Pennsylvania Laws Relating To Emergency Services

Transcription

PENNSYLVANIALAWS RELATING TO EMERGENCYSERVICESPREPARED BYLegislative Reference BureauEditing and Publishing OfficeFor distribution by theMembers of the General AssemblyHARRISBURG, PENNSYLVANIARevised February 15, 2021

INTRODUCTIONThe laws of Pennsylvania relating to emergency services were originally compiledby the Legislative Reference Bureau primarily for distribution by members of the GeneralAssembly. This edition updates the original compilation through Act 140 of 2020.This compilation is unofficial and includes only portions of the Constitution ofPennsylvania and the statutes of this Commonwealth. While every effort has been madeto identify all relevant material within the scope of this publication, it is possible that someprovisions have been omitted either intentionally or inadvertently.In general, the statutes are included verbatim. Editorial additions are indicated bybrackets; the omission of parts of sections not relevant to the compilation are indicatedby the use of “* * *”.The appropriate printed statutes should be consulted for official purposes. Officialversions of statutes are published in the Laws of Pennsylvania and the PennsylvaniaConsolidated Statutes. The legal citation for each section appears at the end of thesection. A comprehensive list of all legal citations can be found at the end of thecompilation.This compilation is the result of a search of the database for statutes pertaining toemergency services. The terms used in the search for applicable statutes included thesingular and plural of the following terms: fire, firemen, firefighter, ambulance, rescue, firemarshal, fire police, emergency.This publication may be reprinted without obtaining specific permission from theLegislative Reference Bureau.Editing and Publishing OfficeLegislative Reference Bureau

Table of ContentsPART I. COMMONWEALTH AGENCIES.25Chapter 1. Department of Agriculture.25Farm Safety and Occupational Health Advisory Board.25Farm Safety and Occupational Health Program.25Duties of secretary [of Agriculture].25Financial assistance.26Applicability.26Exemptions [relating to food employee certification under Agriculture Code].27Chapter 2. Attorney General.27Definitions [relating to arson reporting immunity].27Enforcement.27Chapter 3. Auditor General.27[Audit].27[Collection of accounts].28[Duties of Auditor General].28[Compensation of persons killed and injured while fighting forest fires].28Revision of financing from State revenue sources; General Municipal PensionSystem State Aid Program.28Use of foreign fire insurance tax moneys.29Reimbursement by Commonwealth for special 1989 ad hoc adjustment [underSpecial Ad Hoc Police and Firefighter Postretirement Adjustment Act].29Reimbursement by Commonwealth for 2002 special ad hoc adjustment [underSpecial Ad Hoc Police and Firefighter Postretirement Adjustment Act].30Special account created.30Municipal retirement system certification of adjustments paid and ofreimbursable amounts.30Commonwealth disbursement of reimbursement payment.30Administration by Auditor General.31Support of emergency medical services.31Chapter 4. Department of Community and Economic Development.31Department of Community and Economic Development .31Department of Community and Economic Development.31[Actuarial investigation].32[Report].32[Powers of department].32[Completion of actuary study; costs].32Requirement to file actuarial valuation report or experience investigation.32Departmental [Department of Community and Economic Development] duties.33Chapter 5. Department of Conservation and Natural Resources.33Subchapter A. Fire Wardens.33[Fire wardens].33[Chief fire warden and deputy chief fire warden].33[District fire warden].34[Badge of authority for fire wardens and assistants].34[Duties; compensation].34[Powers].34[Assistant fire wardens].34[Investigation and reports].35

PENNSYLVANIA LAWS RELATING TO EMERGENCY SERVICES[Audit].35[Power to enter other jurisdictions].35[Service in two or more counties].35[Disability or absence of fire warden].35[Compensation of persons not employed by fire warden; prosecution].36[Liability].36[Appeals relating to compensation].36[Daily patrol during fire season].36[Powers of arrest].37Duties [of chief forest fire warden].37[Special and ex-officio forest fire wardens].37[Foresters and rangers].37[Compensation].38[Power to employ others and compel attendance].38[Power to administer oath].38[Entry].38[Power to arrest].38[Liability].38Subchapter B. Forest Protection.38[Cooperative agreements and expenditure].38[Reporting].39[Organization of mutual forest fire protective association].39[Bureau established].39Forest Fire-fighters.39Appeal to the Commissioner of Forestry [now the Secretary of Conservationand Natural Resources].39Land Owners.39[Expenses].40[Billing].40[Duties of Auditor General].40Subchapter C. Interstate Forest Fire Protection.40[Interstate forest fire protection te cooperation in forest fire protection].42[Duties relating to interstate fire protection].43[Supervision of Commonwealth employees].43[Travel expenses of Commonwealth employees].43[Reimbursing employees of other jurisdictions].43Subchapter D. Miscellaneous Provisions.43[Rewards].43[Commonwealth reimbursement].44[Claims against Commonwealth].44[Findings; compensation].44[Liability for expenses of forest fire].44[Legal action].44["Forest fire"].44Restricted receipt accounts.45[Lease or sale of telephone lines].45Forests.45Prescribed burn plan.47Chapter 6. Department of Drug and Alcohol Programs.47Powers and duties [of Department of Drug and Alcohol Programs].47Page 2Rev. 2/15/21

