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PRINTER'S NO. 1745
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1491
Session of
2025
INTRODUCED BY CAUSER, BENNINGHOFF, GILLEN, COOK, COOPER, EMRICK,
JAMES, M. MACKENZIE, PICKETT, RAPP AND STENDER, MAY 19, 2025
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 21, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in emergency medical services system,
further providing for declaration of policy, for definitions,
for emergency medical services system programs and for duties
of department; establishing the State EMS Advisory Board; and
further providing for emergency medical services patient care
reports, for funding, for notification of trauma center
closure, for State Advisory Board, for regional emergency
medical services councils, for comprehensive plan, for
contracts and grants and for scholarships for recruitment,
training and retention.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8102(10) of Title 35 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 8102. Declaration of policy.
The General Assembly finds and declares as follows:
* * *
(10) The [Department of Health should] commissioner
shall continually assess and, as needed, revise the functions
of emergency medical services agencies and providers and
other components of the emergency medical services system
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that it regulates under this chapter to:
(i) improve the quality of emergency medical
services provided in this Commonwealth;
(ii) have the emergency medical services system
adapt to changing needs of the residents of this
Commonwealth; and
(iii) promote the recruitment and retention of
persons willing and qualified to serve as emergency
medical services providers in this Commonwealth.
* * *
Section 2. The definitions of "advanced emergency medical
technician," "ambulance attendant," "board," "Commonwealth
emergency medical services medical director" or "Commonwealth
EMS medical director," "department," "emergency medical
responder" or "EMR," "emergency medical services agency" or "EMS
agency," "emergency medical services agency medical director" or
"EMS agency medical director," "emergency medical services
provider" or "EMS provider," "emergency medical services vehicle
operator" or "EMS vehicle operator," "emergency medical
technician" or "EMT," "medical command physician," "paramedic,"
"peer review," "prehospital emergency medical services
physician" or "prehospital EMS physician," "prehospital
physician extender" or "PHPE," "prehospital registered nurse" or
"PHRN," "regional emergency medical services council" or
"regional EMS council" and "review organization" in section 8103
of Title 35 are amended and the section is amended by adding
definitions to read:
§ 8103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Advanced emergency medical technician." An individual who
is certified by the [Department of Health] commissioner as an
advanced emergency medical technician.
* * *
"Ambulance attendant." An individual who is 16 years of age
or older and satisfies one of the following:
(1) Possesses a certificate evidencing successful
completion of an advanced first aid course sponsored by the
American Red Cross and a current certificate evidencing
successful completion of a cardiopulmonary resuscitation
course acceptable to the [Department of Health] commissioner.
(2) Possesses a current certificate evidencing
successful completion of a course determined by the
[Department of Health] commissioner to be equivalent to the
requirements in paragraph (1).
* * *
"Board." [The State Advisory Board, which is the Board of
Directors of the Pennsylvania Emergency Health Services
Council.] The State Emergency Medical Service Advisory Board or
EMS Advisory Board.
* * *
"Commissioner." The State Emergency Medical Services
Commissioner or EMS Commissioner.
"Commonwealth emergency medical services medical director" or
"Commonwealth EMS medical director." A physician who is
approved and employed by the [Department of Health] commissioner
to advise and formulate policy on matters pertaining to
emergency medical services.
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* * *
"Council." The Pennsylvania Emergency Health Services
Council.
["Department." The Department of Health of the
Commonwealth.]
* * *
"Emergency medical responder" or "EMR." An individual who is
certified by the [Department of Health] commissioner as an
emergency medical responder.
* * *
"Emergency medical services agency" or "EMS agency." An
entity that engages in the business or service of providing
emergency medical services to patients within this Commonwealth
by operating any of the following:
(1) An ambulance.
(2) An advanced life support squad vehicle.
(3) A basic life support squad vehicle.
(4) A quick response service.
(5) A special operations EMS service. This paragraph
includes, but is not limited to:
(i) a tactical EMS service;
(ii) a wilderness EMS service;
(iii) a mass-gathering EMS service; and
(iv) an urban search and rescue EMS service.
(6) A vehicle or service which provides emergency
medical services outside of a health care facility, as
prescribed by the [Department of Health] commissioner by
regulation.
