESS IN THIS COMMONWEALTH. THE REPORT
14 SHALL IDENTIFY THOSE HOSPITALS WHICH HAVE BEEN ACCREDITED.
15 (D) REPORT ON IMPACT.--TWO YEARS AFTER THE EFFECTIVE DATE OF
16 THIS ACT, THE DEPARTMENT SHALL FORWARD A REPORT TO THE GENERAL
17 ASSEMBLY DOCUMENTING THE IMPACT OF THE TRAUMA CENTER
18 ACCREDITATION PROGRAM UPON PATIENT CARE THROUGHOUT THIS
19 COMMONWEALTH.
20 (E) PROHIBITION.--NO HOSPITAL SHALL HOLD ITSELF OUT AS A
21 TRAUMA CENTER UNLESS IT HAS A CURRENT CERTIFICATE OF
22 ACCREDITATION ISSUED UNDER THIS SECTION.
23 (F) DUTY OF SECRETARY.--IF THE FOUNDATION HAS NOT BEGUN AN
24 ACCREDITATION PROGRAM BY JUNE 30, 1985, IN ACCORDANCE WITH THIS
25 SECTION, THE SECRETARY SHALL ESTABLISH A TRAUMA CENTER
26 ACCREDITATION PROGRAM.
27 SECTION 7. STATE ADVISORY COUNCIL.
28 (A) DESIGNATION AND COMPOSITION.--THE STATE ADVISORY COUNCIL
29 SHALL BE KNOWN AS THE BOARD OF DIRECTORS OF THE PENNSYLVANIA
30 EMERGENCY HEALTH SERVICES COUNCIL WHICH SHALL BE COMPOSED OF
19850S0632B1277 - 49 -
1 VOLUNTEER, PROFESSIONAL AND PARAPROFESSIONAL ORGANIZATIONS
2 INVOLVED IN EMERGENCY MEDICAL SERVICES. THE COUNCIL SHALL BE
3 GEOGRAPHICALLY REPRESENTATIVE OF THE PROVIDER ORGANIZATIONS
4 WHICH REPRESENT EMERGENCY MEDICAL TECHNICIANS, EMT-PARAMEDICS,
5 REGISTERED NURSES, FIREFIGHTERS, EMERGENCY MEDICAL SERVICES
6 COUNCILS, PHYSICIANS, HOSPITAL ADMINISTRATORS AND OTHER HEALTH
7 CARE PROVIDERS CONCERNED WITH EMERGENCY MEDICAL SERVICES. THE
8 COUNCIL MAY BE COMPOSED OF UP TO 30 ORGANIZATIONS. EACH
9 ORGANIZATION SHALL HAVE ONE VOTING MEMBER.
10 (B) DUTIES.--THE COUNCIL SHALL:
11 (1) ELECT ITS OWN OFFICERS.
12 (2) ADVISE THE DEPARTMENT ON MATTERS RELATING TO
13 MANPOWER AND TRAINING, COMMUNICATIONS, AMBULANCE SERVICES,
14 SPECIAL CARE UNITS AND THE CONTENT OF RULES, REGULATIONS,
15 STANDARDS AND POLICIES PROMULGATED BY THE DEPARTMENT UNDER
16 THIS ACT, AND SUCH OTHER SUBJECTS AS MAY BE DEEMED
17 APPROPRIATE BY THE DEPARTMENT.
18 (3) SERVE AS THE FORUM FOR DISCUSSION ON THE CONTENT OF
19 THE STATEWIDE EMERGENCY MEDICAL SERVICES DEVELOPMENT PLAN, OR
20 ANY PROPOSED REVISIONS THERETO, AND ADVISE THE DEPARTMENT AS
21 TO THE CONTENT OF THE PLAN.
22 (C) OPEN MEETINGS.--ALL MEETINGS OF THE COUNCIL SHALL BE
23 HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JULY 19,
24 1974 (P.L.486, NO.175), REFERRED TO AS THE PUBLIC AGENCY OPEN
25 MEETING LAW.
26 (D) TERMS.--A VOTING MEMBER OF THE COUNCIL SHALL SERVE A
27 THREE-YEAR TERM. A VOTING MEMBER SHALL NOT SERVE MORE THAN TWO
28 CONSECUTIVE TERMS.
29 (E) QUORUM.--A SIMPLE MAJORITY OF THE VOTING MEMBERS OF THE
30 COUNCIL WILL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
19850S0632B1277 - 50 -
1 BUSINESS.
2 (F) COMPENSATION.--MEMBERS OF THE COUNCIL SHALL SERVE
3 WITHOUT COMPENSATION, EXCEPT THE DEPARTMENT MAY PAY NECESSARY
4 AND REASONABLE EXPENSES INCURRED BY MEMBERS WHILE PERFORMING
5 OFFICIAL DUTIES.
6 SECTION 8. EMERGENCY MEDICAL SERVICES COUNCILS.
7 (A) PURPOSE.--EMERGENCY MEDICAL SERVICES COUNCILS SHALL
8 ASSIST THE DEPARTMENT IN CARRYING OUT THE PROVISIONS OF THIS
9 ACT. EVERY EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADHERE TO
10 POLICY DIRECTION ESTABLISHED BY THE DEPARTMENT.
11 (B) ORGANIZATION.--FOR PURPOSES OF THIS ACT, THE
12 ORGANIZATIONAL STRUCTURE OF AN EMERGENCY MEDICAL SERVICES
13 COUNCIL SHALL BE ONE OF THE FOLLOWING:
14 (1) A UNIT OF GENERAL LOCAL GOVERNMENT, WITH AN ADVISORY
15 COUNCIL, MEETING REQUIREMENTS FOR REPRESENTATION.
16 (2) A REPRESENTATIVE PUBLIC ENTITY ADMINISTERING A
17 COMPACT OR OTHER AREAWIDE ARRANGEMENT OR CONSORTIUM.
18 (3) ANY OTHER PUBLIC OR PRIVATE NONPROFIT ENTITY WHICH
19 MEETS REQUIREMENTS FOR REPRESENTATION.
20 (C) DUTIES.--EACH EMERGENCY MEDICAL SERVICES COUNCIL SHALL:
21 (1) ASSIST THE DEPARTMENT IN ACHIEVING THE EMERGENCY
22 MEDICAL SERVICES SYSTEM DESCRIBED IN SECTION 4.
23 (2) ASSIST THE DEPARTMENT IN THE COLLECTION AND
24 MAINTENANCE OF STANDARDIZED PATIENT DATA AND INFORMATION AS
25 PROVIDED IN SECTION 5.
26 (3) PREPARE PLANS FOR EXPANDING OR IMPROVING EMERGENCY
27 MEDICAL SERVICES IN THE AREA; THE PLANS SHALL CONTAIN SUCH
28 INFORMATION AS PRESCRIBED BY THE SECRETARY.
29 (4) CARRY OUT, TO THE EXTENT FEASIBLE, THE EMERGENCY
30 MEDICAL SERVICES PLANS.
19850S0632B1277 - 51 -
1 (5) ASSURE THE REASONABLE AVAILABILITY OF TRAINING
2 PROGRAMS FOR EMERGENCY MEDICAL TECHNICIANS AND EMT-PARAMEDICS
3 UNDER SECTION 12(F).
4 (6) PROVIDE NECESSARY AND REASONABLE STAFF SERVICES AND
5 APPROPRIATE AND CONVENIENT OFFICE FACILITIES THAT CAN SERVE
6 AS AN AREAWIDE LOCATION FOR THE PLANNING, DEVELOPMENTAL
7 MAINTENANCE, COORDINATIVE AND EVALUATIVE FUNCTIONS OF THE
8 COUNCIL.
9 SECTION 9. COMPREHENSIVE EMERGENCY MEDICAL SERVICES DEVELOPMENT
10 PLAN.
11 (A) PREPARATION.--THE DEPARTMENT, WITH THE ASSISTANCE OF THE
12 COUNCIL, SHALL PREPARE A STATEWIDE EMERGENCY MEDICAL SERVICES
13 DEVELOPMENT PLAN, TO BE COMPLETED NOT LATER THAN ONE YEAR FROM
14 THE EFFECTIVE DATE OF THIS ACT, AND SHALL MAKE THE PLAN
15 AVAILABLE TO THE GENERAL ASSEMBLY AND ALL CONCERNED AGENCIES,
16 ENTITIES AND INDIVIDUALS.
17 (B) CONTENT.--AT A MINIMUM, THE PLAN SHALL CONTAIN:
18 (1) AN INVENTORY OF EMERGENCY SERVICES RESOURCES
19 AVAILABLE WITHIN THIS COMMONWEALTH.
20 (2) AN ASSESSMENT OF THE EFFECTIVENESS OF EXISTING
21 SERVICES AND A DETERMINATION OF THE NEED FOR ADDITIONAL
22 SERVICES.
23 (3) A STATEMENT OF GOALS AND SPECIFIC MEASURABLE
24 OBJECTIVES FOR DELIVERY OF EMERGENCY MEDICAL SERVICES TO ALL
25 PERSONS IN THIS COMMONWEALTH.
26 (4) METHODS TO BE USED IN ACHIEVING THE STATED
27 OBJECTIVES.
28 (5) A SCHEDULE FOR ACHIEVEMENT OF THE STATED OBJECTIVES.