PENNSYLVANIA LAWS RELATING TO EMERGENCY SERVICESEstablishment of Medication Death and Incident Review Team.48Review procedures.48Chapter 7. Department of Environmental Protection.48Regulations for Operational Provisions.48Registration [of underground storage tanks].48Permits and plans.48Certified hazardous material response teams.49[Mine Families First Response and Communication] Advisory council.50Chapter 8. Department of General Services.51Department of General Services.51Department of General Services.51Department of General Services.51Department of General Services.51Department of General Services.51Department of General Services.51Designation of area as "Emergency Responder Plaza.".51Duties of Department of General Services.51Chapter 9. Governor.52Subchapter A. General Duties.52[Funds allocated to repair or replace equipment and facilities].52[Limitation on use of funds].52Duties concerning disaster prevention.52Subchapter B. Disaster Emergencies.52Confidentiality Provisions During Disaster Emergency.52General authority of Governor.53Temporary housing.54Debris and wreckage removal.55Community disaster loans.55Individual and family assistance.55Grants for hazard mitigation.56Appropriation of Federal funds.56Laws suspended during emergency assignments.56Subchapter C. Emergency Management Assistance Compact.56Compact enacted.56Exercise of powers and duties.60Mutual agreements.60Budgetary considerations.60Chapter 10. Department of Health.61Subchapter A. Coal Mine Emergencies.61Definitions [relating to coal mine emergency medical personnel].61Emergency Medical Personnel in Coal Mines.61Regulations for Training and Certification.62First-aid Training of Coal Mine Employees.62Continuing Training.62Certification.62Definitions [relating to bituminous coal mine safety].62Emergency medical personnel.63Certification.63Liability.63Page 3Rev. 2/15/21

PENNSYLVANIA LAWS RELATING TO EMERGENCY SERVICESEquivalent training.64Subchapter B. Emergency Medical Services System.64Block grants.64Short title [of Stroke System of Care Act].64Definitions [relating to stroke system of care].64Emergency medical services.64Biennial report.65Short title of chapter [35 Pa.C.S. Ch. 81 (relating to emergency medicalservices system)].65Declaration of policy.65Definitions [relating to emergency medical services system].66Emergency medical services system programs.69Duties of department [of Health].71Emergency medical services patient care reports.72Pennsylvania Trauma Systems Foundation.73Accreditation of trauma centers.74State Advisory Board.74Regional emergency medical services councils.75Comprehensive plan.76Contracts and grants.77Emergency medical services providers.79Emergency medical responders.82Emergency medical technicians.83Advanced emergency medical technicians.83Paramedics.84Prehospital registered nurses.85Prehospital physician extenders.86Prehospital emergency medical services physicians.87Certification sanctions.88Emergency medical services vehicle operators.89Suspension of certification.91Emergency medical services instructors.91Medical director of emergency medical services agency.93Medical command physicians and facility medical directors.94Medical command facilities.96Receiving facilities.97Emergency medical services agencies.98Advanced life support ambulances.100Air ambulances.101Advanced life support squad vehicles.101Basic life support ambulances.101Basic life support squad vehicles.102Quick response services.102Special operations emergency medical services.102First aid and other services.103Other vehicles and services.103Stretcher and wheelchair vehicles.103Conditional temporary licenses.104Plans of correction.104Emergency medical services agency license sanctions.104Limitations on liability.105Peer review.106Support of emergency medical services.106Prohibited acts.107Surrender of license, accreditation or certification.108Penalties.108Page 4Rev. 2/15/21

PENNSYLVANIA LAWS RELATING TO EMERGENCY SERVICESAdjudications and judicial review.108Subchapter C. Advance Health Care Directives and Out-of-HospitalNonresuscitation Orders.108Applicability.108Definitions [relating to health care].109Compliance.109Death not suicide or homicide.110Liability.110Criminal penalties.111When living will operative.111Revocation.112Emergency medical services.112Countermand.112Revocation.112Decisions by health care representative.112Duties of attending physician and health care provider.113Effect on other State law.114Short title of subchapter [20 Pa.C.S. Ch. 54 Subch. E (relating to out-of-hospitalnonresuscitation)].114Definitions [relating to out-of-hospital nonresuscitation].114Orders, bracelets and necklaces.115Revocation.116Emergency medical services.116Subchapter D. Miscellaneous Provisions.117Emergency Drug and Alcohol Detoxification Program.117Administration of Epinephrine Auto-injectors by School Bus Drivers and SchoolCrossing Guards.117Cardiopulmonary Resuscitation Education.117Definitions.118Drug Overdose Medication.118Definitions [relating to opioid treatment agreements].119Procedure [opioid treatment].119Chapter 11. Insurance Department.120Revocation, etc., of license.120Chapter 12. Department of Labor and Industry.120Enforcement [of Fire and Panic Act].120Inspection and Administration.120Hazardous substance list.120Risk to public health.121Transfer of functions [relating to combustible or flammable liquids].122Regulations [relating to combustible or flammable liquids].122Definitions [relating to Child Labor Act].122Minors serving in volunteer emergency service organizations.122Chapter 13. Pennsylvania Emergency Management Agency.123Subchapter A. General Provisions.123Health Care System Assistance.123Pennsylvania Emergency Management Agency.123Restricted receipt accounts.123Pennsylvania Emergency Management Agency.124Pennsylvania Emergency Management Agency.124Restricted receipt accounts.124Page 5Rev. 2/15/21

PENNSYLVANIA LAWS RELATING TO EMERGENCY SERVICESPennsylvania Emergency Management Agency.124Restricted receipt accounts.124Pennsylvania Emergency Management Agency.124Restricted receipt accounts.125Definitions [relating to farm safety and occupational health].125Rescue equipment loans [under the Farm Safety and Occupational Health Act].125Definitions [relating to emergency management services].125Purposes of part [35 Pa.C.S. Pt. V (relating to emergency managementservices)].127Limitations.127Creation [of Pennsylvania Emergency Management Agency].127Organization [of Pennsylvania Emerg

Consolidated Statutes. The legal citation for each section appears at the end of the section. A comprehensive list of all legal citations can be found at the end of the compilation. This compilation is the result of a search of the database for statutes pertaining to emergency services.