35 Pa.C.S. § 5903 — PA Code / Title 35 / Chapter 59 / Section 5903
Xylazine awareness education.
Status: in_force

(a) Powers and duties.--The Department of Drug and Alcohol Programs, in consultation with the Department of Health and the Department of Agriculture, shall have the power and its duty shall be to:

(1) Enter into partnerships with health care providers, including physicians and veterinarians, and community-based health centers and hospitals to educate residents of this Commonwealth on the dangers of human use of xylazine.

(2) Create informational materials in electronic and physical form, in coordination with the partners described in paragraph (1), which may be distributed to or accessed by residents of this Commonwealth. The informational materials shall include:

(i) The effects on the human body of the use of xylazine.

(ii) How to talk to family and friends about the dangers of human use of xylazine.

(iii) The legitimate uses of xylazine for animal use.

(iv) Any other information that the Department of Drug and Alcohol Programs deems necessary to prepare and educate residents of this Commonwealth on the dangers of human use of xylazine.

(b) Expiration.--Upon a determination by the Secretary of Health that the human use of xylazine no longer poses a significant threat to the public health and safety of the Commonwealth, the Secretary of Health shall transmit notice of the determination to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin. This section shall expire upon publication of the notice under this subsection. Cross References. Section 5903 is referred to in section 5902 of this title.
35 Pa.C.S. § 3316 — PA Code / Title 35 / Chapter 33 / Section 3316
Severability.
Status: in_force

The provisions of this chapter are severable. If a provision of this chapter or the provision's application to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
35 Pa.C.S. § 7374 — PA Code / Title 35 / Chapter 73 / Section 7374
Fire and Emergency Medical Services Loan Sinking Fund and investments.
Status: in_force

All bonds issued under this subchapter shall be redeemed at maturity and all interest due from time to time on such bonds shall be paid from the Fire and Emergency Medical Services Loan Sinking Fund, which is hereby created. For the specific purpose of redeeming bonds issued under this subchapter at maturity and paying all interest thereon in accordance with the information received from the Governor, the General Assembly shall appropriate moneys to the Fire and Emergency Medical Services Loan Sinking Fund for the payment of interest on such bonds and the principal thereof at maturity. All moneys paid into the Fire and Emergency Medical Services Loan Sinking Fund and all of such moneys not necessary to pay accruing interest shall be invested by the Board of Finance and Revenue in such securities as are provided by law for the investment of the sinking funds of the Commonwealth. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 8107.1 — PA Code / Title 35 / Chapter 81 / Section 8107.1
Accreditation of trauma centers.
Status: in_force

(a) Standards.--The foundation shall accredit Level III trauma centers by adopting, at a minimum, current guidelines

defined by the American College of Surgeons for Level III trauma centers. The accreditation process shall be conducted in compliance with section 8107 (relating to Pennsylvania Trauma Systems Foundation).

(b) Additional requirements.--In addition to the Level III standards established by the foundation under subsection (a), a hospital must meet all of the following criteria to qualify for Level III accreditation:

(1) Provide comprehensive emergency services.

(2) Total on an annual basis at least 4,000 inpatient admissions from its emergency department.

(3) Be located in a third, fourth, fifth, sixth, seventh or eighth class county. The requirement under this paragraph shall not apply to accredited Level III trauma centers as of the effective date of this subsection.

(4) Be located more than 25 miles of travel distance established by roadways from a Level I, Level II or Level III trauma center.

(c) Submission of application required.--To be eligible for accreditation as a Level III trauma center and to qualify for funds under section 8107.3 (relating to funding), a hospital must comply with subsection (b) to submit an application to the foundation.

(d) Review of application.--Within 120 days of the receipt of an application, the foundation shall complete its review of the application to determine compliance with the criteria under subsection (b). No later than 240 days from the completion of a site survey, the foundation shall grant or deny a certificate to a hospital seeking to be accredited as a Level III trauma center under subsections (a) and (b).

(e) Additional accreditation criteria.--For a hospital that submits an application for Level I, Level II or Level III accreditation after the effective date of this subsection, the hospital shall be located more than 25 miles of travel distance established by roadways from a Level I, Level II or Level III trauma center. If a trauma center is accredited before the effective date of this subsection, and the accreditation is denied or voluntarily withdrawn, notwithstanding the reason, the trauma center shall be subject to the travel distance requirement under this section in the same manner as a trauma center that has never been accredited if the hospital reapplies for accreditation.

(f) Applicability.--The travel distance requirements under this section shall not apply in the following situations:

(1) For a trauma center accredited before the effective date of this subsection, the trauma center may move or relocate the trauma center within 10 miles by roadway from the original location.

(2) In a merger or acquisition of a trauma center.

(3) For a hospital seeking accreditation under subsection (e), the travel distance requirement shall not apply if the hospital can demonstrate that the other trauma centers in the catchment area have a volume of excess cases above the volumes required for reaccreditation under section 8107(a)(1) that is, for a period of three preceding years, twice the amount required for reaccreditation under section 8107(a)(1).

(g) Volume waiver process.--The foundation shall develop a process to allow a hospital seeking accreditation under subsection (e) and a waiver of the travel distance requirement under subsection (f)(3) to have patient volume data reviewed

to determine eligibility for the waiver prior to the pursuit of trauma center accreditation. (July 2, 2019, P.L.359, No.54, eff. imd.) 2019 Amendment. Act 54 added section 8107.1. See section 5 of Act 54 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 8107.1 is referred to in section 8107.3 of this title.
35 Pa.C.S. § 8107.4 — PA Code / Title 35 / Chapter 81 / Section 8107.4
Notification of trauma center closure.
Status: in_force

A hospital that receives funds under section 8107.3 (relating to funding) shall notify the department, 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. (July 2, 2019, P.L.359, No.54, eff. imd.) 2019 Amendment. Act 54 added section 8107.4. See section 5 of Act 54 in the appendix to this title for special provisions relating to continuation of prior law.
35 Pa.C.S. § 7827.2 — PA Code / Title 35 / Chapter 78 / Section 7827.2
Publication and notice.
Status: in_force

The agency shall transmit notice of the COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program availability to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin within 30 days of the effective date of this section. (Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 renumbered former section 7823.2 to present section 7827.2.
35 Pa.C.S. § 7891.1 — PA Code / Title 35 / Chapter 78 / Section 7891.1
Expiration of authority.
Status: in_force

The authority of the commissioner to award grants under Subchapters B (relating to fire company grant program) and C (relating to emergency medical services grant program) shall expire December 31, 2029. (June 30, 2025, P.L.80, No.25, eff. imd.) 2025 Amendment. Act 25 added section 7891.1.
35 Pa.C.S. § 8121 — PA Code / Title 35 / Chapter 81 / Section 8121
Certification sanctions.
Status: in_force

(a) Grounds for discipline.--The department may discipline an EMS provider or applicant for EMS provider certification for any of the following reasons:

(1) Lack of physical or mental ability to provide adequate services.

(2) Deceptive or fraudulent procurement or representation of certification or registration credentials or for making misleading, deceptive or untrue representations to secure or aid or abet another person to secure a certification, license, registration or any other authorization issued by the department under this chapter.

(3) Willful or negligent misconduct in providing EMS or practicing beyond the scope of certification authorization without legal authority to do so.

(4) Abuse or abandonment of a patient.

(5) The rendering of services while under the influence of alcohol or illegal drugs or the knowing abuse of legal drugs.

(6) The operation of an emergency vehicle in a reckless manner or while under the influence of alcohol or illegal drugs or the knowing abuse of legal drugs.

(7) Disclosure of medical or other information about a patient where prohibited by Federal or State law.

(8) Willful preparation or filing of a false medical report or record or the inducement of others to do so.

(9) Destruction of a medical report or record required to be maintained.

(10) Refusal to render emergency medical care because of a patient's race, sex, creed, national origin, sexual preference, age, handicap, medical problem or financial inability to pay.

(11) Failure to comply with department-approved protocols.

(12) Failure to comply with reporting requirements imposed under this chapter or as established by the department.

(13) Practicing without the current registration of a certification.

(14) Conviction of a felony, a crime related to the practice of the EMS provider or a crime involving moral turpitude. For the purposes of this paragraph, a conviction includes a judgment of guilt, a plea of guilty or a plea of nolo contendere.

(15) Willful falsification of or a failure to complete details on an EMS patient care report.

(16) Misappropriation of drugs or EMS agency property.

(17) Having a certification or other authorization to practice a profession or occupation revoked, suspended or subjected to other disciplinary sanction.

(18) Violating or aiding or abetting another person to violate a duty imposed under this chapter, a regulation promulgated under this chapter or an order of the department previously entered in a disciplinary proceeding.

(19) Based upon a finding of misconduct by the relevant Federal or State agency, having been excluded from a Federal or State health care program or having had equity or capital, stock or profits of an entity equal to 5% or more of the value of the property or assets of the entity when it was excluded from a Federal or State health care program.

(20) Any other reason as determined by the department which poses a threat to the health and safety of the public.

(b) Disciplinary options.--If the department is empowered to take disciplinary action against an individual under this section, the department may do one or more of the following:

(1) Deny the application for certification.

(2) Issue a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict the certification.

(4) Require the person to take refresher educational courses.

(5) Impose a civil money penalty not exceeding $1,000 for each incident in which the EMS provider engages in conduct that constitutes a basis for discipline.

(6) Stay enforcement of any suspension, revocation or other discipline and place the individual on probation with the right to vacate the probationary order for noncompliance.

(c) Registration of certification.--The department shall not deny a registration of an EMS provider certification without giving the applicant prior notice of the reason for the denial and providing an opportunity for a hearing.

(d) Reinstatement.--A person whose certification has been revoked may not apply for reinstatement of that certification. A person may petition the department for allowance to apply for a new certification five years from the effective date of the revocation by filing with the department a petition that avers facts to establish that the person has been rehabilitated to an extent that issuing the person a certification would not be detrimental to the public interest. The department may grant or deny the petition, without conducting a hearing, if it

accepts as true all facts averred, other than the conclusory averments, such as that the person has been rehabilitated. If the department grants the person allowance to apply for a new certification, the person shall repeat the training program and the certification examinations for the level of certification for which the person is applying and satisfy all other requirements for the certification that exist at the time of reapplication. If the department does not grant the person allowance to apply for a new certification, the person may not again petition the department for allowance to apply for a new certification until another year from the date of denial. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8121 shall take effect 180 days after the publication of the notice in section 7. Cross References. Section 8121 is referred to in sections 8113, 8123, 8124 of this title.
35 Pa.C.S. § 3306 — PA Code / Title 35 / Chapter 33 / Section 3306
Data dissemination and publication.
Status: in_force

(a) Public reports.--Subject to the restrictions on access to council data set forth in section 3308 (relating to Right-to-Know Law and access to council data) and utilizing the data collected under section 3305 (relating to data submission and collection), as well as other data, records and matters of record available to it, the council shall prepare and issue reports to the General Assembly and to the general public according to the following provisions:

(1) The council shall, for every provider of both inpatient and outpatient services within this Commonwealth and within appropriate regions and subregions, prepare and issue reports on provider quality and service effectiveness on diseases or procedures that, when ranked by volume, cost, payment and high variation in outcome, represent the best opportunity to improve overall provider quality, improve patient safety and provide opportunities for cost reduction. These reports shall provide comparative information on the following:

(i) Differences in mortality rates; differences in length of stay; differences in complication rates; differences in readmission rates; differences in infection rates; and other comparative outcome measures the council may develop that will allow purchasers, providers and consumers to make purchasing and quality improvement decisions based upon quality patient care and to restrain costs.

(ii) The incidence rate of selected medical or surgical procedures, the quality and service effectiveness and the payments received for those providers, identified by the name and type or specialty, for which these elements vary significantly from the norms for all providers.

(2) In preparing its reports under paragraph (1), the council shall ensure that factors which have the effect of either reducing provider revenue or increasing provider costs and other factors beyond a provider's control which reduce provider competitiveness in the marketplace are explained in the reports. The council shall also ensure that any clarifications and dissents submitted by individual providers under section 3305(h) are noted in any reports that include release of data on that individual provider.

(b) Raw data reports and computer access to council data.--The council shall provide special reports derived from raw data and a means for computer-to-computer access to its raw data to a purchaser under section 3308(g). The council shall provide the reports and computer-to-computer access, at its discretion, to other parties under section 3308(i). The council shall provide these special reports and computer-to-computer access in as timely a fashion as the council's responsibilities to publish the public reports required in this section will allow. Any provision of special reports or computer-to-computer access by the council shall be made only subject to the restrictions on access to raw data set forth in section 3308(c)

and only after payment for costs of preparation or duplication under section 3308(g) or (i). Cross References. Section 3306 is referred to in sections 3304, 3308 of this title.
35 Pa.C.S. § 7844 — PA Code / Title 35 / Chapter 78 / Section 7844
Report.
Status: in_force

(a) Contents.--The commissioner shall prepare a report on the Emergency Medical Services COVID-19 Recovery Grant Program. The report shall include all of the following information:

(1) The total number of EMS companies that were notified of the grant program.

(2) The total number of EMS companies that submitted a certification for the grant program.

(3) The total number of EMS companies that received a grant.

(4) The total amount of the grant received by each EMS company.

(5) A summary of how each EMS company will use the grant money awarded under the program.

(b) Submission.--The commissioner shall submit the report by September 1, 2022, to all of the following:

(1) The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(2) The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(3) The chair and minority chair of the Appropriations Committee of the Senate.

(4) The chair and minority chair of the Appropriations Committee of the House of Representatives.

(c) Posting.--The commissioner shall post the annual report on the Office of the State Fire Commissioner's publicly accessible Internet website.
35 Pa.C.S. § 5311.23 — PA Code / Title 35 / Chapter 53 / Section 5311.23
MLTS signaling.
Status: in_force

An MLTS shall support 911 calling by using any generally accepted industry standard signaling protocol designed to produce an automatic display of caller information on the video terminal of the PSAP call taker unless the MLTS operator is exempt due to an MLTS that was installed prior to February 16, 2020. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; Nov. 18, 2024, P.L.1186, No.147, eff. imd.)
35 Pa.C.S. § 8111 — PA Code / Title 35 / Chapter 81 / Section 8111
Comprehensive plan.
Status: in_force

(a) Preparation.--

(1) The department, 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 the General Assembly and all concerned agencies, entities and individuals.

(2) A regional EMS system plan, upon approval of the department, 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.

(b) Contents.--At a minimum, the Statewide plan shall contain:

(1) An inventory of EMS resources available within this Commonwealth.

(2) An assessment of the effectiveness of the existing EMS system and a determination of the need for changes to the EMS system.

(3) Performance measures for delivery of EMS to all persons in this Commonwealth.

(4) Methods to be used in achieving the stated performance measures.

(5) A schedule for achievement of the stated performance measures.

(6) A method for monitoring and evaluating whether the stated performance measures are being achieved.

(7) Estimated costs for achieving the stated performance measures.

(c) Revisions.--

(1) The department 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 under this chapter and dispatchers of EMS agencies shall provide data, without charge, as reasonably requested by the department 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.

(d) Annual reports.--The department shall annually publish comprehensive and specific reports of activity and plan implementation.

(e) Use of Statewide plan.--

(1) The department 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 with any regulatory authority. Cross References. Section 8111 is referred to in section 8105 of this title.
35 Pa.C.S. § 7382 — PA Code / Title 35 / Chapter 73 / Section 7382
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency." The Pennsylvania Emergency Management Agency.

"Board." The State Fire Advisory Board.

"Commissioner." The State Fire Commissioner.

"Committee." (Deleted by amendment). (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 7104 — PA Code / Title 35 / Chapter 71 / Section 7104
Limitations.
Status: in_force

This part is not intended to:

(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this part or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.

(2) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States or of any personnel thereof when on active duty except that Commonwealth and local disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies.

(3) Limit, modify or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution, statutes or common law of this Commonwealth independent of, or in conjunction with, any provisions of this part.
35 Pa.C.S. § 7386 — PA Code / Title 35 / Chapter 73 / Section 7386
State Fire Advisory Board.
Status: in_force

(a) Creation.--

(1) There is created the State Fire Advisory Board 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 Pennsylvania Professional Firefighters Association or a designee.

(iii) The President of the Pennsylvania Career Fire Chiefs Association or a designee.

(iv) The President of the Pennsylvania Fire and Emergency Services Institute or a designee.

(v) Ten firefighters appointed by the Governor, to whom the following shall apply:

(A) One member shall be the President, or designee of the President, of the International Association of Firefighters in a fire company in a city of the first class, second class or third class with a population of at least 115,000 based on the most recent census, so long as the fire company is

not a member of the Pennsylvania Professional Firefighters Association.

(B) Except for the member under clause (A), the following apply:

(I) One member shall be a certified fire service instructor. (II) Members shall be:

(a) current members of a fire company or currently serving or have served within the past five years as a chief officer or administrative officer of a fire company; and

(b) certified as Firefighter I or its equivalent. (III) One member shall be selected from each of the following regions:

(a) Region 1 - Crawford, Erie, Forest, Venango and Warren Counties.