29 (6) A METHOD FOR EVALUATING THE STATED OBJECTIVES.
30 (7) ESTIMATED COSTS FOR ACHIEVING THE STATED OBJECTIVES.
19850S0632B1277 - 52 -
1 (C) REVISIONS.--THE DEPARTMENT SHALL COLLECT AND ANALYZE
2 EMERGENCY MEDICAL SERVICES DATA FOR THE PURPOSE OF:
3 (1) REVISING ANNUALLY THE EMERGENCY MEDICAL SERVICES
4 DEVELOPMENT PLAN, INCLUDING THE STATUS OF EMERGENCY MEDICAL
5 SERVICES DEVELOPMENT, THE DEGREE OF COMPLIANCE WITH THE
6 REQUIREMENTS OF THIS ACT AND THE EFFECTIVENESS OF EMERGENCY
7 MEDICAL SERVICES SYSTEMS IN REDUCING MORBIDITY AND MORTALITY
8 ASSOCIATED WITH MEDICAL EMERGENCIES; AND
9 (2) PLANNING FUTURE PROGRAM EFFORTS.
10 (D) ANNUAL REPORTS.--THE DEPARTMENT SHALL, ANNUALLY, PUBLISH
11 COMPREHENSIVE, SPECIFIC REPORTS OF ACTIVITY AND PLAN
12 IMPLEMENTATION.
13 SECTION 10. CONTRACTS FOR INITIATION, MAINTENANCE, EXPANSION OR
14 IMPROVEMENT OF EMERGENCY MEDICAL SERVICES
15 SYSTEMS.
16 (A) GENERAL POWER.--THE SECRETARY MAY ENTER INTO CONTRACTS
17 WITH EMERGENCY MEDICAL SERVICES COUNCILS AND OTHER APPROPRIATE
18 ENTITIES FOR THE INITIATION, EXPANSION, MAINTENANCE AND
19 IMPROVEMENT OF EMERGENCY MEDICAL SERVICES SYSTEMS WHICH ARE IN
20 ACCORDANCE WITH THE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN.
21 (B) LIMITATION.--IF ANY CONTRACTS ARE ENTERED INTO UNDER
22 THIS SECTION FOR ORGANIZATION OF AN EMERGENCY MEDICAL SERVICES
23 COUNCIL, NO OTHER CONTRACT MAY BE ENTERED INTO UNDER THIS
24 SECTION FOR ANY OTHER EMERGENCY MEDICAL SERVICES COUNCIL FOR THE
25 SAME AREA OR FOR AN AREA WHICH INCLUDES, IN WHOLE OR SUBSTANTIAL
26 PART, SUCH AREA.
27 (C) PURPOSES.--CONTRACTS UNDER SUBSECTION (A) MAY ONLY BE
28 USED FOR:
29 (1) PROVIDING PROGRAMS OF PUBLIC EDUCATION, INFORMATION
30 AND PREVENTION REGARDING EMERGENCY MEDICAL SERVICES.
19850S0632B1277 - 53 -
1 (2) PURCHASING AMBULANCES, MEDICAL EQUIPMENT AND RESCUE
2 EQUIPMENT.
3 (3) COSTS ASSOCIATED WITH THE CONDUCT OF TRAINING
4 PROGRAMS FOR PREHOSPITAL AND INTERHOSPITAL EMERGENCY MEDICAL
5 SERVICES PERSONNEL.
6 (4) COSTS ASSOCIATED WITH AMBULANCE SERVICE INSPECTION
7 CONDUCTED TO ASSIST THE DEPARTMENT WITH AMBULANCE SERVICE
8 LICENSURE.
9 (5) PURCHASING COMMUNICATIONS, INCLUDING ALERTING
10 EQUIPMENT, PROVIDED THAT THE PURCHASES ARE IN ACCORDANCE WITH
11 THE STATEWIDE TELECOMMUNICATIONS PLAN.
12 (6) PURCHASING CERTAIN EQUIPMENT FOR HOSPITAL EMERGENCY
13 DEPARTMENTS IF THE EQUIPMENT IS USED OR INTENDED TO BE USED
14 IN EQUIPMENT EXCHANGE PROGRAMS WITH AMBULANCE SERVICES.
15 (7) COSTS ASSOCIATED WITH MAINTENANCE AND OPERATION OF
16 EMERGENCY MEDICAL SERVICES COUNCILS. COSTS MAY INCLUDE, BUT
17 SHALL NOT BE LIMITED TO, SALARIES, WAGES AND BENEFITS OF
18 STAFF; TRAVEL; EQUIPMENT AND SUPPLIES; LEASING OF OFFICE
19 SPACE; AND OTHER COSTS INCIDENTAL TO THE CONDUCT OF BUSINESS
20 WHICH ARE DEEMED BY THE SECRETARY TO BE NECESSARY AND
21 APPROPRIATE FOR CARRYING OUT THE PURPOSES OF THIS ACT.
22 (8) COSTS ASSOCIATED WITH COLLECTION AND ANALYSIS OF
23 DATA NECESSARY TO EVALUATE THE EFFECTIVENESS OF EMERGENCY
24 MEDICAL SERVICES SYSTEMS IN PROVIDING EMERGENCY MEDICAL
25 SERVICES.
26 (D) RESTRICTION.--CONTRACT FUNDS MAY NOT BE USED FOR:
27 (1) ACQUISITION, CONSTRUCTION OR REHABILITATION OF
28 FACILITIES OR BUILDINGS, EXCEPT RENOVATION AS MAY BE
29 NECESSARY FOR THE IMPLEMENTATION OF 911 AND EMERGENCY MEDICAL
30 SERVICES COMMUNICATION SYSTEMS.
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1 (2) PURCHASING HOSPITAL EQUIPMENT UNLESS SUCH EQUIPMENT
2 IS USED OR INTENDED TO BE USED IN AN EQUIPMENT EXCHANGE
3 PROGRAM WITH AMBULANCE SERVICES.
4 (3) MAINTENANCE OF AMBULANCES, MEDICAL EQUIPMENT OR
5 RESCUE EQUIPMENT EXCEPT AS AUTHORIZED IN SUBSECTION (C)(2).
6 (4) COSTS DEEMED BY THE SECRETARY AS INAPPROPRIATE FOR
7 CARRYING OUT THE PURPOSES OF THIS ACT.
8 (5) COSTS WHICH ARE NORMALLY BORNE BY PATIENTS.
