Loans to Volunteer Fire, Rescue and Ambulance Services - PEHSC

PA EMS LAW RESOURCE MANUAL [pic] [pic] [pic]
June 18, 2001 Updated: April 22, 2008
The following document is a compilation of Pennsylvania laws relating to
Emergency Medical Services. The purpose of this document is to serve as a
resource tool for the for Pennsylvania's EMS community. The Pennsylvania Emergency Health Services Council through contract with
the Department of Health will continually update this manual. The Pennsylvania Emergency Health Services Council extends its gratitude to
the law firm of Page, Wolfberg and Wirth LLC for their partnership efforts
in creating this document. The following laws are subject to amendment and therefore are not intended
to serve as legal advice. In some cases, the law has been edited as to
only include the sections relevant to emergency medical service issues. For further information, please contact your regional EMS council, the
Bureau of EMS or PEHSC.
PA Department of Health PEHSC
Bureau of EMS 600 Wilson Lane Suite 101
P.O. Box 90 Mechanicsburg, PA 17055
Harrisburg, PA 17108 (800) 243-2EMS in PA
(717) 787-8740 (717) 795-0740
www.health.state.pa.us www.pehsc.org Table of Contents Emergency Medical Services Act 3
Confidentiality of HIV Related Information 32
Minors Consent to Medical & Dental Services 47
Medical Good Samaritan Act 48
Advance Healthcare Directives 51
Public Lands Fire Protection 87
Volunteer Fireman Job Protection 88
Workers Compensation 90
Aggravated Assault 102
Background Checks 105
Child Labor Law 110
Counterterrorism Planning & Preparedness 112
Motor Vehicle Code: Emergency Vehicles 120
Flashing or Revolving Lights: Emergency Vehicles 132
Hazardous Materials Planning & Response 139
Older Adults Protection 166
Public Safety Emergency Telephone Act 178
Radiation Protection Act 200
Child Abuse 213
Sexual Assault Victim Emergency Services 218
The Administrative Code 224
Public School Code 230
Registration & Titles for Boats 233
Liquid Fuels Tax 235
Loans to Volunteer Fire, Rescue and Ambulance Services 240
Pennsylvania Turnpike 246
Tax Reform Code 248
Volunteer Fire and Ambulance Service Grants 255
Solicitation of Fund for Charitable Purposes 264
Bingo 278
Small Games of Chance 286
Life Insurance 296
Pennsylvania Flag Display 297
Emergency Responder Plaza Designation 298
Pennsylvania Trauma Systems Act 299
Local Services Tax 303
First Class Township Code 313
General Appropriation Act 315
Emergency & Law Enforcement Death Benefits 316
Healthcare Quality & Accountability 321
Municipal Responsibility For Emergency Services 327 Emergency Medical Services Act § 6921. Short title This act shall be known and may be cited as the Emergency Medical
Services Act. § 6922. Legislative findings and intent (A) FINDINGS.-- The General Assembly finds it to be in the public
interest to assure readily available and coordinated emergency medical
services of the highest quality to the people of Pennsylvania. The purposes
of emergency medical services are to prevent premature death and reduce
suffering and disability that arise from critical illness and injury. (B) INTENT.--

(1) It is the intention of the General Assembly and the purpose of this
act to establish and maintain an effective and efficient emergency
medical services system which is accessible on a uniform basis to all
Pennsylvania residents and to visitors to this Commonwealth.

(2) The General Assembly further intends that residents and visitors to
this Commonwealth should have prompt and unimpeded access to basic and
advanced life support emergency medical care throughout this
Commonwealth.

(3) It is the intent of the General Assembly that the Secretary of
Health, in developing a stratified system of trauma care, shall,
whenever feasible, involve local citizens in the decision making
process. § 6923. Definitions The following words and phrases when used in this act shall have the
meanings given to them in this section unless the context clearly indicates
otherwise:

"ADVANCED LIFE SUPPORT." The advanced prehospital and inter-hospital
emergency medical care of serious illness or injury by appropriately
trained health professionals and by certified EMT-paramedics.

