HB 1491 — 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.

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
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, in emergency medical services system,
 3      further providing for declaration of policy, for definitions,
 4      for emergency medical services system programs and for duties
 5      of department; establishing the State EMS Advisory Board; and
 6      further providing for emergency medical services patient care
 7      reports, for funding, for notification of trauma center
 8      closure, for State Advisory Board, for regional emergency
 9      medical services councils, for comprehensive plan, for
10      contracts and grants and for scholarships for recruitment,
11      training and retention.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.      Section 8102(10) of Title 35 of the Pennsylvania
15   Consolidated Statutes is amended to read:
16   § 8102.    Declaration of policy.
17      The General Assembly finds and declares as follows:
18             * * *
19             (10)    The [Department of Health should] commissioner
20      shall continually assess and, as needed, revise the functions
21      of emergency medical services agencies and providers and
22      other components of the emergency medical services system
 1      that it regulates under this chapter to:
 2                 (i)    improve the quality of emergency medical
 3             services provided in this Commonwealth;
 4                 (ii)    have the emergency medical services system
 5             adapt to changing needs of the residents of this
 6             Commonwealth; and
 7                 (iii)    promote the recruitment and retention of
 8             persons willing and qualified to serve as emergency
 9             medical services providers in this Commonwealth.
10             * * *
11      Section 2.       The definitions of "advanced emergency medical
12   technician," "ambulance attendant," "board," "Commonwealth
13   emergency medical services medical director" or "Commonwealth
14   EMS medical director," "department," "emergency medical
15   responder" or "EMR," "emergency medical services agency" or "EMS
16   agency," "emergency medical services agency medical director" or
17   "EMS agency medical director," "emergency medical services
18   provider" or "EMS provider," "emergency medical services vehicle
19   operator" or "EMS vehicle operator," "emergency medical
20   technician" or "EMT," "medical command physician," "paramedic,"
21   "peer review," "prehospital emergency medical services
22   physician" or "prehospital EMS physician," "prehospital
23   physician extender" or "PHPE," "prehospital registered nurse" or
24   "PHRN," "regional emergency medical services council" or
25   "regional EMS council" and "review organization" in section 8103
26   of Title 35 are amended and the section is amended by adding
27   definitions to read:
28   § 8103.    Definitions.
29      The following words and phrases when used in this chapter
30   shall have the meanings given to them in this section unless the

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 1   context clearly indicates otherwise:
 2      * * *
 3      "Advanced emergency medical technician."    An individual who
 4   is certified by the [Department of Health] commissioner as an
 5   advanced emergency medical technician.
 6      * * *
 7      "Ambulance attendant."     An individual who is 16 years of age
 8   or older and satisfies one of the following:
 9          (1)    Possesses a certificate evidencing successful
10      completion of an advanced first aid course sponsored by the
11      American Red Cross and a current certificate evidencing
12      successful completion of a cardiopulmonary resuscitation
13      course acceptable to the [Department of Health] commissioner.
14          (2)    Possesses a current certificate evidencing
15      successful completion of a course determined by the
16      [Department of Health] commissioner to be equivalent to the
17      requirements in paragraph (1).
18      * * *
19      "Board."   [The State Advisory Board, which is the Board of
20   Directors of the Pennsylvania Emergency Health Services
21   Council.] The State Emergency Medical Service Advisory Board or
22   EMS Advisory Board.
23      * * *
24      "Commissioner."    The State Emergency Medical Services
25   Commissioner or EMS Commissioner.
26      "Commonwealth emergency medical services medical director" or
27   "Commonwealth EMS medical director."    A physician who is
28   approved and employed by the [Department of Health] commissioner
29   to advise and formulate policy on matters pertaining to
30   emergency medical services.

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 1      * * *
 2      "Council."      The Pennsylvania Emergency Health Services
 3   Council.
 4      ["Department."      The Department of Health of the
 5   Commonwealth.]
 6      * * *
 7      "Emergency medical responder" or "EMR."       An individual who is
 8   certified by the [Department of Health] commissioner as an
 9   emergency medical responder.
10      * * *
11      "Emergency medical services agency" or "EMS agency."        An
12   entity that engages in the business or service of providing
13   emergency medical services to patients within this Commonwealth
14   by operating any of the following:
15          (1)   An ambulance.
16          (2)   An advanced life support squad vehicle.
17          (3)   A basic life support squad vehicle.
18          (4)   A quick response service.
19          (5)   A special operations EMS service. This paragraph
20      includes, but is not limited to:
21                (i)    a tactical EMS service;
22                (ii)    a wilderness EMS service;
23                (iii)    a mass-gathering EMS service; and
24                (iv)    an urban search and rescue EMS service.
25          (6)   A vehicle or service which provides emergency
26      medical services outside of a health care facility, as
27      prescribed by the [Department of Health] commissioner by
28      regulation.
29      "Emergency medical services agency medical director" or "EMS
30   agency medical director."     A physician who is employed by,