"Emergency medical services agency medical director" or "EMS
agency medical director." A physician who is employed by,
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contracts with or volunteers with an emergency medical services
agency either directly or through an intermediary to:
(1) evaluate the quality of patient care provided by the
emergency medical services providers utilized by the
emergency medical services agency; and
(2) provide medical guidance and advice to the emergency
medical services agency.
"Emergency medical services provider" or "EMS provider." Any
of the following:
(1) An emergency medical responder.
(2) An emergency medical technician.
(3) An advanced emergency medical technician.
(4) A paramedic.
(5) A prehospital registered nurse.
(6) A prehospital physician extender.
(7) A prehospital emergency medical services physician.
(8) An individual prescribed by regulation of the
[Department of Health] commissioner to provide specialized
emergency medical services.
* * *
"Emergency medical services vehicle operator" or "EMS vehicle
operator." An individual certified by the [Department of
Health] commissioner to operate a ground emergency medical
services vehicle.
"Emergency medical technician" or "EMT." An individual who
is certified by the [Department of Health] commissioner as an
emergency medical technician.
* * *
"Medical command physician." A physician certified by the
[Department of Health] commissioner to give medical command
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orders to emergency medical services providers.
* * *
"Paramedic." An individual who is certified by the
[Department of Health] commissioner as a paramedic.
* * *
"Peer review." The evaluation by health care providers of
the quality and efficiency of services ordered or performed by
emergency medical services providers and physicians who direct
or supervise EMS providers under this chapter and the
regulations of the [Department of Health] commissioner.
* * *
"Prehospital emergency medical services physician" or
"prehospital EMS physician." A physician who is certified by
the [Department of Health] commissioner as a prehospital
emergency medical services physician.
"Prehospital physician extender" or "PHPE." A physician
assistant who is certified by the [Department of Health]
commissioner as a prehospital physician extender.
"Prehospital registered nurse" or "PHRN." A registered nurse
who is certified by the [Department of Health] commissioner as a
prehospital registered nurse.
* * *
"Regional emergency medical services council" or "regional
EMS council." A nonprofit incorporated entity or appropriate
equivalent that is assigned by the [Department of Health]
commissioner to:
(1) plan, develop, maintain, expand and improve
emergency medical services systems within a specific
geographic area of this Commonwealth; and
(2) coordinate those systems into a regional emergency
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medical services system.
* * *
"Review organization." A committee which engages in peer
review as authorized by the regulations of the [Department of
Health] commissioner.
* * *
Section 3. Sections 8104(a) introductory paragraph and (13)
and (b) and 8105 heading, (a), (b) introductory paragraph and
(4) and (c) of Title 35 are amended to read:
§ 8104. Emergency medical services system programs.
(a) Planning and coordination.--The [department]
commissioner shall plan, guide and coordinate programs on the
following matters to promote effective and efficient operation
of Statewide and regional EMS systems:
* * *
(13) The provision of periodic comprehensive review and
evaluation of the extent and quality of the EMS provided in
each regional EMS system and reports to the [department]
commissioner of each review or evaluation.
* * *
(b) Limitations.--This section is intended to identify EMS
objectives to be pursued and achieved by the [department]
commissioner in its role as lead agency for EMS. Nothing herein
shall be construed to confer regulatory powers upon the
[department] commissioner beyond those conferred elsewhere in
this chapter.
§ 8105. Duties of [department] commissioner.
(a) Duty.--It shall be the duty of the [department]
commissioner to assist in the development of local EMS systems;
plan, guide and coordinate the development of regional EMS
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systems into a unified Statewide system; and coordinate systems
in this Commonwealth with similar systems in neighboring states.
(b) Authority.--The [department] commissioner shall be the
lead agency for EMS in this Commonwealth. The [department]
commissioner is authorized to:
* * *
(4) Collect, as deemed necessary and appropriate, data
and information regarding patients who utilize emergency
departments without being admitted to the facility and
patients admitted through emergency departments, trauma
centers or directly to special care units, in a manner that
protects and maintains the confidential nature of patient
records. The data and information shall be reasonable in
detail and shall be collected pursuant to regulations issued
by the [department] commissioner. Data and information shall
be limited to that which may be used for specific planning,
research and quality improvement purposes and shall not be
duplicative of data and information already available to the
[department] commissioner.
