35 Pa.C.S. § 8120 — PA Code / Title 35 / Chapter 81 / Section 8120
Prehospital emergency medical services physicians.
Status: in_force

(a) Scope of practice.--A prehospital EMS physician is a higher-level EMS provider than an advanced EMT. A prehospital EMS physician performs for an EMS agency basic and advanced EMS skills within the scope of practice of a physician 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, as applicable, or a successor act, as follows:

(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.

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

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

(b) Certification.--The department shall certify as a prehospital EMS physician a physician who has:

(1) Successfully completed one or more of the following:

(i) An emergency medicine residency program that is accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii) The first year of an emergency medicine residency program that satisfies the requirements of subparagraph (i) and has successfully completed programs approved by the department in advanced cardiac life support, advanced trauma life support and advanced pediatric life support.

(iii) An anesthesia, family practice, internal medicine or general surgery residency program that is accepted by either the State Board of Medicine or the State Board of Osteopathic Medicine as providing the graduate medical training the board requires for issuance of a physician license without restriction and the successful completion of programs approved by the department in advanced cardiac life support, advanced trauma life support and advanced pediatric life support.

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

(3) Passed an EMS skills practical examination approved by the department or served as a prehospital health professional physician prior to the effective date of this section.

(c) Biennial registration.--A prehospital EMS physician's certification is deemed registered when the certification is issued. The initial registration shall expire under section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, a prehospital EMS physician shall register the prehospital EMS physician

certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process as prescribed by the department. The following shall apply:

(1) The department shall issue a biennial registration of a prehospital EMS physician certification to a prehospital EMS physician who meets all of the following:

(i) 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 period as the department may establish by regulation.

(ii) Has current registration of a physician license.

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

(2) A prehospital EMS physician whose registration of a prehospital EMS physician certification has expired shall qualify for a biennial registration of the certification as prescribed by regulation of the department.

(d) Transition for prehospital health professional physicians.--A physician who served as a prehospital health professional physician prior to the effective date of this section and who satisfies the certification requirements under subsection (b)(1) may serve as a prehospital EMS physician for 90 days after the effective date of this section without having secured a certification as a prehospital EMS physician. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8120 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. § 7333 — PA Code / Title 35 / Chapter 73 / Section 7333
Intrastate Mutual Aid Committee.
Status: in_force

(a) Establishment.--There is established the Intrastate Mutual Aid Committee.

(b) Membership.--The committee shall be comprised of the following members:

(1) The director of the agency or a designee, who shall serve as the chairman of the committee.

(2) The State Fire Commissioner and the Director of the Bureau of Emergency Medical Services of the Department of Health or any successor bureau or administrative unit having similar responsibilities.

(3) Three representatives each from the career fire services, the volunteer fire services and the emergency medical services.

(4) Three county emergency management agency directors, one from each agency area, who shall be recommended by the respective agency area directors.

(5) One representative each from the State Chiefs of Police Association, the State Fraternal Order of Police and the Pennsylvania State Police.

(6) One representative each from the Statewide county and municipal government associations' representative elected officials.

(7) Three representatives from county-based 911 programs.

(8) One representative from the Pennsylvania State Coroners Association.

(c) Appointments.--Each member under subsection (b) shall be appointed by the director of the agency, and the appointment shall be based on recommendations from the organizations and associations represented. The county-based 911 members shall be selected from recommendations made by the three agency area directors.

(d) Terms of office.--Members shall serve a term of two years and may be appointed for subsequent terms.

(e) Duties of committee.--The committee shall do all of the following:

(1) Hold at least one meeting each year to review the progress and status of the intrastate mutual aid system.

(2) Provide participating political subdivisions with a method to track and evaluate the system.

(3) Examine issues facing participating political subdivisions and emergency responders regarding the implementation of this subchapter.

(4) Prepare an annual report on the condition and effectiveness of mutual aid in this Commonwealth, which shall be submitted to 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. This report may contain recommendations for correcting any deficiencies within the system.

(5) Develop all of the following:

(i) Comprehensive guidelines and procedures that address all of the following:

(A) Projected or anticipated costs potentially incurred by a participating political subdivision.

(B) Recordkeeping for participating political subdivisions.

(C) Reimbursement procedures and other necessary implementation elements.

(D) Any other procedures that the committee deems necessary.

(ii) Checklists for requesting and providing assistance.

(iii) Forms for requests and other records to document the deployment and return of assets.
35 Pa.C.S. § 7367 — PA Code / Title 35 / Chapter 73 / Section 7367
Authority to borrow.
Status: in_force

Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania and the referenda approved by the electorate on November 4, 1975, November 3, 1981, November 6, 1990, and November 5, 2002, the Governor, Auditor General and State Treasurer are authorized and directed to borrow, on the credit of the Commonwealth, money not exceeding in the aggregate the sum of $100,000,000 to implement this subchapter, the act of September 25, 1975 (P.L.296, No.95), entitled "An act authorizing the indebtedness, with the approval of the electors, of ten million dollars for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house fire fighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing new fire fighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties," and the act of June 30, 1981 (P.L.138, No.44), entitled "An act authorizing the indebtedness, with the approval of the electors, of $15,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for

the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing firefighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties," as well as to implement in part section 31.3 of the act of June 29, 2002 (P.L.559, No.89), entitled "An act amending the act of March 4, 1971 (P.L.6, No.2), entitled 'An act relating to tax reform and State taxation by codifying and enumerating certain subjects of taxation and imposing taxes thereon; providing procedures for the payment, collection, administration and enforcement thereof; providing for tax credits in certain cases; conferring powers and imposing duties upon the Department of Revenue, certain employers, fiduciaries, individuals, persons, corporations and other entities; prescribing crimes, offenses and penalties,' further providing, in sales and use tax, for definitions, for imposition, for exclusions, for licenses, for collection, for bulk and auction sales and for crimes; providing, in local tax situs, for situs of mobile telecommunications services; further providing, in personal income tax, for definitions, for classes of income, for special tax provisions for poverty, for contributions, for bulk and auction sales and transfers; in corporate net income tax, for definitions, for imposition and for interest in unincorporated entities; and in capital stock and franchise tax, for definitions, for imposition, for deposit of proceeds, for interest in unincorporated entities and for applicability and expiration; establishing revenue-neutral reconciliation in utilities gross receipts tax; providing, in public utility realty tax and for surcharge; further providing, in realty transfer tax, for furnishing stamps; in cigarette tax, for incidence and rate, for floor tax, for commissions on sales and for disposition of certain funds; in research and development tax credit, for time limitations and for termination; in inheritance tax, for definitions, for transfers not subject to tax and for estate tax and for estate tax returns; providing for immediate assessment, settlement or collection and for depreciation of certain property in cities of the first class; and making repeals." Cross References. Section 7367 is referred to in section 7378.4 of this title.
35 Pa.C.S. § 75A01 — PA Code / Title 35 / Chapter 75 / Section 75A01
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:

"Cooperating officials and agencies." Includes the following:

(1) The Department of Human Services of the Commonwealth.

(2) A county mental health office located within this Commonwealth.

(3) The State Fire Commissioner.

(4) The Department of Drug and Alcohol Programs of the Commonwealth.

"Corrections officer." A full-time employee assigned to the Department of Corrections whose principal duty is the care, custody and control of inmates of a penal or correctional institution operated by the Department of Corrections.

"Critical incident." A situation to which an emergency responder responds that presents or involves either the death or serious bodily injury of an individual, or the imminent potential of death or serious bodily injury of an individual, or any situation faced by an emergency responder in the course of duty which causes or may cause the emergency responder to experience strong negative emotional reactions.

"Critical incident stress management network." A network that meets the requirements of membership with the Pennsylvania Voluntary Critical Incident Stress Management Network as administered by the department.

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

"Emergency responder." Any of the following:

(1) A current or former certified emergency medical services provider, current or former member of an emergency medical services agency, fire company or rescue company.

(2) A peace officer.

(3) A 911 dispatcher.

(4) A coroner or medical examiner who responds in an official capacity to an emergency.

(5) A corrections officer.

"Mental wellness and stress management guidelines." A plan that:

(1) Requires education and training on traumatic brain injuries and traumatic stress, including acute stress reactions, acute stress disorder, post-traumatic stress injuries and other emotional reactions and components of trauma reaction for emergency responders.

(2) Sets responsibilities for public agencies and emergency responders who sustain a post-traumatic stress injury or traumatic brain injury arising from their work.

(3) Provides remedial supportive actions for public agencies in response to a report of a post-traumatic stress injury or traumatic brain injury sustained by an emergency responder.

"Peace officer." As defined in 18 Pa.C.S. § 501 (relating to definitions).

"Peer-to-peer support program." A regional peer support service program established under section 75A03 (relating to peer-to-peer support programs) which offers services:

(1) designated by the department to be used in:

(i) recognizing the symptoms of a mental health condition, including those caused by a critical incident; and

(ii) making a behavioral health referral through an employee assistance program or other mental health agency for treatment by a licensed behavioral health professional; and

(2) delivered by a trained peer support provider.

"Post-traumatic stress injury." A post-traumatic stress disorder as defined by the American Psychiatric Association and

documented in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, 5th edition.

"Public agency." As defined under section 5302 (relating to definitions).

"Secretary." The Secretary of Health of the Commonwealth.

"Trained peer support provider." An emergency responder who has the training, credentials or experience to provide support and advocacy services and is recognized by the department under this chapter.
35 Pa.C.S. § 7351 — PA Code / Title 35 / Chapter 73 / Section 7351
Establishment, purpose and name.
Status: in_force

In order to enable the Department of Education more effectively to train firefighters under the program of the Public Service Institute Board established by the department under its vocational education program, there is hereby established a training school for firefighters for practical training in the control and extinguishment of fires. The training school shall be known as the Pennsylvania State Firemen's Training School.
35 Pa.C.S. § 5102 — PA Code / Title 35 / Chapter 51 / Section 5102
Safe opioid prescription education.
Status: in_force

(a) Curriculum.--Beginning August 1, 2017, the licensing boards shall, by joint regulation, implement a safe prescription of a controlled substance containing an opioid curriculum. The curriculum may be offered in colleges or by providers approved by the licensing boards and shall include all of the following:

(1) Current, age-appropriate information relating to pain management.

(2) Multimodal treatments for chronic pain that minimize the use of a controlled substance containing an opioid.

(3) If a controlled substance containing an opioid is indicated, instruction on safe methods of prescribing a controlled substance containing an opioid that follow guideline-based care.

(4) Identification of patients who have risk factors for developing problems with prescription of a controlled substance containing an opioid.

(5) Training on managing substance use disorders as a chronic disease.

(b) Separation from standardized curriculum.--The education required under this chapter shall not be considered to be a mandate of the curriculum necessary for graduation. Nothing in this chapter shall be construed to prohibit a college from requiring such curriculum to be necessary to graduate after August 1, 2017.
35 Pa.C.S. § 75A07 — PA Code / Title 35 / Chapter 75 / Section 75A07
Trauma and suicide awareness and impact training.
Status: in_force

(a) Training required.--The department shall develop a program of trauma and suicide awareness and impact training. The department may partner or contract with a third-party entity to provide the necessary training. The department shall require trauma and suicide awareness and impact training as a component of initial and continuing education for EMS providers and shall make the training available to other emergency responders.

(b) Training topics.--Trauma and suicide awareness and impact training shall include the following:

(1) Education on stress management.

(2) Critical incidents.

(3) Signs and symptoms of post-traumatic stress injury.

(4) Vicarious trauma.

(5) Substance abuse and addiction.

(6) Warning signs of depression and suicide and any other relevant topics as determined by the department.

(7) The availability of additional resources, including the resources created under this chapter.
35 Pa.C.S. § 7833 — PA Code / Title 35 / Chapter 78 / Section 7833
Allocation of appropriated funds.
Status: in_force

(a) Administration.--

(1) Except as provided under paragraph (2), no money from the appropriation for grants shall be used for expenses or costs incurred by the commissioner for the administration of the grant programs authorized under Subchapters B (relating to fire company grant program) and C (relating to emergency medical services grant program).

(2) Notwithstanding paragraph (1), the commissioner may use not more than $800,000 of any unencumbered funds remaining in the fund for administrative costs for grant program implementation under this chapter.

(b) Grant allocation.--Unless otherwise expressly stated, money appropriated to the commissioner for purposes of fire company and EMS company grants shall be allocated as follows:

(1) Eighty-eight percent of the amount appropriated shall be used for making grants to eligible fire companies under Subchapter B.

(2) Twelve percent of the amount appropriated shall be used for making grants to eligible EMS companies under
35 Pa.C.S. § 5603 — PA Code / Title 35 / Chapter 56 / Section 5603
Administration.
Status: in_force

(a) Applications.--An application for a grant under this chapter shall be submitted by an eligible applicant in the form and manner prescribed by the commission.

(b) Initial application period.--No later than March 1, 2020, the commission shall begin to accept applications from eligible applicants for grant money available during the fiscal year. The commission shall provide notice of the application period on the commission's publicly accessible Internet website.

(c) Additional application period.--If money is available in the fund, no later than October 1, 2020, and each October 1 thereafter, the commission shall accept applications from eligible applicants during the fiscal year. The commission shall provide notice of a new application period on the commission's publicly accessible Internet website.

(d) Review process.--The commission shall review applications and make awards subject to subsection (e) on a rolling basis. No later than 90 days after a completed application is received from an eligible applicant, the commission, in consultation with the Governor's Office of

Homeland Security and the Pennsylvania State Police, shall review and approve or deny the application. An eligible applicant may revise and resubmit a denied application to the commission.

(e) Allocation.--An eligible applicant may not receive more than the following amounts in any fiscal year:

(1) Subject to paragraphs (2), (3) and (4):

(i) The minimum grant amount awarded shall be no less than $5,000.

(ii) The maximum grant amount awarded may not be more than $150,000.

(2) The commission may not require non-State financial participation from an eligible applicant for a grant request that is $25,000 or less.

(3) The commission may award a grant between $25,001 and $75,000 if the eligible applicant provides non-State financial participation equal to 33% of the requested grant amount.

(4) The commission may award a grant between $75,001 and $150,000 if the eligible applicant provides non-State financial participation equal to 50% of the requested grant amount.

(f) Limitations.--The following shall apply to grant applications:

(1) The commission may not provide grants in excess of the amount in the fund.

(2) The commission may prorate the grant amount to an eligible applicant.

(g) Eligible projects.--The commission may only award grants through the fund for eligible projects. Eligible applicants may only expend grant money received through the fund on eligible projects.

(h) Eligibility for redevelopment assistance capital project.--An eligible project which receives a grant under this chapter may be the subject of an award for a redevelopment assistance capital project under Chapter 3 of the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act. Nothing in this subsection shall be construed to modify the eligibility requirements for redevelopment assistance capital projects under the Capital Facilities Debt Enabling Act.
35 Pa.C.S. § 5501 — PA Code / Title 35 / Chapter 55 / Section 5501
Scope of chapter.
Status: in_force

This chapter relates to epinephrine auto-injector entities.
35 Pa.C.S. § 8118 — PA Code / Title 35 / Chapter 81 / Section 8118
Prehospital registered nurses.
Status: in_force

(a) Scope of practice.--A PHRN is a higher-level EMS provider than an advanced EMT. A PHRN performs for an EMS agency basic and advanced EMS skills and, as authorized by the department, additional nursing skills within the scope of practice of a registered nurse under the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, or a successor act, as follows:

(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, 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 PHRN an individual who meets all of the following:

(1) Has a current license as a registered nurse with the State Board of Nursing.

(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 PHRN skills practical examination approved by the department.

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

(c) Biennial registration.--A PHRN'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 PHRN must register the PHRN 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 PHRN certification to a PHRN 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) Has current registration of a registered nurse license.

(iii) Successfully secures continuing education credits for a PHRN biennial registration as required by

the department in continuing education programs approved by the department.

(2) A PHRN whose registration of a PHRN 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 8118 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. § 7362 — PA Code / Title 35 / Chapter 73 / Section 7362
Legislative findings and declaration of purpose.
Status: in_force

(a) Findings.--The General Assembly finds that:

(1) Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania, the voters of the Commonwealth approved by referenda on November 4, 1975, the incurring of indebtedness of $10,000,000 and on November 3, 1981, approved the incurring of an additional $15,000,000

of indebtedness and on November 6, 1990, approved the incurring of an additional $25,000,000 of indebtedness for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles and for purchasing new firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of such organizations' duties.

(2) Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania, on November 5, 2002, the voters of this Commonwealth approved by referendum the incurring of indebtedness for the establishment of a program that utilizes capital and other related methods to enhance and improve the delivery of volunteer fire and volunteer emergency services in this Commonwealth. The General Assembly further finds that the use of up to $50,000,000 of such indebtedness to expand the existing program providing for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads as authorized under this subchapter is an appropriate use of such indebtedness.

(b) Purpose.--The General Assembly has determined that fire companies and emergency medical services companies are most in need of loans. The General Assembly intends that the loans provided under this subchapter be used to replace outmoded or unsafe equipment and buildings of fire companies and emergency medical services companies to meet an increasing demand for a higher level of service in the communities which they serve. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended subsec. (b).
35 Pa.C.S. § 7413 — PA Code / Title 35 / Chapter 74 / Section 7413
Statement of purpose.
Status: in_force

The purpose of this subchapter is to encourage individuals to take part in the fire service as volunteer firefighters by establishing criteria and standards for orderly administration and conduct of affairs of firefighters' relief associations to ensure, as far as circumstances will reasonably permit, that funds shall be available for the assistance to and protection of volunteer firefighters and their heirs in order to provide:

(1) Financial assistance to volunteer firefighters who may suffer physical or mental injury or misfortune by reason of their participation in the fire service.

