35 PA Cons Stat § 8122 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 35 - HEALTH AND SAFETY|Chapter 81 - Emergency Medical Services System|Section 8122 - Emergency medical services vehicle operators

§ 8122. Emergency medical services vehicle operators.   (a) Certification.--An EMS vehicle operator certification shall be permanent, subject to disciplinary action under this section. The department shall certify as an EMS vehicle operator a person who meets all of the following: (1) Completes an application for an EMS vehicle operator certification on a form or through an electronic application process, as prescribed by the department. (2) Is at least 18 years of age. (3) Has a current license to operate the vehicle. (4) Is not addicted to alcohol or drugs. (5) Is free from physical or mental defect or disease that may impair the person's ability to drive an EMS vehicle. (6) Has successfully completed an emergency vehicle operator's course of instruction approved by the department. (7) Has not: (i) Been convicted within the last four years prior to the date of application of driving under the influence of alcohol or drugs. (ii) Within the last two years prior to the date of application, been convicted of reckless driving or had a driver's license suspended due to use of drugs or alcohol or a moving traffic violation. (8) Has successfully completed an emergency vehicle operator's course of instruction approved by the department following a disqualification from certification under paragraph (7), regardless of whether the person successfully completed the course previously.  (b) Registration.--An EMS vehicle operator, other than an EMS vehicle operator who operates a vehicle exclusively for a QRS, shall register the EMS vehicle operator's certification. An EMS vehicle operator who operates an EMS vehicle exclusively for a QRS shall have no registration requirements. Except as otherwise provided in this subsection, an EMS vehicle operator's certification shall be deemed registered for three years after issuance. An EMS vehicle operator may not operate a ground EMS vehicle unless the certification is currently registered. The following shall apply: (1) The department shall issue a registration of an EMS vehicle operator's certification to an EMS vehicle operator who meets all of the following: (i) Completes an application for registration on a form or through an electronic application process, as prescribed by the department. (ii) Has a current registration and applies for a new registration no later than 30 days before the current registration is to expire or within a lesser time period as the department may establish by regulation. (iii) Has a current license to operate the vehicle. (iv) Successfully completes continuing education credits for EMS vehicle operators as required by the department in continuing education programs approved by the department. (2) If a person who is issued an EMS vehicle operator's certification also has an EMS provider's certification, the registration of the EMS vehicle operator's certification shall expire at the same time as the registration of the EMS provider's certification. If the person does not maintain current registration of the EMS provider's certification, the registration of the EMS vehicle operator's certification shall continue on the same renewal cycle. If an EMS vehicle operator who is an EMS provider becomes certified as a higher-level EMS provider, the registration of the EMS vehicle operator's certification shall expire at the same time as the registration of the higher-level EMS provider's certification. (3) If an EMS provider's certification is subject to a biennial registration cycle, the continuing education requirements for the registration of the EMS vehicle operator's certification following the initial registration of the certification shall be prorated based upon the month in which the EMS provider became certified, with any fractional requirement rounded down. (4) An EMS vehicle operator whose registration of an EMS vehicle operator's certification has expired shall qualify for a biennial registration of the certification as prescribed by regulation of the department.  (c) Transition for EMS vehicle operators.--An individual who served as an EMS vehicle operator prior to the effective date of this section and who satisfies the EMS vehicle operator's certification requirements under subsection (a) may serve as an EMS vehicle operator for 90 days after the effective date of this section without having secured a certification as an EMS vehicle operator.  (d) Grounds for discipline.--The department may suspend or revoke or, as applicable, refuse to issue an EMS vehicle operator's certification for any of the following reasons: (1) Lack of physical or mental ability to operate an EMS vehicle. (2) Deceptive or fraudulent procurement or representation of certification or registration credentials or for making misleading, deceptive or untrue representations to secure a certification or registration. (3) The operation of an emergency vehicle in a reckless manner or while under the influence of alcohol, illegal drugs or the knowing abuse of legal drugs. (4) Having a driver's license suspended due to use of alcohol or drugs or a moving traffic violation. (5) Conviction of a felony or crime involving moral turpitude. For the purposes of this paragraph, a conviction includes a judgment of guilt, a plea of guilty or a plea of nolo contendere. (6) Failing to perform a duty imposed upon an EMS vehicle operator under this chapter or a related regulation. (7) Other reasons as determined by the department which pose a threat to the health and safety of the public.  (e) Suspension of certification.--If the department suspends a certification, it may also impose conditions for the lifting of the suspension, including requiring the person to successfully repeat an emergency vehicle operator's course approved by the department.  (f) Reporting responsibilities and automatic suspension.--An EMS vehicle operator shall report to the department within 30 days a suspension of that person's driver's license or a conviction of reckless driving, a felony, a misdemeanor or any other crime that is not a summary offense or equivalent. For a conviction of driving under the influence of alcohol or drugs or reckless driving or for suspension of a driver's license, the certification shall automatically be suspended for the periods of time specified in subsection (a)(7).  (g) Change of address.--  (1) An EMS vehicle operator and an applicant for an EMS vehicle operator's certification shall ensure that the department has the current address at which the person can be reached by mail at all times. (2) Neither an EMS vehicle operator's home address, telephone number nor any other residential contact information provided to the department shall be deemed a public record.    Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8122 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 8122 is referred to in section 8123 of this title.