9 (E) REPORTS.--THE RECIPIENT OF A CONTRACT UNDER THIS ACT
10 SHALL MAKE REPORTS TO THE DEPARTMENT AS MAY BE REQUIRED BY THE
11 SECRETARY.
12 (F) APPLICATION PREREQUISITE.--NO CONTRACT MAY BE MADE UNDER
13 THIS SECTION UNLESS:
14 (1) AN APPLICATION HAS BEEN SUBMITTED TO THE DEPARTMENT
15 IN A FORM AND FORMAT PRESCRIBED BY THE DEPARTMENT.
16 (2) THE APPLICATION DEMONSTRATES THE NEED FOR PLANNING,
17 INITIATION, MAINTENANCE, EXPANSION OR IMPROVEMENT OF AN
18 EMERGENCY MEDICAL SERVICES SYSTEM.
19 (3) THE APPLICATION CONTAINS DATA AND INFORMATION WHICH
20 DEMONSTRATES THE QUALIFICATIONS OF THE APPLICANT TO PLAN,
21 INITIATE, EXPAND OR IMPROVE AN EMERGENCY MEDICAL SERVICES
22 SYSTEM AND WHICH INCLUDES ORGANIZATIONAL STRUCTURE AND
23 PROVISION FOR REPRESENTATION OF APPROPRIATE ENTITIES.
24 (4) THE APPLICATION CONTAINS AN ASSURANCE THAT PLANNING
25 FOR AN EMERGENCY MEDICAL SERVICES SYSTEM IS CONDUCTED IN
26 COOPERATION WITH EACH AREAWIDE HEALTH SYSTEMS AGENCY, WHERE
27 AVAILABLE, WHOSE PLAN COVERS, IN WHOLE OR IN PART, SUCH AREA.
28 (G) TECHNICAL ASSISTANCE.--THE DEPARTMENT SHALL PROVIDE
29 TECHNICAL ASSISTANCE, AS APPROPRIATE, TO EMERGENCY MEDICAL
30 SERVICES COUNCILS AND TO SUCH OTHER ELIGIBLE ENTITIES AS
19850S0632B1277 - 55 -
1 NECESSARY FOR THE PURPOSE OF THEIR CARRYING OUT THE PROVISIONS
2 OF CONTRACTS UNDER THIS SECTION, WITH SPECIAL CONSIDERATION FOR
3 CONTRACTORS REPRESENTING RURAL AREAS.
4 (H) PAYMENTS.--PAYMENTS PURSUANT TO CONTRACTS UNDER THIS
5 SECTION MAY BE MADE IN ADVANCE OR BY WAY OF REIMBURSEMENT AND IN
6 SUCH INSTALLMENTS AND ON SUCH CONDITIONS AS THE SECRETARY
7 DETERMINES WILL MOST EFFECTIVELY CARRY OUT THE PROVISIONS OF
8 THIS ACT.
9 (I) OTHER GRANTS CONSIDERED.--IN DETERMINING THE AMOUNT OF
10 ANY CONTRACT UNDER THIS ACT, THE AMOUNT OF FUNDS AVAILABLE TO
11 THE APPLICANT FROM NONSTATE CONTRIBUTIONS AND FEDERAL GRANT OR
12 CONTRACT PROGRAMS PERTAINING TO EMERGENCY MEDICAL SERVICES SHALL
13 BE TAKEN INTO CONSIDERATION. NONSTATE CONTRIBUTIONS INCLUDE THE
14 OUTLAY OF CASH AND IN-KIND SERVICES OF THE CONTRACTOR OR TO THE
15 CONTRACTOR OR TOWARD THE OPERATION OF AN EMERGENCY MEDICAL
16 SERVICES SYSTEM BY PRIVATE, PUBLIC OR GOVERNMENTAL THIRD
17 PARTIES, INCLUDING THE FEDERAL GOVERNMENT.
18 (J) OTHER CONTRACTS.--EXCEPT AS PROVIDED IN SUBSECTION (C),
19 THE SECRETARY MAY ENTER INTO CONTRACTS WITH ORGANIZATIONS OTHER
20 THAN EMERGENCY MEDICAL SERVICES COUNCILS IN ORDER TO ASSIST THE
21 DEPARTMENT IN COMPLYING WITH THE PROVISIONS OF THIS ACT.
22 (K) PUBLIC DISCLOSURE.--FINALIZED CONTRACTS SHALL BE DEEMED
23 PUBLIC RECORDS.
24 SECTION 11. EMERGENCY MEDICAL SERVICES PERSONNEL.
25 (A) EDUCATION.--THE DEPARTMENT SHALL ASSIST, ENCOURAGE AND
26 COORDINATE THE EDUCATION OF EMERGENCY MEDICAL TECHNICIANS AND
27 EMT-PARAMEDICS, WHO SHALL BE CERTIFIED BY THE DEPARTMENT UPON
28 SUCCESSFUL COMPLETION OF COURSES OF INSTRUCTION RECOGNIZED BY
29 THE DEPARTMENT AND WRITTEN AND PRACTICAL SKILL EXAMINATIONS
30 ADMINISTERED BY THE DEPARTMENT OR ITS DESIGNEES.
19850S0632B1277 - 56 -
1 (1) THE DEPARTMENT SHALL DEVELOP STANDARDS IN THE FORM
2 OF RULES AND REGULATIONS FOR THE ACCREDITATION OF APPROPRIATE
3 EDUCATIONAL INSTITUTES AND SHALL BE EMPOWERED TO RECOGNIZE
4 SUCH INSTITUTES AS MEETING SUCH STANDARDS.
5 (2) EMERGENCY MEDICAL TECHNICIAN AND EMT-PARAMEDIC
6 STUDENTS ENROLLED IN COURSES RECOGNIZED BY THE DEPARTMENT
7 SHALL BE SUBJECT TO THE APPROPRIATE LIABILITY EXEMPTIONS
8 LISTED IN THIS SECTION, AS SHALL PARTICIPATING INSTITUTES,
9 ORGANIZATIONS AND FACILITIES PURSUANT TO THE PROVISIONS OF
10 SUBSECTION (J)(3).
11 (B) CERTIFICATION OF EMERGENCY MEDICAL TECHNICIAN.--THE
12 DEPARTMENT SHALL CERTIFY ANY PERSON AS AN EMERGENCY MEDICAL
13 TECHNICIAN WHO:
14 (1) HAS COMPLETED A BASIC TRAINING PROGRAM FOR EMERGENCY
15 MEDICAL TECHNICIANS APPROVED BY THE DEPARTMENT, WHICH PROGRAM
16 FOLLOWS IN ACCORDANCE WITH THE CURRENT NATIONAL STANDARD
17 CURRICULUM FOR EMERGENCY MEDICAL TECHNICIANS AS SET FORTH IN
18 THE RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
19 (2) HAS TAKEN AND SUCCESSFULLY PASSED A WRITTEN
20 EXAMINATION PRESCRIBED BY THE DEPARTMENT.
21 (3) HAS TAKEN AND SUCCESSFULLY PASSED A PRACTICAL TEST
22 OF EMERGENCY MEDICAL TECHNICIAN SKILLS PRESCRIBED BY THE
23 DEPARTMENT.
24 (4) IS AT LEAST 16 YEARS OF AGE.
25 NOTWITHSTANDING THE PROVISIONS OF THE ACT OF JULY 20, 1974
26 (P.L.551, NO.190), KNOWN AS THE MEDICAL PRACTICE ACT OF 1974, OR
27 THE PROVISIONS OF ANY ACT TO THE CONTRARY, ANY PERSON WITH A
28 VALID CERTIFICATION FROM THE DEPARTMENT AS AN EMERGENCY MEDICAL
29 TECHNICIAN MAY, IN THE CASE OF AN EMERGENCY, PERFORM THOSE
30 DUTIES AS DEEMED APPROPRIATE BY THE DEPARTMENT IN ACCORDANCE
19850S0632B1277 - 57 -
1 WITH RULES AND REGULATIONS PROMULGATED UNDER THIS ACT.
2 (C) ELIGIBILITY.--TO BE ELIGIBLE TO ENROLL IN A COURSE
3 LEADING TO CERTIFICATION AS AN EMT-PARAMEDIC, A PERSON SHALL:
4 (1) BE AT LEAST 18 YEARS OF AGE;