(2) Financial assistance to the widow, children and other dependents of volunteer firefighters who lose their lives as a result of their participation in the fire service.

(3) For payment, either by insurance or by operation of a beneficial fund, of a sum certain to designated beneficiaries of a participating member following the death of a member for any cause and to establish criteria which members must meet in order to qualify as participants in a death benefit fund.

(4) Safeguards for preserving life, health and safety of volunteer firefighters to ensure their availability to participate in the fire service, including necessary training.

(5) Financial assistance to volunteer firefighters who, after having actively participated in the fire service for a specified minimum term, are no longer physically able to continue participation and are in need of financial assistance.

(6) Funds to aid rehabilitation of volunteer firefighters who have suffered an impairment of their physical capacity to continue to perform their normal occupations.

(6.1) Financial assistance to recruit and retain volunteer firefighters.

(7) Sufficient funds to ensure the efficient and economic handling of the business of firefighters' relief associations in accomplishing the objectives of this section. (Oct. 29, 2020, P.L.739, No.91, eff. 6 months) 2020 Amendment. Act 91 amended the intro. par. and pars.

(1) and (4) and added par. (6.1).
35 Pa.C.S. § 5206 — PA Code / Title 35 / Chapter 52 / Section 5206
Licensing boards.
Status: in_force

Notwithstanding any other provision of law or regulation, a licensing board may limit, condition or suspend the license of or assess a fine against a practitioner who recklessly or negligently fails to comply with a patient's voluntary nonopioid directive form.
35 Pa.C.S. § 52A03 — PA Code / Title 35 / Chapter 52 / Section 52A03
Prohibition.
Status: in_force

(a) Proscription.--A prescriber may not do any of the following:

(1) Prescribe to a minor a controlled substance containing an opioid unless the prescriber complies with section 52A04 (relating to procedure).

(2) Except as set forth in subsection (b) and subject to section 52A04(c)(1), prescribe to a minor more than a seven-day supply of a controlled substance containing an opioid.

(b) Exception.--Notwithstanding subsection (a)(1), a prescriber may prescribe to a minor more than a seven-day supply of a controlled substance containing an opioid if any of the following apply:

(1) In the professional medical judgment of the prescriber, more than a seven-day supply of a controlled substance containing an opioid is required to stabilize the minor's acute medical condition. In order for this paragraph to apply, the prescriber must:

(i) document the acute medical condition in the minor's record with the prescriber; and

(ii) indicate the reason why a non-opioid alternative is not appropriate to address the acute medical condition.

(2) The prescription is for:

(i) management of pain associated with cancer;

(ii) use in palliative or hospice care; or

(iii) management of chronic pain not associated with cancer. Effective Date. Section 2(2) of Act 125 of 2016 provided that section 52A03 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671. Cross References. Section 52A03 is referred to in section 52A04 of this title.
35 Pa.C.S. § 8107.2 — PA Code / Title 35 / Chapter 81 / Section 8107.2
Submission of list.
Status: in_force

The foundation shall annually submit to the Department of Human Services its list of accredited Level I, II, III and IV trauma centers with updates as necessary. The list shall include all Level I and Level II trauma centers as specified under this chapter. (July 2, 2019, P.L.359, No.54, eff. imd.) 2019 Amendment. Act 54 added section 8107.2. 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. § 7212 — PA Code / Title 35 / Chapter 72 / Section 7212
Regional counterterrorism task forces.
Status: in_force

(a) Establishment.--The agency, in coordination with State, county and municipal emergency management, health, law enforcement, public safety and other officials and representatives from volunteer service organizations, private business and industry, hospitals and medical care facilities and other entities responsible for the health, safety and welfare of the residents of this Commonwealth, shall establish regional counterterrorism task forces throughout this Commonwealth.

(b) Response plans.--A regional counterterrorism task force shall prepare a counterterrorism preparedness and response plan in accordance with guidelines developed by the agency. The agency shall review and approve each plan in a timely manner, but no later than 90 days after its submission to the agency. The task force shall review and update the plan on an annual basis. A task force that does not have an approved plan shall be suspended from a grant or funding program.

(c) Meetings.--Regional counterterrorism task force meetings that are called to discuss sensitive or classified law enforcement, terrorist threat assessment or other confidential public and private facility safety information shall not be deemed a public record subject to disclosure under 65 Pa.C.S. Ch. 7 (relating to open meetings).
35 Pa.C.S. § 79A24 — PA Code / Title 35 / Chapter 79 / Section 79A24
Rejection and appeal.
Status: in_force

(a) General rule.--A governing body that establishes a tax credit under this chapter shall adopt, by ordinance or resolution, a process for rejecting a claim by an active volunteer who does not satisfy all of the criteria established under this chapter for each type of tax credit provided under this chapter.

(b) Appeal.--An active volunteer shall have the right to appeal a claim that has been rejected by a governing body. The governing body shall establish, by ordinance or resolution, the procedure by which a rejected claim can be appealed. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days; Nov. 3, 2022, P.L.1674, No.104, eff. imd.) 2022 Amendment. Act 104 amended subsec. (a). 2020 Amendment. Act 91 amended subsec. (b). Cross References. Section 79A24 is referred to in section 79A32 of this title.
35 Pa.C.S. § 8126 — PA Code / Title 35 / Chapter 81 / Section 8126
Medical command physicians and facility medical directors.
Status: in_force

(a) Role of medical command physician.--A medical command physician communicates with and issues medical command orders to EMS providers when they seek direction. A medical command physician shall have an arrangement with a medical command facility to provide medical command on its behalf and shall function under the direction of a medical command facility medical director and under the policies and procedures of the medical command facility. A medical command physician shall provide medical command to EMS providers consistent with Statewide protocols and protocols that are in effect in either the region in which treatment originates or the region from which the EMS providers begin receiving medical command from a medical command physician. For good cause, a medical command physician may give medical command orders that are inconsistent with these protocols.

(b) Certification.--The department shall certify as a medical command physician a physician who was approved as a medical command physician in this Commonwealth immediately prior to the effective date of this section. The department shall also certify as a medical command physician a physician who:

(1) Completes an application for medical command physician certification on a form or through an electronic application process, as prescribed by the department.

(2) Satisfies one of the following:

(i) Has successfully completed an emergency medicine residency program accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii) Has successfully completed or taught an advanced cardiac life support course acceptable to the department within the preceding two years and has successfully completed or taught an advanced trauma life support course acceptable to the department and an advanced pediatric life support course acceptable to the department or other programs determined by the department to meet or exceed the standards of these programs.

(iii) Has had an emergency medicine practice in another jurisdiction and establishes to the department that the physician has a combination of training, education and emergency medicine practice that makes the physician qualified to serve as a medical command physician.

(3) Has completed a medical command course offered or approved by the department.

(4) Is practicing as an emergency medicine physician or is participating as a resident in a second or subsequent year in an emergency medicine residency program or has had at least three years' experience as a full-time emergency medicine physician.

(5) Has a current Drug Enforcement Agency number, except for an emergency medicine resident who is authorized to use a hospital's Drug Enforcement Agency number for practice within the emergency medicine residency program.

(6) Has an arrangement with a medical command facility to serve as a medical command physician for that facility after receiving certification as a medical command physician.

(c) Triennial registration.--A medical command physician's certification is deemed registered for three years after

issuance. A medical command physician shall triennially register the physician's certification with the department on a form or through an electronic application process, as prescribed by the department, as a condition for continued practice as a medical command physician. The department shall issue a triennial registration of a medical command physician's certification to a medical command physician within 30 days after the physician applies for a new registration if the physician demonstrates that the physician continues to meet the requirements for the certification, except the requirements of subsection (b)(2), and satisfies such other requirements as the department may impose by regulation.

(d) Residents.--A physician who is in a second year in an emergency medicine residency program may issue medical command orders only to the extent that performance of that function is a component of and within the framework of the emergency medicine residency program and may do so only with supervision by a medical command physician who has served as a medical command physician for at least two years, has completed two years in an emergency medicine residency program or has secured medical command certification by satisfying subsection

(b)(2)(iii).

(e) Role of medical command facility medical director.--A medical command facility medical director shall be responsible for the following in a medical command facility:

(1) Medical command.

(2) Quality improvement.

(3) Serving as a liaison with the regional EMS council medical director.

(4) Participating in prehospital training activities.

(5) Verifying to the department that a physician seeking a medical command physician's certification, based upon the physician's arrangement with the medical command facility, meets all certification requirements.

(6) Ensuring that the medical command facility satisfies statutory and regulatory requirements.

(f) Certification.--The department shall certify as a medical command facility medical director a physician who was approved as a medical command facility medical director in this Commonwealth immediately prior to the effective date of this section. The department shall also certify as a medical command facility medical director a physician who:

(1) Completes an application for medical command facility medical director certification on a form or through an electronic application process, as prescribed by the department.

(2) Is currently serving as a medical command physician.

(3) Satisfies one of the following:

(i) Has successfully completed a residency program in emergency medicine accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii) Has successfully:

(A) completed a residency program in surgery, internal medicine, family medicine, pediatrics or anesthesiology accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine; and

(B) completed or taught:

(I) an advanced cardiac life support course acceptable to the department within the preceding two years; (II) an advanced trauma life support course acceptable to the department; and (III) an advanced pediatric life support course acceptable to the department.

(4) Has experience in prehospital and emergency department care of acutely ill or injured patients.

(5) Has experience in providing medical command direction to EMS providers.

(6) Has experience in the training of EMS providers both below and above the advanced EMT level.

(7) Has experience in the medical audit, review and critique of EMS providers below and above the advanced EMT level.

(8) Has an arrangement with a medical command facility to serve as its medical director after receiving certification as a medical command facility medical director.

(g) Triennial registration.--A medical command facility medical director's certification is deemed registered for three years after issuance. A medical command facility medical director shall triennially register the physician's certification with the department on a form or through an electronic application process, as prescribed by the department, as a condition for continued practice as a medical command facility medical director. The department shall issue a triennial registration of a medical command facility medical director certification to a medical command facility medical director within 30 days after the physician applies for a new registration if the physician demonstrates that the physician continues to meet the requirements for the certification, except the requirements of subsection (f)(3), and satisfies such other requirements as the department may impose by regulation.

(h) Grounds for discipline.--The department may discipline a medical command physician or medical command facility medical director for the following reasons:

(1) Violating a responsibility imposed on the physician by this chapter or the related regulations.

(2) Without good cause, failing to comply with a medical treatment, transport or transfer protocol established or approved by the department.

(i) Types of discipline authorized.--When the department is empowered to discipline a medical command physician or medical command facility medical director under subsection (h), the department may do one or more of the following:

(1) Deny the application for a certification.

(2) Issue a public reprimand.

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

(4) Impose a civil money penalty not exceeding $1,000 for each incident in which the physician 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.
35 Pa.C.S. § 52A04 — PA Code / Title 35 / Chapter 52 / Section 52A04
Procedure.
Status: in_force

(a) Requirements.--Except as set forth in subsection (b), before issuing a minor the first prescription in a single course of treatment for a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:

(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.

(2) Discuss with the minor and the minor's parent or guardian or with an authorized adult all of the following:

(i) The risks of addiction and overdose associated with the controlled substance containing an opioid.

(ii) The increased risk of addiction to controlled substances to individuals suffering from mental or substance use disorders.

(iii) The dangers of taking a controlled substance containing an opioid with benzodiazepines, alcohol or other central nervous system depressants.

(iv) Other information in the patient counseling information section of the labeling for controlled substances containing an opioid required under 21 C.F.R. 201.57(c)(18) (relating to specific requirements on content and format of labeling for human prescription drug and biological products described in § 201.56(b)(1)) deemed necessary by the prescriber.

(3) Obtain written consent for the prescription from the minor's parent or guardian or from an authorized adult. The prescriber shall record the consent on the form under section 52A02(b)(1) (relating to administration). The following apply:

(i) The form must contain all of the following:

(A) The brand name or generic name and quantity of the controlled substance containing an opioid being prescribed and the amount of the initial dose.

(B) A statement indicating that a controlled substance is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.

(C) A statement certifying that the prescriber engaged in the discussion under paragraph (2).

(D) The number of refills authorized by the prescription under section 52A03(b) (relating to prohibition).

(E) The signature of the minor's parent or guardian or of an authorized adult and the date of signing.

(ii) The form shall be maintained in the minor's record with the prescriber.

(b) Exception.--Subsection (a) does not apply if the minor's treatment with a controlled substance containing an opioid meets any of the following criteria:

(1) The treatment is associated with or incident to a medical emergency as documented in the minor's medical record.

(2) In the prescriber's professional judgment, complying with subsection (a) with respect to the minor's treatment would be detrimental to the minor's health or safety. The prescriber shall document in the minor's medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subsection (a).

(3) The medical treatment is rendered while the minor remains admitted to a licensed health care facility or

remains in observation status in a licensed health care facility.

(4) The prescriber is continuing a treatment initiated by another member of the prescriber's practice, the prescriber who initiated the treatment followed the procedures outlined in subsection (a) and the prescriber who is continuing the treatment is not changing the therapy in any way other than dosage.

(c) Limited prescription.--If the individual who signs the consent form under subsection (a)(3) is an authorized adult, the prescriber:

(1) may prescribe not more than a single, 72-hour supply; and

(2) shall indicate on the prescription the quantity that is to be dispensed pursuant to the prescription. (Oct. 24, 2018, P.L.650, No.93, eff. 60 days) 2018 Amendment. Act 93 amended subsec. (b). Effective Date. Section 2(2) of Act 125 of 2016 provided that section 52A04 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671. Cross References. Section 52A04 is referred to in sections 52A02, 52A03 of this title.
35 Pa.C.S. § 7926 — PA Code / Title 35 / Chapter 79 / Section 7926
Limitations.
Status: in_force

No grant under this subchapter shall be for an amount in excess of 25% of available program funds. If the amount of approved grant applications exceeds available program funds, grants shall be awarded on a pro rata basis.
35 Pa.C.S. § 7353 — PA Code / Title 35 / Chapter 73 / Section 7353
Powers and duties.
Status: in_force

The Department of Education and the Public Service Institute Board shall have the power and their duty shall be:

(1) To fix the salaries of the employees of the school in conformity with the standards established by the Executive Board.

(2) To make rules and regulations for the government and management of the school and the admission of firefighters from the various political subdivisions to the school.

(3) To prescribe the courses of study and the practical training in connection therewith.

(4) To accept on behalf of the Commonwealth donations of land or equipment for the use of the school.
35 Pa.C.S. § 8107.5 — PA Code / Title 35 / Chapter 81 / Section 8107.5
Reporting.
Status: in_force

(a) General rule.--On March 1, 2011, and annually thereafter, the Department of Human Services shall report to the Health and Human Services Committee of the Senate and the Health Committee of the House of Representatives on the trauma centers funded under section 8107.3 (relating to funding).

(b) Contents of report.--The report shall do all of the following:

(1) Identify the trauma centers receiving funds.

(2) State the amount received and the number of individuals served.

(3) Make any recommendations for improvements in this chapter which further promote the availability of trauma care services to the citizens of this Commonwealth. (July 2, 2019, P.L.359, No.54, eff. imd.)

2019 Amendment. Act 54 added section 8107.5. 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. § 7368 — PA Code / Title 35 / Chapter 73 / Section 7368
Bonds, issue, maturity and interest.
Status: in_force

(a) General rule.--As evidence of the indebtedness authorized by this subchapter, general obligation bonds of the Commonwealth shall be issued from time to time for such total amounts, in such form, in such denominations and subject to such terms and conditions of issue, redemption and maturity, rate or rates of interest and time of payment of interest, as the Governor, Auditor General and State Treasurer shall direct, except that the latest stated maturity date shall not exceed 30 years from the date of the bond first issued for each series.

(b) Facsimile signatures.--All bonds issued under the authority of this subchapter shall bear facsimile signatures of the Governor, Auditor General and State Treasurer and a facsimile of the Great Seal of the Commonwealth and shall be countersigned by two duly authorized officers of the duly authorized loan and transfer agents of the Commonwealth.

(c) Direct obligations.--All bonds issued in accordance with this subchapter shall be direct obligations of the Commonwealth, and the full faith and credit of the Commonwealth

are hereby pledged for the payment of the interest thereon as the same shall become due and the payment of the principal thereof at maturity. All bonds issued under this subchapter shall be exempt from taxation for State and local purposes. The principal of and interest on such bonds shall be payable in lawful money of the United States.

(d) Types of bonds.--Bonds may be issued as coupon bonds or registered as to both principal and interest as the issuing officials may determine. If interest coupons are attached, they shall contain the facsimile signature of the State Treasurer.

(e) Authorization.--The issuing officials shall provide for the amortization of the bonds in substantial and regular amounts over the term of the debt, except that the first retirement of principal shall be stated to mature prior to the expiration of a period of time equal to one-tenth of the time from the date of the first obligation issue to evidence such debt to the date of the expiration of the term of the debt. Retirements of principal shall be regular and substantial if made in annual or semiannual amounts whether by stated serial maturities or by mandatory sinking fund retirements computed in accordance with either a level annual debt service plan, as nearly as may be, or upon the equal annual maturities plan.

(f) Preparation and printing.--The Governor, the Auditor General and the State Treasurer shall have the necessary bonds prepared and printed. Upon preparation and printing, the bonds immediately shall be deposited with the duly authorized loan and transfer agent of the Commonwealth and shall remain in the agent's possession until sold in accordance with this subchapter.
35 Pa.C.S. § 7412 — PA Code / Title 35 / Chapter 74 / Section 7412
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:

"Commissioner." The State Fire Commissioner.

"Fire company." A volunteer fire company, a municipal fire company or a combined volunteer and municipal fire company located in this Commonwealth.