(b) Region 2 - Allegheny, Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Lawrence, Mercer, Somerset, Washington and Westmoreland Counties.

(c) Region 3 - Cameron, Clarion, Clearfield, Elk, Jefferson and McKean Counties.

(d) Region 4 - Bedford, Blair, Centre, Fulton, Huntingdon, Juniata, Mifflin and Snyder Counties.

(e) Region 5 - Bradford, Clinton, Lycoming, Potter, Sullivan, Tioga and Union Counties.

(f) Region 6 - Adams, Cumberland, Dauphin, Franklin, Lancaster, Lebanon, Perry and York Counties.

(g) Region 7 - Berks, Columbia, Luzerne, Montour, Northumberland, Schuylkill and Wyoming Counties.

(h) Region 8 - Carbon, Lackawanna, Lehigh, Monroe, Northampton, Pike, Susquehanna and Wayne Counties.

(i) Region 9 - Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.

(2) Members of the board shall serve at the pleasure of their appointing authority.

(3) 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 nonvoting members of the board.

(4) The Governor shall appoint the following as nonvoting members of the board:

(i) The director of the agency.

(ii) The Director of the Bureau of Emergency Medical Services of the Department of Health.

(iii) Representatives of the following:

(A) The Pennsylvania Association of Hazardous Materials Technicians.

(B) The Pennsylvania Association of Fire Equipment Distributors.

(C) The County Commissioners Association of Pennsylvania.

(D) The Pennsylvania Municipal League.

(E) The Pennsylvania State Association of Township Commissioners.

(F) The Pennsylvania State Association of Township Supervisors.

(G) The Pennsylvania State Association of Boroughs.

(H) The Pennsylvania Association of Councils of Governments.

(I) Trade associations.

(J) Fire equipment and apparatus vendors.

(K) Members of the public.

(5) Members of the board initially appointed by the Governor under paragraph (1)(v) shall serve an initial term of two years as designated by the Governor at the time of appointment. Upon the expiration of the initial term of office of each member of the board as appointed under paragraph (1)(v), the member shall hold office for a term of four years and may continue to hold office for a period of time not to exceed six months or until a successor is appointed and qualified, whichever occurs first. Upon the death, resignation or removal from office of any person so appointed, the Governor shall appoint a competent person to serve for the unexpired term.

(6) Upon the completion of a member's term who was appointed under paragraph (1)(v)(A), the Governor shall not appoint the succeeding member from the same class of city as the previous two outgoing members.

(b) Expenses.--Members of the board shall receive reimbursement for reasonable travel and other necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations.

(c) Meetings.--The board shall meet at least quarterly or at the times and places as called upon by the commissioner. All meetings of the board shall comply with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(d) Duties.--The board shall advise the commissioner on matters pertaining to the following:

(1) Legislation.

(2) Innovative programming.

(3) Standards of cover for municipalities.

(4) Operation of the Pennsylvania State Fire Academy.

(5) Any other matters as the commissioner may request or as directed by the General Assembly. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) Cross References. Section 7386 is referred to in section 7203 of this title.
35 Pa.C.S. § 79B11 — PA Code / Title 35 / Chapter 79 / Section 79B11
Establishment.
Status: in_force

The Active Volunteer Tuition and Loan Assistance Program is established within the agency to provide tuition or loan assistance to active volunteers with volunteer organizations who are students at approved institutions of higher learning. Cross References. Section 79B11 is referred to in section 79B01 of this title.
35 Pa.C.S. § 3315 — PA Code / Title 35 / Chapter 33 / Section 3315
Reporting.
Status: in_force

The council shall provide an annual report of its financial expenditures to the Appropriations Committee and Health and Human Services Committee of the Senate and the Appropriations Committee, the Health Committee and the Human Services Committee of the House of Representatives.
35 Pa.C.S. § 7503 — PA Code / Title 35 / Chapter 75 / Section 7503
Powers and duties of political subdivisions.
Status: in_force

Each political subdivision shall, either individually or pursuant to the provisions of the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, adopt an Intergovernmental Cooperation agreement with other political subdivisions to:

(1) Prepare, maintain and keep current a disaster emergency management plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan.

(2) Establish, equip and staff an emergency operations center, consolidated with warning and communication systems to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency functions.

(3) Provide individual and organizational training programs to insure prompt, efficient and effective disaster emergency services.

(4) Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.

(5) Adopt and implement precautionary measures to mitigate the anticipated effects of disaster.

(6) Execute and enforce such rules and orders as the agency shall adopt and promulgate under the authority of this part.

(7) Cooperate and coordinate with any public and private agency or entity in achieving any purpose of this part.

(8) Have available for inspection at its emergency operations center all emergency management plans, rules and orders of the Governor and the agency.

(9) Provide prompt and accurate information regarding local disaster emergencies to appropriate Commonwealth and local officials and agencies and the general public.

(10) Participate in all tests, drills and exercises, including remedial drills and exercises, scheduled by the agency or by the Federal Government.

(11) Participate in the program of integrated flood warning systems under section 7313(6) (relating to powers and duties). (July 13, 1988, P.L.501, No.87, eff. imd.) 1988 Amendment. Act 87 amended the intro. par. and added pars. (10) and (11). References in Text. The act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, referred to in the introductory paragraph, was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Title 53 (Municipalities Generally).

Cross References. Section 7503 is referred to in section 7707 of this title.
35 Pa.C.S. § 5311.19 — PA Code / Title 35 / Chapter 53 / Section 5311.19
Local notification (Repealed).
Status: repealed

2024 Repeal. Section 5311.19 was repealed November 18, 2024, P.L.1186, No.147, effective immediately.
35 Pa.C.S. § 7361 — PA Code / Title 35 / Chapter 73 / Section 7361
Scope of subchapter.
Status: in_force

This subchapter relates to fire companies and emergency medical services companies. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 7811 — PA Code / Title 35 / Chapter 78 / Section 7811
Establishment.
Status: in_force

The Fire Company Grant Program is established and shall be administered by the commissioner. Grants provided under this program shall be used to improve and enhance the capabilities of fire companies to provide firefighting, ambulance and rescue services.

(June 29, 2012, P.L.663, No.78, eff. imd.; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 7311 — PA Code / Title 35 / Chapter 73 / Section 7311
Creation.
Status: in_force

To assure prompt, proper and effective discharge of basic Commonwealth responsibilities relating to civil defense and disaster preparedness, operations and recovery, there is hereby formally created the Pennsylvania Emergency Management Agency. State Council of Civil Defense. See section 2 of Act 323 of 1978 in the appendix to this title for special provisions relating to the transfer to the Pennsylvania Emergency Management Agency of personnel, appropriations, equipment, etc., of the State Council of Civil Defense.
35 Pa.C.S. § 7339 — PA Code / Title 35 / Chapter 73 / Section 7339
Immunity.
Status: in_force

All activities performed under the intrastate mutual aid system are deemed to be governmental functions. For the purposes of liability, all persons responding under the operational control of the requesting political subdivision shall be deemed to be employees of the requesting participating political subdivision. Except in cases of willful misconduct, gross negligence or bad faith, neither the participating political subdivisions nor their employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the system. This subchapter shall provide no immunity, rights or privileges for any individual responding to an incident where the response has not been requested by a participating political subdivision.
35 Pa.C.S. § 5311.10 — PA Code / Title 35 / Chapter 53 / Section 5311.10
Agency funding for wireless E-911 support (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.10 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7383 — PA Code / Title 35 / Chapter 73 / Section 7383
State Fire Commissioner.
Status: in_force

(a) State Fire Commissioner.--There shall be a State Fire Commissioner, who shall report to the Governor on all matters concerning fire services in this Commonwealth. The Office of the State Fire Commissioner shall be within the agency for administrative purposes only, and the commissioner shall not report to the director of the agency. The commissioner shall have the power and duty to:

(1) Serve as the primary representative for fire services in this Commonwealth. The commissioner shall work with Federal agencies to ensure coordination at the State and local levels.

(2) Serve as chair of the board.

(3) Develop curriculum and provide and assist in the coordination of fire, rescue and emergency services training, including online training and issue certifications.

(4) Administer the State Fire Academy.

(5) Collect data, provide analysis and periodic reports and serve as a focal point for information relative to fires, property damage, injuries to the public and firefighters and the loss of life.

(6) Conduct after-action reports on significant incidents that involve firefighter deaths and significant injuries.

(7) Administer grant and loan programs for fire, ambulance and rescue organizations in accordance with this title or as otherwise provided by law, including assistance for firefighter relief associations, the Pennsylvania Fire and Emergency Medical Services Loan Program, fire and emergency medical services loan assistance, fire and emergency medical services grants and money received by the Office of State Fire Commissioner from the Unconventional Gas Well Fund.

(8) Assist with Statewide recruitment and retention efforts.

(9) Hire regional technical advisors to assist fire companies with grant and loan assistance, mergers, consolidation and regionalization and promote best practices for systems improvements.

(10) Promote public education and community risk reduction efforts.

(11) Administer a fire equipment distributor certification program as provided by law.

(b) Transfer.--(Deleted by amendment).

(c) Qualifications and appointment.--The commissioner shall be a person who, by reason of training, experience and

attainment, is qualified to coordinate services. The commissioner shall have served as a chief officer or administrative officer in a municipal, combination or volunteer fire company. The commissioner shall be appointed by the Governor subject to the consent of a majority of the members elected to the Senate.

(d) Fireworks safety education.--Money transferred under 3 Pa.C.S. § 1113(a)(7) (relating to disposition of certain funds) shall be used by the commissioner for a public safety campaign on the precautions that should be taken when using fireworks. The commissioner may use up to $50,000 of the money transferred for administrative costs. (Oct. 29, 2020, P.L.739, No.91; Nov. 3, 2022, P.L.1674, No.104, eff. imd.) 2022 Amendment. Act 104 added subsec. (d). 2020 Amendment. Act 91 amended the entire section, effective January 1, 2022, as to subsec. (c) and 60 days as to the remainder of the section.
35 Pa.C.S. § 5311.25 — PA Code / Title 35 / Chapter 53 / Section 5311.25
Limitation of liability.
Status: in_force

A local exchange carrier, Internet service provider, manufacturer or provider of MLTS, MLTS manager, MLTS operator or 911 service provider shall not be liable for civil damages or penalties as a result of any act or omission, except willful or wanton misconduct, in connection with developing, adopting, operating or implementing any plan or system required under this chapter. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015) 2015 Amendment. Act 12 added section 5311.25.
35 Pa.C.S. § 5311.13 — PA Code / Title 35 / Chapter 53 / Section 5311.13
Enforcement (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.13 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7315 — PA Code / Title 35 / Chapter 73 / Section 7315
Pennsylvania State Fire Commissioner (Repealed).
Status: repealed

1995 Repeal. Section 7315 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.
35 Pa.C.S. § 5313 — PA Code / Title 35 / Chapter 53 / Section 5313
Legislative report.
Status: in_force

Within two years of the effective date of this section, the agency, in consultation with the board, shall prepare and submit to the General Assembly a report and recommendations on the impacts of current and anticipated technological and market changes on the provision of 911 communications service, including:

(1) the structure and adequacy of the surcharge and fund provided for under this chapter;

(2) other local revenue options to support 911 services; and

(3) any benefits that could be derived from dispatching all 911 calls from county PSAPs. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015) 2015 Amendment. Act 12 added section 5313.
35 Pa.C.S. § 5312.1 — PA Code / Title 35 / Chapter 53 / Section 5312.1
Legislative study (Repealed).
Status: repealed

2015 Repeal. Section 5312.1 was repealed June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7411 — PA Code / Title 35 / Chapter 74 / Section 7411
Scope of subchapter.
Status: in_force

This subchapter relates to relief associations.
35 Pa.C.S. § 3301 — PA Code / Title 35 / Chapter 33 / Section 3301
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Health Care Cost Containment Act.
35 Pa.C.S. § 5311.5 — PA Code / Title 35 / Chapter 53 / Section 5311.5
Disbursement of fund amounts by agency (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.5 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 79B19 — PA Code / Title 35 / Chapter 79 / Section 79B19
Verification of active volunteer status.
Status: in_force

(a) Self-certification.--An individual shall sign and submit an application to the chief of a volunteer fire company or the supervisor or chief of the emergency medical services agency to attest that the individual is an active volunteer.

(b) Injured volunteer.--Notwithstanding the volunteer requirements under the program, an individual who was injured while responding to an emergency as an active volunteer who can no longer serve as an active volunteer because of the injury and who would otherwise be eligible for the program shall be eligible to participate in the program for five years from the date of the injury if able to do so or under subsection (a) or

(b), as appropriate.

(c) Local sign-off.--The chief and another officer of the volunteer fire company and the supervisor or chief and another officer of the emergency medical services agency shall sign the application attesting that the individual is an active volunteer under subsection (a) or that the individual can no longer serve as an active volunteer due to injury under subsection (b). The application shall then be forwarded to the agency for final review and processing.
35 Pa.C.S. § 3311 — PA Code / Title 35 / Chapter 33 / Section 3311
Research and demonstration projects.
Status: in_force

The council shall actively encourage research and demonstrations to design and test improved methods of assessing provider quality, provider service effectiveness, efficiency and cost containment. If no data submission requirements in a mandated demonstration exceed the current reserve field on the Pennsylvania Uniform Claims and Billing Form, the council may:

(1) Authorize contractors engaged in health services research selected by the council, under section 3314 (relating to contracts with vendors), to have access to the council's raw data files, if the entity assumes a contractual obligation imposed by the council to assure patient identity confidentiality.

(2) Place data sources participating in research and demonstrations on different data submission requirements from other data sources in this Commonwealth.

(3) Require data source participation in research and demonstration projects if this is the only testing method the council determines is promising.
35 Pa.C.S. § 5601 — PA Code / Title 35 / Chapter 56 / Section 5601
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commission." The Pennsylvania Commission on Crime and Delinquency.

"Eligible applicant." A nonprofit organization.

"Eligible project." Security enhancements designed to protect the safety and security of the users of a facility located in this Commonwealth that is owned or operated by a nonprofit organization.

"Facility." A building or portion of a building owned or operated by a nonprofit organization and used to carry out the organization's mission, including community space, community centers, day-care or adult care facilities.

"Fund." The Nonprofit Security Grant Fund established under section 5602 (relating to Nonprofit Security Grant Fund).

"Nonprofit organization." A corporation or other entity based in this Commonwealth which:

(1) is an exempt organization as defined under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)); and

(2) principally serves individuals, groups or institutions that are included within a bias motivation category for single bias hate crime incidents identified by the Federal Bureau of Investigation in its 2017 Hate Crime Statistics publication under the Uniform Crime Reporting Program.

"Security enhancements." The term includes:

(1) Safety and security planning.

(2) Purchase of safety and security equipment.

(3) Purchase of security-related technology, which may include, but is not limited to:

(i) Metal detectors.

(ii) Protective lighting.

(iii) Surveillance equipment.

(iv) Special emergency communications equipment.

(v) Electronic locksets.

(vi) Deadbolts.

(vii) Trauma kits.

(viii) Theft control devices.

(4) Safety and security training.

(5) Threat awareness and response training.

(6) Upgrades to existing structures that enhance safety and security.

(7) Vulnerability and threat assessments.

(8) Specialty trained canines.

(9) Any other safety- or security-related project that enhances safety or security of the nonprofit organization.
35 Pa.C.S. § 5311.9 — PA Code / Title 35 / Chapter 53 / Section 5311.9
Immunity (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.9 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 79A12 — PA Code / Title 35 / Chapter 79 / Section 79A12
Claim.
Status: in_force

(a) Eligibility.--An individual who satisfies all of the following criteria may claim a tax credit established under this chapter:

(1) The individual is subject to a tax of a municipality that has established a tax credit under this chapter.

(2) The individual is certified under section 79A23 (relating to certification).

(b) Return.--An active volunteer may claim a tax credit provided for under this chapter when filing a joint return. The tax return form shall provide a mechanism for separating the liability of an individual for any earned income tax imposed by the school district of residence from the liability of an individual for any earned income tax imposed by the municipality.
35 Pa.C.S. § 7306 — PA Code / Title 35 / Chapter 73 / Section 7306
Appropriation of Federal funds.
Status: in_force

All moneys received from the Federal Government for the purpose of disaster assistance or relief, including assistance as specified under sections 7302 (relating to temporary housing), 7303 (relating to debris and wreckage removal) and 7304 (relating to community disaster loans), shall be paid into the General Fund.
35 Pa.C.S. § 7331 — PA Code / Title 35 / Chapter 73 / Section 7331
Purpose of subchapter.
Status: in_force

The purpose of this subchapter is to create a system of intrastate mutual aid between participating political subdivisions within this Commonwealth, whereby each participating political subdivision recognizes that emergencies transcend the boundaries of a political subdivision and that intergovernmental coordination is essential for the protection of lives and property and for the best use of available public and private assets. The system shall provide for mutual assistance among the participating political subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community to respond. The system shall provide for mutual cooperation among the participating subdivisions in conducting exercises, testing or other training activities.
35 Pa.C.S. § 5731 — PA Code / Title 35 / Chapter 57 / Section 5731
Remotely located individual (Expired).
Status: reserved

2021 Expiration. Section 5731 expired August 9, 2021. See House Resolution 106 of 2021.
35 Pa.C.S. § 8107 — PA Code / Title 35 / Chapter 81 / Section 8107
Pennsylvania Trauma Systems Foundation.
Status: in_force

(a) Trauma center accreditation.--The foundation shall develop a private voluntary accreditation program to:

(1) Establish standards for the operation of trauma centers that receive or seek to receive Commonwealth funds, adopting, at a minimum, current guidelines for trauma centers defined by the American College of Surgeons. Additionally, Level III trauma centers shall meet accreditation criteria for Level III trauma centers imposed by the act of March 24, 2004, (P.L.148, No.15), known as the Pennsylvania Trauma Systems Stabilization Act. For the purpose of reaccreditation, the standards shall require, at a minimum, that each adult Level I and Level II trauma center treat at least 600 severe and urgent injury cases per year.