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 1   contracts with or volunteers with an emergency medical services
 2   agency either directly or through an intermediary to:
 3          (1)   evaluate the quality of patient care provided by the
 4      emergency medical services providers utilized by the
 5      emergency medical services agency; and
 6          (2)   provide medical guidance and advice to the emergency
 7      medical services agency.
 8      "Emergency medical services provider" or "EMS provider."     Any
 9   of the following:
10          (1)   An emergency medical responder.
11          (2)   An emergency medical technician.
12          (3)   An advanced emergency medical technician.
13          (4)   A paramedic.
14          (5)   A prehospital registered nurse.
15          (6)   A prehospital physician extender.
16          (7)   A prehospital emergency medical services physician.
17          (8)   An individual prescribed by regulation of the
18      [Department of Health] commissioner to provide specialized
19      emergency medical services.
20      * * *
21      "Emergency medical services vehicle operator" or "EMS vehicle
22   operator."   An individual certified by the [Department of
23   Health] commissioner to operate a ground emergency medical
24   services vehicle.
25      "Emergency medical technician" or "EMT."     An individual who
26   is certified by the [Department of Health] commissioner as an
27   emergency medical technician.
28      * * *
29      "Medical command physician."     A physician certified by the
30   [Department of Health] commissioner to give medical command

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 1   orders to emergency medical services providers.
 2      * * *
 3      "Paramedic."    An individual who is certified by the
 4   [Department of Health] commissioner as a paramedic.
 5      * * *
 6      "Peer review."   The evaluation by health care providers of
 7   the quality and efficiency of services ordered or performed by
 8   emergency medical services providers and physicians who direct
 9   or supervise EMS providers under this chapter and the
10   regulations of the [Department of Health] commissioner.
11      * * *
12      "Prehospital emergency medical services physician" or
13   "prehospital EMS physician."    A physician who is certified by
14   the [Department of Health] commissioner as a prehospital
15   emergency medical services physician.
16      "Prehospital physician extender" or "PHPE."    A physician
17   assistant who is certified by the [Department of Health]
18   commissioner as a prehospital physician extender.
19      "Prehospital registered nurse" or "PHRN."    A registered nurse
20   who is certified by the [Department of Health] commissioner as a
21   prehospital registered nurse.
22      * * *
23      "Regional emergency medical services council" or "regional
24   EMS council."   A nonprofit incorporated entity or appropriate
25   equivalent that is assigned by the [Department of Health]
26   commissioner to:
27          (1)   plan, develop, maintain, expand and improve
28      emergency medical services systems within a specific
29      geographic area of this Commonwealth; and
30          (2)   coordinate those systems into a regional emergency

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 1      medical services system.
 2      * * *
 3      "Review organization."      A committee which engages in peer
 4   review as authorized by the regulations of the [Department of
 5   Health] commissioner.
 6      * * *
 7      Section 3.      Sections 8104(a) introductory paragraph and (13)
 8   and (b) and 8105 heading, (a), (b) introductory paragraph and
 9   (4) and (c) of Title 35 are amended to read:
10   § 8104.    Emergency medical services system programs.
11      (a)    Planning and coordination.--The [department]
12   commissioner shall plan, guide and coordinate programs on the
13   following matters to promote effective and efficient operation
14   of Statewide and regional EMS systems:
15             * * *
16             (13)    The provision of periodic comprehensive review and
17      evaluation of the extent and quality of the EMS provided in
18      each regional EMS system and reports to the [department]
19      commissioner of each review or evaluation.
20             * * *
21      (b)    Limitations.--This section is intended to identify EMS
22   objectives to be pursued and achieved by the [department]
23   commissioner in its role as lead agency for EMS. Nothing herein
24   shall be construed to confer regulatory powers upon the
25   [department] commissioner beyond those conferred elsewhere in
26   this chapter.
27   § 8105.    Duties of [department] commissioner.
28      (a)    Duty.--It shall be the duty of the [department]
29   commissioner to assist in the development of local EMS systems;
30   plan, guide and coordinate the development of regional EMS

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 1   systems into a unified Statewide system; and coordinate systems
 2   in this Commonwealth with similar systems in neighboring states.
 3      (b)   Authority.--The [department] commissioner shall be the
 4   lead agency for EMS in this Commonwealth. The [department]
 5   commissioner is authorized to:
 6            * * *
 7            (4)   Collect, as deemed necessary and appropriate, data
 8      and information regarding patients who utilize emergency
 9      departments without being admitted to the facility and
10      patients admitted through emergency departments, trauma
11      centers or directly to special care units, in a manner that
12      protects and maintains the confidential nature of patient
13      records. The data and information shall be reasonable in
14      detail and shall be collected pursuant to regulations issued
15      by the [department] commissioner. Data and information shall
16      be limited to that which may be used for specific planning,
17      research and quality improvement purposes and shall not be
18      duplicative of data and information already available to the
19      [department] commissioner.
20            * * *
21      (c)   EMS protocols.--The [department] commissioner shall
22   establish criteria and protocols, including bypass protocols,
23   for evaluation, triage, treatment, transport, transfer and
24   referral of patients to ensure that they receive appropriate EMS
25   and are transported to the most appropriate facility. Regional
26   EMS councils shall not be eligible for contracts or grant funds
27   or State EMS Operating Fund disbursements unless they assist in
28   ensuring regional implementation of the criteria and protocols.
29   Protocols under this subsection are not subject to the
30   rulemaking process.