"Fire service." The service of organized groups of individuals, not only in training for and in active duty in the protection of the public against fire, but also in the training for and the performance of such other activities as are commonly undertaken by fire companies and their affiliated organizations, including, but not limited to, fire prevention, first aid, rescue and salvage, ambulance service, fire police work, radio communications, 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 participation in public celebrations, parades, demonstrations and fundraising campaigns.

"Length of service award program." A system established by a volunteer fire company or volunteer firefighters' relief association to provide tax-deferred income benefits to active volunteer members of a fire service.

"Volunteer fire company." As defined in section 7802 (relating to definitions).

"Volunteer firefighter." A person who is a member of:

(1) a fire company organized and existing under the laws of this Commonwealth;

(2) a fire police unit, rescue squad, ambulance corps or other like organization affiliated with one or more fire companies; or

(3) a fire company or affiliated organization which participates in the fire service but does not look to that service as his or her primary means of livelihood. A person does not lose status as a volunteer firefighter solely because he or she may also be a paid firefighter, so long as the person is acting within the scope of his or her responsibilities as a member of a volunteer fire company at the pertinent time and not within the scope of his or her responsibilities as a paid firefighter.

"Volunteer firefighters' relief association." An organization formed primarily to afford financial protection to volunteer firefighters against the consequences of misfortune suffered as a result of their participation in the fire service. The organization may contain within its membership the members of one or more volunteer fire companies or fire companies that are a combination of a volunteer fire company and a municipal fire company, and may serve secondary purposes, as set forth in this subchapter, but only if adequate provisions have been first made to serve the primary purpose. (Oct. 29, 2020, P.L.739, No.91, eff. 6 months) 2020 Amendment. Act 91 amended the def. of "volunteer firefighters' relief association" and added the defs. of "commissioner," "fire company," "length of service award program" and "volunteer fire company."
35 Pa.C.S. § 52B02 — PA Code / Title 35 / Chapter 52 / Section 52B02
Procedure.
Status: in_force

(a) Prescriber requirements.--Except as specified in subsection (d), before issuing an individual the first prescription in a single course of treatment for chronic pain with a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall:

(1) Assess whether the individual has taken or is currently taking a prescription drug for treatment of a substance use disorder.

(2) Discuss with the individual:

(i) The risks of addiction and overdose associated with the controlled substance containing an opioid.

(ii) The increased risk of addiction to a controlled substance if the individual suffers from a mental disorder or substance use disorder.

(iii) The dangers of taking a controlled substance containing an opioid with benzodiazepines, alcohol or other central nervous system depressants.

(iv) Other information deemed appropriate by the prescriber under 21 CFR 201.57(c)(18) (relating to specific requirements on content and format of labeling for human prescription drug and biological products described in § 201.56(b)(1)).

(v) The nonopioid treatment options available for treating chronic noncancer pain, if applicable, that are consistent with the best practices per the Pennsylvania Opioid Prescribing Guidelines.

(3) Review and sign a treatment agreement form that includes:

(i) The goals of the treatment.

(ii) The consent of the individual to a targeted test in a circumstance where the physician determines that a targeted test is medically necessary. The treatment of chronic pain shall be consistent with the Pennsylvania Opioid Prescribing Guidelines.

(iii) The prescription drug prescribing policies of the prescriber, which policies include:

(A) A requirement that the individual take the medication as prescribed.

(B) A prohibition on sharing the prescribed medication with other individuals.

(iv) A requirement that the individual inform the prescriber about any other controlled substances prescribed or taken by the individual.

(v) Any reason why the opioid therapy may be changed or discontinued by the prescriber.

(vi) Appropriate disposal methods for opioids that are no longer being used by the individual as specified in a consultation with the prescriber.

(4) Obtain written consent for the prescription from the individual. The prescriber may utilize electronic methods to obtain the written consent of the individual.

(5) Record the consent under paragraph (4) on the treatment agreement form under paragraph (3).

(b) Treatment agreement form requirements.--The treatment agreement form under subsection (a)(3) shall be maintained by the prescriber in the medical record of the individual and include:

(1) The brand name or generic name, quantity and initial dose of the controlled substance containing an opioid being prescribed.

(2) A statement indicating that a controlled substance is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.

(3) A statement certifying that the prescriber engaged in the discussion under subsection (a)(2).

(4) The signature of the individual and the date of signing. The prescriber may utilize electronic methods to obtain the signature of the individual and the date of signing.

(c) Urine drug testing.--

(1) A baseline test, periodic test or targeted test shall be used to establish a general assessment for an individual new to treatment for chronic pain and in monitoring adherence to an existing individual treatment plan, as well as to detect the use of a nonprescribed drug.

(2) A baseline test shall be required prior to the issuance of the initial prescription for chronic pain and shall include confirmatory or quantitative testing of presumptive positive drug test results.

(3) An individual who is treated for addiction or an individual who is considered moderate or high risk by the prescriber shall be tested at least once annually or as frequently as necessary to ensure therapeutic adherence.

(d) Exception.--Subsection (c) shall not apply if the treatment of an individual with a controlled substance containing an opioid is associated with or incident to:

(1) A medical emergency documented in the medical record of the individual.

(2) The management of pain associated with cancer.

(3) The use in palliative or hospice care.

(4) The professional judgment of the prescriber under subsection (a)(1) and (2).

(e) Documentation of exception.--If subsection (d) applies, the prescriber shall document in the individual's medical record the factor under subsection (d) that the prescriber believes applies to the individual.
35 Pa.C.S. § 7822 — PA Code / Title 35 / Chapter 78 / Section 7822
Publication and notice.
Status: in_force

The commissioner shall publish notice of the grant program availability through the Legislative Reference Bureau for publication in the Pennsylvania Bulletin by August 8 for each fiscal year.

(1) (Deleted by amendment).

(2) (Deleted by amendment). (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 75A06 — PA Code / Title 35 / Chapter 75 / Section 75A06
Statewide Critical Incident Stress Management Program.
Status: in_force

(a) Establishment.--The department, in consultation with the Pennsylvania Emergency Health Services Council's Critical Incident Stress Management Committee, which shall consist of representatives of emergency responders and the Pennsylvania Critical Incident Stress Management Network, shall establish a Statewide Critical Incident Stress Management Program to:

(1) Identify the emotional impact that external and internal critical incidents have on this Commonwealth's emergency responders.

(2) Prepare a response to event-driven situations affecting the emotional well-being of emergency responders.

(3) Update the Critical Incident Stress Management Team level participation in the Pennsylvania Voluntary Critical Incident Stress Management Network.

(b) (Reserved).
35 Pa.C.S. § 7511 — PA Code / Title 35 / Chapter 75 / Section 7511
Appropriations by political subdivisions.
Status: in_force

(a) General rule.--Every political subdivision shall have the power to make appropriations for the payment of expenses of the local organization in the manner provided by law for making appropriations for the ordinary expenses of the political subdivision. In making appropriations, the political subdivision shall specify the amounts and purposes for which the moneys appropriated may be used by the organization to or for which such appropriation may be made.

(b) Two or more local organizations.--Nothing in this subchapter or any other provision of this part shall be deemed to limit the power of any political subdivision to appropriate money for the purpose of paying the expenses of a local organization having jurisdiction both within and without the political subdivision even though an appropriation has been or is to be made to another local organization coterminous with or having jurisdiction within the political subdivision. Payments on account of an appropriation under this subsection shall be made pursuant to an agreement under section 7513 (relating to agreements among political subdivisions) or in the form of a gift or grant to the political subdivision responsible in the first instance for the payment of bills and claims against the local organization for the payment of the expenses for which the appropriation was made. Cross References. Section 7511 is referred to in section 7513 of this title.
35 Pa.C.S. § 7702 — PA Code / Title 35 / Chapter 77 / Section 7702
Acceptance of services, gifts, grants and loans.
Status: in_force

(a) General rule.--Whenever any person or the Federal Government or any Federal agency or officer offers to the Commonwealth or, through the Commonwealth, to any political subdivision, services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of disaster emergency services, the Commonwealth, acting through the Governor, or the political subdivision, acting with the consent of the Governor and through its executive officer or governing body, may accept the offer and upon acceptance the Governor or executive officer or governing body of the political subdivision may authorize any officer of the Commonwealth or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials or funds on behalf of the Commonwealth or political subdivision subject to the terms of the offer and the

rules and regulations, if any, of the agency or person making the offer.

(b) Property of Commonwealth.--All equipment, supplies and materials referred to in subsection (a) shall, when accepted by the Commonwealth, be treated as the property of the Commonwealth and shall be subject to the relevant provisions of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," unless the General Assembly directs otherwise by statute.
35 Pa.C.S. § 75A02 — PA Code / Title 35 / Chapter 75 / Section 75A02
Mental wellness and stress management guidelines.
Status: in_force

(a) General rule.--The secretary, in consultation with cooperating officials and agencies, shall develop mental wellness and stress management guidelines to assist emergency responders who:

(1) Suffer or may have suffered post-traumatic stress injuries or traumatic brain injuries as a result of their employment.

(2) Have been exposed to critical incidents.

(b) Compliance.--Emergency responders and public agencies for which emergency responders perform their duties shall comply with the guidelines established under this section. Effective Date. Section 5(1) of Act 69 of 2020 provided that the addition of subsec. (b) shall take effect in 180 days.
35 Pa.C.S. § 8102 — PA Code / Title 35 / Chapter 81 / Section 8102
Declaration of policy.
Status: in_force

The General Assembly finds and declares as follows:

(1) Emergency medical services are an essential public service and frequently the health care safety net for many Commonwealth residents.

(2) It is in the public interest to assure that there are high quality and coordinated emergency and urgent medical services readily available to the residents of this Commonwealth to prevent premature death and reduce suffering and disability which arise from severe illness and injury.

(3) The public interest under paragraph (2) is best achieved through a regulated and coordinated emergency medical services system.

(4) Transportation of both emergency and nonemergency patients is an integral part of the health care delivery system in this Commonwealth, and it is in the public interest that the emergency medical services system serve all persons in this Commonwealth who:

(i) require medical care to address illness or injury;

(ii) need transportation to a hospital or other health care facility to receive that care; and

(iii) require medical assessment, monitoring, assistance, treatment or observation during transportation.

(5) It serves the public interest if the emergency medical services system is able to quickly adapt and evolve to meet the needs of the residents of this Commonwealth for emergency and urgent medical care and to reduce their illness and injury risks.

(6) It serves the public interest if the emergency medical services system provides community-based health promotion services that are integrated with the overall health care system.

(7) Emergency medical services should be acknowledged, promoted and supported as an essential public service.

(8) This chapter shall be liberally construed to establish and maintain an effective and efficient emergency medical services system which is accessible on a uniform basis to residents of this Commonwealth and to visitors to this Commonwealth.

(9) Residents of this Commonwealth and visitors to this Commonwealth should have prompt and unimpeded access to urgent and emergency medical care throughout this Commonwealth.

(10) The Department of Health should continually assess and, as needed, revise the functions of emergency medical services agencies and providers and other components of the emergency medical services system that it regulates under this chapter to:

(i) improve the quality of emergency medical services provided in this Commonwealth;

(ii) have the emergency medical services system adapt to changing needs of the residents of this Commonwealth; and

(iii) promote the recruitment and retention of persons willing and qualified to serve as emergency medical services providers in this Commonwealth.

(11) The emergency medical services system should be fully integrated with the overall health care system, and in particular with the public health system, to identify, modify and manage illness and injury and illness and injury risks.
35 Pa.C.S. § 79B15 — PA Code / Title 35 / Chapter 79 / Section 79B15
Amount of tuition or loan payments.
Status: in_force

(a) Full-time students.--Payments of tuition or loan assistance to a full-time student shall be $1,000 per academic year.

(b) Part-time students.--Payments of tuition or loan assistance to a part-time student shall not exceed $500 for an academic year.

(c) First come, first served.--Tuition or loan assistance shall be granted on a first-come, first-served basis.
35 Pa.C.S. § 75A09 — PA Code / Title 35 / Chapter 75 / Section 75A09
Publication.
Status: in_force

The department and cooperating officials and agencies shall post on their respective publicly accessible Internet websites the contact information of entities offering support services under this chapter and shall update the posting annually.
35 Pa.C.S. § 7320 — PA Code / Title 35 / Chapter 73 / Section 7320
Radiological emergency response preparedness, planning and recovery program.
Status: in_force

(a) Establishment of program.--In addition to the powers and duties of the agency set forth in section 7313 (relating to powers and duties), the agency shall develop, establish and

maintain a radiological emergency response preparedness, planning and recovery program consistent with the Commonwealth's Emergency Management Plan and in accordance with other applicable Federal regulations and State laws for each nuclear generating facility that has received an operating license from the Nuclear Regulatory Commission.

(b) Agency functions.--The specific functions of the agency under the radiological emergency response preparedness, planning and recovery program shall include, but not be limited to:

(1) Serving as the point of contact for interface between the affected facilities and other Commonwealth agencies and departments, counties, municipalities and school districts.

(2) Annual review and revision, as necessary, of the risk and support county radiological emergency response plans to ensure that they are consistent with the Commonwealth's Emergency Management Plan.

(3) Participation in required exercises, including emergency communication drills and tests, as based upon mutually agreed schedules and parameters.

(4) Participation in the Federal full participation exercises scheduled for nuclear generation stations.

(5) Review and revision, as necessary, of Annex E, "Radiological Emergency Response to Nuclear Power Plant Incidents," of the Commonwealth's Emergency Management Plan and annual review of the onsite emergency response plan of each utility to ensure that it is consistent with the annex.

(6) Seeking formal Federal review and approval of the Commonwealth's Annex E to its Emergency Management Plan and the county, municipal and other plans in accordance with 44 CFR Part 350 (relating to review and approval of state and local radiological emergency plans and preparedness). Once Federal approval is obtained for the plans, the agency shall seek to maintain that approval status.

(7) Annual review of municipal and school district radiological emergency response plans in conjunction with the respective county emergency management agencies to ensure that they are consistent with the applicable county radiological emergency response plans.

(8) Assisting in the update of lesson plans used by each utility for county, municipal, school and volunteer agency offsite training purposes and, to the extent necessary to obtain Federal approval, participation in this training effort.

(9) Annual review of the Alert Notification System Report for each nuclear generating station to ensure that current information from the State and county plans are included in the report and assist in the coordination of siren or other emergency communication tests with each utility, the appropriate counties and adjacent states.

(10) Coordinating the review and update of emergency information brochures with the respective counties and utilities.

(11) Participation with each utility in planning and program meetings scheduled with counties, municipalities and school districts.

(12) Developing planning and preparedness procedures for emergency response within the ingestion exposure pathway zone.

(13) Providing a qualified press secretary or designee to participate in the operation of a joint information center upon its activation by a utility.

(14) Performing actions necessary to satisfy the Commonwealth's responsibilities relative to Federal guidance memoranda.

(15) Providing reasonable assistance and support requested by a utility from time to time in connection with the utility obtaining or maintaining, or both, an emergency plan acceptable to Federal regulatory entities having jurisdiction over the utility.

(16) Providing other reasonable assistance and support requested by utilities from time to time.

(17) Providing guidance to State, county and municipal elected officials, departments and agencies and school districts in order to ensure compliance with this section and all other applicable Federal and State radiation protection safety laws.

(18) Providing redundant communications' capability between the agency's headquarters and each nuclear generating station in this Commonwealth sufficient to meet Federal and State regulatory requirements.

(c) Establishment of fund.--There is hereby created in the General Fund a nonlapsing restricted receipt account to be known as the Radiological Emergency Response Planning and Preparedness Program Fund. Fees received under subsection (d) shall be deposited in this fund. Moneys in the fund are hereby appropriated to the agency to carry out its responsibilities under subsections (a) and (b).

(d) Annual fees.--(Repealed). (Dec. 20, 1989, P.L.665, No.85, eff. imd.; July 13, 2007, P.L.95, No.31, eff. imd.) 2007 Repeal. Act 31 repealed subsec. (d). 1989 Amendment. Act 85 added section 7320.
35 Pa.C.S. § 7371 — PA Code / Title 35 / Chapter 73 / Section 7371
Disposition and use of proceeds.
Status: in_force

(a) General rule.--The proceeds realized from the sale of bonds under this subchapter shall be paid into the fund and are specifically dedicated to the purposes of the referenda of November 4, 1975, November 3, 1981, November 6, 1990, and November 5, 2002, and the referendum specified under section 7378.4 (relating to referendum to expand loan assistance), as implemented by this subchapter. The moneys shall be paid by the State Treasurer periodically to those agencies or authorities authorized to expend the moneys at such times and in such amounts as may be necessary to satisfy the funding needs of the agency or authority.

(b) Investing.--Pending their application to the purposes authorized, moneys held or deposited by the State Treasurer may be invested or reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of such funds shall be paid into the State treasury to the credit of the fund. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 7904 — PA Code / Title 35 / Chapter 79 / Section 7904
Construction.
Status: in_force

Grants shall be made to political subdivisions or municipal authorities in a disaster emergency area for which no Presidential disaster declaration has been issued.
35 Pa.C.S. § 5308 — PA Code / Title 35 / Chapter 53 / Section 5308
Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5308 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7894 — PA Code / Title 35 / Chapter 78 / Section 7894
Special provisions.
Status: in_force

(a) Claim.--An applicant for a grant under this chapter who failed to return a signed agreement for the preceding year shall not be permitted to apply for a grant in the current year unless

the applicant has provided the commissioner with a reasonable written explanation as to why it did not claim its grant.

(b) Delinquency.--An applicant for a grant under this chapter who is delinquent in loan payments to the Pennsylvania Fire and Emergency Medical Services Loan Program must use its grant funds to pay any arrears to the Commonwealth or it will not be qualified to receive a grant. Any organization that fails to comply with this subsection shall be disqualified from applying to the grant program for a period of five years.