(2) Evaluate a hospital making application to the foundation to determine if the hospital meets the foundation's standards. An evaluation shall include hospital site visits by accreditation survey teams composed of independent, qualified persons selected by the foundation.

(3) Issue certificates of accreditation to hospitals that meet the accreditation standards. Certificates of accreditation shall be valid for a period not to exceed three years. Certificates of accreditation may be revoked by the foundation if it is determined that the trauma center no longer meets accreditation standards as set forth in this chapter.

(4) Establish an appeal mechanism for reconsideration of accreditation decisions.

(b) Judicial review.--A person aggrieved by a determination of the foundation under this section may file a petition for review within 30 days in an appropriate court of common pleas.

(c) Prohibition.--No hospital shall hold itself out as a trauma center unless it has a current certificate of accreditation issued under this section.

(d) Board of directors.--The board of directors of the foundation shall consist of the following voting members: five representatives of State organizations representing physicians; five representatives of State organizations representing hospitals; three representatives of State organizations representing registered professional nurses; two representatives of other Statewide EMS organizations having expertise in the delivery of trauma services; the chairman and minority chairman of the Public Health and Welfare Committee of the Senate or designees chosen from among the members of the committee; the chairman and minority chairman of the Health and Human Services Committee of the House of Representatives or designees chosen from among the members of the committee; and the Secretary of Health or a designee. The bylaws of the foundation shall identify a method to select members to achieve professional and geographic balance on the board of directors. Terms of office shall be limited to three years.

(e) Data collection.--The foundation shall compile and maintain statistics on mortality and morbidity on multisystem trauma victims. The data collection shall be coordinated and performed in conjunction with State data collection activities. (July 2, 2019, P.L.359, No.54, eff. imd.) 2019 Amendment. Act 54 amended subsec. (a)(1). Cross References. Section 8107 is referred to in sections 8105, 8107.1 of this title.
35 Pa.C.S. § 8134 — PA Code / Title 35 / Chapter 81 / Section 8134
Basic life support squad vehicles.
Status: in_force

(a) Purpose.--A BLS squad vehicle transports an EMS provider, along with basic EMS equipment and supplies, to respond prior to arrival of an ambulance in order to provide EMS at or below the advanced EMT level of care. A BLS squad vehicle is not utilized to transport patients.

(b) Staffing requirements.--Minimum staffing for a BLS squad vehicle when responding to a call to provide EMS for a patient is one EMS provider at or above the EMT level and an EMS vehicle operator, except that an EMS provider who is also an EMS vehicle operator may staff the vehicle alone. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8134 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093. Cross References. Section 8134 is referred to in section 8129 of this title.
35 Pa.C.S. § 8132 — PA Code / Title 35 / Chapter 81 / Section 8132
Advanced life support squad vehicles.
Status: in_force

(a) Purpose.--An ALS squad vehicle transports EMS providers above the advanced EMT level, along with equipment and supplies, to rendezvous with an ambulance crew or to respond prior to arrival of an ambulance, in order to provide medical assessment, monitoring, treatment and observation of a patient who requires EMS at or above the skill level of an advanced EMT. An ALS squad vehicle does not transport patients.

(b) Staffing requirements.--Minimum staffing for an ALS squad unit responding to a call to provide EMS for a patient who requires EMS above the skill level of an advanced EMT shall be one EMS provider above the advanced EMT level and one EMS vehicle operator, except that the EMS provider may staff the vehicle alone if the EMS provider is also an EMS vehicle operator. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8132 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093. Cross References. Section 8132 is referred to in section 8129 of this title.
35 Pa.C.S. § 8112.1 — PA Code / Title 35 / Chapter 81 / Section 8112.1
Scholarships for recruitment, training and retention.
Status: in_force

(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 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).

(2) Reimburse EMS agencies for recruitment and retention costs, which are to be determined by the department's Bureau of Emergency Medical Services.

(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 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 shall select three institutions of higher education to offer a pilot program. The Bureau of Emergency Medical Services of the Department of Health, 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 under subparagraph (i) shall operate the pilot program by entering into an 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 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 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 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 on a form approved by the department.

(c) Form.--The scholarships shall be in the form of:

(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.

(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 for administrative costs.

(e) Annual reports.--

(1) The Bureau of Emergency Medical Services of the Department of Health 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 shall submit the annual 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 publicly accessible Internet website. (Nov. 3, 2022, P.L.1674, No.104, eff. imd.) 2012 Amendment. Act 104 added section 8112.1.
35 Pa.C.S. § 8133 — PA Code / Title 35 / Chapter 81 / Section 8133
Basic life support ambulances.
Status: in_force

(a) Purpose.--A BLS ambulance crew provides medical assessment, triage, monitoring, treatment, transportation and observation of patients who require EMS at or below the skill level of an advanced EMT and also transports patients who require EMS above the skill level of an advanced EMT when an EMS provider above the level of an advanced EMT rendezvous with the BLS ambulance before or during transport of the patient and accompanies the patient during the transport after arrival.

(b) Staffing requirements.--

(1) Except as provided under paragraph (2) or subsection

(c)(1), minimum staffing for a BLS ambulance when responding to a call to provide EMS is an ambulance attendant, EMR or EMT, a second EMS provider at or above the EMT level and an EMS vehicle operator, except that only the two EMS providers need to respond if one of them is also the EMS vehicle operator. When present, an EMS provider above the EMR level must attend to the patient at the scene and during patient transportation.

(2) Two years after the effective date of this section, the minimum staffing for a BLS ambulance when responding to a call to provide EMS is an EMS provider at or above the EMR level, an EMS provider at or above the EMT level and an EMS vehicle operator, except that only two EMS providers need to respond if one of them is also the EMS vehicle operator. When present, an EMS provider above the EMR level must attend to the patient at the scene and during patient transportation.

(3) If dispatched to provide EMS for a patient who requires EMS above the skill level of an advanced EMT, the BLS ambulance shall respond as set forth in this subsection. If the BLS ambulance crew members arrive at the scene before a higher-level EMS provider of an ALS ambulance or ALS squad vehicle, the BLS crew members shall provide EMS to the

patient at their skill level, including transportation of the patient to a receiving facility if needed, until higher-level EMS is afforded by the arrival of a higher-level EMS provider, after which the BLS ambulance crew shall relinquish primary responsibility for the patient to the higher-level EMS provider.

(4) When transporting from a sending hospital a patient who requires EMS above the skill level of an advanced EMT, if a registered nurse, physician assistant or physician from the sending or receiving hospital joins the ambulance crew, brings on board the ambulance all equipment and supplies to provide the patient with reasonably anticipated EMS above the skill level of an advanced EMT and attends to the patient during the patient transportation, the minimum staffing requirements for the BLS ambulance are as set forth in paragraphs (1) and (2).

(c) Exceptions.--

(1) The minimum staffing requirements at the time of transport for a BLS ambulance to provide EMS is an EMS vehicle operator and an EMS provider at or above the level of an EMT. When present, an EMS provider at or above the level of an EMT shall attend to the patient at the scene and during patient transportation.

(2) This subsection shall expire April 29, 2027. (Apr. 29, 2020, P.L.118, No.17, eff. 60 days; July 11, 2022, P.L.760, No.72, eff. 60 days) 2022 Amendment. Act 72 amended subsecs. (b)(1) and (c). Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8133 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093. Cross References. Section 8133 is referred to in section 8129 of this title.
35 Pa.C.S. § 8124 — PA Code / Title 35 / Chapter 81 / Section 8124
Emergency medical services instructors.
Status: in_force

(a) Certification.--An EMS instructor's certification is permanently subject to disciplinary action under this section. The department shall certify as an EMS instructor a person who:

(1) Completes an application for an EMS instructor's certification on a form or through an electronic application process, as prescribed by the department.

(2) Is at least 18 years of age.

(3) Has successfully completed an EMS instructor's course approved by the department or possesses a bachelor's degree in education, a teacher's certification in education or a doctorate or master's degree.

(4) Is certified and currently registered as an EMT or higher-level EMS provider.

(5) Possesses current certification in a CPR course acceptable to the department or current certification as a CPR instructor.

(6) Has at least one year's experience working as an EMT or higher-level EMS provider.

(7) Has provided at least 20 hours of monitored instruction time in an EMS provider's certification program.

(b) Triennial registration.--

(1) An EMS instructor's certification is deemed registered for three years after issuance. An EMS instructor shall register the EMS instructor's certification at three-year intervals by completing an application for triennial registration on a form or through an electronic process, as prescribed by the department. An EMS instructor may not teach in an accredited EMS institute, pursuant to an EMS instructor's certification, unless the certification is currently registered. The department shall issue a triennial registration of an EMS instructor's certification to an EMS instructor who:

(i) Has completed an application for triennial registration on a form or through an electronic application process, as prescribed by the department.

(ii) Has a current registration and applies for a new registration no later than 30 days before the current registration is to expire or within a lesser time as the department may establish by regulation.

(iii) Has taught at least 60 hours of EMS provider's certification or rescue courses approved by the department during the previous three years.

(iv) Is certified and currently registered as an EMT or higher-level EMS provider.

(v) Possesses current certification in a CPR course acceptable to the department or current certification as a CPR instructor.

(2) An EMS instructor whose registration as an EMS instructor's certification has expired shall qualify for a triennial registration of the certification as prescribed by regulation of the department.

(c) Regulations.--The department may adopt regulations to set standards for EMS instructors in providing instruction in EMS institutions.

(d) Grounds for discipline.--The department may impose discipline against an EMS instructor for the following reasons:

(1) Any reason an EMS provider may be disciplined under section 8121 (relating to certification sanctions).

(2) Providing instruction while under the influence of alcohol or illegal drugs or the knowing abuse of legal drugs.

(3) Failing to perform a duty imposed upon an EMS instructor by this chapter or a related regulation.

(4) Other reasons as determined by the department that pose a threat to the health, safety or welfare of students.

(e) Disciplinary options.--If the department is empowered to impose discipline against an individual under this section, the department may do one or more of the following:

(1) Deny the application for certification.

(2) Issue a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict the certification.

(4) Impose a civil money penalty not exceeding $1,000 for each incident in which the EMS instructor engages in conduct that constitutes a basis for discipline.

(5) Stay enforcement of any suspension, revocation or other discipline and place the individual on probation with the right to vacate the probationary order for noncompliance.

(f) Construction.--This section shall not be construed to require the certification as EMS instructors of all instructors of EMS courses accepted toward educational requirements for EMS provider's certification or toward continuing education requirements for the registration of EMS provider's certifications.
35 Pa.C.S. § 5503 — PA Code / Title 35 / Chapter 55 / Section 5503
Epinephrine auto-injectors for authorized entities.
Status: in_force

(a) Prescribing and dispensing.--Notwithstanding any provision of law to the contrary, a health care practitioner with prescriptive authority may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section. Pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.

(b) Supply.--

(1) An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The epinephrine auto-injectors shall be stored:

(i) in a location readily accessible in an emergency; and

(ii) in accordance with:

(A) the epinephrine auto-injector's instructions for use; and

(B) any additional requirements that may be established by the department.

(2) An authorized entity shall designate employees or agents who have completed the training required under subsection (d) to be responsible for the storage, maintenance, control and general oversight of epinephrine auto-injectors acquired by the authorized entity.

(c) Use.--An employee or agent of an authorized entity or other individual associated with the entity who has completed the training required under subsection (d) may use epinephrine auto-injectors prescribed under subsection (a) to do any of the following:

(1) Provide an epinephrine auto-injector for immediate administration to any individual, or the parent, guardian or caregiver of the individual, who the employee, agent or other individual associated with the entity believes, in good faith, is experiencing anaphylaxis, regardless of

whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

(2) Administer an epinephrine auto-injector to any individual who the employee, agent or other individual believes, in good faith, is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

(d) Training.--

(1) An employee or agent of the authorized entity or other individual associated with the entity shall complete an anaphylaxis training program as required by the department. The training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment, a health care practitioner employed or contracted by the authorized entity or an entity or individual approved by the department. The department may approve specific entities or individuals or may approve classes of entities or individuals to conduct the training. Training may be conducted online or in person and, at a minimum, shall cover:

(i) how to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

(ii) standards and procedures for the storage and administration of an epinephrine auto-injector; and

(iii) emergency follow-up procedures.

(2) The entity or individual that conducts the training shall issue a certificate, on a form developed or approved by the department, to each individual who successfully completes the anaphylaxis training program.

(e) Good Samaritan protections.--

(1) The following shall not be liable for any injuries or related damages that result from any act or omission taken under this section:

(i) An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents and other individuals associated with the entity;

(ii) a health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity;

(iii) a pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity; and

(iv) an individual or entity that conducts the training described under subsection (d).

(2) The immunity provided under paragraph (1) shall not apply to acts or omissions constituting intentional misconduct or gross negligence.

(3) The administration of an epinephrine auto-injector in accordance with this section shall not be considered the practice of medicine or any other profession that otherwise requires licensure.

(4) This subsection shall not eliminate, limit or reduce any other immunity or defense that may be available under law, including that provided under 42 Pa.C.S. § 8332 (relating to emergency response provider and bystander good Samaritan civil immunity).

(5) An entity located in this Commonwealth shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this Commonwealth if the entity:

(i) would not have been liable for the injuries or related damages had the provision or administration occurred within this Commonwealth; or

(ii) is not liable for the injuries or related damages under the law of the state in which the provision or administration occurred.
35 Pa.C.S. § 7111 — PA Code / Title 35 / Chapter 71 / Section 7111
Interstate civil defense and disaster compact enacted.
Status: in_force

The Interstate Civil Defense and Disaster Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:
35 Pa.C.S. § 7504 — PA Code / Title 35 / Chapter 75 / Section 7504
Coordination, assistance and mutual aid.
Status: in_force

(a) Responsibility for direction and coordination.--Direction of disaster emergency management services is the responsibility of the lowest level of government affected. When two or more political subdivisions within a county are affected, the county organization shall exercise responsibility for coordination and support to the area of operations. When two or more counties are involved, coordination shall be provided by the agency or by area organizations established by the agency.

(b) Assistance from higher government unit.--When all appropriate locally available forces and resources are fully committed by the affected political subdivision, assistance from a higher level of government shall be provided.

(c) Municipal mutual aid agreements.--County and local coordinators of emergency management shall develop mutual aid agreements with adjacent political subdivisions for reciprocal emergency assistance. The agreements shall be consistent with the plans and programs of the agency. In disaster emergencies, requests for mutual aid assistance shall be referred to the organization having responsibility for coordination as specified in subsection (a) and in time of emergency it shall be the duty of each local organization to render assistance in accordance with the provisions of the mutual aid agreements.

(d) Interstate mutual aid arrangements.--The coordinator of each local organization may, subject to approval of the Governor, enter into mutual aid arrangements with similar agencies or organizations in other states for reciprocal disaster emergency services.

(e) Ratification of agreements.--Mutual aid agreements shall be ratified by the governing bodies of the political subdivisions involved.

(f) Control of outside support forces.--Support forces furnished political subdivisions from outside its jurisdiction shall be under the operational control of the department, agency or office furnishing the force. Cross References. Section 7504 is referred to in section 7707 of this title.
35 Pa.C.S. § 8157 — PA Code / Title 35 / Chapter 81 / Section 8157
Adjudications and judicial review.
Status: in_force

Except as provided under this chapter for an emergency suspension, the department shall hold hearings and issue adjudications in accordance with 2 Pa.C.S. (relating to administrative law and procedure). The adjudications may be appealed to the Commonwealth Court under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).
35 Pa.C.S. § 7387 — PA Code / Title 35 / Chapter 73 / Section 7387
Appropriations.
Status: in_force

All appropriations for the commissioner shall be by a separate line item in the General Appropriation Act.
35 Pa.C.S. § 7435 — PA Code / Title 35 / Chapter 74 / Section 7435
Powers.
Status: in_force

(a) Specific powers.--When confirmed and sworn and displaying a badge of authority, special fire police shall have full power to regulate traffic and keep crowds under control at or in the vicinity of any fire on which their companies are in attendance and to exercise other police powers necessary to facilitate and prevent interference with the work of firemen in extinguishing fires. They shall also have the police powers necessary to perform their duties when functioning as special

fire police at any function, event or parade conducted by and under the auspices of a volunteer fire company, or another event, function or parade conducted by an organization other than a volunteer fire company, provided that the request to perform these duties is made by the governing body of the city, borough, town, township or home rule municipality in which the event will be conducted, or when accidents, floods or any other emergencies require performance of traffic-control and crowd-control duties. The duties may be performed without prior request from the governing body until the arrival of proper State, city, borough, town, township or home rule municipality police authority and thereafter subject to direction of the police authority until the emergency no longer exists. A person functioning as special fire police and performing a duty under any of the conditions in this subsection shall be deemed to be performing the duties of his employment.