5 (2) HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT; AND
6 (3) BE CURRENTLY CERTIFIED BY THE DEPARTMENT AS AN
7 EMERGENCY MEDICAL TECHNICIAN.
8 (D) CERTIFICATION OF EMT-PARAMEDIC.--THE DEPARTMENT SHALL
9 CERTIFY A PERSON AS AN EMT-PARAMEDIC, PROVIDED THE PERSON MEETS
10 THE REQUIREMENTS OF SUBSECTION (C) AND:
11 (1) COMPLETES A TRAINING COURSE FOR EMT-PARAMEDICS
12 APPROVED BY THE DEPARTMENT, WHICH COURSE FOLLOWS IN
13 ACCORDANCE WITH THE CURRENT NATIONAL STANDARD CURRICULUM FOR
14 EMERGENCY MEDICAL TECHNICIAN-PARAMEDICS AS SET FORTH IN THE
15 RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
16 (2) IS VERIFIED AS HAVING DEMONSTRATED COMPETENCY IN ALL
17 REQUIRED SKILLS.
18 (3) TAKES AND PASSES A WRITTEN EXAMINATION FOR EMT-
19 PARAMEDICS PRESCRIBED BY THE DEPARTMENT.
20 NOTWITHSTANDING THE PROVISIONS OF THE MEDICAL PRACTICE ACT OF
21 1974, OR THE PROVISIONS OF ANY OTHER ACT TO THE CONTRARY, ANY
22 PERSON WITH A VALID CERTIFICATION FROM THE DEPARTMENT AS AN EMT-
23 PARAMEDIC MAY, IN THE CASE OF AN EMERGENCY, PERFORM THOSE DUTIES
24 AS DEEMED APPROPRIATE BY THE DEPARTMENT IN ACCORDANCE WITH RULES
25 AND REGULATIONS PROMULGATED UNDER THIS ACT.
26 (E) SCOPE OF PRACTICE.--EMERGENCY MEDICAL TECHNICIAN AND
27 EMT-PARAMEDIC.--THE SERVICES PROVIDED BY AN EMERGENCY MEDICAL
28 TECHNICIAN OR EMT-PARAMEDIC ARE LIMITED TO THE SERVICES REQUIRED
29 IN RESPONDING TO THE PERCEIVED NEEDS OF AN INDIVIDUAL FOR
30 IMMEDIATE MEDICAL CARE IN ORDER TO PREVENT LOSS OF LIFE OR
19850S0632B1277 - 58 -
1 AGGRAVATION OF PHYSIOLOGICAL OR PSYCHOLOGICAL ILLNESS OR INJURY.
2 SUCH SERVICES SHALL ONLY BE DELIVERED IN A PREHOSPITAL,
3 INTERHOSPITAL OR EMERGENCY CARE SETTING IN A HOSPITAL, SHALL NOT
4 INCLUDE DIAGNOSIS AND TREATMENT OF NONURGENT CARE AND SHALL BE
5 SUBJECT TO RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
6 (F) PHYSICIAN COMMUNICATION.--ANY LICENSED PHYSICIAN WHO IS
7 APPROVED FOR SUCH RESPONSIBILITY BY THE REGIONAL EMERGENCY
8 MEDICAL SERVICES COUNCIL, WHICH SHALL NOTIFY THE DEPARTMENT OF
9 SUCH APPROVAL, MAY GIVE APPROPRIATE MEDICAL COMMANDS VIA RADIO
10 OR OTHER TELECOMMUNICATIONS DEVICE TO AN EMERGENCY MEDICAL
11 TECHNICIAN OR EMT-PARAMEDIC OR HEALTH PROFESSIONAL CONSISTENT
12 WITH RESPECTIVE LEVELS OF SKILL AND EDUCATION AND REGULATIONS
13 PROMULGATED PURSUANT TO THIS ACT.
14 (G) DRUG ADMINISTRATION.--EVERY LICENSED PHYSICIAN GIVING A
15 MEDICAL COMMAND TO AN EMT-PARAMEDIC OR HEALTH PROFESSIONAL
16 REQUIRING ADMINISTRATION OF A DRUG SHALL FIRST IDENTIFY THE DRUG
17 AND THEN SPECIFY THE DOSAGE AND THE MANNER OF ADMINISTRATION.
18 (H) STANDING ORDERS.--WHEN SPECIFIED IN THE APPROVED
19 EMERGENCY MEDICAL SERVICES COUNCIL TRANSFER AND MEDICAL
20 TREATMENT PROTOCOLS ESTABLISHED PURSUANT TO RULES AND
21 REGULATIONS, AN EMERGENCY MEDICAL TECHNICIAN, EMT-PARAMEDIC OR
22 HEALTH PROFESSIONAL MAY PERFORM SPECIFIC EMERGENCY SKILLS AND
23 TREATMENT PRIOR TO THE INITIATION OF MEDICAL COMMAND.
24 (I) CARE WHERE COMMUNICATIONS ARE DISRUPTED.--IF
25 TELECOMMUNICATIONS CANNOT BE ESTABLISHED BETWEEN AN EMERGENCY
26 MEDICAL TECHNICIAN OR AN EMT-PARAMEDIC, OR A HEALTH PROFESSIONAL
27 AND A LICENSED PHYSICIAN, OR IF TELECOMMUNICATIONS ONCE
28 ESTABLISHED ARE INTERRUPTED AND CANNOT BE REESTABLISHED, AN
29 EMERGENCY MEDICAL TECHNICIAN OR AN EMT-PARAMEDIC OR HEALTH
30 PROFESSIONAL MAY INITIATE AND CONTINUE EMERGENCY MEDICAL CARE IN
19850S0632B1277 - 59 -
1 ACCORDANCE WITH THE APPROVED EMERGENCY MEDICAL SERVICES COUNCIL
2 TRANSFER AND MEDICAL TREATMENT PROTOCOLS ESTABLISHED PURSUANT TO
3 RULES AND REGULATIONS.
4 (J) LIABILITY.--
5 (1) NO AUTHORIZED MEDICAL COMMAND PHYSICIAN WHO IN GOOD
6 FAITH GIVES INSTRUCTIONS TO AN EMERGENCY MEDICAL TECHNICIAN
7 OR EMT-PARAMEDIC OR HEALTH PROFESSIONAL SHALL BE LIABLE FOR
8 ANY CIVIL DAMAGES AS A RESULT OF ISSUING THE INSTRUCTIONS,
9 UNLESS GUILTY OF GROSS OR WILLFUL NEGLIGENCE.
10 (2) NO EMERGENCY MEDICAL TECHNICIAN OR EMT-PARAMEDIC OR
11 HEALTH PROFESSIONAL WHO IN GOOD FAITH ATTEMPTS TO RENDER OR
12 FACILITATE EMERGENCY MEDICAL CARE AUTHORIZED BY THIS ACT
13 SHALL BE LIABLE FOR CIVIL DAMAGES AS A RESULT OF ANY ACTS OR
14 OMISSIONS, UNLESS GUILTY OF GROSS OR WILLFUL NEGLIGENCE. THIS
15 PROVISION SHALL APPLY TO STUDENTS ENROLLED IN APPROVED
16 COURSES OF INSTRUCTION AND SUPERVISED PURSUANT TO RULES AND
17 REGULATIONS.
18 (3) NO APPROVED EMERGENCY MEDICAL SERVICES TRAINING
19 INSTITUTE NOR ANY ENTITY PARTICIPATING AS PART OF ANY
20 APPROVED EDUCATIONAL PROGRAM OFFERED BY SUCH INSTITUTE AS
21 AUTHORIZED BY THIS ACT SHALL BE LIABLE FOR ANY CIVIL DAMAGES
22 AS A RESULT OF PRIMARY AND CONTINUING EDUCATIONAL PRACTICE BY
23 DULY ENROLLED STUDENTS UNDER PROPER SUPERVISION, UNLESS
24 GUILTY OF GROSS OR WILLFUL NEGLIGENCE.
25 (4) NO MEDICAL COMMAND FACILITY RECOGNIZED BY THE
26 DEPARTMENT WHICH IN GOOD FAITH PROVIDES MEDICAL COMMANDS TO
27 AN EMERGENCY MEDICAL TECHNICIAN, EMT-PARAMEDIC OR HEALTH
28 PROFESSIONAL IN ACCORDANCE WITH THIS ACT SHALL BE LIABLE FOR
29 ANY CIVIL DAMAGES AS A RESULT OF ISSUING INSTRUCTIONS, UNLESS
30 GUILTY OF GROSS OR WILLFUL NEGLIGENCE.
19850S0632B1277 - 60 -
1 (5) NO EMERGENCY MEDICAL TECHNICIAN OR EMT-PARAMEDIC WHO
2 IN GOOD FAITH ATTEMPTS TO RENDER EMERGENCY CARE AUTHORIZED BY
3 THIS ACT AT AN EMERGENCY SCENE WHILE ENROUTE TO A PLACE OF
4 EMPLOYMENT SHALL RECEIVE ANY FORM OF REPRIMAND OR PENALTY BY
5 AN EMPLOYER AS A RESULT OF LATE ARRIVAL AT THE PLACE OF
6 EMPLOYMENT. AN EMPLOYER MAY REQUEST WRITTEN VERIFICATION FROM
7 ANY SUCH EMERGENCY MEDICAL TECHNICIAN OR EMT-PARAMEDIC, WHO
8 SHALL OBTAIN THE WRITTEN VERIFICATION FROM EITHER THE POLICE
9 OFFICER OR AMBULANCE PERSONNEL WHO IS IN CHARGE AT THE
10 EMERGENCY SCENE.
11 (K) CONTINUITY OF CARE.--UNTIL RULES AND REGULATIONS ARE
12 PROMULGATED UNDER THIS ACT, CERTIFIED PREHOSPITAL PERSONNEL
13 SHALL COMPLY WITH THE RULES AND REGULATIONS IN EFFECT ON THE
14 EFFECTIVE DATE OF THIS ACT.
15 SECTION 12. MINIMUM STANDARDS FOR AMBULANCE SERVICE.
16 (A) LICENSE REQUIRED.--TWO YEARS AFTER THE EFFECTIVE DATE OF
17 THE RULES AND REGULATIONS PROMULGATED UNDER THIS ACT, NO PERSON,
18 AS AN OWNER, AGENT OR OTHERWISE, SHALL OPERATE, CONDUCT,
19 MAINTAIN, ADVERTISE OR OTHERWISE ENGAGE IN OR PROFESS TO BE
20 ENGAGED IN PROVIDING A BASIC LIFE SUPPORT AMBULANCE SERVICE OR
21 AN ADVANCED LIFE SUPPORT SERVICE UPON THE HIGHWAYS OR IN ANY
22 OTHER PUBLIC PLACE WITHIN THIS COMMONWEALTH UNLESS THAT PERSON
23 HOLDS A CURRENTLY VALID LICENSE AS A BASIC LIFE SUPPORT

Historical Act text part 2