(c) Demonstration.--An applicant for a grant under this chapter must demonstrate that it complied with all of the terms of its grant agreement in the previous year regarding the use of the grant money it received in previous years or it shall not be eligible to receive a grant in the current year.

(d) Approval.--An applicant shall not be approved for a grant to be used for purposes other than those stated in section 7813(a) (relating to award of grants) or 7823(a) (relating to award of grants). (June 30, 2016, P.L.432, No.60, eff. imd.; Oct. 29, 2020, P.L.739, No.91, eff. 60 days; Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 renumbered former section 7842 to present section 7894.
35 Pa.C.S. § 7385.1 — PA Code / Title 35 / Chapter 73 / Section 7385.1
Capital grants for municipal fire departments.
Status: in_force

(a) Source.--Money transferred under 3 Pa.C.S. § 1113(a)(6) (relating to disposition of certain funds) shall be utilized by the commissioner to administer capital grants.

(b) Recipients.--Municipal and combination fire departments recognized by the commissioner under standards developed through rules and guidelines in consultation with the State Fire Advisory Board may be recipients of grants under subsection (a) upon application.

(c) Purposes.--Capital grants administered to recipients under this section shall be used to:

(1) Establish or modernize facilities that house firefighting equipment, ambulances or rescue vehicles.

(2) Acquire or renovate existing structures to house firefighting equipment, ambulances or rescue vehicles or for the construction or modernization of facilities.

(3) Repair or purchase firefighting, ambulance or rescue equipment as necessary to provide proper and adequate training.

(d) Restrictions.--Capital grants administered under this section may not be used for:

(1) Operating expenses.

(2) Refinancing of renovated structures.

(3) Refinancing the construction or modernization of facilities.

(4) Apparatus equipment, communication equipment or accessory equipment.

(5) Reduction of debt or other obligations issued prior to the effective date of this section.

(e) Applications.--The following apply:

(1) Every application for a capital grant shall be accompanied by a notarized financial statement of the entity making the application accompanied with information sufficient to show need for the grant funding.

(2) Applications shall be reviewed by the Application Review Committee utilizing criteria established under subsection (b).

(f) Amounts and criteria.--The following apply:

(1) Capital grant amounts and the criteria for determining amounts shall be established by the commissioner in consultation with the State Fire Advisory Board.

(2) An entity may be awarded a capital grant, if available, for an approved project in lieu of approved reimbursement payments or, if not available, shall receive payments in the form of reimbursements.

(g) Use.--Capital grants may be used in combination with the funding authorized under section 7813(e) (relating to award of grants) if an applicant is officially proceeding with an approved project evidenced by required documentation as determined by the commissioner.

(h) Administration.--The commissioner may use up to $50,000 of the funds available under this section for administrative costs.

(i) Annual reports.--

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

(i) The total number of applications received for capital grants.

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

(iii) An analysis of how the grants 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 7385.1.
35 Pa.C.S. § 7378 — PA Code / Title 35 / Chapter 73 / Section 7378
Temporary financing authorization.
Status: in_force

(a) General rule.--Pending the issuance of bonds of the Commonwealth, the Governor, Auditor General and State Treasurer are authorized on the credit of the Commonwealth to make temporary borrowings of such moneys as may from time to time be necessary to carry out the purposes of this subchapter and are authorized in the name and on behalf of the Commonwealth to enter into loan or credit agreements with any banks or trust companies or other lending institutions or persons in the United States having power to enter into the same.

(b) Notes.--All temporary borrowings made under the authority of this section shall be evidenced by notes of the Commonwealth, which shall be issued from time to time for such amounts not exceeding in the aggregate the sum of $100,000,000 in such form and in such denominations, and subject to such terms and conditions of issue, prepayment or redemption and maturity, rate of interest and time of payment of interest, as the issuing officials shall direct. All notes issued under the authority of this section shall bear the facsimile signatures of the issuing officials and a facsimile of the Great Seal of the Commonwealth and shall be countersigned by one duly authorized officer of a duly authorized loan and transfer agent of the Commonwealth.

(c) Funding of notes.--All such notes shall be funded and retired by the issuance and sale of bonds of the Commonwealth to the extent that payment of such notes has not otherwise been made or provided for.

(d) Proceeds.--The proceeds of all such temporary borrowings shall be paid into the fund. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended subsec. (d).
35 Pa.C.S. § 7321 — PA Code / Title 35 / Chapter 73 / Section 7321
Unconventional well 911 emergency response information.
Status: in_force

(a) Emergency regulations.--The agency and the Department of Environmental Protection shall adopt emergency regulations directing the operators of all unconventional wells within this Commonwealth to do all of the following:

(1) Adopt a unique GPS coordinate address for each unconventional well at both the access road entrance and well pad site.

(2) Register that address with the agency, the Department of Environmental Protection and the county emergency management organization within the county where the unconventional well is located.

(3) Require the development of an emergency response plan and file that plan with the agency, the Department of Environmental Protection and the county emergency management organization with jurisdiction over the unconventional well. The county shall disseminate the GPS address and emergency response plan to the local emergency management organization in which the unconventional well is located.

(4) Post a reflective sign at the entrance to each unconventional well site with the specific address of that site, the coordinates for the site, the emergency contact number for the operator and such other information as the agency or the Department of Environmental Protection deems necessary.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Unconventional formation." A geological shale formation existing below the base of the Elk Sandstone or its geologic

equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by:

(1) hydraulic fracture treatments;

(2) using multilateral well bores; or

(3) other techniques to expose more of the formation of the well bore.

"Unconventional well." A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation. (Feb. 2, 2012, P.L.67, No.9, eff. imd.) 2012 Amendment. Act 9 added section 7321. Section 2 of Act 9 provided that regulations promulgated under section 7321 shall apply to both new and existing unconventional wells within this Commonwealth.
35 Pa.C.S. § 7385 — PA Code / Title 35 / Chapter 73 / Section 7385
Pennsylvania Fire and Emergency Medical Services Loan Program.
Status: in_force

(a) Creation.--There shall be a loan program, which shall be implemented by the commissioner, for fire companies and emergency medical services companies, known as the Pennsylvania Fire and Emergency Medical Services Loan Program, which shall make loans under Subchapter E (relating to Fire and Emergency Medical Services Loan Program).

(b) Transfer.--There are transferred to the commissioner, to be used, employed and expended in connection with the functions, powers and duties enumerated in subsection (a), personnel, contractual obligations, if any, mortgages, liens, encumbrances and any other secured interests, records, files, property, supplies and equipment now being used or held in connection with such functions, powers and duties and the unexpended balance of appropriations, allocations and other funds available or to be made available for use in connection with such functions, powers and duties as previously were vested in the Department of Community Affairs under Subchapter E and transferred to the agency by Reorganization Plan No.7 of 1981 (P.L.615).

(c) Regulations.--(Deleted by amendment). (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended the section heading and subsec. (a) and deleted subsec. (c).

References in Text. The Department of Community Affairs, referred to in subsec. (b), was abolished by the act of June 27, 1996 (P.L.403, No.58), and its duties were transferred to the Department of Community and Economic Development.
35 Pa.C.S. § 7501 — PA Code / Title 35 / Chapter 75 / Section 7501
General authority of political subdivisions.
Status: in_force

(a) Establishing emergency management organization.--Each political subdivision of this Commonwealth is directed and

authorized to establish a local emergency management organization in accordance with the plan and program of the Pennsylvania Emergency Management Agency. Each local organization shall have responsibility for emergency management, response and recovery within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such services outside of its jurisdictional limits as may be required under this part.

(b) Declaration of disaster emergency.--A local disaster emergency may be declared by the governing body of a political subdivision upon finding a disaster has occurred or is imminent. The governing body of a political subdivision may authorize the mayor or other chief executive officer to declare a local disaster emergency subject to ratification by the governing body. The declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing body of the political subdivision. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the agency. The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local emergency management plans and to authorize the furnishing of aid and assistance thereunder.

(c) Contracts and obligations.--In carrying out the provisions of this part, each political subdivision shall have the power to enter into contracts and incur obligations necessary to disaster emergency management, response and recovery.

(d) Temporary suspension of formal requirements.--Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this section in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds. Notwithstanding any other provision of law, the governing body of a political subdivision shall not be required to have a quorum physically present at any one location in order to conduct business if a quorum is otherwise established by the participating members through an authorized telecommunication device.

(e) Employment of personnel.--In order to meet prescribed requirements for eligibility to receive Federal contributions authorized under the provisions of the Federal Civil Defense Act of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any amendment or reenactment thereof, political subdivisions are authorized to avail themselves of services offered by the State Civil Service Commission under the provisions of the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," in connection with the employment of personnel in local organizations established pursuant to the provisions of this part. (July 13, 1988, P.L.501, No.87, eff. imd.; Apr. 20, 2020, P.L.82, No.15, eff. imd.)

2020 Amendment. Act 15 amended subsec. (d). References in Text. The act of August 5, 1941 (P.L.752, No.286), known as the Civil Service Act, referred to in subsec.

(e), was repealed by the act of June 28, 2018 (P.L.460, No.71). The subject matter is now contained in Part III of Title 71 (State Government). Cross References. Section 7501 is referred to in sections 5741, 7707 of this title.
35 Pa.C.S. § 75A11 — PA Code / Title 35 / Chapter 75 / Section 75A11
Funding.
Status: in_force

The department may expend annually an amount not to exceed $250,000 from the money allocated to the Catastrophic Medical and Rehabilitation Fund for victims of trauma.
35 Pa.C.S. § 7902 — PA Code / Title 35 / Chapter 79 / Section 7902
Legislative purpose.
Status: in_force

It is the purpose of this chapter to create a program to provide assistance to political subdivisions and municipal authorities directly affected by natural and man-made disasters. Assistance will be limited to grants for projects that do not qualify for Federal assistance to help repair damages to public facilities. Grants will be made available by the agency in a disaster emergency area only when a Presidential disaster declaration is not covering the area.
35 Pa.C.S. § 3307 — PA Code / Title 35 / Chapter 33 / Section 3307
Mandated health benefits.
Status: in_force

In relation to current law or proposed legislation, the council shall, upon the request of the appropriate committee chairperson in the Senate and in the House of Representatives or upon the request of the Secretary of Health or the Secretary of Human Services, provide information on the proposed mandated health benefit pursuant to the following:

(1) The General Assembly declares that proposals for mandated health benefits or mandated health insurance coverage should be accompanied by adequate, independently certified documentation defining the social and financial impact and medical efficacy of the proposal. To that end, the council, upon receipt of such requests, is authorized to conduct a preliminary review of the material submitted by both proponents and opponents concerning the proposed mandated benefit. If, after this preliminary review, the council is satisfied that both proponents and opponents have submitted sufficient documentation necessary for a review under paragraphs (3) and (4), the council is directed to contract with individuals, pursuant to the selection procedures for vendors set forth in section 3314 (relating to contracts with vendors), who will constitute a Mandated Benefits Review Panel to review mandated benefits proposals and provide independently certified documentation, as provided for in this section.

(2) The panel shall consist of the following senior researchers, each of whom shall be a recognized expert:

(i) one in health research;

(ii) one in biostatistics;

(iii) one in economic research;

(iv) one, a physician, in the appropriate specialty with current knowledge of the subject being proposed as a mandated benefit; and

(v) one with experience in insurance or actuarial research.

(3) The Mandated Benefits Review Panel shall have the following duties and responsibilities:

(i) To review documentation submitted by a person proposing or opposing mandated benefits within 90 days of submission of the documentation to the panel.

(ii) To report to the council, pursuant to the council's review under subparagraph (i), the following:

(A) Whether or not the documentation is complete as defined in paragraph (4).

(B) Whether or not the research cited in the documentation meets professional standards.

(C) Whether or not all relevant research respecting the proposed mandated benefit has been cited in the documentation.

(D) Whether or not the conclusions and interpretations in the documentation are consistent with the data submitted.

(4) A person proposing or opposing legislation mandating benefits coverage should, to provide the Mandated Benefits Review Panel with sufficient information to carry out the Mandated Benefits Review Panel's duties and responsibilities under paragraph (3), submit documentation to the council,

pursuant to the procedure established under paragraph (5), which demonstrates the following:

(i) The extent to which the proposed benefit and the services the proposed benefit would provide are needed by, available to and utilized by the population of this Commonwealth.

(ii) The extent to which insurance coverage for the proposed benefit already exists or, if no coverage exists, the extent to which the lack of coverage results in inadequate health care or financial hardship for the population of this Commonwealth.

(iii) The demand for the proposed benefit from the public and the source and extent of opposition to mandating the benefit.

(iv) All relevant findings bearing on the social impact of the lack of the proposed benefit.

(v) If the proposed benefit mandates coverage of a particular therapy, the results of at least one professionally accepted, controlled trial comparing the medical consequences of the proposed therapy, alternative therapies and no therapy.

(vi) If the proposed benefit mandates coverage of an additional class of practitioners, the results of at least one professionally accepted, controlled trial comparing the medical results achieved by the additional class of practitioners and those practitioners already covered by benefits.

(vii) The results of any other relevant research.

(viii) Evidence of the financial impact of the proposed legislation, including at least the following:

(A) The extent to which the proposed benefit would increase or decrease cost for treatment or service.

(B) The extent to which similar mandated benefits in other states have affected charges, costs and payments for services.

(C) The extent to which the proposed benefit would increase the appropriate use of the treatment or service.

(D) The impact of the proposed benefit on administrative expenses of health care insurers.

(E) The impact of the proposed benefits on benefits costs of purchasers.

(F) The impact of the proposed benefits on the total cost of health care within this Commonwealth.

(5) The procedure for review of documentation shall be as follows:

(i) A person wishing to submit information on proposed legislation mandating insurance benefits for review by the panel must submit the documentation specified under paragraph (4) to the council.

(ii) The council shall, within 30 days of receipt of the documentation:

(A) Publish in the Pennsylvania Bulletin notice of receipt of the documentation, a description of the proposed legislation, provision for a period of 60 days for public comment and the time and place at which a person may examine the documentation.

(B) Submit copies of the documentation to the Secretary of Health, the Secretary of Human Services and the Insurance Commissioner, who shall review and

submit comments to the council on the proposed legislation within 30 days.

(C) Submit copies of the documentation to the panel, which shall review the documentation and issue their findings, subject to paragraph (3), within 90 days.

(iii) Upon receipt of the comments of the Secretary of Health, the Secretary of Human Services and the Insurance Commissioner and of the findings of the panel, under subparagraph (ii), but no later than 120 days following the publication required in subparagraph (ii), the council shall submit the comments and findings, together with the council's recommendations respecting the proposed legislation, to the Governor, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Secretary of Health, the Secretary of Human Services, the Insurance Commissioner and the person who submitted the information under subparagraph

(i).
35 Pa.C.S. § 7335 — PA Code / Title 35 / Chapter 73 / Section 7335
Assistance.
Status: in_force

(a) Requests.--A participating political subdivision may request assistance of other participating political subdivisions or their designated emergency response organizations. All requests for assistance shall be initiated from the incident commander or authorized designee at an incident location, the county 911 center or the county emergency manager where the incident occurs. All intrastate mutual aid requests for assistance shall be made to the county 911 center or county emergency management coordinator or authorized designee in the responding county. Intrastate mutual aid requests for assistance may also be made through the agency. A written request shall be submitted after a verbal request is made as soon as practicable or within the number of days that the agency, in its discretion, may determine.

(b) Response to requests.--A participating political subdivision's obligation to provide assistance in the prevention of, response to and recovery from an incident or in authorized drills or exercises shall be subject to all of the following conditions:

(1) A responding political subdivision may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction.

(2) Emergency response personnel of a responding political subdivision shall remain under the administrative and policy procedures and control of their respective jurisdiction, including medical protocols, standard operating procedures and other protocols, but shall be under the operational control of the appropriate officials within the incident management system of the requesting political subdivision.

(3) Assets and equipment of a responding political subdivision shall remain under the administrative and policy procedures and control of their respective jurisdiction but shall be under the control of the appropriate officials within the incident management system of the requesting political subdivision.

(4) The incident commander shall have overall authority and responsibility for conducting incident operations and shall be responsible for the management of all incident operations at the incident site.

(c) Reimbursement.--A requesting political subdivision shall reimburse the responding political subdivision in accordance with procedures established by the committee. A responding political subdivision may donate assets of any kind to a participating political subdivision. If a dispute arises regarding reimbursement, involved parties shall make every effort to resolve the dispute within 30 days of written notice of the dispute by the party asserting noncompliance. In the event that the dispute is not resolved within 90 days of the notice of the claim, either party may request the dispute be resolved through arbitration. Any arbitration requested under this subsection shall be conducted under the commercial arbitration rules of the American Arbitration Association.

(d) Exceptions.--The provisions of this section shall not apply to specific mutual aid agreements which exist on the effective date of this section and which were made between political subdivisions and emergency response organizations to cover response to routine incidents.
35 Pa.C.S. § 7423 — PA Code / Title 35 / Chapter 74 / Section 7423
Prohibition on termination and discipline.
Status: in_force

No employer shall terminate or discipline an employee who is a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad and, in the line of duty, has responded to a call prior to the time he was due to report for work resulting in a loss of time from his employment. Cross References. Section 7423 is referred to in sections 7425, 7426 of this title.
35 Pa.C.S. § 5712 — PA Code / Title 35 / Chapter 57 / Section 5712
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:

"Tax collector." An individual or entity elected, appointed or otherwise required to collect a tax for a taxing district.

"Taxing district." Any of the following entities that is authorized under the laws of this Commonwealth to impose a tax on the assessed value of real property:

(1) City of any class in this Commonwealth.