(b) Identification.--Fire police performing the duties under this subchapter shall be identifiable by, at minimum, the wearing of a distinctive arm band, hat, uniform or insignia.

(c) Construction.--Under no circumstances shall this subchapter be construed to grant special fire police the right to use firearms or other weapons in the exercise of special fire police powers granted by this subchapter.
35 Pa.C.S. § 5311.8 — PA Code / Title 35 / Chapter 53 / Section 5311.8
Wireless provider and VoIP provider records (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.8 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7892 — PA Code / Title 35 / Chapter 78 / Section 7892
Expiration of authority relating to COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program.
Status: in_force

The authority of the agency to award grants under Subchapter C.1 (relating to COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program) shall expire six months after the effective date of this section. (May 29, 2020, P.L.207, No.26, eff. imd.; Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 renumbered former section 7841.1 to present section 7892.
35 Pa.C.S. § 79A33 — PA Code / Title 35 / Chapter 79 / Section 79A33
Duties of State Fire Commissioner.
Status: in_force

The State Fire Commissioner shall:

(1) Establish guidelines for municipalities, volunteer fire companies and nonprofit EMS agencies regarding the tax credit and post the guidelines online.

(2) Require municipalities and entities under this section to notify the State Fire Commissioner of the adoption of a tax credit.

(3) Provide an annual report on the tax credit authorized under this chapter to the chairperson and minority

chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives which shall include:

(i) Each municipality that provides the tax credit.

(ii) The amount of the tax credit. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 added section 79A33.
35 Pa.C.S. § 7433 — PA Code / Title 35 / Chapter 74 / Section 7433
Nomination.
Status: in_force

An entity under section 7431 (relating to scope of subchapter) may nominate any of its members as special fire police.
35 Pa.C.S. § 7201 — PA Code / Title 35 / Chapter 72 / Section 7201
Scope of chapter.
Status: in_force

This chapter relates to counterterrorism planning, preparedness and response.
35 Pa.C.S. § 7832.2 — PA Code / Title 35 / Chapter 78 / Section 7832.2
COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program.
Status: in_force

The following shall apply to any appropriation from money received by the Commonwealth under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136, 134 Stat. 281) for purposes of making grants under Subchapter C.1 (relating to COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program):

(1) The sum of $44,000,000 of the amount appropriated shall be expended for the purpose of making grants to eligible fire companies.

(2) The sum of $6,000,000 of the amount appropriated shall be expended for the purpose of making grants to eligible EMS companies.

(3) Notwithstanding paragraphs (1) and (2), the agency may use up to $200,000 of unencumbered funds from the amount appropriated for administrative costs for the implementation of Subchapter C.1. (May 29, 2020, P.L.207, No.26, eff. imd.) 2020 Amendment. Act 26 added section 7832.2.
35 Pa.C.S. § 7334 — PA Code / Title 35 / Chapter 73 / Section 7334
System.
Status: in_force

(a) Establishment.--An intrastate mutual aid system is established for the purpose of providing mutual aid within this Commonwealth.

(b) Participation.--

(1) All political subdivisions within this Commonwealth shall be a part of the system unless the political subdivision elects not to participate by enacting a resolution declaring their desire not to participate and by submitting a copy of the resolution to the agency and to its county emergency management agency.

(2) All political subdivisions within this Commonwealth shall consult with fire and emergency medical services providers to discuss the emergency services needs of the political subdivision.

(3) Any political subdivision that elects not to participate in the system, as provided under subsection (a), may at a later date elect to participate in the system by enacting a resolution declaring its desire to participate and by submitting a copy of the resolution to the agency and to its county emergency management agency.

(4) Participation by a political subdivision in the system of intrastate mutual aid established by this subchapter shall not be subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(c) Responsibilities.--It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within that political subdivision to do all of the following:

(1) Identify potential hazards that could affect the participating political subdivision using an identification system as developed by the committee common to all participating political subdivisions.

(2) Conduct joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions.

(3) Conduct joint training with contiguous participating political subdivisions at least biennially.

(4) Identify and inventory the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities of the participating political subdivisions in accordance with the National Incident Management System Integration Center resource management guidance.

(5) Adopt and implement the standardized incident management system approved by the agency.

(6) Adopt and implement the National Incident Management System requirements established by the United States Department of Homeland Security.
35 Pa.C.S. § 5103 — PA Code / Title 35 / Chapter 51 / Section 5103
Temporary regulations.
Status: in_force

In order to facilitate the prompt implementation of this chapter, each licensing board may issue temporary regulations. The following shall apply:

(1) The temporary regulations shall expire no later than two years after their issuance.

(2) The temporary regulations issued by each licensing board shall not be subject to:

(i) Sections 201, 202 and 203 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(ii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
35 Pa.C.S. § 5101 — PA Code / Title 35 / Chapter 51 / Section 5101
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"College." Any of the following:

(1) A medical college.

(2) A medical training facility, including a school of nursing and a school of optometry.

(3) A dental school.

(4) An osteopathic medical college or osteopathic medical training facility.

"Controlled substance." A drug, substance or immediate precursor included in Schedules II through V of section 4 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Licensing boards." The following:

(1) The State Board of Dentistry.

(2) The State Board of Medicine.

(3) The State Board of Nursing.

(4) The State Board of Optometry.

(5) The State Board of Osteopathic Medicine.

(6) The State Board of Podiatry.

"Opioid." Any of the following:

(1) A preparation or derivative of opium.

(2) A synthetic narcotic that has opiate-like effects but is not derived from opium.

(3) A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including an opioid agonist.
35 Pa.C.S. § 7422 — PA Code / Title 35 / Chapter 74 / Section 7422
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Discipline." The taking of an action against an employee which adversely affects his regular pay to an extent greater than permitted by section 7425 (relating to lost time), his job status, his opportunity for promotion or his right to any benefit granted by the employer to other similarly situated employees.

"Discriminate." To discharge or to discipline in a manner inconsistent with the employer's treatment of other similarly situated employees who are injured in the course of their employment or related activities.

"Employer." An individual, partnership, association, corporation, business trust or a person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee.

"Line of duty." Going to, coming from or during fire prevention and safety activities which includes fire prevention, first aid, rescue and salvage, ambulance service, fire police work, assistance at accidents, control of crowds both on the fire grounds and at occasions of public or general assembly, animal rescue, abatement of conditions due to storm, flood or general peril, abatement or removal of hazards to safety and other activities as are commonly undertaken by fire companies, ambulance services or rescue squads or their affiliated organizations.
35 Pa.C.S. § 8123 — PA Code / Title 35 / Chapter 81 / Section 8123
Suspension of certification.
Status: in_force

(a) Temporary suspensions.--The department may temporarily suspend the certification of an EMS provider or EMS vehicle operator without a hearing if the department determines that the person is a clear and immediate danger to the public health and safety. Notice to a provider or operator of a temporary suspension shall include a written statement of the underlying factual allegations. After issuance of the notice, the department shall commence formal disciplinary action against the person under section 8121 (relating to certification sanctions) or 8122 (relating to emergency medical services vehicle operators). Within 30 days following the issuance of an order temporarily suspending the certification, the department shall conduct a preliminary hearing to determine if there is a prima facie case supporting the temporary suspension. The person may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses and offer testimony and other evidence. If the department determines that there is not a prima facie case, the suspension shall be lifted immediately. If the department determines that there is a prima facie case, the temporary suspension shall remain in effect until vacated by the department, but not longer than 180 days unless agreed upon by the parties.

(b) Automatic suspensions.--The department shall automatically suspend a certification issued under this chapter upon receiving a certified copy of court records establishing that the person has been adjudicated as incapacitated under 20 Pa.C.S. § 5511 (relating to petition and hearing; independent evaluation) or an equivalent statutory provision. The department shall lift the suspension upon the person establishing to the department that the person has been adjudicated to have regained

capacity under 20 Pa.C.S. § 5517 (relating to adjudication of capacity and modification of existing orders) or an equivalent statutory provision.
35 Pa.C.S. § 7313 — PA Code / Title 35 / Chapter 73 / Section 7313
Powers and duties.
Status: in_force

The agency shall have the following powers and duties:

(1) To prepare, maintain and keep current a Pennsylvania Emergency Management Plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery. The plan may include provisions for:

(i) Preparedness standards established by the Federal Emergency Management Agency.

(ii) Commonwealth and local disaster emergency management responsibilities.

(iii) Assistance to Commonwealth agencies, local government officials, schools and custodial child care facilities in designing emergency management plans and training programs.

(iv) Organization of manpower, chains of command, continuity of government in emergency situations and emergency operational principles.

(v) Coordination of Federal, Commonwealth and local disaster emergency management activities.

(vi) Coordination of the Commonwealth Emergency Management Plan with the disaster plans of the Federal Government and those of other states.

(vii) Assistance to the Commonwealth and local governments in obtaining, utilizing and managing Federal and Commonwealth disaster assistance.

(viii) Supply to appropriate Commonwealth and local officials State catalogs of Federal, Commonwealth and private assistance programs.

(ix) Identification of areas particularly vulnerable to disasters.

(x) Recommendations for zoning, building and other land-use controls; safety measures pertaining to nonpermanent or semipermanent structures; resource conservation and allocation; and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact.

(xi) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage or loss from flood, conflagration or other disaster.

(2) To establish, equip and staff a Commonwealth and area emergency operations center with a consolidated Statewide system of warning and provide a system of disaster communications integrated with those of Federal, Commonwealth and local agencies involved in disaster emergency operations.

(3) To promulgate, adopt and enforce such rules, regulations and orders as may be deemed necessary to carry out the provisions of this part.

(4) To provide technical advice and assistance to Commonwealth agencies, political subdivisions, schools and custodial child care facilities in the preparation of disaster emergency management plans or components thereof and to periodically review such plans and suggest or require revisions.

(5) To establish and operate or assist political subdivisions in establishing and operating training programs and programs of public information.

(6) To supply appropriate Commonwealth and local agencies and officials and the general public with precautionary notices, watches and warnings relating to actual and potential disasters and to provide a flow of official information and instructions to the general public through all means available before, during and after an emergency. The agency shall implement a program of integrated flood warning systems among political subdivisions. The agency shall establish coordinated flood notification and early warning systems along prescribed major river basins and selected tributaries thereof in this Commonwealth.

(7) To provide emergency direction and control of Commonwealth and local emergency operations.

(8) To determine the need for, maintain information regarding and procure materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.

(9) To make or request of Commonwealth or local agencies and officials, studies, surveys and reports as are necessary to carry out the purposes of this part.

(10) To plan and make arrangements for the availability and use of any private facilities, services and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon.

(11) To prepare, for issuance by the Governor, executive orders, proclamations and regulations as necessary or appropriate in coping with disasters.

(12) To cooperate with the Federal Government and any public or private agency or entity in achieving any purpose of this part and in implementing programs for disaster prevention, preparation, response and recovery.

(13) To administer grant programs to political subdivisions for disaster management.

(14) To accept and coordinate assistance provided by Federal agencies in major disasters or emergencies in accordance with the provisions of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or reenactment thereof.

(15) To respond to disaster relating to atomic energy operations or radioactive objects or materials. Any such action taken and any regulations adopted by the office shall be inapplicable to any objects or materials possessing a radiation-producing capacity less than that set forth as the maximum safety limit by the standards endorsed and as may be subsequently endorsed by the United States Nuclear Regulatory Commission for the protection of life and property and the maintenance of health and safety.

(16) To take other action necessary, incidental or appropriate for the implementation of this part.

(17) To report annually to the General Assembly the state of preparedness of the Commonwealth to deal with attack or disaster and those significant events occurring within the past year.

(18) To recommend to the Governor legislation or other actions as deemed necessary in connection with the purposes of this part.

(19) To provide, from its own stockpiles or other sources, emergency operational equipment, materials and supplies required and available for essential supplementation of those owned, acquired and used by Commonwealth, county and local departments and agencies for attack and disaster operations. The agency shall establish two regional emergency supply warehouses. One shall be located in the western part of this Commonwealth, and one shall be located in the eastern part of this Commonwealth.

(20) For the period during which an emergency is declared by the Governor, to incur obligations for or purchase such materials and supplies as may be necessary to combat a disaster, protect the health and safety of persons and property and provide emergency assistance to victims of a disaster without complying with formal bidding or other time-consuming contract procedures.

(21) To require hydroelectric generating facilities and dam operators to do all of the following:

(i) Provide minimum competency testing for their operators.

(ii) Submit plans for flood notification and warning.

(22) Provide semiannual reports of all grants awarded by the agency from Federal disaster assistance or relief funds, homeland security and defense funds, avian flu/pandemic preparedness or other public health emergency funds to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives. The reports shall include information relating to the entity receiving grant money from the agency entities that received an award from funds under this paragraph, including the name and address of each entity, the amount of the grant, the date of issuance and the purpose of the grant. Reports shall be submitted by August 20 for grants awarded during the period from January 1 through June 30 and by February 20 for grants awarded during the period from July 1 through December 31. (July 13, 1988, P.L.501, No.87, eff. imd.; May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days; June 30, 2025, P.L.80, No.25, eff. imd.) 2025 Amendment. Act 25 added par. (22). 2004 Amendment. Act 73 amended pars. (1)(iii) and (4). 1996 Amendment. Act 2, 2nd Sp.Sess., amended par. (14). 1988 Amendment. Act 87 amended pars. (6), (19) and (20) and added par. (21). Cross References. Section 7313 is referred to in sections 7301, 7320, 7503 of this title.
35 Pa.C.S. § 79A03 — PA Code / Title 35 / Chapter 79 / Section 79A03
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Active volunteer." A volunteer for a volunteer fire company or nonprofit emergency medical services agency who has complied with the requirements of the volunteer service credit program and who is certified under section 79A23 (relating to certification).

"Commissioner." The State Fire Commissioner of the Commonwealth.

"Earned income tax." A tax on earned income and net profits levied under Chapter 3 of the Local Tax Enabling Act.

"Governing body." A governing body of a county, city council, borough council, incorporated town council, board of township commissioners, board of township supervisors, governing body of a school district, governing council of a home rule municipality or optional plan municipality or a governing

council of any similar purpose government which may be created by statute after the effective date of this section and which has adopted a tax credit under this chapter.

"Individual." A volunteer.

"Local Tax Enabling Act." The act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.

"Municipality." Any county, city, borough, incorporated town, township, home rule municipality, optional plan municipality, optional charter municipality, similar general purpose unit of government which may be created or authorized by statute or any school district.

"Nonprofit emergency medical services agency." An emergency medical services agency as defined in section 8103 (relating to definitions) and chartered as a nonprofit corporation.

"Tax credit." The tax credit granted under section 79A11 (relating to program authorization) or 79A13 (relating to real property tax credit).

"Volunteer." A member of a volunteer fire company or a nonprofit emergency medical services agency.

"Volunteer fire company." A nonprofit chartered corporation, association or organization located in this Commonwealth that provides fire protection services and may offer other voluntary emergency services within this Commonwealth.

"Volunteer service credit program." The program established under section 79A21 (relating to volunteer service credit program) to determine the active status of a volunteer. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended the defs. of "governing body" and "municipality."
35 Pa.C.S. § 5306.2 — PA Code / Title 35 / Chapter 53 / Section 5306.2
Uniform 911 surcharge.
Status: in_force

(a) Surcharge imposed.--Each subscriber or consumer shall pay a surcharge of $1.65 for each 911 communications service or prepaid wireless device for which that subscriber or consumer is billed by a provider or seller as provided for under this chapter. The surcharge shall be collected apart from and in addition to a fee levied by the provider or seller, in whole or in part, for the provision of 911 services. The surcharge shall be subject to the following:

(1) The surcharge shall be uniform, competitively neutral and in an equal amount for subscribers or consumers of all 911 communications services.

(2) Except as provided under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service), the surcharge shall be paid to the State Treasurer for deposit in the fund. The Treasurer may retain up to 1% of the remitted surcharge to pay expenses directly related to the cost of collection.

(3) No subscriber or consumer shall be required to pay more than one surcharge per number or device.

(b) Provider administrative costs.--Each provider collecting the surcharge may retain an amount not to exceed 1% of the gross receipts of surcharges collected as reimbursement for its actual administrative costs.