24 AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT AMBULANCE SERVICE
25 ISSUED BY THE DEPARTMENT PURSUANT TO THIS ACT OR UNLESS SUCH
26 PERSON IS EXEMPTED UNDER THE PROVISIONS OF SUBSECTION (R).
27 (B) APPLICATION.--A PERSON DESIRING TO SECURE A LICENSE TO
28 MAINTAIN AND OPERATE AN AMBULANCE SERVICE SHALL SUBMIT AN
29 APPLICATION TO THE DEPARTMENT WITHIN ONE YEAR FROM THE EFFECTIVE
30 DATE OF RULES AND REGULATIONS PROMULGATED UNDER THIS ACT.
19850S0632B1277 - 61 -
1 APPLICATIONS FOR AN AMBULANCE SERVICE LICENSE SHALL BE MADE ON
2 FORMS PRESCRIBED BY THE DEPARTMENT AND SHALL CONTAIN SUCH
3 INFORMATION AS THE DEPARTMENT CONSIDERS NECESSARY TO DETERMINE
4 THAT THE AMBULANCE SERVICE MEETS THE REQUIREMENTS UNDER THIS ACT
5 AND RELATED RULES AND REGULATIONS. APPLICATIONS FOR RENEWAL OF A
6 LICENSE SHALL BE MADE ON FORMS PRESCRIBED BY THE DEPARTMENT IN
7 ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE
8 DEPARTMENT.
9 (C) FEES.--THE DEPARTMENT SHALL LEVY NO FEE FOR LICENSES FOR
10 BASIC OR ADVANCED LIFE SUPPORT AMBULANCE SERVICES.
11 (D) RULES AND REGULATIONS.--WITHIN ONE YEAR OF THE EFFECTIVE
12 DATE OF THIS ACT, THE SECRETARY SHALL PROMULGATE RULES AND
13 REGULATIONS SETTING FORTH THE MINIMUM ESSENTIAL EQUIPMENT FOR
14 AMBULANCES USED TO PROVIDE BASIC OR ADVANCED LIFE SUPPORT
15 SERVICES IN THIS COMMONWEALTH AND SHALL PRESCRIBE DESIGN
16 CRITERIA FOR ANY VEHICLE USED OR INTENDED TO BE USED AS AN
17 AMBULANCE. EQUIPMENT LISTED SHALL INCLUDE THE MINIMUM ESSENTIAL
18 EQUIPMENT REQUIRED FOR EFFECTIVE OPERATION AND RENDERING OF
19 APPROPRIATE EMERGENCY MEDICAL CARE IN ACCORDANCE WITH CURRENT
20 NATIONAL STANDARDS.
21 (E) MINIMUM STANDARDS FOR STAFFING.--MINIMUM STAFFING
22 STANDARDS FOR AMBULANCE SERVICES WHICH OPERATE AT THE BASIC LIFE
23 SUPPORT LEVEL OF CARE SHALL BE AS FOLLOWS:
24 (1) UPON THE EFFECTIVE DATE OF THIS ACT, ALL AMBULANCES
25 IN THIS COMMONWEALTH, WHEN TRANSPORTING A PATIENT OR
26 PATIENTS, SHALL BE OPERATED WITH A MINIMUM STAFFING OF TWO
27 PERSONS, ONE OF WHOM SHALL ACCOMPANY THE PATIENT IN THE
28 PATIENT COMPARTMENT DURING TRANSPORT.
29 (2) ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ACT, EACH
30 AMBULANCE SERVICE SHALL REQUIRE THAT AN AMBULANCE, WHEN
19850S0632B1277 - 62 -
1 TRANSPORTING A PATIENT OR PATIENTS, EXCEPT FOR ROUTINE
2 TRANSFER OF CONVALESCENT OR OTHER NONEMERGENCY CASES, SHALL
3 BE STAFFED BY AT LEAST TWO PERSONS. ONE PERSON SHALL AT LEAST
4 QUALIFY AS AN AMBULANCE ATTENDANT AS DEFINED IN THIS ACT AND
5 SHALL ACCOMPANY THE PATIENT IN THE PATIENT COMPARTMENT OF THE
6 AMBULANCE DURING TRANSPORT.
7 (3) TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, ALL
8 AMBULANCES, WHEN TRANSPORTING A PATIENT OR PATIENTS, EXCEPT
9 FOR ROUTINE TRANSFER OF CONVALESCENT OR OTHER NONEMERGENCY
10 CASES, SHALL BE STAFFED BY AT LEAST TWO PERSONS, WHO SHALL,
11 AT LEAST, QUALIFY AS AMBULANCE ATTENDANTS. AT LEAST ONE
12 ATTENDANT SHALL ACCOMPANY THE PATIENT IN THE PATIENT
13 COMPARTMENT OF THE AMBULANCE DURING TRANSPORT.
14 (4) THREE YEARS AFTER THE EFFECTIVE DATE OF THIS ACT,
15 ALL AMBULANCES, WHEN TRANSPORTING A PATIENT OR PATIENTS,
16 EXCEPT FOR ROUTINE TRANSFER OF CONVALESCENT OR OTHER
17 NONEMERGENCY CASES, SHALL BE STAFFED BY AT LEAST TWO PERSONS,
18 ONE OF WHOM SHALL BE AN EMERGENCY MEDICAL TECHNICIAN, EMT-
19 PARAMEDIC OR HEALTH PROFESSIONAL, AND ONE OF WHOM SHALL, AT
20 LEAST QUALIFY AS AN AMBULANCE ATTENDANT. THE EMERGENCY
21 MEDICAL TECHNICIAN, EMT-PARAMEDIC OR HEALTH PROFESSIONAL
22 SHALL ACCOMPANY THE PATIENT IN THE PATIENT COMPARTMENT.
23 (F) TRAINING.--THE DEPARTMENT SHALL ASSURE THE AVAILABILITY
24 OF EMERGENCY MEDICAL TECHNICIAN TRAINING FOR THOSE INDIVIDUALS
25 WHO SHOW EVIDENCE OF SPONSORSHIP BY A LICENSED AMBULANCE SERVICE
26 AS PROVIDED BY THIS ACT OR BY A PERSON OR ENTITY HAVING MADE
27 APPLICATION TO BECOME A LICENSED AMBULANCE SERVICE. THIS
28 TRAINING SHALL BE AVAILABLE TO EACH COUNTY OF THIS COMMONWEALTH
29 DURING DAY AND EVENING HOURS AT REASONABLE COST IN ACCORDANCE <--
30 WITH POLICIES AND GUIDELINES PUBLISHED BY THE DEPARTMENT UPON
19850S0632B1277 - 63 -
1 ADVICE FROM THE COUNCIL.
2 (G) STAFF FOR ADVANCED LIFE SUPPORT VEHICLE.--
3 (1) UPON THE EFFECTIVE DATE OF THIS ACT, EACH ADVANCED
4 LIFE SUPPORT SERVICE SHALL REQUIRE THAT AT LEAST TWO PERSONS
5 SHALL RESPOND TO CALLS FOR ASSISTANCE. THIS STAFF SHALL
6 CONSIST OF ONE OF THE FOLLOWING:
7 (I) TWO HEALTH PROFESSIONALS.
8 (II) ONE HEALTH PROFESSIONAL AND EITHER ONE
9 EMERGENCY MEDICAL TECHNICIAN OR ONE EMT-PARAMEDIC.
10 (III) ONE EMERGENCY MEDICAL TECHNICIAN AND ONE EMT-
11 PARAMEDIC.
12 (2) PARAGRAPH (1) SHALL NOT APPLY AS FOLLOWS:
13 (I) TEMPORARY LICENSES MAY BE ISSUED TO ADVANCED
14 LIFE SUPPORT SERVICES WHICH ARE NOT GENERALLY ABLE TO
15 PROVIDE THIS SERVICE 24 HOURS PER DAY AND 7 DAYS PER WEEK
16 IN ACCORDANCE WITH SUBSECTION (N).
17 (II) AN ADVANCED LIFE SUPPORT AMBULANCE SERVICE MAY
18 BE STAFFED BY ONE EMT-PARAMEDIC OR ONE HEALTH
19 PROFESSIONAL WHEN RESPONDING TO CALLS FOR ASSISTANCE,
20 PROVIDED THAT THE MINIMUM ADVANCED LIFE SUPPORT STAFFING
21 REQUIREMENTS SET FORTH IN THIS SUBSECTION ARE MET DURING
22 EMERGENCY MEDICAL TREATMENT AND TRANSPORT OF THE PATIENT.
23 (H) ISSUANCE OF LICENSE.--THE DEPARTMENT SHALL ISSUE A
24 LICENSE TO AN AMBULANCE SERVICE PURSUANT TO THIS ACT WHEN IT IS
25 SATISFIED THAT THE FOLLOWING STANDARDS HAVE BEEN MET:
26 (1) THE AMBULANCE SERVICE IS STAFFED BY RESPONSIBLE
27 PERSONS.
28 (2) THE AMBULANCE OR OTHER VEHICLE USED TO PROVIDE
29 EMERGENCY MEDICAL SERVICES IS ADEQUATELY CONSTRUCTED,
30 EQUIPPED, MAINTAINED AND OPERATED TO SAFELY AND EFFICIENTLY
19850S0632B1277 - 64 -
1 RENDER THE SERVICES OFFERED.
2 (3) THE AMBULANCE SERVICE MEETS THE REQUIRED STAFFING
3 STANDARDS SET FORTH IN THIS ACT.
4 (4) THE AMBULANCE SERVICE PROVIDES SAFE AND EFFICIENT
5 SERVICES WHICH ARE ADEQUATE FOR THE EMERGENCY MEDICAL CARE,
6 THE TREATMENT AND COMFORT AND, WHEN APPROPRIATE, THE
7 TRANSPORTATION OF PATIENTS.
8 (5) THERE IS COMPLIANCE WITH THE RULES AND REGULATIONS
9 PROMULGATED BY THE DEPARTMENT UNDER THIS ACT.
10 (I) NONTRANSFERABILITY OF LICENSE.--A LICENSE TO OPERATE A
11 BASIC LIFE SUPPORT AMBULANCE SERVICE, OR AN ADVANCED LIFE
12 SUPPORT SERVICE, IS NOT TRANSFERABLE AND SHALL REMAIN VALID FOR
13 A PERIOD OF THREE YEARS UNLESS REVOKED OR SUSPENDED BY THE
14 DEPARTMENT.
15 (J) DISPLAY.--THE LICENSE SHALL AT ALL TIMES BE POSTED IN A
16 CONSPICUOUS PLACE ON THE AMBULANCE OR MOBILE ADVANCED LIFE
17 SUPPORT VEHICLE.
18 (K) INSPECTION.--EACH BASIC LIFE SUPPORT AMBULANCE SERVICE
19 AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE AND ITS VEHICLES,
20 EQUIPMENT AND PERSONNEL QUALIFICATIONS SHALL BE INSPECTED BY THE
21 DEPARTMENT OR ITS REPRESENTATIVE. THE INSPECTIONS SHALL BE
22 CONDUCTED, FROM TIME TO TIME, AS DEEMED APPROPRIATE AND
23 NECESSARY, BUT NOT LESS THAN ONCE EVERY THREE YEARS.
24 (L) REFUSAL OR SUSPENSION.--THE DEPARTMENT MAY REFUSE TO
25 RENEW A LICENSE OR MAY SUSPEND OR REVOKE A LICENSE OF AN
26 AMBULANCE SERVICE FOR THE FOLLOWING REASONS:
27 (1) A SERIOUS VIOLATION OF THE PROVISIONS OF THIS ACT OR
28 OF THE REGULATIONS FOR MINIMUM AMBULANCE STANDARDS
29 PROMULGATED UNDER THIS ACT. FOR PURPOSES OF THIS PARAGRAPH, A
30 SERIOUS VIOLATION IS ONE WHICH POSES A CONTINUED SIGNIFICANT
19850S0632B1277 - 65 -
1 THREAT TO THE HEALTH OF THE PATIENT.
2 (2) FAILURE OF A LICENSEE TO SUBMIT A REASONABLE
3 TIMETABLE TO CORRECT DEFICIENCIES.
4 (3) THE EXISTENCE OF A CONTINUING PATTERN OF
5 DEFICIENCIES OVER A PERIOD OF THREE OR MORE YEARS.
6 (4) FAILURE, BY THE HOLDER OF A PROVISIONAL LICENSE, TO
7 CORRECT DEFICIENCIES IN ACCORDANCE WITH A TIMETABLE SUBMITTED
8 BY THE APPLICANT OR LICENSEE AND AGREED UPON BY THE
9 DEPARTMENT.
10 (5) FRAUD OR DECEIT IN OBTAINING OR ATTEMPTING TO OBTAIN
11 A LICENSE.
12 (6) LENDING, BORROWING OR USING THE LICENSE OF ANOTHER,
13 OR IN ANY WAY KNOWINGLY AIDING OR ABETTING THE IMPROPER
14 GRANTING OF A LICENSE.
15 (7) INCOMPETENCE, NEGLIGENCE OR MISCONDUCT IN OPERATING
16 THE AMBULANCE SERVICE OR IN PROVIDING EMERGENCY MEDICAL
17 SERVICES TO PATIENTS.
18 (M) PROVISIONAL LICENSE.--WHEN THERE ARE NUMEROUS
19 DEFICIENCIES OR A SERIOUS SPECIFIC DEFICIENCY IN COMPLIANCE WITH
20 THIS ACT OR RULES OR REGULATIONS PROMULGATED THEREUNDER, THE
21 DEPARTMENT MAY ISSUE A PROVISIONAL LICENSE FOR OPERATION OF AN
22 AMBULANCE SERVICE WHEN THE DEPARTMENT DEEMS IT IS IN THE PUBLIC
23 INTEREST TO DO SO. THE PROVISIONAL LICENSE SHALL BE VALID FOR A <--
24 PERIOD NOT TO EXCEED 90 DAYS AND MAY BE RENEWED ONLY ONCE BY THE
25 DEPARTMENT.
26 (N) TEMPORARY LICENSE.--WHEN A NEW OR EXISTING ADVANCED LIFE
27 SUPPORT SERVICE CANNOT PROVIDE SERVICE 24 HOURS A DAY, 7 DAYS A