* * *
(c) EMS protocols.--The [department] commissioner shall
establish criteria and protocols, including bypass protocols,
for evaluation, triage, treatment, transport, transfer and
referral of patients to ensure that they receive appropriate EMS
and are transported to the most appropriate facility. Regional
EMS councils shall not be eligible for contracts or grant funds
or State EMS Operating Fund disbursements unless they assist in
ensuring regional implementation of the criteria and protocols.
Protocols under this subsection are not subject to the
rulemaking process.
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Section 4. Title 35 is amended by adding a section to read:
§ 8105.1. State EMS Advisory Board.
(a) Establishment.--
(1) The State EMS Advisory Board is established to
assist the commissioner. The board shall consist of the
following members:
(i) The commissioner, who shall serve as
chairperson.
(ii) The President of the Ambulance Association of
Pennsylvania.
(iii) The President of the Fire and Emergency
Services Institute.
(iv) Three members each who are EMS practitioners
appointed by the Governor to represent the western,
central and eastern regions of the State who do not hold
an administrative role in an EMS agency. The members
appointed must represent a volunteer, municipal and
hospital-based EMS agency.
(v) Three members appointed by the Governor who are
currently serving or have served within the past five
years as a chief or administrative officer of an EMS
agency. The members appointed must represent a volunteer,
municipal and hospital-based EMS agency.
(vi) The members appointed under subparagraphs (iv)
and (v) may not be from the same agency or county.
(2) The chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
Senate and the chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
House of Representatives, or their designees, shall serve as
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nonvoting members of the board.
(3) The Governor shall appoint the following as
nonvoting members of the board:
(i) The County Commissioners Association of
Pennsylvania.
(ii) The Pennsylvania Municipal League.
(iii) The Pennsylvania State Association of Township
Commissioners.
(iv) The Pennsylvania State Association of Township
Supervisors.
(v) The Pennsylvania State Association of Boroughs.
(vi) The Pennsylvania State Association of Councils
of Government.
(vii) The director of the Governor's Center for
Local Government Services.
(4) The Pennsylvania Emergency Health Services Council
shall be a nonvoting member of the board.
(5) Members of the board shall serve at the pleasure of
their appointing authority.
(6) A voting member of the board may appoint a designee
who must be an employee of the same agency or organization as
the voting member to attend meetings.
(b) Duties.--The board shall advise and assist the
commissioner on all matters pertaining to the following:
(1) Legislation.
(2) In consultation with the council, on basic life
support protocols, rules, guidelines and regulations related
to the administration and operation of the Statewide EMS
plan.
(3) The development, establishment and maintenance of
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the comprehensive Statewide EMS plan.
(4) The development of regulations pursuant to the laws
of the Commonwealth related to EMS and the comprehensive
Statewide EMS plan.
(5) In consultation with the council, the establishment
of acceptable industry standards of EMS protocols. The board
shall also assist with the development of EMS equipment
lists, which shall be posted on the commissioner's publicly
accessible Internet website.
(6) The establishment, evaluation and updates related to
Emergency Medical Services Operating Fund priority listings.
(7) The development of standards for performance reviews
and quality assurance programs for the regional EMS councils.
(8) Advice and recommendations on training standards,
including education standards to be adhered to by any
recipient of Commonwealth funding for the provision of EMS
training and certification.
(9) Any programs administered by the commissioner
related to EMS, any other matter the commissioner may request
or as directed by the General Assembly.
(c) Open meetings.--Meetings of the board shall be held in
accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings) and
the board shall meet at least quarterly or at the times and
places as called by the commissioner. A majority of the members
appointed to the board shall constitute a quorum.
(d) Terms.--A member of the board shall serve continuously
until replaced or removed by the appointing authority or until
removed by the Governor for cause upon written notice to the
board. A member's nonparticipation in three consecutive board
meetings may be considered cause for removal.
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(e) Quorum.--Eleven members of the board shall constitute a
quorum for the transaction of business.
(f) Compensation.--Members of the board shall serve without
compensation but shall be reimbursed for their actual and
necessary travel and other expenses in connection with
attendance at meetings called by the chairperson.
Section 5. Sections 8106, 8107.3(a), 8107.4, 8108, 8109,
8111(a), (c), (d) and (e), 8112 and 8112.1 of Title 35 are
amended to read:
§ 8106. Emergency medical services patient care reports.