(c) Collection of surcharge.--The collection of the surcharge by each provider shall be subject to the following:

(1) Providers shall collect the surcharge on behalf of the agency as part of their billing process and shall have no obligation to take any legal action to enforce the collection of the surcharge. Action may be brought by or on behalf of the agency. Upon written request of the agency, each wireless provider shall annually provide a list of the names and addresses of those wireless service customers whose accounts are considered a bad debt as determined by the provider's books and records that have failed to pay the surcharge.

(2) Providers shall not be liable for the unpaid amounts.

(3) If a provider receives a partial payment for a monthly bill from a subscriber, the provider shall apply the payment against the amount the subscriber owes the provider first and shall remit to the State Treasurer the lesser amount, if any, resulting from the application.

(4) The surcharge shall not be:

(i) Subject to taxes or charges levied by the Commonwealth or a political subdivision of this Commonwealth or an intergovernmental agency for 911 funding purposes on a provider, seller or consumer with respect to the sale, purchase, use or provision of a communication service.

(ii) Considered revenue of the provider.

(5) Nothing under this chapter shall prevent a provider from recovering costs of implementing and maintaining 911 communications service directly from the provider's subscribers, whether itemized on the subscriber's bill or by any other lawful method.

(6) Funds remaining in a State or county 911 fund prior to the effective date of this section shall only be used for purposes relating to the operation of 911 systems. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015) 2015 Amendment. Act 12 added section 5306.2.
35 Pa.C.S. § 5 — PA Code / Title 35 / Chapter 5 / Section 5
Continuation of prior law.
Status: in_force

The amendment or addition of 35 Pa.C.S. §§ 8103, 8107.1, 8107.2, 8107.3, 8107.4, 8107.5 and 8107.6 is a continuation of
35 Pa.C.S. § 7714 — PA Code / Title 35 / Chapter 77 / Section 7714
Soliciting by first responder organizations.
Status: in_force

(a) Soliciting donations.--Notwithstanding 75 Pa.C.S. § 3545 (relating to pedestrians soliciting rides or business), a bona fide, duly constituted first responder organization may solicit donations in accordance with the following:

(1) The solicitation shall only occur at a controlled-intersection approach which contains a stop sign or a traffic signal.

(2) A first responder organization shall first obtain the written approval of the municipality where the solicitation occurs, subject to any conditions imposed in accordance with paragraph (3), and then the written approval of the Department of Transportation for highways under its jurisdiction. The municipality and the Department of Transportation, for highways under its jurisdiction, may base the decision regarding approval or disapproval on public safety or traffic operations issues. Approval may be revoked or modified if concerns are raised due to public safety or traffic operations issues.

(3) The municipality shall be permitted to establish limitations on the solicitation, including, but not limited to, any of the following:

(i) Duration of the solicitation.

(ii) The time of day when solicitation shall occur.

(iii) The number of individuals engaging in solicitation.

(iv) Additional safety precautions, including signage and availability of first aid.

(4) A solicitor on behalf of a first responder organization shall adhere to the following:

(i) The solicitor must have both liability and workers' compensation insurance acceptable to the municipality provided by the organization for which the solicitor is soliciting if the solicitor is a bona fide member of the organization.

(ii) The solicitor must wear a Pennsylvania Department of Transportation-approved traffic safety vest.

(5) Neither the municipality nor the Department of Transportation shall be liable for any damages on account of any injury to a person or property caused by or resulting from solicitations on highways notwithstanding approvals or conditions as provided in this section.

(b) Definitions.--As used in this section, the term "first responder organization" means any of the following which is a nonprofit organization as classified under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) and is located in this Commonwealth:

(1) A volunteer fire, rescue or emergency medical services company.

(2) Law enforcement personnel. (Nov. 4, 2015, P.L.220, No.57, eff. 60 days) 2015 Amendment. Act 57 added section 7714.
35 Pa.C.S. § 79A02 — PA Code / Title 35 / Chapter 79 / Section 79A02
Purpose.
Status: in_force

The purpose of this chapter is to authorize municipalities to enact a tax credit against an active volunteer's tax liability as a financial incentive to:

(1) Acknowledge the value and the absence of any public cost for volunteer fire protection and nonprofit emergency medical services provided by active volunteers.

(2) Encourage individuals to volunteer or for former volunteers to consider rejoining as active volunteers in a volunteer fire company or nonprofit emergency medical services agency.
35 Pa.C.S. § 7827.1 — PA Code / Title 35 / Chapter 78 / Section 7827.1
Establishment.
Status: in_force

The COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program is established and shall be administered by the agency. Grants provided under the program shall be used by fire companies and EMS companies to provide services during the novel coronavirus pandemic as identified in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of disaster emergency. (Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 renumbered former section 7823.1 to present section 7827.1.
35 Pa.C.S. § 5301 — PA Code / Title 35 / Chapter 53 / Section 5301
Scope of chapter.
Status: in_force

This chapter relates to emergency telephone service.
35 Pa.C.S. § 8107.3 — PA Code / Title 35 / Chapter 81 / Section 8107.3
Funding.
Status: in_force

(a) Distribution.--Beginning fiscal year 2008-2009 and each year thereafter, 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.

(b) Funding.--The Department of Human Services shall seek to maximize any Federal funds, including funds obtained pursuant to Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.) available for trauma care stabilization.

(c) Payment calculation.--

(1) Payment shall be allocated as follows:

(i) Ninety percent of available funds shall be allocated to accredited Level I and Level II trauma centers.

(ii) Ten percent shall be allocated to hospitals accredited as Level III trauma centers and hospitals seeking Level III accreditation for up to four years with documented evidence of progression toward accreditation and achievement of benchmarks as verified and established by the foundation in collaboration with the Department of Human Services. Funds not distributed under this subsection by the end of a fiscal year may be used for the funding of Level IV trauma centers in rural counties, as defined by the Center for Rural Pennsylvania, in the next fiscal year utilizing the same formula as for the Level III trauma centers.

(2) Payment to each qualifying Level I or Level II trauma center shall be calculated using data provided by the foundation as follows:

(i) Fifty percent of the total amount available for Level I and Level II trauma centers shall be allocated equally among Level I and Level II trauma centers.

(ii) Fifty percent of the total amount available for Level I and Level II trauma centers shall be allocated on the basis of each trauma center's percentage of medical assistance and uninsured trauma cases and patient days compared to the Statewide total number of

medical assistance and uninsured trauma cases and patient days for all Level I and Level II trauma centers.

(3) Subject to paragraph (4), payment to each qualifying hospital accredited or seeking accreditation as a Level III trauma center shall be calculated using the information and data provided by the foundation as follows:

(i) Fifty percent of the total amount available for Level III trauma centers shall be allocated equally among all Level III trauma centers.

(ii) Fifty percent of the total amount available for Level III trauma centers shall be allocated on the basis of each trauma center's percentage of medical assistance and uninsured trauma cases and patient days compared to the Statewide total number of medical assistance and uninsured trauma cases and patient days for all Level III trauma centers.

(4) Payment to each qualifying hospital accredited as a Level III trauma center may not be greater than 50% of the average Statewide annual payment to a Level I or Level II trauma center as determined in the methodology described in paragraph (2).

(d) Out-of-State trauma centers.--Any hospital with a Level I or Level II trauma center not licensed in this Commonwealth shall be eligible for payment under this section if it meets the definition of "trauma center" in section 8103 (relating to definitions). (July 2, 2019, P.L.359, No.54, eff. imd.) 2019 Amendment. Act 54 added section 8107.3. See section 5 of Act 54 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 8107.3 is referred to in sections 8103, 8107.1, 8107.4, 8107.5, 8107.6 of this title.
35 Pa.C.S. § 5304.3 — PA Code / Title 35 / Chapter 53 / Section 5304.3
Next generation 911 call delivery.
Status: in_force

(a) NG911 service provider.--The NG911 service provider shall maintain and secure the NG911 system according to industry standards and provide NG911 call delivery services as defined in a contract with the agency. The NG911 service provider shall support and monitor the NG911 system 24 hours per day, 7 days per week, 365 days per year using a network operations center and a security operations center to support the operations and security of the NG911 system.

(b) Use of State ESInet.--The primary use of the State ESInet shall be for NG911 call delivery services. Only public safety agencies and their service providers and vendors may be connected directly to the ESInet.

(c) Support of ancillary services.--The State ESInet shall be designed to also support ancillary services related to public safety. NG911 service enhancements for ancillary services shall be requested, evaluated, planned and coordinated using the methods and procedures defined by the agency to promote operating and enhancing the NG911 system in a planned, coordinated and financially sustainable manner.

(d) Communication service provider.--A communication service provider shall also notify the agency and the NG911 service provider when notifying 911 systems of reportable service outages in the manner specified by the Federal Communications Commission or Pennsylvania Public Utility Commission. (Nov. 18, 2024, P.L.1186, No.147, eff. imd.) 2024 Amendment. Act 147 added section 5304.3.
35 Pa.C.S. § 7437 — PA Code / Title 35 / Chapter 74 / Section 7437
Badge of authority and subordination.
Status: in_force

All special fire police when on duty shall display a badge of authority and shall be subject to the control of the chief of police, if any, of the city, borough, town or township in which they are serving, or, if none, of a member of the Pennsylvania State Police.
35 Pa.C.S. § 7378.2 — PA Code / Title 35 / Chapter 73 / Section 7378.2
Authorization of contracts, reimbursement procedure and amount.
Status: in_force

The following shall apply:

(1) The Secretary of General Services is authorized to enter into contracts with local fire companies or emergency medical services companies to provide services necessary to extinguish fires or perform any other allied services on State-owned property.

(2) The Secretary of Transportation is authorized to enter into contracts with local fire companies or emergency medical services companies to provide services necessary to extinguish fires or perform any other allied services on limited access highways, other than the Pennsylvania Turnpike. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 7831 — PA Code / Title 35 / Chapter 78 / Section 7831
Fire Company Grant Program.
Status: in_force

The sum of $22,000,000 of the amount appropriated to the commissioner for fire company grants under section 1799-E of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, shall be expended for the purpose of making grants to eligible fire companies under Subchapter B (relating to fire company grant program). (June 30, 2016, P.L.432, No.60, eff. imd.; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 8115 — PA Code / Title 35 / Chapter 81 / Section 8115
Emergency medical technicians.
Status: in_force

(a) Scope of practice.--An EMT performs basic EMS skills involving basic interventions and equipment found on an EMS vehicle as follows:

(1) For an EMS agency as a member of the crew of an ambulance.

(2) For an EMS agency as a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital setting until an ambulance arrives and then may assist the ambulance crew.

(3) As a first aid or safety officer, or in a similar capacity, for or independent of an EMS agency, as prescribed by regulation of the department.

(4) For an EMS agency in another capacity authorized by regulation of the department.

(b) Certification.--The department shall certify as an EMT an individual who meets all of the following:

(1) Is at least 16 years of age.

(2) Has successfully completed an EMT training course which:

(i) teaches basic EMS; and

(ii) is approved by the department.

(3) Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4) Has passed an EMT skills practical examination approved by the department.

(5) Has passed a written EMT certification examination approved by the department.

(c) Triennial registration.--An EMT's certification is deemed registered for three years after issuance. An EMT must register the EMT certification at three-year intervals by completing an application for triennial registration on a form or through an electronic process, as prescribed by the department. The following shall apply:

(1) The department shall issue a triennial registration of an EMT certification to an EMT who meets all of the following:

(i) Has a current registration and applies for a new registration no later than:

(A) 30 days before the current registration is to expire; or

(B) a lesser time established by regulation of the department.

(ii) Successfully:

(A) completes EMT triennial registration practical skills and written knowledge examinations approved by the department; or

(B) secures continuing education credits for EMT triennial registration as required by the department in continuing education programs approved by the department.

(2) An EMT whose registration of an EMT certification has expired must qualify for a triennial registration of the certification as prescribed by regulation of the department. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8115 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
35 Pa.C.S. § 52B04 — PA Code / Title 35 / Chapter 52 / Section 52B04
Penalties.
Status: in_force

A violation of this chapter by a prescriber shall be subject to sanctions under the prescriber's professional practice act and by the appropriate licensing board.
35 Pa.C.S. § 7414 — PA Code / Title 35 / Chapter 74 / Section 7414
Construction.
Status: in_force

This subchapter shall be:

(1) Construed, applied and interpreted, so far as circumstances permit, as justifying the actions of the officers and members of volunteer firefighters' relief associations affected by it, when the actions appear to have been taken in good faith and in a bona fide belief that they were in furtherance of the purposes of this subchapter.

(2) Strictly construed and applied against persons responsible:

(i) for actions taken in willful disregard of the purposes of this subchapter or with reckless indifference to those purposes; and

(ii) if an action which has been called into question results, has resulted or was likely to result in an unmerited personal benefit to one or more of the persons responsible for taking that action.
35 Pa.C.S. § 7901 — PA Code / Title 35 / Chapter 79 / Section 7901
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Disaster Emergency Assistance Act.
35 Pa.C.S. § 8 — PA Code / Title 35 / Chapter 8 / Section 8
References in text.
Status: in_force

Any reference in a statute or regulation to an ambulance service shall be interpreted as referencing an emergency medical services agency and any reference to the former act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, shall be construed as a reference to 35 Pa.C.S. Ch. 81. 2010, NOVEMBER 23, P.L.1181, NO.118
35 Pa.C.S. § 8139 — PA Code / Title 35 / Chapter 81 / Section 8139
Stretcher and wheelchair vehicles.
Status: in_force

(a) Stretcher vehicle.--A stretcher vehicle is a ground vehicle other than an ambulance that is utilized to transport by stretcher persons who do not receive and cannot reasonably be anticipated to require medical assessment, monitoring, treatment or observation during transportation, but who, due to their physical condition, require vehicle transportation while on a stretcher or in a wheelchair.

(b) Wheelchair vehicle.--A wheelchair vehicle is a ground vehicle other than an ambulance that is used to transport by wheelchair persons who do not receive and cannot reasonably be anticipated to require medical assessment, monitoring, treatment or observation during transportation, but who, due to their physical condition, require vehicle transportation while on a stretcher or in a wheelchair.

(c) Prohibition.--Operation by an entity of a stretcher vehicle or wheelchair vehicle to transport a person who is known or reasonably should be known by the entity to require medical assessment, monitoring, treatment or observation during transportation shall constitute unlawful operation of an ambulance for purposes of section 8156(a) and (c) (relating to penalties) and, if used as an ambulance by an EMS agency, shall constitute misconduct in operating an EMS agency under section 8142(a)(7) (relating to emergency medical services agency license sanctions). For purposes of this section, unlawful operation includes, but is not limited to, the transportation of the person to or from a facility, a physician's office or any other location to receive or from which the person received health care services.
35 Pa.C.S. § 7305.1 — PA Code / Title 35 / Chapter 73 / Section 7305.1
Grants for hazard mitigation.
Status: in_force

(a) Commonwealth participation in hazard mitigation funding; agreements.--Whenever the President authorizes the contribution of up to 75% of the cost of hazard mitigation measures to reduce the risk of future damage, hardship, loss or suffering in any area affected by a major disaster pursuant to The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143), the Governor is authorized, subject to the availability of appropriated funds, to enter into an agreement with the Federal Government or any Federal agency or officer pledging the Commonwealth to participate in the funding of the mitigation project.

(b) Special Session disaster relief acts.--Projects which are itemized under Chapter 3 of the act of July 11, 1996 (2nd Sp.Sess., P.L.1791, No.8), known as the Special Session Flood Control and Hazard Mitigation Itemization Act of 1996, and the act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as the Special Session Flood Relief Act, are deemed to be hazard mitigation projects for the purposes of hazard mitigation funding to the extent that such projects qualify under The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143). (July 11, 1996, 2nd Sp.Sess., P.L.1776, No.5, eff. imd.) 1996 Amendment. Act 5, 2nd Sp.Sess., added section 7305.1.
35 Pa.C.S. § 75A03 — PA Code / Title 35 / Chapter 75 / Section 75A03
Peer-to-peer support programs.
Status: in_force

(a) Establishment of peer-to-peer support programs.--Notwithstanding any other provision of law, the secretary shall establish at least one regional peer-to-peer support service program within the service area of each of the department's regional or district offices located in this Commonwealth.

(b) Cooperative establishment.--The secretary shall establish the peer-to-peer support programs in conjunction with cooperating officials and agencies and any other entities designated by the department.

(c) Access.--The department shall, if possible, establish the peer-to-peer support programs in a manner that ensures access to a program by all emergency responders within this Commonwealth.

(d) Services.--Services provided by a peer-to-peer support program shall include peer-to-peer support for all of the following:

(1) Mental health issues, including treatment and recovery support for post-traumatic stress injuries, traumatic brain injury and depression.

(2) Alcohol, substance abuse or chemical dependence treatment and recovery support, including treatment planning, recovery coaching and relapse prevention.

(3) Sexual abuse trauma.

(4) Workplace abuse.

(5) Co-occurring disorders.

(6) Any other support service which the department deems necessary.