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 1      Section 4.        Title 35 is amended by adding a section to read:
 2   § 8105.1.      State EMS Advisory Board.
 3      (a)   Establishment.--
 4            (1)    The State EMS Advisory Board is established to
 5      assist the commissioner. The board shall consist of the
 6      following members:
 7                  (i)    The commissioner, who shall serve as
 8            chairperson.
 9                  (ii)    The President of the Ambulance Association of
10            Pennsylvania.
11                  (iii)    The President of the Fire and Emergency
12            Services Institute.
13                  (iv)    Three members each who are EMS practitioners
14            appointed by the Governor to represent the western,
15            central and eastern regions of the State who do not hold
16            an administrative role in an EMS agency. The members
17            appointed must represent a volunteer, municipal and
18            hospital-based EMS agency.
19                  (v)    Three members appointed by the Governor who are
20            currently serving or have served within the past five
21            years as a chief or administrative officer of an EMS
22            agency. The members appointed must represent a volunteer,
23            municipal and hospital-based EMS agency.
24                  (vi)    The members appointed under subparagraphs (iv)
25            and (v) may not be from the same agency or county.
26            (2)    The chairperson and minority chairperson of the
27      Veterans Affairs and Emergency Preparedness Committee of the
28      Senate and the chairperson and minority chairperson of the
29      Veterans Affairs and Emergency Preparedness Committee of the
30      House of Representatives, or their designees, shall serve as

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 1      nonvoting members of the board.
 2            (3)   The Governor shall appoint the following as
 3      nonvoting members of the board:
 4                  (i)    The County Commissioners Association of
 5            Pennsylvania.
 6                  (ii)    The Pennsylvania Municipal League.
 7                  (iii)    The Pennsylvania State Association of Township
 8            Commissioners.
 9                  (iv)    The Pennsylvania State Association of Township
10            Supervisors.
11                  (v)    The Pennsylvania State Association of Boroughs.
12                  (vi)    The Pennsylvania State Association of Councils
13            of Government.
14                  (vii)    The director of the Governor's Center for
15            Local Government Services.
16            (4)   The Pennsylvania Emergency Health Services Council
17      shall be a nonvoting member of the board.
18            (5)   Members of the board shall serve at the pleasure of
19      their appointing authority.
20            (6)   A voting member of the board may appoint a designee
21      who must be an employee of the same agency or organization as
22      the voting member to attend meetings.
23      (b)   Duties.--The board shall advise and assist the
24   commissioner on all matters pertaining to the following:
25            (1)   Legislation.
26            (2)   In consultation with the council, on basic life
27      support protocols, rules, guidelines and regulations related
28      to the administration and operation of the Statewide EMS
29      plan.
30            (3)   The development, establishment and maintenance of

20250HB1491PN1745                       - 10 -
 1      the comprehensive Statewide EMS plan.
 2            (4)   The development of regulations pursuant to the laws
 3      of the Commonwealth related to EMS and the comprehensive
 4      Statewide EMS plan.
 5            (5)   In consultation with the council, the establishment
 6      of acceptable industry standards of EMS protocols. The board
 7      shall also assist with the development of EMS equipment
 8      lists, which shall be posted on the commissioner's publicly
 9      accessible Internet website.
10            (6)   The establishment, evaluation and updates related to
11      Emergency Medical Services Operating Fund priority listings.
12            (7)   The development of standards for performance reviews
13      and quality assurance programs for the regional EMS councils.
14            (8)   Advice and recommendations on training standards,
15      including education standards to be adhered to by any
16      recipient of Commonwealth funding for the provision of EMS
17      training and certification.
18            (9)   Any programs administered by the commissioner
19      related to EMS, any other matter the commissioner may request
20      or as directed by the General Assembly.
21      (c)   Open meetings.--Meetings of the board shall be held in
22   accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings) and
23   the board shall meet at least quarterly or at the times and
24   places as called by the commissioner. A majority of the members
25   appointed to the board shall constitute a quorum.
26      (d)   Terms.--A member of the board shall serve continuously
27   until replaced or removed by the appointing authority or until
28   removed by the Governor for cause upon written notice to the
29   board. A member's nonparticipation in three consecutive board
30   meetings may be considered cause for removal.