(a) Preparation.--An EMS agency shall ensure that its
responding EMS providers complete an EMS patient care report for
each response made in which it encounters a patient or a person
who has been identified as a patient to the EMS agency, unless
the [department] commissioner by regulation exempts certain
types of patient contact from the reporting requirement. The
[department] commissioner shall employ an electronic EMS patient
care reporting process that shall solicit standardized data and
patient information. The [department] commissioner may require
an EMS agency to complete a different standardized report or
different fields in a standardized report based upon the type of
resources the EMS agency uses in responding. The [department]
commissioner shall permit an EMS agency to file a paper report
for extraordinary reasons as determined by the [department]
commissioner on a case-by-case basis.
(b) Content.--The report shall contain information as
solicited on the form or other reporting process developed by
the [department] commissioner. The reporting process shall
solicit essential information in reasonable detail. The
[department] commissioner may also use the reporting process to
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collect data to enhance its ability to carry out its
responsibilities under sections 8104 (relating to emergency
medical services system programs) and 8105 (relating to duties
of [department] commissioner).
(c) Patient medical record.--If a patient is transported to
a hospital or from a hospital to another health care facility,
information about the patient and EMS performed on the patient
that is solicited through the reporting process shall be
provided by the EMS agency to the hospital or other health care
facility and become part of the patient's medical record.
(d) Reporting.--An EMS agency shall report to the
[department] commissioner or a regional EMS council, as
determined by [department] regulation, data that is solicited
through the reporting process.
(e) Confidentiality.--
(1) Patient information collected by an EMS agency shall
be confidential and shall not be released by the EMS agency
or a health care facility except as follows:
(i) To the patient who is the subject of the report
or to a person who is authorized to exercise the rights
of the patient with respect to securing the report.
(ii) Pursuant to an order of a court of competent
jurisdiction, including a subpoena when it constitutes a
court order, except that disclosure pursuant to a
subpoena shall not be permitted as to information in the
report that is of such nature that disclosure pursuant to
a subpoena is not otherwise authorized by law.
(iii) To a health care provider to whom a patient's
medical record may be released under the law.
(iv) For billing purposes.
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(v) For quality improvement activities.
(vi) To the [department] commissioner or a regional
EMS council for the purpose of investigating possible
violations of this chapter or related regulations.
(vii) To a government agency or its agent, as
authorized by the [department] commissioner, for the
purpose of the agency performing official government
duties.
(2) Notwithstanding the duty of confidentiality
applicable to [department] commissioner and regional EMS
councils concerning reports under paragraph (1), the report
may be released for specific research or EMS planning
purposes approved by the [department] commissioner, subject
to [department] commissioner approval and supervision to
ensure that use of the report is strictly limited to the
purposes of the research.
(f) Vendors.--A vendor may not sell or otherwise provide or
offer reporting forms or software marketed as appropriate for
use in making reports required under this section unless the
vendor submits the product to the [department] commissioner for
review and receives [department] commissioner approval.
Thereafter, the vendor shall submit any modification of the
product to the [department] commissioner for review and approval
if the vendor intends to offer the modified product for use in
the EMS patient care reporting process. If the [department]
commissioner makes changes to the EMS patient care report, it
shall publish a notice of the changes in the Pennsylvania
Bulletin. The effective date for the changes shall be no fewer
than 60 days following publication. After publication of
changes, a vendor may not market a product as one appropriate
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for use in making an EMS patient care report, any reporting
forms or software approved by the [department] commissioner
prior to publication of the changes, unless the vendor clearly
discloses that the forms or software were approved prior to
publication of the changes. The [department] commissioner may
assess a vendor a $5,000 civil penalty for each day a vendor
violates the provisions of this subsection.
§ 8107.3. Funding.
(a) Distribution.--[Beginning fiscal year 2008-2009 and each
year thereafter, the] The Department of Human Services shall
distribute annually, from available funds appropriated for this
purpose, a supplemental payment to each accredited Level I or
Level II trauma center or each Level III trauma center or
hospital seeking Level III accreditation as provided in section
8107.1(b) (relating to accreditation of trauma centers) for the
purpose of improving access to readily available and coordinated
trauma care for the citizens of this Commonwealth.
* * *
§ 8107.4. Notification of trauma center closure.
A hospital that receives funds under section 8107.3 (relating
to funding) shall notify the [department] commissioner, the
foundation and the Department of Human Services of its intent to
cease operation of its trauma center no later than 60 days prior
to closure of that trauma center.
§ 8108. State Advisory [Board] Council.