(2) County of any class in this Commonwealth.

(3) Borough, town or township of any class in this Commonwealth.

(4) Incorporated town.
35 Pa.C.S. § 7213 — PA Code / Title 35 / Chapter 72 / Section 7213
Regional counterterrorism response and preparedness.
Status: in_force

(a) Specialized regional counterterrorism response teams.--A regional counterterrorism task force shall establish specialized regional counterterrorism response teams.

(b) Regional counterterrorism response zones.--The agency shall establish primary and secondary regional response zones within this Commonwealth for specialized regional counterterrorism response teams. The regional response zones may consist of multiple counties or portions of several adjoining counties as determined by the agency.

(c) Activation and deployment.--A specialized regional counterterrorism response team may be activated and deployed by the Governor, the Governor's designee or an official designated by the appropriate regional counterterrorism task force.
35 Pa.C.S. § 7425 — PA Code / Title 35 / Chapter 74 / Section 7425
Lost time.
Status: in_force

Time lost from employment as provided in section 7423 (relating to prohibition on termination and discipline) may be charged to the regular pay of the employee. Cross References. Section 7425 is referred to in section 7422 of this title.
35 Pa.C.S. § 5801 — PA Code / Title 35 / Chapter 58 / Section 5801
Scope of chapter.
Status: in_force

This chapter relates to COVID-19 benefits for members of the Pennsylvania National Guard.
35 Pa.C.S. § 75A08 — PA Code / Title 35 / Chapter 75 / Section 75A08
Nonprofit organizations.
Status: in_force

Nothing under this chapter shall prohibit the department or cooperating officials and agencies from contracting with nonprofit organizations to offer support services to eligible emergency responders in accordance with this chapter.
35 Pa.C.S. § 8131 — PA Code / Title 35 / Chapter 81 / Section 8131
Air ambulances.
Status: in_force

(a) Purpose.--An air ambulance is a rotorcraft staffed by a crew that provides medical assessment, treatment, monitoring, observation and transportation of patients who require EMS where time to administer definitive care is of the essence and transportation by air ambulance to a facility able to provide the care is faster than transportation by ground ambulance, or require EMS provided by specialized equipment or providers not available on a ground ambulance and the air ambulance can provide this faster than the patient would receive such care at a receiving facility if transported by ground ambulance.

(b) Staffing requirements.--Minimum staffing standards for an air ambulance when dispatched to provide or when providing medical assessment, treatment, monitoring, observation or transportation of a patient is one pilot and two EMS providers other than the pilot who are above the advanced EMT level, with at least one of those two EMS providers specially trained in air medical transport.

Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8131 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 8131 is referred to in section 8129 of this title.
35 Pa.C.S. § 7366 — PA Code / Title 35 / Chapter 73 / Section 7366
Powers and duties of office.
Status: in_force

(a) Mandatory.--The office has the following duties:

(1) To appoint agents and employees necessary to the administration of this subchapter and to prescribe their duties and to fix their compensation within the limitations provided by law.

(2) To accept grants from the Federal Government and any other individual, agency or government for use in the fund.

(3) To loan money over a term of years, but in no case in excess of 20 years.

(3.1) To establish criteria to determine need for firefighting apparatus, ambulances and rescue vehicles and to establish guidelines and procedures for fire companies or EMS companies to show just cause to determine that need.

(4) To promulgate regulations and develop guidelines and procedures as it deems necessary to carry out its powers and duties under this subchapter.

(b) Discretionary.--The office has the following powers:

(1) To require security for all loans.

(2) To specify priority of liens against any facilities, apparatus equipment, ambulances, rescue vehicles or any equipment purchased by fire companies using funds loaned under this subchapter to pay all or any part of the purchase price, as the office may require by established guidelines and procedures. The commissioner may specify the type of liens or collateral authorized as security under this paragraph.

(3) To reject a loan application based on the criteria established under subsection (a). (Dec. 23, 2013, P.L.1256, No.129, eff. 60 days; Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended subsecs. (a)(2) and (3.1) and (b)(2). 2013 Amendment. Act 129 amended the section heading, subsecs. (a) intro. par. and (4) and (b) intro. par. and (2) and added subsecs. (a)(3.1) and (b)(3).
35 Pa.C.S. § 5306.1 — PA Code / Title 35 / Chapter 53 / Section 5306.1
Fund.
Status: in_force

(a) Establishment.--There is established in the State Treasury a nonlapsing restricted interest-bearing account to be known as the 911 Fund. Money in the fund and the interest the money accrues is appropriated to the agency to be disbursed by the agency.

(b) Composition of fund.--The following money shall be deposited in the fund:

(1) The surcharge remitted under section 5307 (relating to payment, collection and remittance of surcharge by providers of 911 communications services) and the prepaid wireless surcharge remitted under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service).

(2) Any money appropriated by the General Assembly.

(3) Money from any other public or private source.

(4) Interest accrued by the fund.

(c) Use.--

(1) The money in the fund shall be used only for reasonably necessary costs that enhance, operate or maintain a 911 system in this Commonwealth in accordance with the Statewide 911 plan established by the agency. For the purposes of this paragraph, reasonably necessary costs shall be determined by the agency, in consultation with the board, consistent with the following:

(i) The agency shall establish factors for reasonably necessary costs.

(ii) The agency shall provide the factors annually through agency guidelines.

(iii) (Deleted by amendment).

(2) Money from the fund shall not be expended on a 911 system that does not conform to the standards and guidance published by the agency.

(3) Money from the fund shall not be transferred for General Fund use by the Commonwealth or counties.

(d) Distribution.--Within 30 days after the end of each quarter, the agency shall determine the amount available from the fund for distribution and make disbursements in accordance with the Statewide 911 plan and this chapter and in accordance with the following:

(1) Not less than 80% of the amount in the fund shall be disbursed to a 911 system through a mathematical formula established by the agency in consultation with the board, of which at least 30% shall solely be based on population.

(2) Up to 15% of the amount in the fund shall be used by the agency to establish, enhance, operate or maintain

Statewide interconnectivity of 911 systems, including, but not limited to, the use or obligations of money for debt service related to regional or Statewide interconnectivity. Money under this paragraph may also be used to purchase a Statewide system designed to allow individuals to identify their phone numbers as associated with a person with a physical disability, so that when an individual makes a 911 call, the PSAP has this information.

(3) Three percent of the amount available shall be disbursed equally to the PSAPs of this Commonwealth. Consolidation of PSAPs after the effective date of this paragraph shall not reduce an allocation to a county under this paragraph.

(4) Not greater than 2% of the amount in the fund may be retained by the agency to pay for agency expenses directly related to administering the provisions of this chapter. Any excess shall be added to the amounts available for distribution under paragraph (1). Audits conducted by the agency under this section shall be funded from amounts retained under this paragraph.

(e) Distribution formula considerations.--

(1) The distribution formula established by the agency under subsection (d) shall fairly and proportionately reflect 911 system needs.

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) (Deleted by amendment).

(7) The distribution formula shall be reviewed at the discretion of the board but no more than once within a four-year period. The board shall establish goals and objectives prior to a formula review and may recommend factors to consider during a formula review.

(8) The total annual disbursement from the fund to any one 911 system may not exceed the actual annual costs to enhance, operate or maintain that 911 system in accordance with the Statewide 911 system plan. Actual costs may include amortization or depreciation of allowable capital costs of the 911 system as determined using generally accepted accounting principles and approved plan allocations to capital and operating reserves, if approved by the agency.

(f) Interim distribution formula.--(Deleted by amendment).

(g) Surplus.--

(1) If excess money remains available in the fund after the distribution and balanced disbursements required under subsections (d) and (e), the agency shall distribute the remaining money for the enhancement, operation or maintenance of 911 systems as provided under subsection (d)(1) in this Commonwealth in accordance with the Statewide 911 system plan.

(2) If the fund experiences a surplus as described in this section for eight consecutive quarters, the agency shall provide written notice of the surplus to the General Assembly and the written notice shall include a recommended reduced surcharge for consideration by the General Assembly.

(3) The written notice required under paragraph (2) shall be submitted to the General Assembly within 60 days after the end of the eighth consecutive quarter experiencing the surplus.

(h) County or city action required.--(Deleted by amendment).

(i) Audits.--

(1) The fund shall be audited in a manner and on a frequency consistent with other restricted receipts accounts administered by the Commonwealth.

(2) The agency shall require a biennial performance audit of each PSAP's use of the disbursements it has received from the fund, including amounts placed in capital or operating reserve consistent with published guidelines established by the agency. (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. (e) and deleted subsecs. (c)(1)(iii), (f) and (h). 2019 Amendment. Act 17 amended subsec. (d)(2). 2015 Amendment. Act 12 added section 5306.1. Cross References. Section 5306.1 is referred to in sections 5302, 5303 of this title.
35 Pa.C.S. § 7202 — PA Code / Title 35 / Chapter 72 / Section 7202
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 Joint State Government Commission.

"Disaster medical assistance team." A complement of individuals organized in accordance with standards developed by the agency and applicable Federal agencies to provide medical service at the scene of disasters and mass casualty incidents.

"Disaster mortuary response team." A complement of individuals organized in accordance with standards developed by the agency and applicable Federal agencies to provide mortuary service at the scene of disasters and mass casualty incidents.

"FEMA." The Federal Emergency Management Agency.

"Letter of agreement." A written agreement between a regional counterterrorism task force and a public, semipublic, private or nonprofit corporation, business, association, partnership, authority, individual or other entity that provides for:

(1) Personnel, equipment, supplies, training facilities or other resources either directly to or in support of the task force's specialized regional counterterrorism response team.

(2) Workers' compensation and death benefits.

(3) Member participation in training exercises, drills and actual activation and deployment. "Municipal" or "municipality." A city, borough, incorporated town, township or home rule municipality of this Commonwealth.

"Mutual aid." A county's, municipality's or volunteer service organization's affirmative act of sending its personnel, equipment or resources to the scene of an actual or potential disaster, whether inside or outside the boundaries of this Commonwealth, in response to an official dispatch request from a county 911 communications center, county emergency management agency or the State emergency operations center.

"Mutual aid agreement." A written agreement between a regional counterterrorism task force and a county, municipality or volunteer service organization that provides for:

(1) The county, municipality or volunteer service organization to provide personnel, equipment or other resources in response to an actual or potential disaster.

(2) Workers' compensation and death benefits.

(3) Member participation in training exercises, drills and actual activation and deployment.

"NIMS." The National Incident Management System.

"PEMA." The Pennsylvania Emergency Management Agency.

"Regional counterterrorism task force." A complement of Federal, State, county and municipal emergency management, health, law enforcement, public safety and other officials and representatives from volunteer service organizations, private business and industry, hospitals and medical care facilities and other entities within a multicounty area as determined by the agency that is responsible for conducting counterterrorism planning, training preparedness and response activities.

"Specialized regional counterterrorism response team." As follows:

(1) A complement of individuals established by a regional counterterrorism task force and organized in accordance with standards developed by the agency in accordance with applicable Federal or State guidelines to respond to emergencies involving an actual or potential disaster.

(2) The term includes a disaster medical assistance team and disaster mortuary response team.

"Specialized Statewide response team." As follows:

(1) A complement of individuals organized by the Commonwealth to provide specialized personnel, equipment and other support capabilities in response to an actual or potential disaster in this Commonwealth.

(2) The term includes a disaster medical assistance team and disaster mortuary response team.

"Sponsoring agency." A municipality, county or volunteer service organization that has an agreement with the agency to be the sponsor of an urban search and rescue response team or specialized regional counterterrorism response team.

"Urban search and rescue response team." A multidisciplined complement of individuals organized by the agency in accordance with standards developed by the agency and FEMA, consistent with NIMS guidelines, to provide emergency response and search and rescue capabilities and resources at the scene of a disaster.

"Volunteer service organization." A volunteer fire company, volunteer ambulance or medical company, volunteer rescue squad or any other volunteer entity organized and chartered or incorporated in this Commonwealth or chartered by the Congress of the United States for the primary purpose of providing emergency services as defined in section 7102 (relating to definitions). Cross References. Section 7202 is referred to in section 7605 of this title.
35 Pa.C.S. § 7705 — PA Code / Title 35 / Chapter 77 / Section 7705
Special powers of local agencies.
Status: in_force

(a) Roadway clearance.--Whenever the Governor shall have proclaimed a disaster emergency under section 7301(c) (relating to declaration of disaster emergency), officials of any political subdivision included in the disaster emergency shall have the authority to clear such roadways as are necessary for the health, safety and welfare of residents, even though such roadways are not officially the responsibility of such political subdivision. The political subdivision may be reimbursed for the cost of such clearing as provided in subsection (c).

(b) Water systems.--Whenever the Governor shall have proclaimed a disaster emergency under section 7301(c) and in the event that a water system owned or operated by a political subdivision or municipal authority is damaged, destroyed or made inoperable as a direct result of such disaster emergency, the political subdivision or municipal authority shall have the authority to lease or hire such personnel and equipment as may be needed to effect restoration of such water system. The political subdivision or municipal authority may be reimbursed for the cost of such restoration as provided in subsection (c).

(c) Reimbursement.--(Repealed).

(d) Limitations.--Reimbursements pursuant to subsection (c) shall not be made to the extent that the Commonwealth, a political subdivision or a municipal authority may be eligible for assistance from the Federal Government. (May 22, 1996, 2nd Sp.Sess., P.L.1761, No.1, eff. imd.; July 17, 2007, P.L.141, No.42, eff. imd.) 2007 Repeal. Act 42 repealed subsec. (c).
35 Pa.C.S. § 52A02 — PA Code / Title 35 / Chapter 52 / Section 52A02
Administration.
Status: in_force

(a) Licensing boards.--A licensing board shall administer this chapter as to prescribers under its jurisdiction.

(b) Bureau.--

(1) The bureau shall, in cooperation with the licensing boards, prescribe the form under section 52A04(a)(3) (relating to procedure).

(2) The bureau shall transmit notice of the availability of the form to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. Cross References. Section 52A02 is referred to in section 52A04 of this title.
35 Pa.C.S. § 7827.3 — PA Code / Title 35 / Chapter 78 / Section 7827.3
Award of grants.
Status: in_force

(a) Authorization.--The agency shall make a grant award from the COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program to:

(1) Each eligible fire company that received a grant award in fiscal year 2019-2020 under section 7813 (relating to award of grants) for the purposes under section 7813(a) and (a.1).

(2) A fire company that did not apply for or receive a grant award in fiscal year 2019-2020 under section 7813 and that applies for a grant under this subchapter for the purposes under section 7813(a) and (a.1).

(3) Each eligible EMS company that received a grant award in fiscal year 2019-2020 under section 7823 (relating to award of grants) for the purposes under section 7823(a).

(4) An EMS company that did not apply for or receive a grant award in fiscal year 2019-2020 under section 7823 and that applies for a grant under this subchapter for the purposes under section 7823(a).

(b) Amount of award.--The amount of the grant award under this subchapter shall be the same amount of the grant award for fiscal year 2019-2020 to:

(1) An eligible fire company under section 7813.

(2) An eligible EMS company under section 7823.

(c) Application not required.--

(1) Except as otherwise provided in paragraph (2), no additional application shall be required for a grant under this subchapter.

(2) A fire company under subsection (a)(2) and an EMS company under subsection (a)(4) must file an application for a grant under this subchapter. (Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 renumbered former section 7823.3 to present section 7827.3.
35 Pa.C.S. § 8153 — PA Code / Title 35 / Chapter 81 / Section 8153
Support of emergency medical services.
Status: in_force

(a) Emergency Medical Services Operating Fund.--There is established a special fund to be known as the Emergency Medical Services Operating Fund, which shall be administered by the department.

(b) Source.--The following are the sources of the Emergency Medical Services Operating Fund:

(1) Money collected under 75 Pa.C.S. §§ 3121 (relating to EMS costs) and 3807(b)(1)(ix) (relating to Accelerated Rehabilitative Disposition).

(2) All fees, fines and civil penalties collected by the department under this chapter.

(3) Appropriations.

(4) Contributions.

(c) Purpose of fund.--Except as provided under subsection

(d), 75% of the money from the Emergency Medical Services Operating Fund shall be disbursed by the department in the following manner:

(1) To EMS agencies, in accordance with section 8112(c) (relating to contracts and grants), 30% of funds must be allocated to specifically provide training to underserved rural areas. Not less than 10% of funds shall be provided to EMS agencies to assist with medical equipment purchases for ambulances.

(2) To the board for the performance of duties imposed upon it under this chapter.

(3) To regional EMS councils for the development, maintenance and improvement of EMS systems, including ambulance and communications equipment, and for training, education and EMS agency licensure purposes.

(4) To other contractors and grantees as authorized under section 8112(j).

(d) Allocation to Catastrophic Medical and Rehabilitation Fund.--Twenty-five percent of the money in the Emergency Medical Services Operating Fund shall be allocated to a Catastrophic Medical and Rehabilitation Fund for victims of trauma and to carry out the provisions of Chapter 75A (relating to emergency responder mental wellness and stress management). After the exhaustion of all alternative financial resources, other than those excluded by the department from consideration, the catastrophic fund shall be available for the purchase of medical, rehabilitation and attendant care services for trauma victims and may be made available for the purchase of supportive services such as respite care and counseling services for the family or household members of trauma victims. The department may, by regulation, prioritize the distribution of funds by and within classification of traumatic injury.

(e) Audit.--The Auditor General shall review collections and expenditures made under this section and report its findings to the General Assembly annually. The audit shall include a review of the collections and expenditures of the regional EMS councils.