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 1      (e)    Quorum.--Eleven members of the board shall constitute a
 2   quorum for the transaction of business.
 3      (f)    Compensation.--Members of the board shall serve without
 4   compensation but shall be reimbursed for their actual and
 5   necessary travel and other expenses in connection with
 6   attendance at meetings called by the chairperson.
 7      Section 5.   Sections 8106, 8107.3(a), 8107.4, 8108, 8109,
 8   8111(a), (c), (d) and (e), 8112 and 8112.1 of Title 35 are
 9   amended to read:
10   § 8106.   Emergency medical services patient care reports.
11      (a)    Preparation.--An EMS agency shall ensure that its
12   responding EMS providers complete an EMS patient care report for
13   each response made in which it encounters a patient or a person
14   who has been identified as a patient to the EMS agency, unless
15   the [department] commissioner by regulation exempts certain
16   types of patient contact from the reporting requirement. The
17   [department] commissioner shall employ an electronic EMS patient
18   care reporting process that shall solicit standardized data and
19   patient information. The [department] commissioner may require
20   an EMS agency to complete a different standardized report or
21   different fields in a standardized report based upon the type of
22   resources the EMS agency uses in responding. The [department]
23   commissioner shall permit an EMS agency to file a paper report
24   for extraordinary reasons as determined by the [department]
25   commissioner on a case-by-case basis.
26      (b)    Content.--The report shall contain information as
27   solicited on the form or other reporting process developed by
28   the [department] commissioner. The reporting process shall
29   solicit essential information in reasonable detail. The
30   [department] commissioner may also use the reporting process to

20250HB1491PN1745                   - 12 -
 1   collect data to enhance its ability to carry out its
 2   responsibilities under sections 8104 (relating to emergency
 3   medical services system programs) and 8105 (relating to duties
 4   of [department] commissioner).
 5      (c)   Patient medical record.--If a patient is transported to
 6   a hospital or from a hospital to another health care facility,
 7   information about the patient and EMS performed on the patient
 8   that is solicited through the reporting process shall be
 9   provided by the EMS agency to the hospital or other health care
10   facility and become part of the patient's medical record.
11      (d)   Reporting.--An EMS agency shall report to the
12   [department] commissioner or a regional EMS council, as
13   determined by [department] regulation, data that is solicited
14   through the reporting process.
15      (e)   Confidentiality.--
16            (1)   Patient information collected by an EMS agency shall
17      be confidential and shall not be released by the EMS agency
18      or a health care facility except as follows:
19                  (i)    To the patient who is the subject of the report
20            or to a person who is authorized to exercise the rights
21            of the patient with respect to securing the report.
22                  (ii)    Pursuant to an order of a court of competent
23            jurisdiction, including a subpoena when it constitutes a
24            court order, except that disclosure pursuant to a
25            subpoena shall not be permitted as to information in the
26            report that is of such nature that disclosure pursuant to
27            a subpoena is not otherwise authorized by law.
28                  (iii)    To a health care provider to whom a patient's
29            medical record may be released under the law.
30                  (iv)    For billing purposes.

20250HB1491PN1745                       - 13 -
 1                  (v)    For quality improvement activities.
 2                  (vi)    To the [department] commissioner or a regional
 3            EMS council for the purpose of investigating possible
 4            violations of this chapter or related regulations.
 5                  (vii)    To a government agency or its agent, as
 6            authorized by the [department] commissioner, for the
 7            purpose of the agency performing official government
 8            duties.
 9            (2)   Notwithstanding the duty of confidentiality
10      applicable to [department] commissioner and regional EMS
11      councils concerning reports under paragraph (1), the report
12      may be released for specific research or EMS planning
13      purposes approved by the [department] commissioner, subject
14      to [department] commissioner approval and supervision to
15      ensure that use of the report is strictly limited to the
16      purposes of the research.
17      (f)   Vendors.--A vendor may not sell or otherwise provide or
18   offer reporting forms or software marketed as appropriate for
19   use in making reports required under this section unless the
20   vendor submits the product to the [department] commissioner for
21   review and receives [department] commissioner approval.
22   Thereafter, the vendor shall submit any modification of the
23   product to the [department] commissioner for review and approval
24   if the vendor intends to offer the modified product for use in
25   the EMS patient care reporting process. If the [department]
26   commissioner makes changes to the EMS patient care report, it
27   shall publish a notice of the changes in the Pennsylvania
28   Bulletin. The effective date for the changes shall be no fewer
29   than 60 days following publication. After publication of
30   changes, a vendor may not market a product as one appropriate

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 1   for use in making an EMS patient care report, any reporting
 2   forms or software approved by the [department] commissioner
 3   prior to publication of the changes, unless the vendor clearly
 4   discloses that the forms or software were approved prior to
 5   publication of the changes. The [department] commissioner may
 6   assess a vendor a $5,000 civil penalty for each day a vendor
 7   violates the provisions of this subsection.
 8   § 8107.3.   Funding.
 9      (a)    Distribution.--[Beginning fiscal year 2008-2009 and each
10   year thereafter, the] The Department of Human Services shall
11   distribute annually, from available funds appropriated for this
12   purpose, a supplemental payment to each accredited Level I or
13   Level II trauma center or each Level III trauma center or
14   hospital seeking Level III accreditation as provided in section
15   8107.1(b) (relating to accreditation of trauma centers) for the
16   purpose of improving access to readily available and coordinated
17   trauma care for the citizens of this Commonwealth.
18      * * *
19   § 8107.4.   Notification of trauma center closure.
20      A hospital that receives funds under section 8107.3 (relating
21   to funding) shall notify the [department] commissioner, the
22   foundation and the Department of Human Services of its intent to
23   cease operation of its trauma center no later than 60 days prior
24   to closure of that trauma center.
25   § 8108.    State Advisory [Board] Council.
26      (a)    Designation and composition.--The [board] council shall
27   be composed of volunteer, professional and paraprofessional
28   organizations involved in EMS. The [board] council shall be
29   geographically representative of the provider organizations that
30   represent EMS providers, firefighters, regional EMS councils,