(a) Designation and composition.--The [board] council shall
be composed of volunteer, professional and paraprofessional
organizations involved in EMS. The [board] council shall be
geographically representative of the provider organizations that
represent EMS providers, firefighters, regional EMS councils,
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physicians, hospital administrators and other health care
providers concerned with EMS. The [board] council may be
composed of up to 30 organizations. Each organization that is a
member of the [Pennsylvania Emergency Health Services Council]
council and is elected to serve as a member on the [board]
council shall have one vote on the [board] council.
(b) Duties.--The duties of the [board] council shall be to:
(1) Elect officers.
(2) Advise the [department concerning manpower and
training, communications, EMS agencies, content of
regulations,] commissioner concerning EMS clinical and basic
life support protocol standards and policies promulgated by
the [department] commissioner under this chapter [and other
subjects deemed appropriate by the department].
(3) Serve as the forum for discussion on the content of
[the] Statewide EMS system [plan] clinical plans or changes,
or any proposed revisions thereto, and advise the
[department] commissioner as to the content of the plan.
(c) Open meetings.--Meetings of the [board] council shall be
held in accordance with 65 Pa.C.S. Ch. 7 (relating to open
meetings).
(d) Terms.--A voting member of the [board] council shall
serve a three-year term. A voting member shall not serve more
than two consecutive terms.
(e) Quorum.--A simple majority of the voting members of the
[board] council shall constitute a quorum for the transaction of
business.
(f) Compensation.--Members of the [board] council shall
serve without compensation, except the [Pennsylvania Emergency
Health Services Council] council, through its contract or grant
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with the [department] commissioner, may pay necessary and
reasonable expenses incurred by members of the [board] council
while performing their official duties.
(g) Contracts and grants.--The [department] commissioner
shall contract with or provide a grant to the [board] council
for performance of its work under subsection (b). Contracts and
grants between the [department and the board] commissioner and
the council for the performance of work other than under
subsection (b) shall be subject to section 8112 (relating to
contracts and grants) where applicable.
§ 8109. Regional emergency medical services councils.
(a) Purpose.--Regional EMS councils shall assist the
[department] commissioner in carrying out the provisions of this
chapter. Each regional EMS council shall adhere to policy
direction from the [department] commissioner.
(b) Organization.--For purposes of this chapter, the
organizational structure of a regional EMS council shall be
representative of the public, health professions and major
private and public voluntary agencies, organizations and
institutions concerned with providing EMS in the region and
shall be one of the following:
(1) A unit of general local government, with an advisory
council, meeting requirements for representation.
(2) A representative public entity administering a
compact or other areawide arrangement or consortium.
(3) Any other public or private nonprofit entity that
meets requirements for representation as determined by the
[department] commissioner.
(c) Duties.--Each regional EMS council shall, if directed by
the [department] commissioner:
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(1) Assist the [department] commissioner in achieving
the Statewide and regional EMS system components and goals
described under section 8104 (relating to emergency medical
services system programs).
(2) Assist the [department] commissioner in the
collection and maintenance of standardized data and
information as provided in section 8106 (relating to
emergency medical services patient care reports).
(3) Prepare, annually review and revise, as needed, a
regional EMS system plan for the EMS region the [department]
commissioner has designated and for which the [department]
commissioner has contracted or provided a grant to it to
serve.
(4) Carry out, to the extent feasible, the Statewide and
regional EMS system plans.
(5) Assure the reasonable availability of training and
continuing education programs for EMS providers.
(6) Provide necessary and reasonable staff services and
appropriate and convenient office facilities that can serve
as the EMS region's location for the planning, maintenance
and coordinative and evaluative functions of the council.
(7) Establish a mechanism to provide for input from
facilities and EMS agencies in the EMS region in decisions
that include, but are not limited to, membership on its
governing body.
(8) Establish, subject to [department] commissioner
approval, regional EMS triage, treatment and transportation
protocols consistent with Statewide protocols adopted by the
[department] commissioner. A regional EMS council may also
establish, subject to [department] commissioner approval,
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additional triage, treatment and transportation protocols. No
regional protocol shall be subject to the rulemaking process.
(9) Advise public safety answering points and municipal
and county governments as to the EMS resources available for
dispatching and recommend dispatch criteria that may be
developed by the [department] commissioner or the council as
approved by the [department] commissioner.
(10) Assist the [department] commissioner in achieving a
unified Statewide EMS system.