(f) Review by Legislative Budget and Finance Committee.--The Legislative Budget and Finance Committee shall review court records to ensure that money for the Emergency Medical Services Operating Fund is being properly collected and deposited into the Emergency Medical Services Operating Fund. The review shall be completed within one year of the effective date of this subsection and shall include recommendations as to any appropriate action to be taken. In conducting the review, the Legislative Budget and Finance Committee shall examine the pertinent records of the past five years of all courts required to impose costs under 75 Pa.C.S. §§ 3121 and 3807(b)(1)(ix). (July 23, 2020, P.L.670, No.69, eff. imd.; Oct. 29, 2020, P.L.773, No.93, eff. 120 days) 2020 Amendments. Act 69 amended subsec. (d) and Act 93 amended subsec. (c) and added subsec. (f).
35 Pa.C.S. § 5399 — PA Code / Title 35 / Chapter 53 / Section 5399
Prohibited release of information.
Status: in_force

(a) Prohibition.--Notwithstanding any other law, in a response to a request under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, the agency or a PSAP may not release individual identifying information of an individual contacting a 911 center, victim or witness. Information includes, but is not limited to, voice, video and data provided through the use of next generation 911 technology or other forms of communication.

(a.1) Call processing records.--A call processing record created by a PSAP shall be confidential, and the agency may not release the call processing record. The agency shall have access to a call processing record for troubleshooting and monitoring performance of the next generation 911 service or PSAP. The agency may analyze the data in a call processing record to assist with emergency management response and recovery operations. Aggregated statistical reports detailing next generation 911 service or PSAP usage and performance shall not

be confidential. Nothing in this section shall be construed to rescind the duty of a PSAP to comply with the Right-to-Know Law.

(b) Applicability.--This section shall not apply if the PSAP or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.

(c) Definition.--As used in this section, the term "identifying information" includes, but is not limited to, name, telephone number, home address, voice, appearance or other data provided in 911 communications service that can be used to identify an individual. The term does not include:

(1) The location of the incident, unless the location is the caller's, victim's or witness's home address or the disclosure of the location would compromise the identity of the caller, victim or witness.

(2) The street block identifier, the cross street or the mile marker nearest the scene of the incident, which shall be public. (May 24, 2016, P.L.228, No.30, eff. 60 days; Nov. 18, 2024, P.L.1186, No.147, eff. imd.)
35 Pa.C.S. § 8109 — PA Code / Title 35 / Chapter 81 / Section 8109
Regional emergency medical services councils.
Status: in_force

(a) Purpose.--Regional EMS councils shall assist the department in carrying out the provisions of this chapter. Each regional EMS council shall adhere to policy direction from the department.

(b) Organization.--For purposes of this chapter, the organizational structure of a regional EMS council shall be representative of the public, health professions and major private and public voluntary agencies, organizations and institutions concerned with providing EMS in the region and shall be one of the following:

(1) A unit of general local government, with an advisory council, meeting requirements for representation.

(2) A representative public entity administering a compact or other areawide arrangement or consortium.

(3) Any other public or private nonprofit entity that meets requirements for representation as determined by the department.

(c) Duties.--Each regional EMS council shall, if directed by the department:

(1) Assist the department in achieving the Statewide and regional EMS system components and goals described under section 8104 (relating to emergency medical services system programs).

(2) Assist the department in the collection and maintenance of standardized data and information as provided in section 8106 (relating to emergency medical services patient care reports).

(3) Prepare, annually review and revise, as needed, a regional EMS system plan for the EMS region the department has designated and for which the department has contracted or provided a grant to it to serve.

(4) Carry out, to the extent feasible, the Statewide and regional EMS system plans.

(5) Assure the reasonable availability of training and continuing education programs for EMS providers.

(6) Provide necessary and reasonable staff services and appropriate and convenient office facilities that can serve as the EMS region's location for the planning, maintenance and coordinative and evaluative functions of the council.

(7) Establish a mechanism to provide for input from facilities and EMS agencies in the EMS region in decisions that include, but are not limited to, membership on its governing body.

(8) Establish, subject to department approval, regional EMS triage, treatment and transportation protocols consistent with Statewide protocols adopted by the department. A regional EMS council may also establish, subject to department approval, additional triage, treatment and transportation protocols. No regional protocol shall be subject to the rulemaking process.

(9) Advise public safety answering points and municipal and county governments as to the EMS resources available for dispatching and recommend dispatch criteria that may be developed by the department or the council as approved by the department.

(10) Assist the department in achieving a unified Statewide EMS system.

(11) Designate a regional EMS medical director and establish a medical advisory committee and a quality improvement committee.

(12) Develop a conflict of interest policy, subject to department approval, and require its board or advisory council members, officials and employees to agree to the policy in writing.

(13) Perform other duties assigned by the department to assist the department in carrying out the requirements of this chapter.

(d) Regional EMS medical directors.--The department shall consult with the regional EMS medical directors in developing and adopting EMS protocols and may consult with them on any matter involved in the department's administration of this chapter. Cross References. Section 8109 is referred to in sections 8112, 8128 of this title.
35 Pa.C.S. § 7369 — PA Code / Title 35 / Chapter 73 / Section 7369
Sale of bonds.
Status: in_force

(a) General rule.--Bonds shall be offered for sale at not less than 98% of the principal amount and accrued interest and shall be sold by the Governor, the Auditor General and State Treasurer to the highest and best bidder or bidders after due public advertisement, on such terms and conditions and upon such open competitive bidding, as the Governor, Auditor General and State Treasurer shall direct. The manner and character of advertisement and the times of advertising shall be prescribed by the Governor, the Auditor General and the State Treasurer.

(b) Private sale.--Any portion of any bond issue so offered and not sold or subscribed for may be disposed of by private sale by the Governor, the Auditor General and the State Treasurer in such manner and at such prices, not less than 98% of the principal amount and accrued interest, as the Governor shall direct. No commission shall be allowed or paid for the sale of any bonds issued under the authority of this subchapter.

(c) Series.--When bonds are issued from time to time, the bonds of each issue shall constitute a separate series to be designated by the issuing officials or may be combined for sale as one series with other general obligation bonds of the Commonwealth.
35 Pa.C.S. § 8101 — PA Code / Title 35 / Chapter 81 / Section 8101
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Emergency Medical Services System Act.
35 Pa.C.S. § 79A32 — PA Code / Title 35 / Chapter 79 / Section 79A32
Intergovernmental cooperation.
Status: in_force

A council of governments, consortium or other similar entity of which the municipality is a member may provide for the joint creation and administration of a volunteer service credit program and tax credits adopted by its members. A governing body may, by ordinance or resolution, delegate to the entity its powers and duties under Subchapter C (relating to volunteer service credit), including the process of rejecting and appealing claims under section 79A24 (relating to rejection and appeal). (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 added section 79A32.
35 Pa.C.S. § 7931 — PA Code / Title 35 / Chapter 79 / Section 7931
Powers and duties of agency.
Status: in_force

The agency shall have the following duties and responsibilities:

(1) Administer this chapter.

(2) Promulgate any regulations necessary to implement and administer this chapter which include:

(i) Development of additional procedures or requirements for the submission of grant applications.

(ii) Development of procedures to verify adjusted loss.

(iii) Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority.

(iv) Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community.
35 Pa.C.S. § 3309 — PA Code / Title 35 / Chapter 33 / Section 3309
Special studies and reports.
Status: in_force

(a) Special studies.--A Commonwealth agency, the Senate or the House of Representatives may direct the council to publish or contract for publication of special studies, including, but not limited to, a special study on diseases and the cost of health care related to particular diseases in this Commonwealth. A special study published under this subsection shall become a public document.

(b) Special reports.--

(1) A Commonwealth agency, the Senate or the House of Representative may study and issue a report on the special medical needs, demographic characteristics, access or lack thereof to health care services and need for financing of health care services of:

(i) Senior citizens, particularly low-income senior citizens, senior citizens who are members of minority groups and senior citizens residing in low-income urban or rural areas.

(ii) Low-income urban or rural areas.

(iii) Minority communities.

(iv) Women.

(v) Children.

(vi) Unemployed workers.

(vii) Veterans.

(2) The reports under paragraph (1) shall include information on the current availability of services to the targeted parts of the population under paragraph (1), whether access to the services has increased or decreased over the past 10 years and specific recommendations for the improvement of the primary care and health delivery systems of targeted parts of the population under paragraph (1), including disease prevention and comprehensive health care services. The agency may study and report on the effects of using prepaid, capitated or health maintenance organization

health delivery systems as ways to promote the delivery of primary health care services to the underserved segments of the population enumerated above.

(3) The agency may study and report on the short-term and long-term fiscal and programmatic impact on the health care consumer of changes in ownership of hospitals from nonprofit to profit, whether through purchase, merger or the like. The agency may study and report on factors which have the effect of either reducing provider revenue or increasing provider cost and other factors beyond a provider's control which reduce provider competitiveness in the marketplace.

(c) COVID-19 disaster emergency report.--

(1) The council shall prepare a report to provide a Pennsylvania perspective on the effect of the COVID-19 disaster emergency on hospitals and health care facilities in this Commonwealth by aggregating data related to COVID-19 expenses and lost revenue reported by hospitals and health care facilities in order to qualify for Federal and State assistance. The report shall include the following data points, if available:

(i) Increased costs related to provider and staff training, including training on pandemic preparedness plans and the use of telemedicine.

(ii) Increased staffing costs.

(iii) Costs related to COVID-19 testing.

(iv) Costs associated with sourcing and purchasing additional supplies and equipment.

(v) Costs associated with setting up emergency operations centers, including construction and retrofitting facilities to provide separate screening and security areas.

(vi) Costs associated with providing housing and care for patients who do not require hospitalization but do not have housing in order to prevent spread of COVID-19.

(vii) Loss of revenues due to suspension of elective services not related to COVID-19.

(viii) Other data points required to be reported by hospitals or health care facilities to the Federal government or State government to receive COVID-19 assistance.

(2) The report shall be submitted to the following:

(i) The Secretary of the Department of Health and the Secretary of the Department of Human Services.

(ii) The Chair and Minority Chair of the Appropriations Committee of the Senate and the Chair and Minority Chair of the Health and Human Services Committee of the Senate.

(iii) The Chair and Minority Chair of the Appropriations Committee of the House of Representatives, the Chair and Minority Chair of the Health Committee of the House of Representatives and the Chair and Minority Chair of the Human Services Committee of the House of Representatives.

(3) The initial report shall be issued by the council no later than January 15, 2021, and shall be updated quarterly thereafter for one year following the termination or expiration of the COVID-19 disaster emergency under section 7301(c) (relating to general authority of Governor).

(4) As used in this subsection, the term "COVID-19 disaster emergency" shall have the same meaning as given to it under section 5701 (relating to definitions).

Cross References. Section 3309 is referred to in sections 3305, 3310 of this title.
35 Pa.C.S. § 7384 — PA Code / Title 35 / Chapter 73 / Section 7384
Pennsylvania State Fire Academy.
Status: in_force

(a) Creation.--There is created the Pennsylvania State Fire Academy, which shall be under the operational control of the commissioner. The commissioner shall administratively provide for the erection or construction, the furnishing, the staffing and the equipping of buildings and structures through the Department of General Services and for the leasing thereof by the Commonwealth for the use and support of the Pennsylvania State Fire Academy.

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

(c) Hazardous chemical and radioactive material training.--The Pennsylvania State Fire Academy shall serve as the resident Commonwealth government center for hazardous chemical and radioactive material training. The Pennsylvania State Fire Academy is authorized to use resident and field staff to support this training.

(d) Firefighter training and certification.--A Statewide firefighter training program shall be implemented by the commissioner. The program shall also include a firefighter certification program in accordance with established standards. The acquisition of physical resources to enhance Statewide capability shall be coordinated by the commissioner.

(e) Administration.--

(1) The commissioner may assess reasonable fees on for-profit corporations and businesses and on students who are nonresidents of this Commonwealth for fire, rescue and emergency service training programs provided to them by the Pennsylvania State Fire Academy, but in no event shall any member of a municipal or volunteer fire, rescue, ambulance or other emergency service organization located within this Commonwealth be charged for training provided at the Pennsylvania State Fire Academy.

(2) The commissioner may charge all students for class materials and supplies directly related to the conduct of classes provided at the Pennsylvania State Fire Academy and for insignia, patches and similar memorabilia indicating student attendance or achievement at the Pennsylvania State Fire Academy.

(3) All revenues generated by these fees and charges shall augment the appropriation made to the Office of the State Fire Commissioner. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended subsecs. (a) and (d) and deleted subsec. (b).
35 Pa.C.S. § 7415 — PA Code / Title 35 / Chapter 74 / Section 7415
Structure.
Status: in_force

(a) General rule.--A volunteer firefighters' relief association may be a body corporate, governed by a charter and bylaws or an unincorporated association of individuals governed by bylaws and a constitution. In either case, it must provide for taking and preserving minutes of all meetings and maintenance of such books of account as may be necessary and appropriate to afford a permanent record of its fiscal affairs.

(b) Constitution or charter.--The constitution or charter shall:

(1) State the name, purposes and form of the organization.

(2) Designate the class or classes of persons eligible for membership and procedures to be followed in making amendments.

(c) Bylaws.--The bylaws shall:

(1) Specify the requirements for securing membership, voting rights of different classes of members, if there be different classes, and conditions under which membership may be terminated.

(2) State the notice requirements and procedure to be followed in calling meetings, as well as quorum requirements for regular and special meetings of the membership and for regular and special meetings of the body which governs the operations of the association between membership meetings, and shall designate that body, whether it be a board of directors, trustees or any similar body such as an executive committee. Unless otherwise provided for in the bylaws, powers and duties of officers, directors and trustees shall be those which normally pertain to such positions in nonprofit corporations.

(3) Require that the signatures of at least two officers, one of whom shall be the disbursing officer, shall be required to bind the association by formal contract or to issue a negotiable instrument.

(4) Require that the disbursing officer, whether designated treasurer, comptroller, financial secretary or otherwise, shall be bonded by corporate surety for faithful performance of duty. The amount of the bond shall be at least as great as the maximum cash balance in current funds of the association at any time during the fiscal year, and the premium on the bond shall be a proper charge against funds of the association.

(5) State the procedure to be followed in nominating and electing officers, trustees, directors and members of the executive committee, according to the provisions which have been made for establishment of those positions.

(6) Establish procedures for the approval and payment of expenditures, investment of funds and sale of investments.

(7) Set out the procedure to be followed in amending bylaws.

(8) Specify notice required with respect to proposed bylaw amendments, including the time, place and date when the proposed amendments shall be considered.

(9) Be faithfully preserved, along with amendments thereto and the effective date of the amendments, in permanent form.

(10) Contain such other provisions as may, to the membership, seem appropriate or necessary to the orderly conduct of affairs of the association.

(d) Standing procedures.--In addition to adopting bylaws, an association may adopt standing procedures, which shall be such matters as the membership may regard to be of a routine nature. Standing procedures may be adopted, modified or repealed by motion and majority vote but shall not be inconsistent with the bylaws, and they shall be recorded as an appendix to the bylaws.

(e) Charitable corporation.--A volunteer firefighters' relief association organized or conducted in accordance with the requirements of this section shall be regarded as a charitable corporation for all purposes, including the right to establish exemption from the operation of certain taxes.
35 Pa.C.S. § 7434 — PA Code / Title 35 / Chapter 74 / Section 7434
Confirmation.
Status: in_force

Special fire police nominated under this subchapter shall, before they enter upon their duties, be confirmed by the mayor of the city, the mayor of the borough or town, the chairman of the board of commissioners or supervisors of the township or the chief executive officer of a home rule municipality, as the case may be.
35 Pa.C.S. § 5204 — PA Code / Title 35 / Chapter 52 / Section 5204
Guidelines.
Status: in_force

(a) Adoption of guidelines.--The department shall adopt and publish guidelines for the implementation of the voluntary nonopioid directive form. The guidelines shall include, but not be limited to:

(1) A standard form for the recording and transmission of the voluntary nonopioid directive form, which shall include verification by the patient's practitioner and which shall comply with the written consent requirements of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 290dd-2(b)) and 42 CFR Pt. 2 (relating to confidentiality of alcohol and drug abuse patient records), provided that the voluntary nonopioid directive form shall also provide the basic procedures necessary to revoke the voluntary nonopioid directive form.

(2) Procedures to record the voluntary nonopioid directive form in the patient's medical record or, if available, the patient's interoperable electronic medical record and in the system.

(3) Requirements and procedures for a patient to appoint a duly authorized guardian or health care proxy to override a previously filed voluntary nonopioid directive form and circumstances under which an attending practitioner may override a previously filed voluntary nonopioid directive form based on documented medical judgment which shall be recorded in the patient's medical record.

(4) Procedures to ensure that any recording, sharing or distributing of data relative to the voluntary nonopioid directive form complies with all Federal and State confidentiality laws.

(5) Appropriate exemptions for practitioners and other health care providers and emergency medical personnel to prescribe or administer a controlled substance containing an opioid when, in their professional medical judgment, a controlled substance containing an opioid is necessary.

(b) Publication.--The department shall publish the guidelines in the Pennsylvania Bulletin and on its publicly accessible Internet website.