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 1   physicians, hospital administrators and other health care
 2   providers concerned with EMS. The [board] council may be
 3   composed of up to 30 organizations. Each organization that is a
 4   member of the [Pennsylvania Emergency Health Services Council]
 5   council and is elected to serve as a member on the [board]
 6   council shall have one vote on the [board] council.
 7      (b)   Duties.--The duties of the [board] council shall be to:
 8            (1)   Elect officers.
 9            (2)   Advise the [department concerning manpower and
10      training, communications, EMS agencies, content of
11      regulations,] commissioner concerning EMS clinical and basic
12      life support protocol standards and policies promulgated by
13      the [department] commissioner under this chapter [and other
14      subjects deemed appropriate by the department].
15            (3)   Serve as the forum for discussion on the content of
16      [the] Statewide EMS system [plan] clinical plans or changes,
17      or any proposed revisions thereto, and advise the
18      [department] commissioner as to the content of the plan.
19      (c)   Open meetings.--Meetings of the [board] council shall be
20   held in accordance with 65 Pa.C.S. Ch. 7 (relating to open
21   meetings).
22      (d)   Terms.--A voting member of the [board] council shall
23   serve a three-year term. A voting member shall not serve more
24   than two consecutive terms.
25      (e)   Quorum.--A simple majority of the voting members of the
26   [board] council shall constitute a quorum for the transaction of
27   business.
28      (f)   Compensation.--Members of the [board] council shall
29   serve without compensation, except the [Pennsylvania Emergency
30   Health Services Council] council, through its contract or grant

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 1   with the [department] commissioner, may pay necessary and
 2   reasonable expenses incurred by members of the [board] council
 3   while performing their official duties.
 4      (g)    Contracts and grants.--The [department] commissioner
 5   shall contract with or provide a grant to the [board] council
 6   for performance of its work under subsection (b). Contracts and
 7   grants between the [department and the board] commissioner and
 8   the council for the performance of work other than under
 9   subsection (b) shall be subject to section 8112 (relating to
10   contracts and grants) where applicable.
11   § 8109.    Regional emergency medical services councils.
12      (a)    Purpose.--Regional EMS councils shall assist the
13   [department] commissioner in carrying out the provisions of this
14   chapter. Each regional EMS council shall adhere to policy
15   direction from the [department] commissioner.
16      (b)    Organization.--For purposes of this chapter, the
17   organizational structure of a regional EMS council shall be
18   representative of the public, health professions and major
19   private and public voluntary agencies, organizations and
20   institutions concerned with providing EMS in the region and
21   shall be one of the following:
22             (1)   A unit of general local government, with an advisory
23      council, meeting requirements for representation.
24             (2)   A representative public entity administering a
25      compact or other areawide arrangement or consortium.
26             (3)   Any other public or private nonprofit entity that
27      meets requirements for representation as determined by the
28      [department] commissioner.
29      (c)    Duties.--Each regional EMS council shall, if directed by
30   the [department] commissioner:

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 1        (1)   Assist the [department] commissioner in achieving
 2    the Statewide and regional EMS system components and goals
 3    described under section 8104 (relating to emergency medical
 4    services system programs).
 5        (2)   Assist the [department] commissioner in the
 6    collection and maintenance of standardized data and
 7    information as provided in section 8106 (relating to
 8    emergency medical services patient care reports).
 9        (3)   Prepare, annually review and revise, as needed, a
10    regional EMS system plan for the EMS region the [department]
11    commissioner has designated and for which the [department]
12    commissioner has contracted or provided a grant to it to
13    serve.
14        (4)   Carry out, to the extent feasible, the Statewide and
15    regional EMS system plans.
16        (5)   Assure the reasonable availability of training and
17    continuing education programs for EMS providers.
18        (6)   Provide necessary and reasonable staff services and
19    appropriate and convenient office facilities that can serve
20    as the EMS region's location for the planning, maintenance
21    and coordinative and evaluative functions of the council.
22        (7)   Establish a mechanism to provide for input from
23    facilities and EMS agencies in the EMS region in decisions
24    that include, but are not limited to, membership on its
25    governing body.
26        (8)   Establish, subject to [department] commissioner
27    approval, regional EMS triage, treatment and transportation
28    protocols consistent with Statewide protocols adopted by the
29    [department] commissioner. A regional EMS council may also
30    establish, subject to [department] commissioner approval,