(11) Designate a regional EMS medical director and
establish a medical advisory committee and a quality
improvement committee.
(12) Develop a conflict of interest policy, subject to
[department] commissioner approval, and require its board or
advisory council members, officials and employees to agree to
the policy in writing.
(13) Perform other duties assigned by the [department]
commissioner to assist the [department] commissioner in
carrying out the requirements of this chapter.
(d) Regional EMS medical directors.--The [department]
commissioner shall consult with the regional EMS medical
directors in developing and adopting EMS protocols and may
consult with them on any matter involved in the [department's]
commissioner's administration of this chapter.
§ 8111. Comprehensive plan.
(a) Preparation.--
(1) The [department] commissioner, with the assistance
of the board, shall prepare a Statewide EMS system plan,
which plan shall include both short-range and long-range
goals and objectives, and shall make the plan available to
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the General Assembly and all concerned agencies, entities and
individuals.
(2) A regional EMS system plan, upon approval of the
[department] commissioner, shall:
(i) Become part of the Statewide EMS system plan.
(ii) Include for the EMS region the same types of
information that subsection (b) requires for the
Statewide plan.
* * *
(c) Revisions.--
(1) The [department] commissioner shall collect and
analyze EMS data for the purpose of:
(i) Revising the Statewide EMS system plan,
including determining the status of the Statewide EMS
system, the degree of compliance with the requirements of
this chapter and the effectiveness of EMS systems in
reducing morbidity and mortality associated with medical
emergencies.
(ii) Planning future EMS system initiatives.
(2) Persons regulated by the [department] commissio ner
under this chapter and dispatchers of EMS agencies shall
provide data, without charge, as reasonably requested by the
[department] commissioner and regional EMS councils, to aid
them in developing and revising Statewide and regional EMS
system plans and in conducting investigations under this
chapter as authorized by the [department] commissioner.
(d) Annual reports.--The [department] commissioner shall
annually publish comprehensive and specific reports of activity
and plan implementation.
(e) Use of Statewide plan.--
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(1) The [department] commissioner shall use the
Statewide plan for contract and grant purposes as set forth
in section 8112(a) (relating to contracts and grants).
(2) Nothing in the Statewide plan shall be construed to
vest the [department] commissioner with any regulatory
authority.
§ 8112. Contracts and grants.
(a) General power.--The [department] commissioner may enter
into contracts or grants with entities to serve as regional EMS
councils responsible for the initiation, expansion, maintenance
and improvement of regional EMS systems that are in accordance
with the Statewide EMS system plan.
(b) Limitation.--An entity with which the [department]
commissioner enters into a contract or grant under this section
to serve as a regional EMS council shall carry out the duties
assigned by the [department] commissioner under section 8109(c)
(relating to regional emergency medical services councils).
(c) Purposes.--In contracting with or giving a grant to
regional EMS councils, the [department] commissioner may
allocate Emergency Medical Services Operating Fund moneys
appropriated to the [department] commissioner only for the
following purposes:
(1) Providing programs of public education, information,
health promotion and prevention regarding EMS.
(2) Purchasing ambulances, other EMS vehicles, medical
equipment and rescue equipment.
(3) Applying to costs associated with conducting
training and testing programs for EMS providers.
(4) Applying to costs associated with inspections and
investigations conducted to assist the [department]
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commissioner to carry out its regulatory authority under this
chapter.
(5) Purchasing communications equipment and services,
including alerting equipment, provided that the purchases are
in accordance with the Statewide EMS system plan.
(6) Assisting with the merger of EMS agencies or
assisting an EMS agency to acquire another EMS agency, when
the [department] commissioner determines circumstances exist
such that the transaction and financial assistance are needed
to serve the public interest.
(7) Applying to costs associated with the maintenance
and operation of regional EMS councils. Those costs may
include, but shall not be limited to, salaries, wages and
benefits of staff, travel, equipment and supplies, leasing of
office space and other costs incidental to the conduct of
business which are deemed by the [department] commissioner to
be necessary and appropriate for carrying out the purposes of
this chapter.
(8) Applying to costs associated with collection and
analysis of data necessary to evaluate the effectiveness of
EMS systems in providing EMS and to administer quality
improvement programs.
(9) Applying to costs associated with assisting EMS
agencies to recruit and retain EMS providers.