(c) Written prescriptions.--A written prescription that is presented at an outpatient pharmacy or a prescription that is electronically transmitted to an outpatient pharmacy shall be presumed to be valid for the purposes of this section, and a pharmacist in an outpatient setting shall not be held in violation of this section for dispensing a controlled substance containing an opioid or other controlled substance in contradiction to a voluntary nonopioid directive form, except

upon evidence that the pharmacist acted knowingly against the voluntary nonopioid directive form. Cross References. Section 5204 is referred to in section 5205 of this title.
35 Pa.C.S. § 5311.2 — PA Code / Title 35 / Chapter 53 / Section 5311.2
Powers and duties of agency (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.2 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 7821 — PA Code / Title 35 / Chapter 78 / Section 7821
Establishment.
Status: in_force

The Emergency Medical Services 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 EMS to provide ambulance, emergency medical, basic life support and advanced life support services. (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. § 7605 — PA Code / Title 35 / Chapter 76 / Section 7605
Construction.
Status: in_force

For purposes of Article VI of the compact, the term "officers or employees of a party state" shall be construed to include urban search and rescue response teams as defined in section 7202 (relating to definitions) that are assets of the Federal Emergency Management Agency or Pennsylvania Emergency Management Agency and the components, subgroups and regional elements of the task forces based in this Commonwealth. (Oct. 29, 2024, P.L.1026, No.113, eff. 60 days) 2024 Amendment. Act 113 added section 7605.
35 Pa.C.S. § 7832 — PA Code / Title 35 / Chapter 78 / Section 7832
Emergency Medical Services Company Grant Program.
Status: in_force

The sum of $3,000,000 of the amount appropriated to the commissioner for EMS 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 EMS companies under Subchapter C (relating to emergency medical services 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. § 7372 — PA Code / Title 35 / Chapter 73 / Section 7372
Registration of bonds.
Status: in_force

The Auditor General shall prepare the necessary registry book to be kept in the office of the duly authorized loan and transfer agent of the Commonwealth for the registration of any bonds, at the request of owners thereof, according to the terms and conditions of issue directed by the Governor, the Auditor General and the State Treasurer. All bonds which are issued without interest coupons attached shall be registered in the registry books kept by the duly authorized loan and transfer agent of the Commonwealth.
35 Pa.C.S. § 79B13 — PA Code / Title 35 / Chapter 79 / Section 79B13
Tuition or loan assistance.
Status: in_force

From money appropriated for the program, tuition or loan assistance shall be provided to eligible students to pursue approved programs of education on or after the effective date of this section.
35 Pa.C.S. § 7217 — PA Code / Title 35 / Chapter 72 / Section 7217
Miscellaneous provisions.
Status: in_force

(a) Immunity from liability.--The provisions of 42 Pa.C.S. § 8331 (relating to medical good Samaritan civil immunity), 8332 (relating to emergency response provider and bystander good Samaritan civil immunity) or 8332.4 (relating to volunteer-in-public-service negligence standard) shall apply to a member of a specialized regional counterterrorism response team, an urban search and rescue response team or a specialized

Statewide response team and an individual who provides logistical, material or other forms of emergency response support to a team or task force during activation or deployment of a team or task force to a potential or actual disaster or while engaged in a task force or team drill or training exercise.

(b) Effect on workers' compensation premiums.--Nothing in this chapter shall be construed to permit an insurer to raise workers' compensation premiums due to the participation or membership of a county, municipality, volunteer service organization, individual or employer on a regional counterterrorism task force, specialized regional counterterrorism response team, specialized Statewide response team or urban search and rescue response team.
35 Pa.C.S. § 5311.24 — PA Code / Title 35 / Chapter 53 / Section 5311.24
MLTS operator education.
Status: in_force

Each public agency providing 911 educational programs is encouraged to develop a program to educate MLTS operators related to accessing 911 emergency telephone systems and coordinate adequate testing of the MLTS interface to the 911 system. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015) 2015 Amendment. Act 12 added section 5311.24.
35 Pa.C.S. § 7709 — PA Code / Title 35 / Chapter 77 / Section 7709
Fires on State premises.
Status: in_force

(a) General rule.--When requested by a State officer or a deputy serving as custodian of the premises, a volunteer fire, ambulance and rescue company or any member thereof is authorized to enter Commonwealth-owned premises for the purpose of fighting a fire.

(b) Free assistance.--The Attorney General shall provide free legal assistance to any volunteer fire, ambulance and rescue company or member thereof who has entered State lands and premises for the purpose of fighting a fire when such ambulance or rescue company or member thereof is joined as a defendant in any civil action arising out of the performance of his or its duty under this section in fighting a fire after entering State premises on proper request. (Nov. 23, 2010, P.L.1181, No.118, eff. 60 days) 2010 Amendment. Act 118 added section 7709. Special Provisions in Appendix. See section 7(b.1)(7) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.
35 Pa.C.S. § 7895 — PA Code / Title 35 / Chapter 78 / Section 7895
Annual reports.
Status: in_force

(a) Contents.--The commissioner shall prepare an annual report on the Fire Company Grant Program and Emergency Medical Services Grant Program. The annual report shall include all of the following information:

(1) The total number of fire companies and EMS companies that were notified of the grant programs.

(2) The total number of fire companies and EMS companies that submitted applications for the grant programs.

(3) The total number of fire companies and EMS companies that were approved for grants.

(4) An analysis of how the grants were used for facilities, equipment, debt reduction, training and certification, the education of the general public, construction savings accounts and recruitment and retention, including length of service award programs, as delineated by county and municipality.

(5) A list of the fire companies as delineated by county that received additional grants under section 7813(a.2) (relating to award of grants).

(6) A list of the different entities that received grants, including municipal fire companies, volunteer fire companies, municipal emergency medical services companies and volunteer EMS companies.

(7) A list of the different reasons why grants were not issued to fire companies and EMS companies, including, but not limited to, the following:

(i) Failure to submit applications for the grant programs.

(ii) Failure to run calls for emergencies.

(iii) Delinquencies and bankruptcies.

(8) A list of the fire companies and EMS companies that utilized the grants to pay off loans under the Pennsylvania Fire and Emergency Medical Services Loan Program.

(b) Submission.--The commissioner shall submit the annual report by October 1, 2020, and by October 1 of each year thereafter, 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.

(c) Posting.--The commissioner shall post the annual report on the Office of the State Fire Commissioner's publicly accessible Internet website. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days; Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 renumbered former section 7843 to present section 7895.
35 Pa.C.S. § 5404 — PA Code / Title 35 / Chapter 54 / Section 5404
Improving access to cancer clinical trials.
Status: in_force

(a) Inducement.--All sponsors of cancer clinical trials shall inform potential patient-subjects at the time of the informed consent process of the following:

(1) Reimbursement for travel and ancillary costs is available to all enrollees based on financial need.

(2) Coverage of the travel and other ancillary costs is done to eliminate financial barriers to enrollment in order to retain patient-subjects in the clinical trial.

(3) Family, friends or chaperones that attend the cancer clinical trial treatments to support the patient-subject are eligible for reimbursement of their travel and ancillary expenses.

(b) Reimbursement.--

(1) Reimbursement of travel, ancillary medical costs and other direct patient-incurred expenses related to trial participation shall not be considered an inducement to participate in a cancer clinical trial.

(2) Reimbursement for travel and ancillary expenses shall not be considered coercive or exerting undue influence to participate in a trial; instead, reimbursement shall be considered a means to create parity in clinical trial access and remove a barrier to participation for financially burdened patient-subjects.

(c) Expenses and registration.--The following apply:

(1) Government, industry, public and private foundations, corporations and individuals may offer financial support to patient-subjects, or the family, friends or chaperones of patient-subjects, to cover ancillary costs through their support of a third-party reimbursement entity.

(2) A third-party reimbursement entity shall register with a department-approved Pennsylvania college or university

with a school of public health. Registration must occur within 30 days of the date the third-party reimbursement entity first reimbursed a patient-subject, or the patient-subject's family, friends or chaperones, for travel or ancillary expenses related to a cancer clinical trial conducted within this Commonwealth.

(3) Registration under paragraph (2) shall include:

(i) The name of the third-party reimbursement entity.

(ii) The third-party reimbursement entity's legal and tax status.

(iii) The third-party reimbursement entity's employer or other similar identification number.

(iv) The names of the third-party reimbursement entity's principal officers and directors.

(v) The names of donors of $5,000 or more to the third-party reimbursement entity.

(vi) Appropriate identifying information, as determined by the department, regarding other sources of funding from a source of $5,000 or more.

(vii) Other information as the department deems necessary or appropriate.

(4) A third-party reimbursement entity registering under paragraph (2) shall update the registration no less than once annually utilizing forms and regulations developed by the department.

(5) A third-party reimbursement entity that fails to register as required by this subsection shall be subject to a penalty of no more than $300 imposed by the department.

(d) Reimbursement programs.--Reimbursement programs must comply with the following:

(1) Reimbursement programs that cover ancillary medical and travel expenses must be reviewed and approved by the IRB or IEC in conjunction with their review of the proposed clinical trial. The IRB or IEC must consider whether the reimbursed patient-subjects are recruited fairly, informed adequately and paid appropriately.

(2) The nature of the ancillary support and general guidelines on financial eligibility must be disclosed in the informed consent process.

(3) The reimbursement process must conform to Federal and State laws and guidance.
35 Pa.C.S. § 7373 — PA Code / Title 35 / Chapter 73 / Section 7373
Information to General Assembly.
Status: in_force

It shall be the duty of the Governor to include in every budget submitted to the General Assembly full information relating to the issuance of bonds under this subchapter and the status of the sinking fund of the Commonwealth for the payment of the interest on said bonds and the principal thereof at maturity.
35 Pa.C.S. § 7842 — PA Code / Title 35 / Chapter 78 / Section 7842
Award of grants.
Status: in_force

(a) Application not required.--No application shall be required to receive a grant under this subchapter.

(b) Notification.--The Office of the State Fire Commissioner shall notify in writing each EMS company, as defined under section 7802 (relating to definitions), of the availability of grants from the Emergency Medical Services COVID-19 Recovery Grant Program for the purposes under section 7823(a) (relating to award of grants).

(c) Certification.--The Office of the State Fire Commissioner shall include with the written notification under subsection (b) a form for each eligible EMS company to certify that a grant received under this subchapter shall be used for the purposes under section 7823(a) and provide a deadline by which an EMS company must return the certification form.

(d) Amount.--Grants shall be awarded under this subchapter in an amount equal to the total amount of funds appropriated under section 7843 (relating to funding and costs) less the amount used under section 7843(b) divided by the total number of EMS companies that returned the certification under subsection (c).

(e) Report.--No later than July 30, 2022, each EMS company receiving a grant award under this subchapter shall report to the Office of the State Fire Commissioner how it will use the grant money awarded under subsection (d). 2022 Amendment. Act 10 renumbered former section 7842 to 7894 and added present section 7842.
35 Pa.C.S. § 52B01 — PA Code / Title 35 / Chapter 52 / Section 52B01
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:

"Acute pain." Pain that comes on quickly, may be severe, but lasts a relatively short time and is provoked by a specific condition or injury.

"Baseline test." The initial assessment through a urine drug test to:

(1) identify the presence of an illegal substance prior to prescribing a controlled substance; or

(2) assess the presence or absence of a prescribed drug or drug class.

"Chronic pain." Pain that persists or progresses over a period of time that may be related to another medical condition and is resistant to medical treatment. The term does not include acute pain.

"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.

"Definitive drug test." A qualitative or quantitative urine drug test used to identify specific drugs, specific drug concentrations and associated metabolites.

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

"Individual." An individual who is at least 18 years of age.

"Medical emergency." A situation that, in the good faith professional judgment of the prescriber, creates a time sensitive threat of serious risk to the life or physical health of a person. The term includes treatment received in an emergency department or urgent care center under the act of November 2, 2016 (P.L.976, No.122), known as the Safe Emergency Prescribing Act.

"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.

"Periodic test." A urine drug test that screens for a selection of drugs.

"Prescriber." As defined in the act of October 27, 2014 (P.L.2911, No.191), known as the Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act.

"Presumptive positive drug test." A urine drug test that is used to identify suspected possible use or nonuse of drugs or a drug class that may be followed by a definitive test to specifically identify drugs or metabolites.

"Targeted test." A urine drug test ordered at the discretion of a prescriber, based on observation of the prescriber and related circumstances that enhance clinical decision making.

"Treatment agreement." A document signed by a prescriber and individual that contains a statement to ensure that the individual understands:

(1) Treatment responsibilities.

(2) The conditions of medication use.

(3) The conditions under which the treatment of the individual may be terminated.

(4) The responsibilities of the prescriber.
35 Pa.C.S. § 5711 — PA Code / Title 35 / Chapter 57 / Section 5711
Scope of subchapter.
Status: in_force

This subchapter provides temporary authority to a taxing district to deal with the taxation of all real property made taxable by the laws of this Commonwealth during the COVID-19 disaster emergency.
35 Pa.C.S. § 5721 — PA Code / Title 35 / Chapter 57 / Section 5721
Waivers and penalties.
Status: in_force

(a) Applicability.--This section applies only to the tax years affected by the COVID-19 disaster emergency.

(b) Requirements.--Notwithstanding any other provision of law, the following shall apply:

(1) The requirement under section 2004-B(d) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, requiring business firms to make a contribution to a scholarship organization, pre-kindergarten scholarship organization, opportunity scholarship organization or educational improvement organization no later than 60 days following the approval of an application under subsection

(a) or (b) of section 2004-B of the Public School Code of 1949 is extended until the end of the business firm's applicable tax year.

(2) A business firm shall provide proof of its contribution in the form of a written acknowledgment from the scholarship organization, pre-kindergarten scholarship organization, opportunity scholarship organization or educational improvement organization to the Department of Community and Economic Development within 30 days of the contribution made under paragraph (1).

(3) Business firms fulfilling year two of a two-year commitment that are impacted by the COVID-19 disaster emergency shall be permitted to receive a tax credit of up to 90% of the amount contributed in year two. As part of the COVID-19 disaster emergency, the department is prohibited from reducing the credit authorized in year one of the two-year agreement if the year two contribution is less than the year one contribution for business firms in a two-year commitment.
35 Pa.C.S. § 5725 — PA Code / Title 35 / Chapter 57 / Section 5725
Contract service providers.
Status: in_force

(a) General rule.--Each school entity may renegotiate a contract for contract service providers to ensure contracted personnel and fixed costs, including administrative and equipment, are maintained during the period of school closure. During the period of school closure, the contract service providers shall submit weekly documentation to the school entity that its complement levels remain at or above the level on March 13, 2020, in order to continue being paid.

(b) Definitions.--As used in this section, the term "school entity" shall have the same meaning as in section 1501.8(n) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949. (Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 renumbered former section 5721.1 to present section 5725.
35 Pa.C.S. § 8125 — PA Code / Title 35 / Chapter 81 / Section 8125
Medical director of emergency medical services agency.
Status: in_force

(a) Qualifications.--To qualify and continue to function as an EMS agency medical director, an individual shall:

(1) Be a physician.

(2) Satisfy one of the following:

(i) Have successfully completed an emergency medicine residency program accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii) Have successfully completed a residency program in surgery, internal medicine, family medicine, pediatrics or anesthesiology, accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine. The physician shall also have successfully completed or taught an advanced cardiac life support course acceptable to the department within the preceding two years and have completed, at least once, an advanced trauma life support course acceptable to the department and an advanced pediatric life support course acceptable to the department or other programs determined by the department to meet or exceed the standards of these programs.

(iii) Have served as an advanced life support service medical director under the act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, prior to the effective date of this chapter.

(3) Have a valid Drug Enforcement Agency number.

(4) Have completed the EMS agency medical director's course, an EMS fellowship or other EMS training program that is determined by the department to be equivalent. This training shall assure that the EMS agency medical director has knowledge of:

(i) The scope of practice of EMS providers.

(ii) The provision of EMS pursuant to department-approved protocols.

(iii) The interface between EMS providers and medical command physicians.

(iv) Quality improvement principles.

(v) Emergency medical dispatch principles and EMS agency communication capabilities.

(vi) EMS system design and operation.

(vii) Federal and State laws and regulations regarding EMS.

(viii) Regional and State mass casualty and disaster plans.

(b) Roles and responsibilities.--An EMS agency medical director is responsible for the following:

(1) Reviewing department-approved EMS protocols that are applicable to the EMS agency and ensuring that its EMS providers and other relevant personnel are familiar with the protocols applicable to them.

(2) Conducting for and reporting to the EMS agency the following:

(i) An initial assessment of an EMS provider at or above the advanced EMT level to determine whether the EMS provider has demonstrated competency in the knowledge and skills one must have to competently perform the skills within the scope of practice of the EMS provider at that level and a commitment to adequately perform other functions relevant to the EMS provider providing EMS at that level. This subparagraph does not apply if the EMS provider was working for the EMS agency at the same level prior to the physician becoming the medical director for the EMS agency and the EMS provider was credentialed at that EMS agency within the last year as being able to perform at the EMS provider's certification level.

(ii) At least annually, an assessment of each EMS provider at or above the advanced EMT level as to whether the EMS provider has demonstrated competency in the knowledge and skills an EMS provider must have to competently perform the skills within the scope of practice of the EMS provider at that level and a commitment to adequately perform other functions relevant to the EMS provider providing EMS at that level.

(3) Participating in and reviewing quality improvement reviews of patient care provided by the EMS agency and participating in the Statewide and regional quality improvement program.

(4) Providing medical guidance and advice to the EMS agency.

(5) Providing guidance with respect to the ordering, stocking and replacement of drugs and compliance with laws and regulations impacting upon the EMS agency's acquisition, storage and use of those drugs.

(6) Maintaining a liaison with the regional EMS medical director.

(7) Recommending to the department suspension, revocation or restriction of EMS provider's certifications.

(8) Reviewing regional mass casualty and disaster plans.

(9) Performing other functions as the department may impose by regulation. References in Text. The act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, referred to in subsec. (a), was repealed by the act of August 18, 2009 (P.L.308, No.37). The subject matter is now contained in Chapter 81.

Cross References. Section 8125 is referred to in sections 8113, 8129 of this title.
35 Pa.C.S. § 7419.1 — PA Code / Title 35 / Chapter 74 / Section 7419.1
Fire relief formula study.
Status: in_force

(a) Study.--The State Fire Advisory Board shall have the following duties:

(1) Review and make findings and recommendations regarding the fire relief funding formula and fire relief services in this Commonwealth.