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 1      additional triage, treatment and transportation protocols. No
 2      regional protocol shall be subject to the rulemaking process.
 3             (9)    Advise public safety answering points and municipal
 4      and county governments as to the EMS resources available for
 5      dispatching and recommend dispatch criteria that may be
 6      developed by the [department] commissioner or the council as
 7      approved by the [department] commissioner.
 8             (10)   Assist the [department] commissioner in achieving a
 9      unified Statewide EMS system.
10             (11)   Designate a regional EMS medical director and
11      establish a medical advisory committee and a quality
12      improvement committee.
13             (12)   Develop a conflict of interest policy, subject to
14      [department] commissioner approval, and require its board or
15      advisory council members, officials and employees to agree to
16      the policy in writing.
17             (13)   Perform other duties assigned by the [department]
18      commissioner to assist the [department] commissioner in
19      carrying out the requirements of this chapter.
20      (d)    Regional EMS medical directors.--The [department]
21   commissioner shall consult with the regional EMS medical
22   directors in developing and adopting EMS protocols and may
23   consult with them on any matter involved in the [department's]
24   commissioner's administration of this chapter.
25   § 8111.    Comprehensive plan.
26      (a)    Preparation.--
27             (1)    The [department] commissioner, with the assistance
28      of the board, shall prepare a Statewide EMS system plan,
29      which plan shall include both short-range and long-range
30      goals and objectives, and shall make the plan available to

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 1      the General Assembly and all concerned agencies, entities and
 2      individuals.
 3            (2)   A regional EMS system plan, upon approval of the
 4      [department] commissioner, shall:
 5                  (i)    Become part of the Statewide EMS system plan.
 6                  (ii)    Include for the EMS region the same types of
 7            information that subsection (b) requires for the
 8            Statewide plan.
 9      * * *
10      (c)   Revisions.--
11            (1)   The [department] commissioner shall collect and
12      analyze EMS data for the purpose of:
13                  (i)    Revising the Statewide EMS system plan,
14            including determining the status of the Statewide EMS
15            system, the degree of compliance with the requirements of
16            this chapter and the effectiveness of EMS systems in
17            reducing morbidity and mortality associated with medical
18            emergencies.
19                  (ii)    Planning future EMS system initiatives.
20            (2)   Persons regulated by the [department] commissioner
21      under this chapter and dispatchers of EMS agencies shall
22      provide data, without charge, as reasonably requested by the
23      [department] commissioner and regional EMS councils, to aid
24      them in developing and revising Statewide and regional EMS
25      system plans and in conducting investigations under this
26      chapter as authorized by the [department] commissioner.
27      (d)   Annual reports.--The [department] commissioner shall
28   annually publish comprehensive and specific reports of activity
29   and plan implementation.
30      (e)   Use of Statewide plan.--

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 1             (1)   The [department] commissioner shall use the
 2      Statewide plan for contract and grant purposes as set forth
 3      in section 8112(a) (relating to contracts and grants).
 4             (2)   Nothing in the Statewide plan shall be construed to
 5      vest the [department] commissioner with any regulatory
 6      authority.
 7   § 8112.    Contracts and grants.
 8      (a)    General power.--The [department] commissioner may enter
 9   into contracts or grants with entities to serve as regional EMS
10   councils responsible for the initiation, expansion, maintenance
11   and improvement of regional EMS systems that are in accordance
12   with the Statewide EMS system plan.
13      (b)    Limitation.--An entity with which the [department]
14   commissioner enters into a contract or grant under this section
15   to serve as a regional EMS council shall carry out the duties
16   assigned by the [department] commissioner under section 8109(c)
17   (relating to regional emergency medical services councils).
18      (c)    Purposes.--In contracting with or giving a grant to
19   regional EMS councils, the [department] commissioner may
20   allocate Emergency Medical Services Operating Fund moneys
21   appropriated to the [department] commissioner only for the
22   following purposes:
23             (1)   Providing programs of public education, information,
24      health promotion and prevention regarding EMS.
25             (2)   Purchasing ambulances, other EMS vehicles, medical
26      equipment and rescue equipment.
27             (3)   Applying to costs associated with conducting
28      training and testing programs for EMS providers.
29             (4)   Applying to costs associated with inspections and
30      investigations conducted to assist the [department]

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 1      commissioner to carry out its regulatory authority under this
 2      chapter.
 3            (5)   Purchasing communications equipment and services,
 4      including alerting equipment, provided that the purchases are
 5      in accordance with the Statewide EMS system plan.
 6            (6)   Assisting with the merger of EMS agencies or
 7      assisting an EMS agency to acquire another EMS agency, when
 8      the [department] commissioner determines circumstances exist
 9      such that the transaction and financial assistance are needed
10      to serve the public interest.
11            (7)   Applying to costs associated with the maintenance
12      and operation of regional EMS councils. Those costs may
13      include, but shall not be limited to, salaries, wages and
14      benefits of staff, travel, equipment and supplies, leasing of
15      office space and other costs incidental to the conduct of
16      business which are deemed by the [department] commissioner to
17      be necessary and appropriate for carrying out the purposes of
18      this chapter.
19            (8)   Applying to costs associated with collection and
20      analysis of data necessary to evaluate the effectiveness of
21      EMS systems in providing EMS and to administer quality
22      improvement programs.
23            (9)   Applying to costs associated with assisting EMS
24      agencies to recruit and retain EMS providers.
25      (d)   Restriction.--In contracting with or providing grants to
26   regional EMS councils, the [department] commissioner may not
27   allocate Emergency Medical Services Operating Fund moneys
28   appropriated to the [department] commissioner for the following
29   purposes:
30            (1)   Acquisition, construction or rehabilitation of