(e) Critical incident stress management.--The program shall incorporate critical incident stress management intervention. Cross References. Section 75A03 is referred to in sections 75A01, 75A04 of this title.
35 Pa.C.S. § 7401 — PA Code / Title 35 / Chapter 74 / Section 7401
Scope of chapter.
Status: in_force

This chapter relates to volunteer firefighters.
35 Pa.C.S. § 7340 — PA Code / Title 35 / Chapter 73 / Section 7340
Effect on other agreements.
Status: in_force

Nothing in this subchapter shall preclude participating political subdivisions from entering into supplementary agreements with another political subdivision. Nothing in this subchapter shall affect any other agreement to which a political subdivision may, on the effective date of this section, be a party.
35 Pa.C.S. § 7319 — PA Code / Title 35 / Chapter 73 / Section 7319
Appropriations (Repealed).
Status: repealed

1995 Repeal. Section 7319 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.
35 Pa.C.S. § 5304 — PA Code / Title 35 / Chapter 53 / Section 5304
Counties.
Status: in_force

(a) Powers and duties.--Each county shall have the following powers and duties in relation to a 911 system:

(1) To ensure the provision of a 911 system in the county's respective jurisdiction. A county may provide a 911 system to the county's jurisdiction through participation in a regional 911 system.

(2) To develop, maintain or adopt a 911 plan for the county and submit the plan to the agency for review.

(i) The plan shall be reviewed and updated at a frequency prescribed by the board.

(ii) A county may adopt the 911 plan of a regional 911 system if the county is a participating member of that regional 911 system.

(3) To cooperate with the agency, the board and the Pennsylvania State Police.

(4) To comply with the guidelines, standards and reporting requirements established by the agency.

(5) To execute all contracts, agreements, mutual aid agreements, cross-service agreements and all other documents necessary to implement its 911 plan.

(6) To designate a 911 coordinator for the county who shall develop and submit a plan for the implementation, operation and maintenance of a 911 system.

(7) To cooperate with the agency and board in the preparation and submission of the 911 system plan.

(8) To cooperate with the Pennsylvania State Police. Subject to subparagraphs (i) through (iii), a county that utilizes ANI/ALI database services shall, upon request of the Commissioner of the Pennsylvania State Police or the designee of the commissioner, provide authority to access all ANI/ALI database information relating to 911 calls for

emergency services, whether the database is held by the county or by a commercial entity, following the established procedures of the database owner. The following shall apply:

(i) In order to ensure that no county or PSAP experiences degradation of service or additional costs as a result of complying with this subsection:

(A) the Pennsylvania State Police shall provide, at its cost, any equipment, computer software or telecommunications equipment or services, exclusive of recurring personnel costs for county personnel, that are necessary to enable its access to any ANI/ALI database information; and

(B) all means of access must be approved by the county, PSAP, the agency and the Pennsylvania State Police before the county is required to authorize or provide the access. In the event of a dispute between the Pennsylvania State Police and a county or PSAP regarding approval by the county and PSAP, the dispute shall be mediated by the Office of Information Technology of the Commonwealth's Office of Administration. The Office of Information Technology may bring in a Commonwealth mediator from the Office of General Counsel to provide assistance in resolving the dispute.

(ii) The ANI/ALI database information to which access is authorized or enabled under this paragraph or section 5304.1(a)(3) (relating to Pennsylvania State Police) shall be used only in providing emergency response services to a 911 call. A person who uses or discloses the ANI/ALI database information under this subparagraph for any other purpose commits a misdemeanor of the third degree.

(iii) Nothing contained in this paragraph shall be construed to impose on providers any obligations beyond those created by applicable Federal Communications Commission orders and regulations. Public agencies, counties, PSAPs and wireless providers shall not be liable to any person for errors in any of the ANI/ALI database information which may be accessed by or provided to the Pennsylvania State Police under this paragraph.

(9) To comply with reporting requirements established by the agency.

(10) To make reasonable efforts to ensure required geographic information system (GIS) information is available and maintained to support next generation 911 call delivery. The following apply:

(i) Counties must cooperate with each other to develop the PSAP boundary, emergency service boundary, provisioning boundary and road centerline data sets.

(i.1) Counties must develop, publish, maintain and provide the required GIS layers that meet the Pennsylvania NG911 GIS Data Model published by the agency, including developing or cooperating with the applicable addressing authorities to develop site and structure address point data to support NG911 call delivery.

(ii) Counties shall share GIS data needed to support geospatial call routing.

(11) To utilize the next generation 911 call delivery services procured by the agency and cooperate with the agency, next generation 911 service provider and other applicable entities to help identify the cause of next

generation 911 service impacting issues and responsibility for resolution until those items are identified.

(12) To maintain compliance with cybersecurity standards published by the agency.

(b) Persons outside county.--(Deleted by amendment).

(c) Cities of the second class, second class A and third class.--(Deleted by amendment). (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.; Nov. 18, 2024, P.L.1186, No.147, eff. imd.) 2024 Amendment. Act 147 amended subsec. (a)(7) and

(8)(i)(B) and added subsec. (a)(10)(i.1), (11) and (12). 2019 Amendment. Act 17 added subsec. (a)(10) and deleted subsec. (c). Cross References. Section 5304 is referred to in section 5304.1 of this title.
35 Pa.C.S. § 5310 — PA Code / Title 35 / Chapter 53 / Section 5310
Penalty.
Status: in_force

(a) Communications with 911 systems.--A person who intentionally contacts the 911 emergency number for other than

emergency purposes commits a misdemeanor of the second degree. A second offense under this subsection constitutes a misdemeanor of the first degree. A third or subsequent offense under this subsection constitutes a felony of the third degree.

(b) Information disclosure.--A person commits a misdemeanor of the third degree if the person does any of the following:

(1) Uses or discloses database information for wireless service, VoIP service, other emergency communications service or next generation 911 service or future technology providing the same or similar functionality for purposes other than handling a call to a 911 system, or a system used for other emergency communications service, next generation 911 service or future technology providing the same or similar functionality, without consent of the subscriber or consumer as otherwise provided by applicable Federal or State law.

(2) Knowingly uses the telephone number or database information of a 911 system, other emergency communications service, next generation 911 service, future technology providing the same or similar functionality or VoIP service to avoid any charges for the services of a provider. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; Nov. 18, 2024, P.L.1186, No.147, eff. imd.) 2024 Amendment. Act 147 amended subsec. (a).
35 Pa.C.S. § 11 — PA Code / Title 35 / Chapter 11 / Section 11
Reestablishment of Pennsylvania Emergency Management Agency.
Status: in_force

This act, with respect to the Pennsylvania Emergency Management Agency, constitutes the legislation required to reestablish an agency pursuant to the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act, for a period of five years. 2009, AUGUST 18, P.L.308, NO.37 § 5. Continuation of prior law. The addition of 35 Pa.C.S. Ch. 81 is a continuation of the former act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act. Except as otherwise provided in 35 Pa.C.S. Ch. 81, all activities initiated under the

Emergency Medical Services Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 81. Resolutions, orders, regulations, rules and decisions which were made under the Emergency Medical Services Act and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 81. Contracts, obligations and agreements entered into under the Emergency Medical Services Act are not affected nor impaired by the repeal of the Emergency Medical Services Act. Explanatory Note. Act 37 added Chapter 81 of Title 35 and amended or added section 102, Subchapter C of Chapter 31 and section 3807 of Title 75. § 7. Promulgation of regulations. The Department of Health, in consultation with the board, shall promulgate all regulations needed to implement this act within two years after the effective date of this section. This act shall be liberally construed for that purpose, and the absence of express authority to adopt regulations in any provision of this act shall not be construed to preclude the authority to adopt regulations to carry out that provision. Upon promulgation of all regulations under this section, the Secretary of Health shall transmit notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
35 Pa.C.S. § 7332 — PA Code / Title 35 / Chapter 73 / Section 7332
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency." The Pennsylvania Emergency Management Agency.

"Committee." The Intrastate Mutual Aid Committee.

"Dedicated emergency response organization." Any entity organized, chartered or incorporated in this Commonwealth or chartered by the Congress of the United States for the primary purpose of providing emergency services. The term shall include volunteer, career and combination organizations.

"Emergency responder." An individual in the public or private sector who has special skills, qualifications, training, knowledge or experience, whether or not the person possesses a license, certificate, permit or other official recognition for the skills, qualifications, training, knowledge or experience, that would benefit a participating political subdivision in responding to an authorized mutual aid request or participating in an authorized drill or exercise. The term shall include a law enforcement officer, a firefighter, an emergency medical services worker, a physician, nurse or other public health worker, an emergency management official, a coroner or medical examiner, a State-certified hazardous materials team member, a public works worker, a building inspector, an architect, an engineer or other design professional or a person with specialized equipment operations skills or training or with any other skills needed to provide aid in a declared emergency.

"Incident." Any event or condition which constitutes an actual or imminent threat to public health and safety, public or private property or the economic well-being of the community.

"Incident commander." The individual responsible for all incident-related activities, including the development of strategies and tactics and the ordering and releasing of resources as provided under the National Incident Management System.

"Mutual aid." Mutual assistance and sharing of resources among participating political subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community to respond.

"National Incident Management System." The National Incident Management System established by the United States Department of Homeland Security.

"Participating political subdivision." A political subdivision that has not opted out of the intrastate mutual aid system.

"Political subdivision." Any county, city, borough, incorporated town or township. The term shall include any council of governments established among any of the above.

"Requesting political subdivision." A participating political subdivision that requests assistance under this subchapter.

"Responding political subdivision." A participating political subdivision that responds to a request for assistance under this subchapter.

"System." The intrastate mutual aid system.
35 Pa.C.S. § 7314 — PA Code / Title 35 / Chapter 73 / Section 7314
Utilization of existing services and facilities.
Status: in_force

In order to avoid duplication of services and facilities, the agency shall utilize the services and facilities of existing officers, offices, departments, commissions, boards, bureaus, institutions and other agencies of the Commonwealth and of the political subdivisions thereof. These officers and agencies shall cooperate with and extend their services and facilities to the agency as requested.
35 Pa.C.S. § 5311.4 — PA Code / Title 35 / Chapter 53 / Section 5311.4
Wireless E-911 Emergency Services Fund (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.4 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7378.5 — PA Code / Title 35 / Chapter 73 / Section 7378.5
Annual report and distribution of information.
Status: in_force

(a) Annual report.--

(1) The office shall produce an annual report, which shall include all of the following information:

(i) How much money is in the fund at the beginning of each fiscal year and the balance in the fund at the end of each fiscal year.

(ii) How many loan applications were received by the office.

(iii) How many loans were issued under the Pennsylvania Fire and Emergency Medical Services Loan Program.

(iv) The fire companies and EMS companies to which the loans were issued by the office.

(v) The total amount of loans issued by the office.

(vi) The number and amount of loans for facilities, apparatus and equipment.

(2) The report shall be posted on the office's publicly accessible Internet website and sent 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.

(b) Distribution.--The office shall annually distribute information on the fund to all fire companies and emergency medical services companies in this Commonwealth, including notice of the Pennsylvania Fire and Emergency Medical Services Loan Program and the amounts that can be borrowed under the program. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 added section 7378.5.
35 Pa.C.S. § 7376 — PA Code / Title 35 / Chapter 73 / Section 7376
Repayment obligations for principal and interest.
Status: in_force

The General Assembly shall appropriate an amount equal to moneys received from the office under section 7365 (relating to Fire and Emergency Medical Services Loan Fund) and such other moneys as may be necessary to meet repayment obligations for principal and interest into the Fire and Emergency Medical Services Loan Sinking Fund. (Dec. 23, 2013, P.L.1256, No.129, eff. 60 days; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 25 — PA Code / Title 35 / Chapter 25 / Section 25
Applicability.
Status: in_force

The following shall apply for the fiscal year beginning after June 30, 2020, and ending before July 1, 2021:

(1) The following shall apply to fire company grants under 35 Pa.C.S. Ch. 78 Subch. B:

(i) Notwithstanding 35 Pa.C.S. § 7812, the State Fire Commissioner shall, within five days of the effective date of this section, transmit notice of the Fire Company Grant Program availability to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(ii) Notwithstanding 35 Pa.C.S. § 7813(c), the following shall apply:

(A) Within 15 days of the date of publication of the notice under subparagraph (i), the State Fire Commissioner shall provide written instructions for grants under 35 Pa.C.S. Ch. 78 Subch. B to:

(I) except as set forth in subclause (II), the fire chief and president of every fire company; or (II) in the case of a municipal fire company, the chief executive of the municipality.

(B) Within 45 days of the date of publication of the notice under subparagraph (i), the State Fire Commissioner shall provide applications to individuals specified in clause (A). Fire companies seeking grants under 35 Pa.C.S. Ch. 78 Subch. B shall submit completed applications to the State Fire Commissioner. The application period shall remain open for 45 days. The State Fire Commissioner shall act to approve or disapprove applications within 60 days of the application submission deadline. Applications which have not been approved or disapproved by the State Fire Commissioner within 60 days after the close of the application period shall be deemed approved.

(2) The following shall apply to emergency medical services grants under 35 Pa.C.S. Ch. 78 Subch. C:

(i) Notwithstanding 35 Pa.C.S. § 7822, the State Fire Commissioner shall, within five days of the effective date of this section, transmit notice of the Emergency Medical Services Grant Program availability to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(ii) Notwithstanding 35 Pa.C.S. § 7823(c), the following shall apply:

(A) Within 15 days of the date of publication of the notice under subparagraph (i), the State Fire Commissioner shall provide written instructions for grants under 35 Pa.C.S. Ch. 78 Subch. C to the president of every emergency medical services company in this Commonwealth.

(B) Within 45 days of the date of publication of the notice under subparagraph (i), the State Fire Commissioner shall provide applications to individuals specified in clause (A). Emergency medical services companies seeking grants under 35 Pa.C.S. Ch. 78 Subch. C shall submit completed applications to the State Fire Commissioner. The application period shall remain open for 45 days. The State Fire Commissioner shall act to approve or disapprove applications within 60 days of the application submission deadline. Applications which have not been approved or disapproved by the State Fire Commissioner within 60 days after the close of the application period shall be deemed approved. Explanatory Note. Act 91 amended or added Subchapter E heading of Chapter 73, sections 7361, 7362, 7363, 7364, 7365, 7366, 7371, 7374, 7376, 7378, 7378.2, 7378.3, 7378.4, 7378.5, 7382, 7383, 7383.1, 7384, 7385 and 7386, Subchapter B heading of Chapter 74, sections 7412, 7413, 7416, 7418, 7419.1, 7802, 7811, 7812, 7813, 7814, 7821, 7822, 7823, 7824, 7831, 7832, 7832.1, 7833, 7841, 7842, 7843, 79A03, 79A11, 79A13, 79A24, 79A32 and 79A33 of Title 35. 2024, OCTOBER 29, P.L.1026, NO.113
35 Pa.C.S. § 3310 — PA Code / Title 35 / Chapter 33 / Section 3310
Enforcement and penalty.
Status: in_force

(a) Compliance enforcement.--The council shall have standing to bring an action in law or in equity through private counsel in any court of common pleas to enforce compliance with any provision of this chapter, except section 3309 (relating to special studies and reports), or any requirement or appropriate request of the council made under this chapter. The Attorney General is authorized and shall bring an enforcement action in aid of the council in a court of common pleas at the request of the council and in the name of the Commonwealth.

(b) Penalty.--

(1) Any person who fails to supply data under section 3305 (relating to data submission and collection) may be assessed a civil penalty not to exceed $1,000 for each day the data is not submitted.

(2) Any person who knowingly submits inaccurate data under section 3305 commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $1,000 or to imprisonment for not more than one year, or both.
35 Pa.C.S. § 7603 — PA Code / Title 35 / Chapter 76 / Section 7603
Mutual agreements.
Status: in_force

The Governor shall examine threats to the security and safety of the Commonwealth and execute appropriate interstate mutual aid plans and procedures as may be necessary to implement this compact.
35 Pa.C.S. § 8108 — PA Code / Title 35 / Chapter 81 / Section 8108
State Advisory Board.
Status: in_force

(a) Designation and composition.--The board shall be composed of volunteer, professional and paraprofessional organizations involved in EMS. The board shall be geographically representative of the provider organizations that represent EMS providers, firefighters, regional EMS councils, physicians, hospital administrators and other health care providers concerned with EMS. The board may be composed of up to 30 organizations. Each organization that is a member of the Pennsylvania Emergency Health Services Council and is elected to serve as a member on the board shall have one vote on the board.

(b) Duties.--The duties of the board shall be to:

(1) Elect officers.

(2) Advise the department concerning manpower and training, communications, EMS agencies, content of regulations, standards and policies promulgated by the department 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, or any proposed revisions thereto, and advise the department as to the content of the plan.

(c) Open meetings.--Meetings of the board shall be held in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(d) Terms.--A voting member of the board 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 shall constitute a quorum for the transaction of business.

(f) Compensation.--Members of the board shall serve without compensation, except the Pennsylvania Emergency Health Services Council, through its contract or grant with the department, may pay necessary and reasonable expenses incurred by members of the board while performing their official duties.