(d) Restriction.--In contracting with or providing grants to
regional EMS councils, the [department] commissioner may not
allocate Emergency Medical Services Operating Fund moneys
appropriated to the [department] commissioner for the following
purposes:
(1) Acquisition, construction or rehabilitation of
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facilities or buildings, except renovation as may be
necessary for the implementation or modification of EMS
communication systems.
(2) Purchasing hospital equipment, other than
communications equipment for medical command and receiving
facilities, unless the equipment is used or intended to be
used in an equipment exchange program with EMS agencies.
(3) Maintenance of ambulances, other EMS vehicles and
equipment.
(4) Applying to costs deemed by the [department]
commissioner as inappropriate for carrying out the purposes
of this chapter.
(5) Applying to costs which are normally borne by
patients, except for extraordinary costs as determined by the
[department] commissioner.
(e) Reports.--The recipient of a contract or grant under
this chapter shall make reports to the [department] commissioner
as may be required by the [department] commissioner.
(f) Contract and grant prerequisites.--The [department]
commissioner shall not contract with or provide a grant to an
entity for that entity to serve as a regional EMS council
unless:
(1) The entity has submitted a contract or grant
application to the [department] commissioner in a form and
format prescribed by the [department] commissioner that is
consistent with the Statewide and regional EMS system plans.
(2) The application addresses planning, maintenance and
improvement of the regional EMS system.
(3) The entity demonstrates to the [department's]
commissioner's satisfaction the qualifications and commitment
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to plan, maintain and improve a regional EMS system and that
the entity has the required organizational structure and
provisions for representation of appropriate entities.
(g) Technical assistance.--The [department] commissioner
shall provide technical assistance, as appropriate, to regional
EMS councils and to such other eligible entities as necessary
for the purpose of their carrying out the provisions of
contracts and grants under this section, with special
consideration for contractors and grantees representing rural
areas.
(h) Payments.--Payments pursuant to a contract or grant
under this section may be made in advance or by way of
reimbursement and in installments and on conditions as the
[department] commissioner determines will most effectively carry
out the provisions of this chapter.
(i) Other funds considered.--
(1) In determining the amount of a contract or grant
under this section, the amount of funds available to the
contractor or grantee from non-State contributions and
Federal grant or contract programs pertaining to EMS shall be
taken into consideration.
(2) For purposes of this subsection, "non-State
contributions" include the outlay of cash and in-kind
services to the contractor or grantee or toward the operation
of a regional EMS system by private, public or government
third parties, including the Federal Government.
(j) Other contracts and grants.--The [department]
commissioner may enter into contracts and grants with
organizations other than regional EMS councils in order to
assist the [department] commissioner in complying with the
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provisions of this [section and] chapter.
(k) Public disclosure.--
(1) Subject to the provisions of paragraph (2),
finalized contracts and grants shall be deemed public records
subject to disclosure.
(2) The [department] commissioner may not disclose
information in contracts or grants that could be used by
persons to undermine measures to combat, respond to or
recover from terrorist attacks.
(l) Sole source contract or grant.--Upon expiration of a
contract or grant with an entity to carry out the duties of a
regional EMS council as set forth in subsection (c), the
[department] commissioner, without undertaking a competitive
bidding process, may enter into a new contract or grant with the
same entity for that entity to continue to serve as a regional
EMS council and perform the duties set forth in subsection (c),
as determined by the [department] commissioner, if that entity,
in carrying out the prior contract or grant, demonstrated its
ability and commitment to the [department's] commissioner's
satisfaction to plan, maintain and improve the regional EMS
system consistent with the terms of the prior contract or grant.
§ 8112.1. Scholarships for recruitment, training and retention.
(a) Utilization.--Except as provided under subsection (d),
money transferred under 3 Pa.C.S. § 1113(a)(4) (relating to
disposition of certain funds) shall be utilized by the
[department's Bureau of Emergency Medical Services] commissioner
to:
(1) Issue scholarships to EMS providers who complete EMS
training provided by an approved entity under section 8105(b)
(6) (relating to duties of [department] commissioner).
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(2) Reimburse EMS agencies for recruitment and retention
costs, which are to be determined by the [department's Bureau
of Emergency Medical Services] commissioner.
(3) Make available a pilot program for high school
students with instruction through partnerships between
institutions of higher education in this Commonwealth and
school entities or nonpublic schools, or both, to increase
the number of individuals capable of becoming EMS providers.