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 1      facilities or buildings, except renovation as may be
 2      necessary for the implementation or modification of EMS
 3      communication systems.
 4             (2)   Purchasing hospital equipment, other than
 5      communications equipment for medical command and receiving
 6      facilities, unless the equipment is used or intended to be
 7      used in an equipment exchange program with EMS agencies.
 8             (3)   Maintenance of ambulances, other EMS vehicles and
 9      equipment.
10             (4)   Applying to costs deemed by the [department]
11      commissioner as inappropriate for carrying out the purposes
12      of this chapter.
13             (5)   Applying to costs which are normally borne by
14      patients, except for extraordinary costs as determined by the
15      [department] commissioner.
16      (e)    Reports.--The recipient of a contract or grant under
17   this chapter shall make reports to the [department] commissioner
18   as may be required by the [department] commissioner.
19      (f)    Contract and grant prerequisites.--The [department]
20   commissioner shall not contract with or provide a grant to an
21   entity for that entity to serve as a regional EMS council
22   unless:
23             (1)   The entity has submitted a contract or grant
24      application to the [department] commissioner in a form and
25      format prescribed by the [department] commissioner that is
26      consistent with the Statewide and regional EMS system plans.
27             (2)   The application addresses planning, maintenance and
28      improvement of the regional EMS system.
29             (3)   The entity demonstrates to the [department's]
30      commissioner's satisfaction the qualifications and commitment

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 1      to plan, maintain and improve a regional EMS system and that
 2      the entity has the required organizational structure and
 3      provisions for representation of appropriate entities.
 4      (g)   Technical assistance.--The [department] commissioner
 5   shall provide technical assistance, as appropriate, to regional
 6   EMS councils and to such other eligible entities as necessary
 7   for the purpose of their carrying out the provisions of
 8   contracts and grants under this section, with special
 9   consideration for contractors and grantees representing rural
10   areas.
11      (h)   Payments.--Payments pursuant to a contract or grant
12   under this section may be made in advance or by way of
13   reimbursement and in installments and on conditions as the
14   [department] commissioner determines will most effectively carry
15   out the provisions of this chapter.
16      (i)   Other funds considered.--
17            (1)   In determining the amount of a contract or grant
18      under this section, the amount of funds available to the
19      contractor or grantee from non-State contributions and
20      Federal grant or contract programs pertaining to EMS shall be
21      taken into consideration.
22            (2)   For purposes of this subsection, "non-State
23      contributions" include the outlay of cash and in-kind
24      services to the contractor or grantee or toward the operation
25      of a regional EMS system by private, public or government
26      third parties, including the Federal Government.
27      (j)   Other contracts and grants.--The [department]
28   commissioner may enter into contracts and grants with
29   organizations other than regional EMS councils in order to
30   assist the [department] commissioner in complying with the

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 1   provisions of this [section and] chapter.
 2         (k)   Public disclosure.--
 3               (1)    Subject to the provisions of paragraph (2),
 4         finalized contracts and grants shall be deemed public records
 5         subject to disclosure.
 6               (2)    The [department] commissioner may not disclose
 7         information in contracts or grants that could be used by
 8         persons to undermine measures to combat, respond to or
 9         recover from terrorist attacks.
10         (l)   Sole source contract or grant.--Upon expiration of a
11   contract or grant with an entity to carry out the duties of a
12   regional EMS council as set forth in subsection (c), the
13   [department] commissioner, without undertaking a competitive
14   bidding process, may enter into a new contract or grant with the
15   same entity for that entity to continue to serve as a regional
16   EMS council and perform the duties set forth in subsection (c),
17   as determined by the [department] commissioner, if that entity,
18   in carrying out the prior contract or grant, demonstrated its
19   ability and commitment to the [department's] commissioner's
20   satisfaction to plan, maintain and improve the regional EMS
21   system consistent with the terms of the prior contract or grant.
22   § 8112.1.         Scholarships for recruitment, training and retention.
23         (a)   Utilization.--Except as provided under subsection (d),
24   money transferred under 3 Pa.C.S. § 1113(a)(4) (relating to
25   disposition of certain funds) shall be utilized by the
26   [department's Bureau of Emergency Medical Services] commissioner
27   to:
28               (1)    Issue scholarships to EMS providers who complete EMS
29         training provided by an approved entity under section 8105(b)
30         (6) (relating to duties of [department] commissioner).