28 WEEK, THE DEPARTMENT MAY ISSUE A TEMPORARY LICENSE FOR OPERATION
29 OF THE ADVANCED LIFE SUPPORT SERVICE WHEN THE DEPARTMENT DEEMS
30 IT IS IN THE PUBLIC INTEREST TO DO SO. THE TEMPORARY LICENSE
19850S0632B1277 - 66 -
1 SHALL BE VALID FOR A PERIOD NOT TO EXCEED OF ONE YEAR AND MAY BE <--
2 RENEWED FOR THE SAME INCREMENTAL PERIOD NOT TO EXCEED TWO YEARS.
3 (O) VIOLATION.--
4 (1) UPON DETERMINING THAT A VIOLATION OF THIS ACT OR
5 RULES AND REGULATIONS PROMULGATED THEREUNDER EXISTS, THE
6 DEPARTMENT SHALL ISSUE A WRITTEN NOTICE TO THE AMBULANCE
7 SERVICE SPECIFYING THE VIOLATION OR VIOLATIONS THAT HAVE BEEN
8 FOUND. THE NOTICE SHALL REQUIRE THE AMBULANCE SERVICE TO TAKE
9 ACTION OR SUBMIT A PLAN OF CORRECTION TO THE DEPARTMENT THAT
10 SHALL BRING THE AMBULANCE SERVICE INTO COMPLIANCE WITH
11 APPLICABLE LAW OR REGULATIONS WITHIN A SPECIFIED PERIOD OF
12 TIME. THE PLAN OF CORRECTION MUST BE SUBMITTED WITHIN 30 DAYS
13 OF RECEIPT OF THE WRITTEN NOTICE.
14 (2) IF, AFTER SUCH REASONABLE TIME FOR COMPLIANCE, THE
15 DEPARTMENT DETERMINES THAT THE VIOLATION PERSISTS, THE
16 DEPARTMENT SHALL AFFORD THE HOLDER OF THE LICENSE AN
17 OPPORTUNITY FOR AN ADMINISTRATIVE HEARING TO BE CONDUCTED BY
18 THE DEPARTMENT PURSUANT TO TITLE 2 OF THE PENNSYLVANIA
19 CONSOLIDATED STATUTES (RELATING TO ADMINISTRATIVE LAW AND
20 PROCEDURE). IF, AFTER THE HEARING, THE DEPARTMENT RULES THAT
21 THE LICENSE SHALL BE SUSPENDED OR REVOKED, APPEALS MAY BE
22 TAKEN AS PROVIDED BY LAW.
23 (P) CESSATION OF SERVICE.--UPON SUSPENSION OR REVOCATION OF
24 A LICENSE, THE SERVICE SHALL CEASE OPERATIONS AND NO PERSON
25 SHALL PERMIT OR CAUSE THE SERVICE TO CONTINUE.
26 (Q) DISCONTINUANCE OF SERVICE.--HOLDERS OF LICENSES TO
27 OPERATE A BASIC LIFE SUPPORT AMBULANCE SERVICE OR AN ADVANCED
28 LIFE SUPPORT SERVICE SHALL NOT DISCONTINUE SERVICE UNTIL 90 DAYS
29 AFTER THE HOLDER NOTIFIES THE DEPARTMENT, IN WRITING, THAT THE
30 SERVICE IS TO BE DISCONTINUED. NOTICE TO THE DEPARTMENT SHALL
19850S0632B1277 - 67 -
1 INCLUDE A STATEMENT THAT THE LICENSEE HAS NOTIFIED THE CHIEF
2 EXECUTIVE OFFICER OF EACH POLITICAL SUBDIVISION IN THE
3 LICENSEE'S AMBULANCE SERVICE AREA OF THE INTENT TO DISCONTINUE
4 AMBULANCE SERVICE AND THAT THE INTENT TO DISCONTINUE SERVICE HAS
5 BEEN ADVERTISED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
6 LICENSEE'S SERVICE AREA.
7 (R) LICENSE NOT REQUIRED.--FOR AMBULANCE SERVICES OWNED AND
8 OPERATED BY A HOSPITAL LICENSED UNDER CHAPTER 8 OF THE ACT OF
9 JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE
10 FACILITIES ACT, A SEPARATE AMBULANCE SERVICE LICENSE PURSUANT TO
11 THIS ACT SHALL NOT BE REQUIRED. ALL SUCH AMBULANCE SERVICES
12 SHALL, NEVERTHELESS, BE SUBJECT TO THE STANDARDS AND CRITERIA
13 SET FORTH IN THIS ACT AND THE RULES AND REGULATIONS PROMULGATED
14 THEREUNDER.
15 (S) VASC SERVICES.--BASIC LIFE SUPPORT AMBULANCE SERVICES
16 THAT ARE VASC CERTIFIED UPON THE EFFECTIVE DATE OF THE RULES AND
17 REGULATIONS FOR AMBULANCE LICENSURE PROMULGATED UNDER THIS ACT
18 SHALL BE DEEMED IN COMPLIANCE WITH THIS ACT UNTIL THE EXPIRATION
19 OF THEIR CURRENT VASC CERTIFICATION. PRIOR TO THE EXPIRATION OF
20 VASC CERTIFICATION, AN AMBULANCE SERVICE SHALL OBTAIN A LICENSE
21 PURSUANT TO THE PROVISIONS OF THIS ACT.
22 (T) EXEMPTIONS.--THE FOLLOWING ARE EXEMPTED FROM THE
23 LICENSING PROVISIONS OF THIS ACT:
24 (1) PRIVATELY OWNED VEHICLES NOT ORDINARILY USED TO
25 TRANSPORT PATIENTS.
26 (2) A VEHICLE RENDERING TEMPORARY SERVICE AS AN
27 AMBULANCE IN AN EMERGENCY WHEN AMBULANCES BASED IN THE
28 LOCALITY OF THE EMERGENCY ARE INSUFFICIENT TO RENDER SERVICES
29 REQUIRED.
30 (3) SERVICES LOCATED OR HEADQUARTERED OUTSIDE THIS
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1 COMMONWEALTH WHICH DO NOT ROUTINELY TRANSPORT PATIENTS FROM
2 LOCATIONS BEYOND THE LIMITS OF THIS COMMONWEALTH TO LOCATIONS
3 WITHIN THIS COMMONWEALTH.
4 (4) AMBULANCES AND AMBULANCE SERVICES OWNED AND OPERATED
5 BY AN AGENCY OF THE FEDERAL GOVERNMENT.
6 (5) INVALID COACHES.
7 (6) RESCUE VEHICLES.