(2) Hold public meetings regarding the fire relief funding formula and fire relief services in different regions of this Commonwealth.

(3) Consult with and utilize experts to assist the board in carrying out its duties under this section.

(4) Receive input from interested parties and take into consideration the diverse nature of fire services in this Commonwealth.

(5) Draft proposed legislation based on the board's findings and recommendations regarding the fire relief funding formula and fire relief services.

(6) No later than December 31, 2023, issue a report on the board's findings and recommendations regarding the fire relief funding formula and fire relief services to all of the following:

(i) The Governor.

(ii) The commissioner.

(iii) The President pro tempore of the Senate.

(iv) The Majority Leader and Minority Leader of the Senate.

(v) The Veterans Affairs and Emergency Preparedness Committee of the Senate.

(vi) The Speaker of the House of Representatives.

(vii) The Majority Leader and Minority Leader of the House of Representatives.

(viii) The Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(b) Construction.--Nothing in this section shall be construed to authorize a fire relief funding formula to go into effect without being approved by an act of the General Assembly. (Oct. 29, 2020, P.L.739, No.91, eff. 6 months; Nov. 3, 2022, P.L.1674, No.104, eff. imd.) 2022 Amendment. Act 104 amended subsec. (a)(6) intro. par. 2020 Amendment. Act 91 added section 7419.1.
35 Pa.C.S. § 7925 — PA Code / Title 35 / Chapter 79 / Section 7925
Use of grant funds.
Status: in_force

Grant funds issued under the program may be used to assist in the repair or replacement of public facilities due to disaster-related damages. Funds may also be used for disaster-related debris removal or to demolish a public facility if the facility was made unsafe by the disaster.
35 Pa.C.S. § 4 — PA Code / Title 35 / Chapter 4 / Section 4
Continuation of prior law.
Status: in_force

The addition of 35 Pa.C.S. Ch. 72 is a continuation of
35 Pa.C.S. § 7356 — PA Code / Title 35 / Chapter 73 / Section 7356
Acquisition of site.
Status: in_force

The Secretary of Education, with the approval of the Governor, may accept a gift of land suitable as a site for the school or, if no gift of a suitable site is offered, the secretary shall, with the approval of the Governor, select for acquisition by the Department of General Services in the name of the Commonwealth a tract of land located in or adjacent to the borough of Lewistown for the erection, construction, furnishing and equipping thereon by the Department of General Services of the Pennsylvania State Firemen's Training School. The title to the lands so acquired, whether by gift or otherwise, shall be approved by the Attorney General. If it shall be found that the Commonwealth owns State lands suitable in whole or in part for such use, the lands may be designated by the Department of Education, with the approval of the Governor and the department, board or commission having possession and control of the lands, and used for such purpose. Any additional lands necessary may be selected and acquired as herein provided.
35 Pa.C.S. § 7303 — PA Code / Title 35 / Chapter 73 / Section 7303
Debris and wreckage removal.
Status: in_force

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

(1) Notwithstanding any other provision of law, through the use of Commonwealth agencies or instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property.

(2) To accept funds from the Federal Government and utilize the funds to make grants or to reimburse any political subdivision for the purpose of removing debris or wreckage from publicly or privately owned land or water.

(b) Authority of Commonwealth personnel.--Whenever the Governor provides for clearance of debris or wreckage pursuant to subsection (a), employees of the designated Commonwealth agencies or individuals appointed by the Commonwealth are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.

(c) Nonliability of Commonwealth personnel.--Except in cases of willful misconduct, gross negligence or bad faith, any Commonwealth employee or agent complying with and performing duties pursuant to orders of the Governor under this section shall not be liable for death of or injury to persons or damage to property. Cross References. Section 7303 is referred to in section 7306 of this title.
35 Pa.C.S. § 7307 — PA Code / Title 35 / Chapter 73 / Section 7307
Use and appropriation of unused Commonwealth funds (Repealed).
Status: repealed

2007 Repeal. Section 7307 was repealed July 17, 2007, P.L.141, No.42, effective immediately.
35 Pa.C.S. § 7502 — PA Code / Title 35 / Chapter 75 / Section 7502
Local coordinator of emergency management.
Status: in_force

(a) General rule.--Each local organization of emergency management shall have a coordinator who shall be responsible for the planning, administration and operation of the local organization subject to the direction and control of the executive officer or governing body.

(b) County coordinator.--A coordinator shall be appointed in all counties with approval of the director of the agency. The executive officer or governing body of the county shall recommend a coordinator whose recommendation must be endorsed by the director of the agency prior to appointment by the Governor. Upon failure of the executive officer or governing body of the county to make a recommendation of a person for coordinator within the time fixed by the agency, the Governor is authorized to appoint a coordinator based upon the recommendation of the director of the agency. The coordinator of the county organization shall not be assigned any duties that will conflict with his duty as coordinator.

(c) Local level.--At the local level, the coordinator shall be appointed by the Governor upon the recommendation of the executive officer or governing body of the political subdivision. Upon the failure of the executive officer or governing body of a political subdivision to make a recommendation to the Governor of a candidate for coordinator within the time fixed by the agency, the Governor is authorized to appoint a coordinator without any recommendation. A candidate for coordinator for two or more political subdivisions may be recommended to the Governor for appointment upon agreement by resolution of the governing bodies of such political subdivisions. Any other law notwithstanding, a local government official may be recommended for appointment.

(d) Qualifications.--The coordinator shall be professionally competent and capable of planning, effecting coordination among operating agencies of government and controlling coordinated operations by local emergency preparedness forces.

(e) In-service training.--Each appointed coordinator shall:

(1) Attend and successfully complete the first phase of the career development program as prescribed by the agency within one year after appointment.

(2) Attend and successfully complete the second phase of the career development program as prescribed by the agency within three years after appointment.

(3) Attend basic and advanced seminars, workshops and training conferences called by the State director and/or official having responsibility for providing the coordinator with in-service training. Failure to attend the instruction described in this subsection or failure to attend a prescribed training conference for a period of two consecutive years shall be cause for replacement. The State Director of Emergency Management may grant credit toward meeting the requirements of this subsection to appointed local coordinators on the basis of prior experience and training.

(f) Responsibility for training.--Responsibility for the professional in-service training of each coordinator rests with each successive higher political subdivision than the one in which the coordinator is functioning.

(g) Expenses.--Each appointed coordinator shall be reimbursed for actual expenses incurred in the performance of his duties and attendance at scheduled meetings. Cross References. Section 7502 is referred to in section 7707 of this title.
35 Pa.C.S. § 7338 — PA Code / Title 35 / Chapter 73 / Section 7338
Workers' compensation.
Status: in_force

Notwithstanding any other provision of law, a responding political subdivision shall provide appropriate workers' compensation insurance protection for municipal employees and

volunteers representing the responding political subdivision when responding to a request under this system. Personnel of a responding political subdivision who sustain injury or death in the course of and arising out of their employment shall be entitled to all applicable benefits normally available to personnel while performing their duties for their employer. Responders shall receive any additional Federal and State benefits that may be available to them for line-of-duty deaths.
35 Pa.C.S. § 7713 — PA Code / Title 35 / Chapter 77 / Section 7713
Prohibition on certain service.
Status: in_force

A person convicted of violating 18 Pa.C.S. § 3301 (relating to arson and related offenses) or any similar offense under Federal or State law shall be prohibited from serving as a firefighter in this Commonwealth and shall be prohibited from being certified as a firefighter under Subchapter F of Chapter 73 (relating to State Fire Commissioner). Proof of nonconviction must consist of either of the following:

(1) An official criminal history record check obtained under 18 Pa.C.S. Ch. 91 (relating to criminal history record information) indicating no arson convictions.

(2) A dated and signed statement by the person swearing to the following: I have never been convicted of an offense that constitutes the crime of "arson and related offenses" under 18 Pa.C.S. § 3301 or any similar offense under any Federal or State law. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that if I knowingly make any false statement herein, I am subject to penalties prescribed by law, including, but not limited to, a fine of at least $1,000. (Nov. 23, 2010, P.L.1181, No.118, eff. 60 days) 2010 Amendment. Act 118 added section 7713. Special Provisions in Appendix. See section 7(b.1)(15) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.
35 Pa.C.S. § 5305 — PA Code / Title 35 / Chapter 53 / Section 5305
911 system plan.
Status: in_force

(a) Minimum standards.--Upon the agreement of a county to establish a 911 system as a regional or single county PSAP, a plan shall be adopted that meets at least the standards promulgated by the agency. The county may obtain technical assistance from the agency in formulating its plan. Each 911 system plan shall be designed to meet the individual circumstances of each community and public agency participating in the 911 system. The plan shall consider efficiencies to be achieved from regionalization and consolidation and shall include consideration of and implementation plans for next generation 911 technology.

(b) Board review.--

(1) The board may review each 911 system plan for completeness and may recommend the approval or disapproval of the plan to the agency.

(2) If the 911 system plan is recommended for disapproval by the board, the agency shall explain the deficiencies that caused the recommendation and may return the plan.

(c) Regional systems.--Nothing in this chapter shall be construed to prohibit the formation of multijurisdictional or regional 911 systems.

(d) Council review.--(Deleted by amendment).

(e) Commission review.--(Deleted by amendment).

(f) Present systems.--(Deleted by amendment).

(g) Regional systems.--(Deleted by amendment).

(g.1) Contribution rate.--(Deleted by amendment).

(h) Contribution rate changes.--(Deleted by amendment).

(i) Assessment.--(Deleted by amendment). (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. § 7337 — PA Code / Title 35 / Chapter 73 / Section 7337
Insurance.
Status: in_force

A responding political subdivision shall ensure that adequate insurance protection is in effect covering all vehicles and equipment used in response to an intrastate mutual aid request. Personnel of the responding political subdivision shall maintain direct and overall control of all vehicles and equipment utilized in an intrastate mutual aid response and shall ensure that vehicles and equipment are used within intended design specifications.
35 Pa.C.S. § 5311.14 — PA Code / Title 35 / Chapter 53 / Section 5311.14
Collection and disbursement of VoIP 911 fee (Deleted by amendment).
Status: in_force

2015 Amendment. Section 5311.14 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
35 Pa.C.S. § 79A11 — PA Code / Title 35 / Chapter 79 / Section 79A11
Program authorization.
Status: in_force

(a) Establishment.--A municipality that levies an earned income tax may establish by ordinance or resolution a tax credit against an individual's liability imposed under Chapter 3 of the Local Tax Enabling Act for active service as a volunteer.

(b) Amount.--A municipality shall set forth in the ordinance or resolution the total amount of the tax credit that will be offered to an individual. If an individual's earned income tax liability is less than the amount of the tax credit offered, the individual's tax credit must equal the individual's tax liability.

(c) Public notice.--At least 30 days prior to adoption of the ordinance or resolution, the governing body shall give public notice of its intent to adopt an ordinance or resolution to establish a tax credit and conduct at least one public hearing on the issue.

(d) Specific notice.--A municipality that establishes a tax credit under this chapter shall notify the commissioner in the manner prescribed by the commissioner. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)

2020 Amendment. Act 91 amended subsecs. (a) and (b). Cross References. Section 79A11 is referred to in section 79A03 of this title.
35 Pa.C.S. § 8140 — PA Code / Title 35 / Chapter 81 / Section 8140
Conditional temporary licenses.
Status: in_force

When an EMS agency or an applicant for a license to operate as an EMS agency does not provide service 24 hours per day and seven days per week or is unable to participate in a county-level or broader-level emergency medical response plan approved by the department, the department shall issue a conditional temporary license for operation of the EMS agency when the department determines that it is in the public interest, subject to such terms as the department deems appropriate. A conditional temporary license shall be valid for one year and may be renewed as many times as the department determines that it is in the public interest to do so. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8137 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. § 3314 — PA Code / Title 35 / Chapter 33 / Section 3314
Contracts with vendors.
Status: in_force

A contract with a vendor other than a sole source vendor for purchase of services or for purchase or lease of supplies and equipment related to the council's powers and duties shall be let only after a public bidding process and only in accordance with the following provisions:

(1) The council shall prepare specifications fully describing the services to be rendered or equipment or supplies to be provided by a vendor and shall make the specifications available for inspection by a person at the council's offices during normal working hours and at other places and other times as the council deems advisable.

(2) The council shall publish notice of invitations to bid in the Pennsylvania Bulletin and on the council's publicly accessible Internet website. The notice shall include at least the following:

(i) The deadline for submission of bids by prospective vendors, which shall be no sooner than 30 days following the latest publication of the notice as prescribed under this paragraph.

(ii) The locations, dates and times during which prospective vendors may examine the specifications required under paragraph (1).

(iii) The date, time and place of the meeting or meetings of the council at which bids will be opened and accepted.

(iv) A statement to the effect that any person is eligible to bid.

(3) Bids shall be accepted as follows:

(i) A council member who is affiliated in any way with a bidder may not vote on the awarding of a contract for which the bidder has submitted a bid. A council member who has an affiliation with a bidder shall state the nature of the affiliation prior to a vote of the council.

(ii) Bids shall be opened and reviewed by the appropriate council committee, which shall make recommendations to the council on approval. Bids shall be accepted and the acceptance shall be announced only at a public meeting of the council as defined in section 3303(e) (relating to Health Care Cost Containment Council). A bid may not be accepted at an executive session of the council.

(iii) The council may require that a certified check, in an amount determined by the council, accompany every bid. If required, a bid may not be accepted unless accompanied by a certified check.

(4) In order to prevent a party from deliberately underbidding contracts in order to gain or prevent access to council data, the council may award a contract at the council's discretion, regardless of the amount of the bid, as follows:

(i) A bid accepted must reasonably reflect the actual cost of services provided.

(ii) A vendor selected by the council under this paragraph must be found by the council to be of the character and integrity as to assure, to the maximum extent possible, adherence to this chapter in the provision of contracted services.

(iii) The council may require the selected vendor to furnish, within 20 days after the contract has been awarded, a bond with suitable and reasonable requirements

guaranteeing the services to be performed with sufficient surety in an amount determined by the council. If the bond is not furnished within the time specified, the previous award shall be void.

(5) The council shall make efforts to assure that the council's vendors have established affirmative action plans to assure equal opportunity policies for hiring and promoting employees. Cross References. Section 3314 is referred to in sections 3304, 3307, 3311 of this title.
35 Pa.C.S. § 7101 — PA Code / Title 35 / Chapter 71 / Section 7101
Short title of part.
Status: in_force

This part shall be known and may be cited as the "Emergency Management Services Code."
35 Pa.C.S. § 79A31 — PA Code / Title 35 / Chapter 79 / Section 79A31
Penalties for false reporting.
Status: in_force

The following shall apply:

(1) Any person who knowingly makes or conspires to make a false service record report under this chapter commits a misdemeanor of the first degree punishable by a fine of $2,500.

(2) Any person who knowingly provides or conspires to provide false information that is used to compile a service record report under this chapter commits a misdemeanor of the first degree punishable by a fine of $2,500.
35 Pa.C.S. § 5311.17 — PA Code / Title 35 / Chapter 53 / Section 5311.17
Shared communications services (Repealed).
Status: repealed

2024 Repeal. Section 5311.17 was repealed November 18, 2024, P.L.1186, No.147, effective immediately.
35 Pa.C.S. § 7388 — PA Code / Title 35 / Chapter 73 / Section 7388
Online training for firefighters.
Status: in_force

(a) Duty to establish guidelines.--The commissioner shall establish guidelines for the development, delivery and maintenance of an online system of firefighter training for firefighters. The guidelines shall state, at a minimum, that the training is voluntary and offered free of charge.

(b) Prioritization training program.--The training program shall be incorporated into the Train PA system or any other system approved by the commissioner, and the courses or programs offered must be, to the greatest extent possible, courses or

programs that do not require hands-on or field training and provide, at a minimum, basic-level training for firefighters.

(c) Prioritization.--In establishing online training courses, the commissioner shall prioritize specific topics.

(d) Certificate of completion.--The commissioner shall provide a certificate of completion to a firefighter who successfully completes an online firefighter training program.

(e) Publication.--The Office of the State Fire Commissioner shall post a complete listing of the available online firefighter training courses on the office's publicly accessible Internet website.

(f) Funding.--The commissioner shall use money in the Online Training Educator and Training Reimbursement Account established under section 2413(a)(2) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, for the purpose of administering this section.

(g) Reporting.--By December 31 each year, the commissioner shall provide a written report detailing the use of the Online Training Educator and Training Reimbursement Account from the prior fiscal year to the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate, the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate, the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. (Nov. 27, 2019, P.L.737, No.106, eff. 60 days) 2019 Amendment. Act 106 added section 7388. Cross References. Section 7388 is referred to in section 7388.1 of this title.
35 Pa.C.S. § 7416 — PA Code / Title 35 / Chapter 74 / Section 7416
Funds.
Status: in_force

(a) General rule.--A volunteer firefighters' relief association may solicit and receive gifts and contributions from any source, including municipal corporations, but shall not have the right to receive any portion of the money distributed to political subdivisions of this Commonwealth under
35 Pa.C.S. § 7824 — PA Code / Title 35 / Chapter 78 / Section 7824
Consolidation incentive.
Status: in_force

After January 1, 2020, if two or more emergency medical services companies consolidate their use of facilities, equipment 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 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 emergency medical services company. If the commissioner determines that the consolidated entity is a bona fide consolidated emergency medical services 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 Subchapter E of Chapter 73, for which the consolidating companies or the consolidated entity may be individually or jointly responsible. The commissioner may promulgate such rules and regulations as may be necessary to carry out the provisions of this section. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 added section 7824.