"ADVANCED LIFE SUPPORT SERVICE MEDICAL DIRECTOR." A medical command
physician or a physician meeting equivalent qualifications, as established
by the Department of Health by regulation, who is employed by, contracts
with or volunteers with, either directly or through an intermediary, an
advanced life support service to provide medical guidance and advice to the
ambulance service and to evaluate the quality of patient care provided by
the emergency medical services personnel utilized by the ambulance service.
"AMBULANCE." Any vehicle which is specifically designed, constructed or
modified and equipped, and is used or intended to be used, and is
maintained or operated, for the purpose of providing emergency medical care
to, and transportation of, patients. The term includes advanced or basic
life support vehicles that may or may not transport patients.

"AMBULANCE ATTENDANT." An individual who holds a valid certificate
evidencing the successful completion of a course in advanced first aid
sponsored by the American Red Cross and a valid certificate evidencing the
successful completion of a course in cardiopulmonary resuscitation
sponsored by the American Heart Association or the American Red Cross, or
an individual who can evidence the successful completion of an equivalent
training program approved by the department.

"AMBULANCE SERVICE." An entity which regularly engages in the business
or service of providing emergency medical care and transportation of
patients within this Commonwealth. The term includes mobile advanced life
support services that may or may not transport patients.

"BASIC LIFE SUPPORT SERVICES." The prehospital or interhospital
emergency medical care and management of illness or injury performed by
specially trained and certified or licensed personnel.

"COMMONWEALTH EMERGENCY MEDICAL DIRECTOR." A medical command physician
or a physician meeting equivalent qualifications, as established by the
Department of Health by regulation and approved by the Department of Health
to advise, formulate and direct policy on matters pertaining to emergency
medical services.

"COUNCIL." The State Advisory Council, which shall be known as the Board
of Directors of the Pennsylvania Emergency Health Services Council.

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

"EMERGENCY." A combination of circumstances resulting in a need for
immediate medical intervention.

"EMERGENCY MEDICAL SERVICES." The services utilized in responding to the
needs of an individual for immediate medical care in order to prevent loss
of life or aggravation of physiological or psychological illness or injury.
"EMERGENCY MEDICAL SERVICES COUNCIL." A nonprofit incorporated entity or
appropriate equivalent whose function is to plan, develop, maintain, expand
and improve emergency medical services systems within a specific
geographical area of this Commonwealth and which is deemed by the
department as being representative of the health professions and major
private and public and voluntary agencies, organizations and institutions
concerned with providing emergency medical services.

"EMERGENCY MEDICAL SERVICES SYSTEM." The arrangement of personnel,
facilities and equipment for the effective and coordinated delivery of
emergency medical services required in prevention and management of
incidents which occur either as a result of a medical emergency or of an
accident, natural disaster or similar situation.

"EMERGENCY MEDICAL SERVICES TRAINING MANUAL." A manual adopted by the
Department of Health to aid advanced life support service medical directors
in determining whether EMT-paramedics and prehospital registered nurses
have demonstrated competency in the knowledge and skills necessary to be
granted or maintain medical command authorization.

"EMERGENCY MEDICAL TECHNICIAN." An individual who is trained to provide
emergency medical services and is certified as such by the department in
accordance with the current national standard curriculum for basic
emergency medical technicians as set forth in the rules and regulations
promulgated by the department.

"EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC (REFERRED TO AS EMT-PARAMEDIC)."
An emergency medical technician specifically trained to provide advanced
life support services who is certified as such by the department in
accordance with the current national standard curriculum for emergency
medical technician-paramedics as set forth in the rules and regulations
promulgated by the department.

"FACILITY." A hospital.

"FIRST RESPONDER." An individual who is certified by the Department of
Health as a first responder.

"FOUNDATION." The Pennsylvania Trauma System Foundation.

"HEALTH PROFESSIONAL." A licensed physician who has education and
continuing education in advanced life support and prehospital care or a
prehospital registered nurse.

"HOSPITAL." An institution having an organized medical staff which is
primarily engaged in providing to inpatients, by or under the supervision
of physicians, diagnostic and therapeutic services or rehabilitation
services for the care or rehabilitation of injured, disabled, pregnant,
diseased, sick or mentally ill persons. The term includes facilities for
the diagnosis and treatment of disorders within the