8 SECTION 13. LIMITATION OF LIABILITY FOR FAILURE TO OBTAIN
9 CONSENT.
10 NO AMBULANCE ATTENDANT, EMERGENCY MEDICAL TECHNICIAN OR EMT-
11 PARAMEDIC NOR ANY CERTIFIED OR HEALTH PROFESSIONAL MAY BE
12 SUBJECT TO CIVIL LIABILITY BASED SOLELY UPON FAILURE TO OBTAIN
13 CONSENT IN RENDERING EMERGENCY MEDICAL SERVICES TO ANY PERSON,
14 REGARDLESS OF AGE, WHERE THE PERSON IS UNABLE TO GIVE CONSENT
15 FOR ANY REASON, INCLUDING MINORITY, AND WHERE THERE IS NO OTHER
16 PERSON REASONABLY AVAILABLE WHO IS LEGALLY AUTHORIZED TO GIVE
17 CONSENT TO THE PROVIDING OF SUCH CARE OR WHO IS LEGALLY
18 AUTHORIZED TO REFUSE TO GIVE CONSENT TO THE PROVIDING OF SUCH
19 CARE, PROVIDED THAT THE AMBULANCE ATTENDANT, EMERGENCY MEDICAL
20 TECHNICIAN, EMT-PARAMEDIC OR HEALTH PROFESSIONAL HAS ACTED IN
21 GOOD FAITH AND WITHOUT KNOWLEDGE OF FACTS NEGATING CONSENT.
22 SECTION 14. SUPPORT OF EMERGENCY MEDICAL SERVICES.
23 (A) FINE.--A $10 FINE SHALL BE LEVIED ON ALL MOVING TRAFFIC
24 VIOLATIONS. THESE FINES SHALL BE IN ADDITION TO OTHER FINES
25 IMPOSED AT THE DISCRETION OF THE COURT.
26 (B) EMERGENCY MEDICAL OPERATING SERVICES OPERATING FUND.--
27 MONEY COLLECTED SHALL BE PAID TO THE COURT IMPOSING THE FINE
28 WHICH SHALL FORWARD IT TO THE STATE TREASURER FOR DEPOSIT INTO A
29 SPECIAL REVOLVING FUND TO BE KNOWN AS THE EMERGENCY MEDICAL
30 OPERATING SERVICES OPERATING FUND.
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1 (C) PURPOSE OF FUND.--ALL MONEY FROM THE EMERGENCY MEDICAL
2 SERVICES OPERATING FUND SHALL BE DISBURSED BY THE DEPARTMENT FOR
3 THE INITIATION, EXPANSION, MAINTENANCE AND IMPROVEMENT OF
4 EMERGENCY MEDICAL SERVICES.
5 (D) ALLOCATION TO CATASTROPHIC MEDICAL AND REHABILITATION
6 FUND.--TWENTY-FIVE PERCENT OF THE FUND SHALL BE ALLOCATED TO A
7 CATASTROPHIC MEDICAL AND REHABILITATION FUND FOR VICTIMS OF
8 TRAUMA. THE CATASTROPHIC FUND SHALL BE AVAILABLE TO TRAUMA
9 VICTIMS TO PURCHASE MEDICAL, REHABILITATION AND ATTENDANT CARE
10 SERVICES WHEN ALL ALTERNATIVE FINANCIAL RESOURCES HAVE BEEN
11 EXHAUSTED.
12 SECTION 15. PROHIBITED ACTS.
13 (A) MAKING FALSE AMBULANCE REQUESTS.--IT SHALL BE UNLAWFUL
14 FOR ANY PERSON TO INTENTIONALLY REPORT A MEDICAL EMERGENCY AND
15 SUMMON AN AMBULANCE WHEN SUCH PERSON DOES NOT HAVE GOOD CAUSE TO
16 BELIEVE THAT THE SERVICES OF AN AMBULANCE ARE NEEDED. A PERSON
17 VIOLATING THIS SUBSECTION COMMITS A SUMMARY OFFENSE.
18 (B) OBSTRUCTION.--IT IS UNLAWFUL FOR ANY PERSON TO
19 INTENTIONALLY IMPEDE OR OBSTRUCT ANY AMBULANCE ATTENDANT,
20 EMERGENCY MEDICAL TECHNICIAN OR EMT-PARAMEDIC OR HEALTH
21 PROFESSIONAL IN THE PERFORMANCE OF OFFICIAL DUTIES, PROVIDED
22 THAT THE AMBULANCE ATTENDANT, EMERGENCY MEDICAL TECHNICIAN OR
23 EMT-PARAMEDIC DISPLAYS ACCEPTED AMERICAN RED CROSS OR DEPARTMENT
24 INSIGNIA OR CREDENTIALS. A PERSON VIOLATING THIS SUBSECTION
25 COMMITS A SUMMARY OFFENSE.
26 (C) IMPERSONATING AMBULANCE PERSONNEL.--IT IS UNLAWFUL FOR
27 ANY PERSON WHO IS NOT AN AMBULANCE ATTENDANT, EMERGENCY MEDICAL
28 TECHNICIAN, EMT-PARAMEDIC, OR HEALTH PROFESSIONAL TO DISPLAY AN
29 INSIGNIA OR CREDENTIALS OR ACT IN ANY MANNER THAT WOULD LEAD
30 REASONABLE PERSONS TO CONCLUDE THAT THE PERSON IS AN AMBULANCE
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1 ATTENDANT, EMERGENCY MEDICAL TECHNICIAN, EMT-PARAMEDIC, OR
2 HEALTH PROFESSIONAL. A PERSON VIOLATING THIS SUBSECTION COMMITS
3 A SUMMARY OFFENSE.
4 (D) MISREPRESENTATION OF LICENSE.--IT SHALL BE UNLAWFUL FOR
5 ANY PERSON WHO DOES NOT POSSESS A VALID AMBULANCE SERVICE
6 LICENSE ISSUED BY THE DEPARTMENT TO ADVERTISE, DISPLAY VEHICLE
7 MARKINGS OR EXHIBIT ANY OTHER MEANS THAT WOULD LEAD A REASONABLE
8 PERSON TO CONCLUDE THAT SUCH SERVICE HOLDS SUCH LICENSE, IS A
9 LICENSED SERVICE OR PROVIDES A LEVEL OF EMERGENCY CARE BEYOND
10 THE LEVEL OF CARE ACTUALLY PROVIDED. A PERSON VIOLATING THIS
11 SUBSECTION COMMITS A SUMMARY OFFENSE.
12 SECTION 16. PENALTIES.
13 A PERSON WHO OPERATES AN AMBULANCE SERVICE WHICH DOES NOT
14 HAVE A CURRENTLY VALID LICENSE OR WHO VIOLATES ANY OTHER
15 PROVISION OF THIS ACT, EXCEPT AS OTHERWISE SPECIFIED, COMMITS A
16 SUMMARY OFFENSE.
17 SECTION 17. ALLOCATIONS.
18 OF ALL FUNDS AVAILABLE TO THE DEPARTMENT FOR THE INITIATION,
19 EXPANSION, MAINTENANCE, EVALUATION AND IMPROVEMENT OF EMERGENCY
20 MEDICAL SERVICES SYSTEMS, AT LEAST 75% SHALL BE ALLOCATED FOR
21 THE DIRECT SUPPORT OF EMERGENCY MEDICAL SERVICES SYSTEMS, WITH
22 AT LEAST 10% OF THESE FUNDS TO BE ALLOCATED TO PROVIDE
23 ADDITIONAL FINANCIAL ASSISTANCE FOR THOSE EMERGENCY MEDICAL
24 SERVICES SYSTEMS SERVING RURAL AREAS.
25 SECTION 18. SEVERABILITY.
26 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF
27 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS
28 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
29 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
30 THE INVALID PROVISION OR APPLICATION.
19850S0632B1277 - 71 -
1 SECTION 19. REPEALS.
2 (A) SPECIFIC REPEALS.--THE FOLLOWING ACTS ARE REPEALED:
3 ACT OF NOVEMBER 30, 1976 (P.L.1205, NO.264), ENTITLED "AN ACT
4 DEFINING EMERGENCY MEDICAL TECHNICIAN; AUTHORIZING SUCH
5 PERSONNEL TO RENDER EMERGENCY CARE; EXEMPTING SUCH PERSONNEL AND
6 PHYSICIANS WORKING IN CONJUNCTION WITH THEM FROM CIVIL LIABILITY
7 WHEN RENDERING SUCH CARE; AND MAKING REPEALS," EFFECTIVE ON THE
8 EFFECTIVE DATE OF RULES AND REGULATIONS PROMULGATED UNDER THIS
9 ACT.
10 ACT OF NOVEMBER 30, 1976 (P.L.1207, NO.265), KNOWN AS THE
11 EMERGENCY MEDICAL SERVICES SYSTEMS ACT.
12 (B) GENERAL REPEAL.--ALL OTHER ACTS AND PARTS OF ACTS ARE
13 REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
14 SECTION 20. EFFECTIVE DATE.
15 THIS ACT SHALL TAKE EFFECT JULY 1, 1985, OR IMMEDIATELY,
16 WHICHEVER IS LATER.
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