The pilot program shall be conducted in accordance with
section 7 of the act of October 24, 2012 (P.L.1209, No.151),
known as the Child Labor Act. The following shall apply:
(i) The [Bureau of Emergency Medical Services of the
Department of Health] commissioner shall accept proposals
from institutions of higher education in this
Commonwealth for the pilot program. From the proposals
submitted, the [Bureau of Emergency Medical Services of
the Department of Health] commissioner shall select three
institutions of higher education to offer a pilot
program. The [Bureau of Emergency Medical Services of the
Department of Health] commissioner, to the greatest
extent practicable, shall select one institution of
higher education from each eastern, central and western
region of this Commonwealth. Nothing in this paragraph
shall be construed to prohibit an institution of higher
education from incorporating fire instruction into the
pilot program.
(ii) An institution of higher education selected by
the [Bureau of Emergency Medical Services of the
Department of Health] commissioner under subparagraph (i)
shall operate the pilot program by entering into an
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agreement with a school entity or nonpublic school, or
both, for the provision of instruction to students who
are in at least the ninth grade.
(iii) The EMS Training Fund is established in the
State Treasury. The [Bureau of Emergency Medical Services
of the Department of Health] commissioner may accept
monetary donations and other money for deposit into the
EMS Training Fund from a person, business, foundation,
tax-exempt organization under section 501(c)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 501(c)(3)) or government entity on behalf of the
Commonwealth.
(iv) The [Bureau of Emergency Medical Services of
the Department of Health] commissioner shall disburse no
less than $50,000 from the EMS Training Fund to each
institution of higher education operating the pilot
program for each year of the pilot program. After the
fourth year of operation of the pilot program, the
[Bureau of Emergency Medical Services of the Department
of Health] commissioner may not disburse money from the
EMS Training Fund.
(v) The State Treasurer shall transfer any money
appropriated, transferred or donated for the pilot
program into the EMS Training Fund, and interest earned
on the money in the EMS Training Fund shall remain in the
EMS Training Fund.
(b) Application.--An individual shall submit an application
for a scholarship to the [department] commissioner on a form
approved by the [department] commissioner.
(c) Form.--The scholarships shall be in the form of:
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(1) Reimbursement to EMS providers who obtain
certification upon successful completion of EMS training by
an approved provider.
(2) Reimbursement to an EMS agency for recruitment and
retention costs, which are to be determined by the
[department's Bureau of Emergency Medical Services]
commissioner.
(d) Administrative costs.--No more than $50,000 of the money
transferred under 3 Pa.C.S. § 1113(a)(4) may be used by the
[Bureau of Emergency Medical Services] commissioner for
administrative costs.
(e) Annual reports.--
(1) The [Bureau of Emergency Medical Services of the
Department of Health] commissioner shall prepare an annual
report on the scholarships under subsection (a)(1) and the
pilot program under subsection (a)(3). The report shall
include all of the following information:
(i) The total number of scholarship applications
received.
(ii) The total number of scholarship applications
approved and the amounts funded for each recipient.
(iii) An analysis of the classes taken and the
levels of education obtained through the scholarships.
(iv) The number of applications received for the
pilot program.
(v) The applications approved for the pilot program.
(vi) The number of high school students served by
the pilot program.
(2) The [Bureau of Emergency Medical Services of the
Department of Health] commissioner shall submit the annual
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report under paragraph (1) no later than October 1, 2023, and
by October 1 of each year thereafter, to all of the
following:
(i) The chair and minority chair of the Veterans
Affairs and Emergency Preparedness Committee of the
Senate.
(ii) The chair and minority chair of the Veterans
Affairs and Emergency Preparedness Committee of the House
of Representatives.
(3) The Secretary of Health shall post the annual report
under paragraph (1) on the [department's] commissioner's
publicly accessible Internet website.
Section 6. Except as otherwise provided in this act, all
activities initiated by the Department of Health shall continue
and remain in full force and effect and may be completed by the
State Emergency Medical Services Commissioner. Orders,
regulations, rules and decisions which were made by the
Department of Health and which are in effect on the effective
date of this section shall remain in full force and effect until
revoked, vacated or modified by the State Emergency Medical
Services Commissioner. Contracts, obligations and collective
bargaining agreements entered into by the Department of Health
are not affected nor impaired by this act.
Section 7. This act shall take effect in 60 days.
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