(g) Contracts and grants.--The department shall contract with or provide a grant to the board for performance of its work under subsection (b). Contracts and grants between the department and the board for the performance of work other than

under subsection (b) shall be subject to section 8112 (relating to contracts and grants) where applicable.
35 Pa.C.S. § 5311.1 — PA Code / Title 35 / Chapter 53 / Section 5311.1
Immunity.
Status: in_force

(a) Local government.--A 911 system run by county and local governments shall be a local agency which shall enjoy local governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties).

(b) Entities.--The following shall not be liable for an act or omission to a person who directly or indirectly uses a 911 emergency service or provides information to 911 systems under this section except for willful or wanton misconduct:

(1) A 911 system.

(2) A 911 service provider.

(3) A provider or communication service provider, including a provider of Next Generation 911 technology.

(4) An officer, director, employee, vendor or agent of an entity listed under paragraphs (1), (2) and (3).

(c) Applicability.--The immunity under subsection (b) shall apply to the following:

(1) The release to PSAPs, providers of emergency notification services or providers of emergency support services of information authorized under this chapter, including nonpublished telephone numbers.

(2) The release to the Federal Communications Commission, the Pennsylvania Public Utility Commission, the board or any Federal or Commonwealth agency with the authority to regulate the provision of telecommunications services of telephone company information specified in this section that is not already part of public records, including information regarding the number of liens served by an individual company, except for nonpublic information regarding the company's individual customer names, addresses and telephone numbers.

(3) Interruptions, omissions, defects, errors, mistakes or delays in transmission occurring in the course of the delivery of 911 emergency services and other emergency services, including next generation 911 services under this chapter, unless the interruptions, omissions, defects,

errors, mistakes or delays are caused by the willful or wanton misconduct of a person listed under subsection (b).

(4) Any other matter relating to the provision of 911 communications service or a 911 system. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; Nov. 18, 2024, P.L.1186, No.147, eff. imd.) 2024 Amendment. Act 147 amended subsecs. (a) and (c)(2). Cross References. Section 5311.1 is referred to in section 5307.1 of this title.
35 Pa.C.S. § 7317 — PA Code / Title 35 / Chapter 73 / Section 7317
Pennsylvania Volunteer Loan Assistance Program (Repealed).
Status: repealed

1995 Repeal. Section 7317 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.
35 Pa.C.S. § 79B01 — PA Code / Title 35 / Chapter 79 / Section 79B01
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Active volunteer." A volunteer for a volunteer organization who satisfies the eligibility criteria under section 79B12(a) (relating to eligibility), receives a certificate of eligibility and complies with the requirements of the program.

"Agency." The Pennsylvania Higher Education Assistance Agency.

"Approved institution of higher learning." An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency.

"Approved program of education." A degree-granting or certificate-granting curriculum, course of study or training program required for entrance into a specific career to be pursued on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning.

"Certificate of eligibility." A certificate issued by the agency under section 79B12(b) that certifies that an active volunteer satisfies the eligibility criteria under section 79B12(a).

"Emergency medical services agency." As defined in section 8103 (relating to definitions).

"Fund." The Active Volunteer Tuition and Loan Assistance Program Fund established under section 79B21(a) (relating to Active Volunteer Tuition and Loan Assistance Program Fund).

"Program." The Active Volunteer Tuition and Loan Assistance Program established under section 79B11 (relating to establishment).

"Qualified applicant." An active volunteer who qualifies for tuition or loan assistance under Subchapter B (relating to Active Volunteer Tuition and Loan Assistance Program).

"Tuition or loan assistance." Reimbursement provided by the agency for tuition or loans under the program or in a form of loan forgiveness.

"Volunteer fire company." A nonprofit chartered corporation, association or organization located in this Commonwealth that provides fire protection services and may offer other voluntary emergency services within this Commonwealth.

"Volunteer organization." A volunteer fire company or emergency medical services agency.
35 Pa.C.S. § 7421 — PA Code / Title 35 / Chapter 74 / Section 7421
Scope of subchapter.
Status: in_force

This subchapter relates to employment sanctions.
35 Pa.C.S. § 7302 — PA Code / Title 35 / Chapter 73 / Section 7302
Temporary housing.
Status: in_force

(a) Authority of Governor.--Whenever the Governor has proclaimed a disaster emergency under this part, or the President has declared an emergency or a major disaster to exist in this Commonwealth, the Governor is authorized:

(1) To enter into purchase, lease or other arrangements with any Federal agency for temporary housing units to be occupied by disaster victims and to make the units available to any political subdivision of this Commonwealth named as a party to the emergency or disaster declaration.

(2) To assist any political subdivision of this Commonwealth which is the locus of temporary housing for disaster victims to acquire sites necessary for such temporary housing and to do all things required to prepare such sites to receive and utilize temporary housing units by:

(i) advancing or lending funds available to the Governor from any appropriation made by the General Assembly or from any other source;

(ii) "passing through" funds made available by any agency, public or private; or

(iii) becoming a copartner with the political subdivision for the execution and performance of any temporary housing for disaster victims project; and for such purposes to pledge the credit of the Commonwealth on such terms as the Governor deems appropriate having due regard for current debt transactions of the Commonwealth.

(3) Under such regulations as the Governor shall prescribe, to temporarily suspend or modify for not to exceed 60 days any public health, safety, zoning, transportation (within or across this Commonwealth) or other requirement of statute or regulation within this Commonwealth when by proclamation the Governor deems the suspension or modification essential to provide temporary housing for disaster victims.

(b) Acquisition of sites by political subdivisions.--Any political subdivision of this Commonwealth is expressly authorized to acquire, temporarily or permanently, by purchase, lease or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements which are necessary to prepare or equip the sites to utilize the housing units.

(c) Construction of section.--This section does not limit the authority of the Governor to apply for, administer and expend any grants, gifts or payments in aid of disaster prevention, preparedness, response or recovery.

(d) Definitions.--As used in this section, "major disaster" and "emergency" shall have the same meanings as defined or used in The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.). (May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.) 1996 Amendment. Act 2, 2nd Sp.Sess., amended subsec. (d). Cross References. Section 7302 is referred to in section 7306 of this title.
35 Pa.C.S. § 7218 — PA Code / Title 35 / Chapter 72 / Section 7218
Commonwealth indemnification.
Status: in_force

The Commonwealth shall indemnify a county or municipality for costs related to damaged county or municipal property that results from participation in a regional counterterrorism task force, specialized regional counterterrorism response team or specialized Statewide response team response only when all of the following conditions are met:

(1) The county or municipality is responding upon activation or deployment by the Governor.

(2) The damage to county or municipal property occurs outside of the primary regional counterterrorism response zone.

(3) The county's or municipality's insurance does not cover the property damage.

(4) The property damage was not caused by the willful misconduct of the county or municipality or any of its employees or agents.
35 Pa.C.S. § 79C12 — PA Code / Title 35 / Chapter 79 / Section 79C12
Keystone First Responder Award.
Status: in_force

(a) Composition.--The award shall consist of a plaque and a medal.

(b) Presentation.--The Governor or the Governor's designee shall present an award to a first responder approved by the committee or surviving next of kin during a public ceremony held on, or as near as practicable to, September 27 of each year.

(c) Committee.--The award shall be administered by a committee in accordance with the following:

(1) The committee shall consist of:

(i) The State Fire Commissioner.

(ii) The Director of the Pennsylvania Emergency Management Agency.

(iii) The Director of the Bureau of Emergency Medical Services within the Department of Health.

(iv) The Secretary of General Services.

(v) The Commissioner of Pennsylvania State Police.

(vi) The Pennsylvania State Lodge of the Fraternal Order of Police.

(vii) The President of the Pennsylvania Chiefs of Police Association.

(viii) The Director of the Pennsylvania National Emergency Number Association.

(ix) The Director of the Pennsylvania State Coroners Association.

(x) The President of the Pennsylvania State Corrections Officers Association.

(2) The committee shall choose a chairperson from its members.

(3) The committee shall develop criteria for the award in accordance with this subchapter. The committee shall consider the receipt of any benefits from a Federal or State program as evidence of qualification to receive an award.

(d) Choice of recipients.--The committee shall provide a list of potential recipients, and the Governor shall choose the recipients of the award for each year. Cross References. Section 79C12 is referred to in section 79C13 of this title.
35 Pa.C.S. § 8119 — PA Code / Title 35 / Chapter 81 / Section 8119
Prehospital physician extenders.
Status: in_force

(a) Scope of practice.--A PHPE is a higher-level EMS provider than an advanced EMT. A PHPE performs for an EMS agency basic and advanced EMS skills and, as authorized by regulation of the department, additional physician assistant skills within the scope of practice of a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, or a successor act, as follows, but supervision of a PHPE shall be conducted as set forth in this chapter:

(1) As a member of the crew of an ambulance.

(2) As a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency until an ambulance arrives at the scene and then may assist the ambulance crew.

(3) As a first aid or safety officer, or in a similar capacity, for an EMS agency as prescribed by regulation of the department.

(4) In another capacity as authorized by regulation of the department.

(b) Certification.--The department shall certify as a PHPE a physician assistant who meets all of the following:

(1) Has a currently registered license as a physician assistant with the State Board of Medicine or the State Board of Osteopathic Medicine.

(2) Is at least 18 years of age.

(3) Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4) Has passed a PHPE skills practical examination approved by the department.

(5) Has passed a written PHPE certification examination approved by the department.

(c) Biennial registration.--A PHPE's certification is deemed registered when the certification is issued. The initial registration shall expire as set forth in section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, a PHPE must register the PHPE certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process as prescribed by regulation of the department. The following shall apply:

(1) The department shall issue a biennial registration of a PHPE certification to a PHPE who:

(i) Has a current registration and applies for a new registration no later than:

(A) 30 days before the current registration is to expire; or

(B) a lesser time as established by regulation of the department.

(ii) Has current registration of a physician assistant license.

(iii) Successfully secures continuing education credits for PHPE biennial registration as required by the department in continuing education programs approved by the department.

(2) A PHPE whose registration of a PHPE certification has expired must qualify for a biennial registration of the certification as prescribed by regulation of the department. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8119 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
35 Pa.C.S. § 8155 — PA Code / Title 35 / Chapter 81 / Section 8155
Surrender of license, accreditation or certification.
Status: in_force

The department shall require a person whose license, accreditation or certification has been suspended or revoked under this chapter to return to the department in the manner the department directs the license, accreditation document or certificate. A person who fails to do so commits a misdemeanor of the third degree.
35 Pa.C.S. § 8154 — PA Code / Title 35 / Chapter 81 / Section 8154
Prohibited acts.
Status: in_force

(a) Making false ambulance requests.--It shall be unlawful for any person to intentionally report a medical emergency and summon an EMS response if the person does not have good cause to believe that there is a medical emergency for which an EMS response is needed. A person violating this subsection commits a summary offense.

(b) Obstruction.--It is unlawful for any person to intentionally impede or obstruct any EMS provider in the performance of official duties if the EMS provider displays accepted department insignia or credentials. A person violating this subsection commits a summary offense.

(c) Impersonating an emergency medical services provider.--It is unlawful for any person to display an insignia or credentials or act in any manner that would lead reasonable persons to conclude that the person is an EMS provider if that person is not an EMS provider with a current registration to practice or that the person is a higher-level EMS provider than the level at which the person is certified and currently

registered to practice. A person violating this subsection commits a summary offense.

(d) Misrepresentation of license.--It is unlawful for any person who does not possess an EMS agency license issued by the department under this chapter to advertise, display vehicle markings or exhibit any other means that would lead a reasonable person to conclude that the person is a licensed EMS agency or provides a type or level of emergency care other than that for which the person is licensed to provide. A person violating this subsection commits a summary offense.
35 Pa.C.S. § 5311.3 — PA Code / Title 35 / Chapter 53 / Section 5311.3
Advisory committee (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.3 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7389 — PA Code / Title 35 / Chapter 73 / Section 7389
Money for reimbursement to Pennsylvania bomb squads.
Status: in_force

(a) Source.--Money transferred under 3 Pa.C.S. § 1113(a)(7.1) (relating to disposition of certain funds) shall be utilized by the commissioner to provide reimbursements to Pennsylvania bomb squads in accordance with this section.

(b) Recipients.--A Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall be eligible to receive a reimbursement under this section for costs associated with the removal, transportation, storage and destruction of consumer fireworks, display fireworks or combustibles, including for any of the following:

(1) Establishing, expanding or modernizing facilities that will store consumer fireworks, display fireworks or combustibles, including upfront costs for safety and security improvements of the facilities.

(2) The transportation of fireworks from the place of confiscation, to-and-from storage facilities and to the place of destruction of consumer fireworks, display fireworks or combustibles.

(3) Personnel costs associated with the confiscation, transportation and destruction of consumer fireworks, display fireworks or combustibles.

(4) Equipment necessary for the removal, transportation, storage and destruction of consumer fireworks, display fireworks or combustibles.

(5) The destruction of consumer fireworks, display fireworks or combustibles.

(6) Any other costs related to the removal, transportation, storage and destruction of consumer fireworks, display fireworks or combustibles deemed appropriate by the commissioner.

(c) Restrictions.--The commissioner shall only provide a reimbursement under this section when receipts are provided for the actual costs associated with the removal, transportation, storage and destruction of consumer fireworks, display fireworks or combustibles and either of the following apply:

(1) The Pennsylvania bomb squad makes a good faith effort to recover any costs associated with the removal, transportation, storage and destruction of consumer fireworks, display fireworks or combustibles under 3 Pa.C.S. § 1115(b) (relating to removal, storage and destruction) from the owner of the consumer fireworks and is unable to recover the full or partial amount of the costs.

(2) The costs are associated with the establishment, expansion or modernization of facilities that will store consumer fireworks, display fireworks or combustibles.

(d) Applications.--The commissioner shall develop an application form for the request for reimbursements under this section.

(e) Amounts and criteria.--Reimbursement amounts for actual costs and the criteria for determining the amounts under this section shall be established by the commissioner.

(f) Administration.--The commissioner may use up to 3% of the money transferred under 3 Pa.C.S. § 1113(a)(7.1) for administrative costs under this section.

(g) Annual report.--

(1) The commissioner shall prepare an annual report on the reimbursements provided under this section. The report shall include all of the following information:

(i) The total number of applications received.

(ii) The total number of applications approved and the amounts funded for each recipient.

(iii) An analysis of how the funds were used by each recipient.

(2) The commissioner shall submit the annual 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 commissioner shall post the annual report under paragraph (1) on the Office of the State Fire Commissioner's publicly accessible Internet website. (Nov. 3, 2022, P.L.1674, No.104, eff. imd.) 2022 Amendment. Act 104 added section 7389.
35 Pa.C.S. § 8138 — PA Code / Title 35 / Chapter 81 / Section 8138
Other vehicles and services.
Status: in_force

The department may by regulation prescribe EMS vehicle and service standards for EMS vehicles and services not specified in this chapter. If the department establishes standards in this section, an EMS agency license shall be required to operate the EMS vehicle or provide the service, and an EMS agency may not operate the vehicle or provide the service unless approved to do so by the department. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8138 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
35 Pa.C.S. § 7103 — PA Code / Title 35 / Chapter 71 / Section 7103
Purposes of part.
Status: in_force

The purposes of this part are to:

(1) Reduce vulnerability of people and communities of this Commonwealth to damage, injury and loss of life and property resulting from disasters.

(2) Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster.

(3) Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters.

(4) Clarify and strengthen the roles of the Governor, Commonwealth agencies and local government in prevention of, preparation for, response to and recovery from disasters.

(5) Authorize and provide for cooperation in disaster prevention, preparedness, response and recovery.

(6) Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response and recovery by agencies and officers of this Commonwealth, and similar State-local and Federal-State activities in which the Commonwealth and its political subdivisions participate.

(7) Provide a disaster management system embodying all aspects of predisaster preparedness and postdisaster response.

(8) Assist in prevention of disaster caused or aggravated by inadequate planning for and regulation of public and private facilities and land use.

(9) Supplement, without in any way limiting, authority conferred by previous statutes of this Commonwealth and increase the capability of the Commonwealth and local agencies having responsibilities for civil defense to perform both civil defense and disaster services.

(10) Further the operational capacities of Commonwealth agencies to deal with disaster situations.

(11) Further programs of education and training.

(12) Establish integrated communications capabilities and warning systems.
35 Pa.C.S. § 79A21 — PA Code / Title 35 / Chapter 79 / Section 79A21
Volunteer service credit program.
Status: in_force

(a) Establishment.--The governing body may establish a volunteer service credit program that establishes the annual requirements for the certification of a volunteer in active service at a volunteer fire company or a nonprofit emergency medical services agency.

(b) Activities.--The volunteer service credit program shall consider the following activities in determining credit toward a certification of active service:

(1) The number of emergency calls to which a volunteer responds.

(2) The level of training and participation in formal training and drills for a volunteer.

(3) The total amount of time expended by a volunteer on administrative and other support services, including fundraising and facility or equipment maintenance.