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 1        (2)   Reimburse EMS agencies for recruitment and retention
 2    costs, which are to be determined by the [department's Bureau
 3    of Emergency Medical Services] commissioner.
 4        (3)   Make available a pilot program for high school
 5    students with instruction through partnerships between
 6    institutions of higher education in this Commonwealth and
 7    school entities or nonpublic schools, or both, to increase
 8    the number of individuals capable of becoming EMS providers.
 9    The pilot program shall be conducted in accordance with
10    section 7 of the act of October 24, 2012 (P.L.1209, No.151),
11    known as the Child Labor Act. The following shall apply:
12              (i)    The [Bureau of Emergency Medical Services of the
13        Department of Health] commissioner shall accept proposals
14        from institutions of higher education in this
15        Commonwealth for the pilot program. From the proposals
16        submitted, the [Bureau of Emergency Medical Services of
17        the Department of Health] commissioner shall select three
18        institutions of higher education to offer a pilot
19        program. The [Bureau of Emergency Medical Services of the
20        Department of Health] commissioner, to the greatest
21        extent practicable, shall select one institution of
22        higher education from each eastern, central and western
23        region of this Commonwealth. Nothing in this paragraph
24        shall be construed to prohibit an institution of higher
25        education from incorporating fire instruction into the
26        pilot program.
27              (ii)   An institution of higher education selected by
28        the [Bureau of Emergency Medical Services of the
29        Department of Health] commissioner under subparagraph (i)
30        shall operate the pilot program by entering into an

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 1            agreement with a school entity or nonpublic school, or
 2            both, for the provision of instruction to students who
 3            are in at least the ninth grade.
 4                (iii)    The EMS Training Fund is established in the
 5            State Treasury. The [Bureau of Emergency Medical Services
 6            of the Department of Health] commissioner may accept
 7            monetary donations and other money for deposit into the
 8            EMS Training Fund from a person, business, foundation,
 9            tax-exempt organization under section 501(c)(3) of the
10            Internal Revenue Code of 1986 (Public Law 99-514, 26
11            U.S.C. § 501(c)(3)) or government entity on behalf of the
12            Commonwealth.
13                (iv)    The [Bureau of Emergency Medical Services of
14            the Department of Health] commissioner shall disburse no
15            less than $50,000 from the EMS Training Fund to each
16            institution of higher education operating the pilot
17            program for each year of the pilot program. After the
18            fourth year of operation of the pilot program, the
19            [Bureau of Emergency Medical Services of the Department
20            of Health] commissioner may not disburse money from the
21            EMS Training Fund.
22                (v)    The State Treasurer shall transfer any money
23            appropriated, transferred or donated for the pilot
24            program into the EMS Training Fund, and interest earned
25            on the money in the EMS Training Fund shall remain in the
26            EMS Training Fund.
27      (b)   Application.--An individual shall submit an application
28   for a scholarship to the [department] commissioner on a form
29   approved by the [department] commissioner.
30      (c)   Form.--The scholarships shall be in the form of:

20250HB1491PN1745                     - 27 -
 1            (1)   Reimbursement to EMS providers who obtain
 2      certification upon successful completion of EMS training by
 3      an approved provider.
 4            (2)   Reimbursement to an EMS agency for recruitment and
 5      retention costs, which are to be determined by the
 6      [department's Bureau of Emergency Medical Services]
 7      commissioner.
 8      (d)   Administrative costs.--No more than $50,000 of the money
 9   transferred under 3 Pa.C.S. § 1113(a)(4) may be used by the
10   [Bureau of Emergency Medical Services] commissioner for
11   administrative costs.
12      (e)   Annual reports.--
13            (1)   The [Bureau of Emergency Medical Services of the
14      Department of Health] commissioner shall prepare an annual
15      report on the scholarships under subsection (a)(1) and the
16      pilot program under subsection (a)(3). The report shall
17      include all of the following information:
18                  (i)    The total number of scholarship applications
19            received.
20                  (ii)    The total number of scholarship applications
21            approved and the amounts funded for each recipient.
22                  (iii)    An analysis of the classes taken and the
23            levels of education obtained through the scholarships.
24                  (iv)    The number of applications received for the
25            pilot program.
26                  (v)    The applications approved for the pilot program.
27                  (vi)    The number of high school students served by
28            the pilot program.
29            (2)   The [Bureau of Emergency Medical Services of the
30      Department of Health] commissioner shall submit the annual

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 1      report under paragraph (1) no later than October 1, 2023, and
 2      by October 1 of each year thereafter, to all of the
 3      following:
 4                (i)    The chair and minority chair of the Veterans
 5          Affairs and Emergency Preparedness Committee of the
 6          Senate.
 7                (ii)    The chair and minority chair of the Veterans
 8          Affairs and Emergency Preparedness Committee of the House
 9          of Representatives.
10          (3)   The Secretary of Health shall post the annual report
11      under paragraph (1) on the [department's] commissioner's
12      publicly accessible Internet website.
13      Section 6.      Except as otherwise provided in this act, all
14   activities initiated by the Department of Health shall continue
15   and remain in full force and effect and may be completed by the
16   State Emergency Medical Services Commissioner. Orders,
17   regulations, rules and decisions which were made by the
18   Department of Health and which are in effect on the effective
19   date of this section shall remain in full force and effect until
20   revoked, vacated or modified by the State Emergency Medical
21   Services Commissioner. Contracts, obligations and collective
22   bargaining agreements entered into by the Department of Health
23   are not affected nor impaired by this act.
24      Section 7.      This act shall take effect in 60 days.




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