(4) The involvement in other events or projects that aid the financial viability, emergency response or operational readiness of a volunteer fire company or a nonprofit emergency medical services agency.

(c) Guidelines.--The governing body shall, with the advice of the chief of a volunteer fire company and the supervisor or chief of a nonprofit emergency medical services agency or their designees, adopt guidelines, including forms and applications, necessary to implement this section.

(d) Eligibility list.--A notarized list of eligible active volunteers shall be submitted to the governing body, no later than 45 days before tax notices are to be distributed, by the following:

(1) The chief of a volunteer fire company, where applicable.

(2) The supervisor or chief of a nonprofit emergency medical services agency, where applicable. Cross References. Section 79A21 is referred to in section 79A03 of this title.
35 Pa.C.S. § 5306 — PA Code / Title 35 / Chapter 53 / Section 5306
Special public meeting (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5306 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7707 — PA Code / Title 35 / Chapter 77 / Section 7707
Penalties.
Status: in_force

(a) General rule.--Any person violating any of the plans and programs adopted and promulgated by the Pennsylvania Emergency Management Council shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $200 or imprisonment not exceeding 30 days or both, for the first offense, and a fine not exceeding $500 or imprisonment not exceeding 90 days or both, for each subsequent offense.

(b) Loss of funds.--Those political subdivisions in violation of section 7501 (relating to general authority of political subdivisions), section 7502 (relating to local coordinator of emergency management), section 7503 (relating to powers and duties of political subdivisions) or section 7504 (relating to coordination, assistance and mutual aid) shall, at the direction of the council, be subject to loss of Federal personnel and administrative funding for the remainder of the fiscal year in which conviction is established. Reinstatement of Federal personnel and administrative funding shall take place the year following approval of remedial action to the violation.
35 Pa.C.S. § 7814 — PA Code / Title 35 / Chapter 78 / Section 7814
Consolidation incentive.
Status: in_force

If two or more volunteer fire companies consolidate their use of facilities, equipment, firefighters and services, the consolidated entity may, upon notification of the commissioner, be eligible for a reduction of the interest rate payable on any outstanding principal balance owed, as of the date of consolidation, by any or all of the consolidating companies to the Fire and Emergency Medical Services Loan Fund for loans made under the act of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act, or under Subchapter E of Chapter 73 (relating to Fire and Emergency Medical Services Loan Program). The reduction in the interest rate payable shall be from 2% to 1%. Upon receipt of such notification, the commissioner shall determine and verify that the consolidated entity is in fact a bona fide consolidated volunteer fire company. If the commissioner determines that the consolidated entity is a bona fide consolidated volunteer fire company, the commissioner shall reduce the interest rate payable on any outstanding principal balance owed to the Fire and Emergency Medical Services Loan Fund for loans made under the former Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act, or under
35 Pa.C.S. § 5205 — PA Code / Title 35 / Chapter 52 / Section 5205
Exemption from liability.
Status: in_force

(a) Practitioner exemption.--No practitioner or employee of a practitioner acting in good faith shall be subject to criminal or civil liability or be considered to have engaged in unprofessional conduct for failing to offer or administer a prescription or medication order for a controlled substance containing an opioid under the voluntary nonopioid directive form.

(b) Representative exemption.--No person acting as a representative or an agent under a health care proxy shall be subject to criminal or civil liability for making a decision under section 5204(a)(3) (relating to guidelines) in good faith.
35 Pa.C.S. § 75A05 — PA Code / Title 35 / Chapter 75 / Section 75A05
Toll-free helpline.
Status: in_force

(a) General rule.--The department shall:

(1) Establish a toll-free helpline to respond to calls from emergency responders who have been involved in a critical incident or are dealing with mental wellness issues.

(2) Obtain the toll-free telephone number 866-1ST-HELP for such purposes. If the telephone number 866-1ST-HELP is not available, the department shall obtain a substantially similar telephone number acronym for such purposes.

(3) Permit persons to provide information anonymously, should they choose to do so.

(4) Ensure the confidentiality of the names of callers, information discussed during the call and any referrals for further services.

(b) Helpline operators.--An operator of the helpline must be an individual adequately trained in identifying post-traumatic stress injuries and other emotional and psychological reactions common to emergency responders or capable of making an appropriate referral to either a peer-to-peer support program or a licensed behavioral health professional for further mental health evaluation or care.

(c) Posting.--A sign shall be posted at all sites where emergency responders serve and shall:

(1) Be no smaller than 8 1/2 by 11 inches.

(2) Be posted in a conspicuous manner clearly visible to emergency responders.

(3) Include the following information:

(i) The toll-free telephone number, which must be printed in bold type and large font.

(ii) Notice that callers may provide information anonymously if they choose to do so.

(d) Online access to sign.--The department and cooperating officials and agencies shall provide the sign on their respective publicly accessible Internet websites for any person to print as needed.
35 Pa.C.S. § 5403 — PA Code / Title 35 / Chapter 54 / Section 5403
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Cancer clinical trials." Research studies that test new cancer treatments on people, including chemotherapies, stem cell therapies and other new treatments.

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

"IEC." An Independent Ethics Review Committee that is an appropriately constituted group formally established in accordance with applicable United States Food and Drug Administration regulations or outside the United States by other equivalent and applicable international regulations and guidelines in order to review and monitor biomedical research involving human subjects, and specifically having the authority to approve or disapprove research or to require modifications in research to secure approval.

"Inducement." Paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial.

"IRB." An Institutional Review Board that is an appropriately constituted group formally established in accordance with applicable United States Food and Drug Administration regulations or outside the United States by other equivalent and applicable international regulations and guidelines in order to review and monitor biomedical research involving human subjects, and specifically having the authority to approve or disapprove research or to require modifications in research to secure approval.

"Patient-subject." A person participating in a cancer clinical trial.

"Third-party reimbursement entity." A third-party nonprofit corporation or public charity that specializes in assisting cancer patients and increasing enrollment, retention and minority participation in cancer clinical trials.
35 Pa.C.S. § 75A04 — PA Code / Title 35 / Chapter 75 / Section 75A04
Trained peer support providers.
Status: in_force

(a) Establishment.--The department, in conjunction with cooperating officials and agencies, shall develop and establish

guidelines for the recruitment and training of entities capable of providing peer-to-peer support under section 75A03 (relating to peer-to-peer support programs).

(b) Contents.--The guidelines shall include the establishment of minimum qualifications as a trained peer support provider.

(c) Credentialing requirement.--The department shall establish a clear credentialing requirement and a certificate evidencing a trained peer support provider's qualifications.

(d) Procedure.--A procedure shall be established for the suspension or revocation of credentials.
35 Pa.C.S. § 7418 — PA Code / Title 35 / Chapter 74 / Section 7418
Audits.
Status: in_force

(a) General rule.--

(1) The Office of Auditor General shall have the power and its duty shall be to audit the accounts and records of every volunteer firefighters' relief association receiving money under Chapter 7 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, as far as may be necessary to satisfy the Auditor General that the money received was or is being expended for no purpose other than that authorized by this subchapter. Copies of all audits shall be furnished to the Governor.

(2) The commissioner, in consultation with the State Fire Advisory Board, shall establish and publish annually, on the Office of the State Fire Commissioner's publicly accessible Internet website, eligible uses of the money in accordance with this subchapter.

(3) The commissioner may receive inquiries from the fire services on eligible uses of money and, in consultation with the State Fire Advisory Board, make a determination on the eligible use of money on the equipment or service that is the subject of the inquiry.

(4) Notwithstanding paragraph (1), the commissioner shall maintain authority relating to the eligible uses of money received.

(b) Findings.--If the Auditor General finds that money received by a volunteer firefighters' relief association has been expended for a purpose other than one authorized by this subchapter, the commissioner, upon receiving notice of the findings from the Auditor General, shall decline to approve payment to the volunteer firefighters' relief association until the improperly expended amount has been reimbursed to the relief association fund. (Oct. 29, 2020, P.L.739, No.91) 2020 Amendment. Act 91 amended the entire section, effective in six months as to subsec. (b) and sixty days as to the remainder of the section.
35 Pa.C.S. § 79B12 — PA Code / Title 35 / Chapter 79 / Section 79B12
Eligibility.
Status: in_force

(a) Criteria.--Upon submitting an application to participate in the program in accordance with the agency's regulations, rules or guidelines under section 79B22 (relating to regulations), an individual shall be eligible to receive tuition or loan assistance if the individual satisfies all of the following eligibility criteria:

(1) Is a resident of this Commonwealth.

(2) Is an active volunteer.

(3) Has participated in not less than 30% or, if the individual was enrolled as a student in a high school or in an approved program of education at an approved institution of higher learning within the one-year period before the individual submitted an application to the agency for tuition or loan assistance, not less than 15% of a volunteer organization's activities within the one-year period before the individual submitted an application to the agency for tuition or loan assistance. The activities may include, but not be limited to, training, drills, emergency response calls, administrative and operational support, fundraising or other events and projects that aid the financial viability of the volunteer organization.

(4) Has enrolled as a student in an approved program of education at an approved institution of higher learning after the effective date of this section.

(5) Accepts an obligation to serve as an active volunteer with a volunteer organization for at least one year prior to enrolling in an approved program of education and at least five years after completing an approved program of education.

(6) Has signed a promissory note obligating the individual to repay the full amount of tuition or loan assistance received by the individual if the individual fails to satisfy the requirements under the program.

(7) Is in good standing with the volunteer organization for which the individual is an active volunteer.

(b) Certificate.--The agency shall issue a certificate of eligibility to an individual who satisfies the eligibility criteria under subsection (a). Cross References. Section 79B12 is referred to in section 79B01 of this title.
35 Pa.C.S. § 79B16 — PA Code / Title 35 / Chapter 79 / Section 79B16
Limitation on tuition or loan assistance.
Status: in_force

An eligible student may not receive tuition or loan assistance for a total of more than five academic years or an equivalent amount of time as determined by the agency. Tuition or loan assistance must be used within seven years of graduation.
35 Pa.C.S. § 79A23 — PA Code / Title 35 / Chapter 79 / Section 79A23
Certification.
Status: in_force

(a) Self-certification.--The active volunteer shall sign and submit an application for certification to the chief of the volunteer fire company or the supervisor or chief of the nonprofit emergency medical services agency where the volunteer serves.

(b) Injured volunteer.--An active volunteer who was injured during a response to an emergency call and can no longer serve as an active volunteer because of the injury and who would otherwise be eligible for a tax credit shall be eligible for the tax credit for the succeeding five tax years.

(c) Local sign-off.--The chief and another officer of the volunteer fire company and the supervisor or chief and another officer of the nonprofit emergency medical services agency shall sign the application attesting to the individual's status as an active volunteer or that the individual can no longer serve as an active volunteer due to injury. The application shall then be forwarded to the municipality, as appropriate, for final review and processing.

Cross References. Section 79A23 is referred to in sections 79A03, 79A12, 79A13 of this title.
35 Pa.C.S. § 5314 — PA Code / Title 35 / Chapter 53 / Section 5314
Inventory.
Status: in_force

(a) Comprehensive inventory required.--The agency, in consultation with the board, shall maintain and update on a biennial basis a comprehensive inventory of each county PSAP's facilities, hardware, software, communications infrastructure, network capabilities and related equipment and services procured to determine the status of each PSAP's 911 system's stage of advancement to NG911.

(b) Contents.--The inventory shall include, but is not limited to:

(1) A record of databases, networks, radio, telephone and equipment and correlated networks at each PSAP.

(2) A record of all data systems, including, but not limited to, call and dispatch and record management systems.

(3) Equipment/network system geographic limitations and capabilities.

(4) A record of equipment or facilities that are or can be shared or collocated.

(5) A record of all leased equipment and date of each lease termination date.

(c) Counties to cooperate.--Counties shall cooperate with the agency by providing the information identified in this section and other information deemed necessary by the agency to complete an inventory as required under subsection (a). Counties that do not provide the information requested by the agency within 45 days of the request shall be suspended from any grant or funding program or be required to forfeit fund disbursements. (June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.) 2019 Amendment. Act 17 amended subsecs. (a) and (c). 2015 Amendment. Act 12 added section 5314.
35 Pa.C.S. § 3312 — PA Code / Title 35 / Chapter 33 / Section 3312
Grievances and grievance procedures.
Status: in_force

(a) Procedures and requirements.--Pursuant to its powers to publish regulations under section 3304 (relating to powers and duties of council) and with the requirements of this section, the council may establish procedures and requirements for the filing, hearing and adjudication of grievances against the council of a data source. The procedures and requirements shall be published in the Pennsylvania Bulletin pursuant to law.

(b) Claims and hearings.--Grievance claims of a data source shall be submitted to the council or to a third party designated by the council. The council or the designated third party shall convene a hearing, if requested, and adjudicate the grievance.
35 Pa.C.S. § 7604 — PA Code / Title 35 / Chapter 76 / Section 7604
Budgetary considerations.
Status: in_force

(a) Expenditures.--In addition to the funds which the Governor is authorized to transfer for disasters in accordance with 35 Pa.C.S. § 7307 (relating to use and appropriation of unused Commonwealth funds), the Governor may transfer any other appropriated but unused funds in an amount of not more than $15,000,000 in any fiscal year which may have been appropriated for the ordinary expenses of the Commonwealth government from the General Fund to be utilized for the purposes set forth in 35 Pa.C.S. § 7601 (relating to compact enacted). The Secretary of the Budget shall, within five days of a transfer of funds authorized under this section, notify the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives of such transfer. Such notification shall identify the amount transferred, the appropriation from which funds were transferred, the appropriation to which the funds were transferred and the justification for such transfer. The Secretary of the Budget shall provide a full accounting to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives after the close of each fiscal year concerning funds transferred pursuant to the provisions of this section.

(b) Reimbursements.--

(1) Reimbursement of all support provided to member states in accordance with the provisions of 35 Pa.C.S. §

7601 shall be secured by the Governor or the Governor's designee in consultation with the Secretary of the Budget.

(2) The Governor may accept on behalf of the Commonwealth all reimbursements for funds and services provided in accordance with the provisions of 35 Pa.C.S. § 7601. Reimbursements shall be deposited in the State Treasury and shall be allocated by the Secretary of the Budget to the agencies from which funds were transferred pursuant to subsection (a) of this section. References in Text. Section 7307, referred to in this section, is repealed.
35 Pa.C.S. § 7710 — PA Code / Title 35 / Chapter 77 / Section 7710
Firefighters and Auxiliaries Day.
Status: in_force

(a) General rule.--In recognition of the invaluable services performed by more than 500,000 firefighters and the similar contributions made by their auxiliaries, the Sunday of the week designated by the Governor as Fire Prevention Week shall be Firefighters and their Auxiliaries Day. It is set aside to commemorate the tireless efforts of those dedicated men and women who brave incredible dangers so that all the citizenry

can lead fruitful lives without fear of the devastating consequences of fire.

(b) Proclamation.--The Governor shall issue a proclamation each year calling upon all Pennsylvanians to commemorate the too often unheralded gallantry and personal sacrifices of firefighters and their auxiliaries and to observe that day with appropriate honors, ceremonies and prayers. (Nov. 23, 2010, P.L.1181, No.118, eff. 60 days) 2010 Amendment. Act 118 added section 7710. Special Provisions in Appendix. See section 7(b.1)(10) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.
35 Pa.C.S. § 8128 — PA Code / Title 35 / Chapter 81 / Section 8128
Receiving facilities.
Status: in_force

(a) Purpose.--A receiving facility is a facility to which an ambulance may transport a patient who requires prompt medical care in addition to that provided by the ambulance crew after the crew responds to an emergency.

(b) Requirements.--A receiving facility shall include, but need not be limited to, a fixed location having an organized emergency department, including a physician trained to manage cardiac, trauma, pediatric, medical, behavioral and all-hazards emergencies, who is present in the facility and available to the emergency department 24 hours per day and seven days per week. By regulation, the department may authorize other types of facilities to serve as receiving facilities for purposes of serving patients who have special medical needs.

(c) Patient transports.--Unless directed otherwise by a medical command physician, the initial transport of a patient following an ambulance response to a reported emergency shall be to a receiving facility pursuant to a protocol under section 8105(c) (relating to duties of department) or 8109(c)(8) (relating to regional emergency medical services councils) or such other location as the department designated by protocol.
35 Pa.C.S. § 6 — PA Code / Title 35 / Chapter 6 / Section 6
References to Pennsylvania Emergency Management Agency.
Status: in_force

The Legislative Reference Bureau shall replace references to the Pennsylvania Emergency Management Agency with references to the Office of the State Fire Commissioner in 4 Pa. Code Ch. 113 (relating to volunteer fire company, ambulance service and rescue squad assistance). Explanatory Note. Act 129 amended sections 7363, 7364, 7365, 7366 and 7376 of Title 35. 2019, JULY 2, P.L.359, NO.54
35 Pa.C.S. § 7316 — PA Code / Title 35 / Chapter 73 / Section 7316
Pennsylvania State Fire Academy (Repealed).
Status: repealed

1995 Repeal. Section 7316 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.