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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7418 - Audits

§ 7418. Audits.
(a) General rule.--
(1) The Office of Auditor General shall have the power and its duty shall be to audit the accounts and records of every volunteer firefighters' relief association receiving money under Chapter 7 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, as far as may be necessary to satisfy the Auditor General that the money received was or is being expended for no purpose other than that authorized by this subchapter. Copies of all audits shall be furnished to the Governor.
(2) The commissioner, in consultation with the State Fire Advisory Board, shall establish and publish annually, on the Office of the State Fire Commissioner's publicly accessible Internet website, eligible uses of the money in accordance with this subchapter.
(3) The commissioner may receive inquiries from the fire services on eligible uses of money and, in consultation with the State Fire Advisory Board, make a determination on the eligible use of money on the equipment or service that is the subject of the inquiry.
(4) Notwithstanding paragraph (1), the commissioner shall maintain authority relating to the eligible uses of money received.
(b) Findings.--
If the Auditor General finds that money received by a volunteer firefighters' relief association has been expended for a purpose other than one authorized by this subchapter, the commissioner, upon receiving notice of the findings from the Auditor General, shall decline to approve payment to the volunteer firefighters' relief association until the improperly expended amount has been reimbursed to the relief association fund.
(Oct. 29, 2020, P.L.739, No.91)
2020 Amendment.
Act 91 amended the entire section, effective in six months as to subsec. (b) and sixty days as to the remainder of the section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7419 - Dissolution

§ 7419. Dissolution.
(a) Withdrawal.
--If the voters elect to replace a volunteer fire company with a full-paid fire department or company and the volunteer company which has been replaced ceases to render fire service to any community, the volunteer company shall withdraw from the volunteer firefighters' relief association which had extended protection to its membership.
(b) Continuation.
--Notwithstanding withdrawal of a company under subsection (a), the volunteer firefighters' relief association shall continue granting financial assistance to its remaining members and their families in death, sickness and distress suffered through the unfortunate elements of life.
(c) New members prohibited.
--A volunteer firefighters' relief association continuing under subsection (b) shall not receive any new members.
(d) Application.
--When the membership of a relief association functioning under subsection (b) diminishes to five members, the association shall apply to the local common pleas court for dissolution.
(e) Determination.
--Upon receipt of an application under subsection (d), the court shall direct that:
(1) all bills, including the costs of dissolution, be paid; and
(2) the balance of funds in the treasury of the volunteer firefighters' relief association subject to dissolution be paid to the pension fund of the paid fire department created as set forth in subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7419.1 - Fire relief formula study

§ 7419.1. Fire relief formula study.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7422 - Definitions

§ 7422. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Discipline."
The taking of an action against an employee which adversely affects his regular pay to an extent greater than permitted by section 7425 (relating to lost time), his job status, his opportunity for promotion or his right to any benefit granted by the employer to other similarly situated employees.
"Discriminate."
To discharge or to discipline in a manner inconsistent with the employer's treatment of other similarly situated employees who are injured in the course of their employment or related activities.
"Employer."
An individual, partnership, association, corporation, business trust or a person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee.
"Line of duty."
Going to, coming from or during fire prevention and safety activities which includes fire prevention, first aid, rescue and salvage, ambulance service, fire police work, assistance at accidents, control of crowds both on the fire grounds and at occasions of public or general assembly, animal rescue, abatement of conditions due to storm, flood or general peril, abatement or removal of hazards to safety and other activities as are commonly undertaken by fire companies, ambulance services or rescue squads or their affiliated organizations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7423 - Prohibition on termination and discipline

§ 7423. Prohibition on termination and discipline.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7424 - Prohibition on discrimination

§ 7424. Prohibition on discrimination.
No employer shall discriminate against an employee because the employee has been injured in the line of duty as a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad, nor shall an employer discriminate against an employee injured in the line of duty as a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad who subsequently returns to work after receiving workers' compensation benefits under the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7425 - Lost time

§ 7425. Lost time.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7426 - Statements

§ 7426. Statements.
An employee losing time as provided in section 7423 (relating to prohibition on termination and discipline) shall supply his employer with a statement from the chief executive officer of his volunteer fire company, ambulance service or rescue squad or its affiliated organization stating that he responded to a call and the time of the call.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7427 - Violations

§ 7427. Violations.
(a) Employers.
--An employer who willfully and knowingly violates this subchapter shall be required to revoke a disciplinary action and any penalty attached thereto or to reinstate such employee to his former position and shall be required to pay the employee all lost wages and benefits for the period between termination and reinstatement and reasonable attorney fees incurred in an action to recover lost wages and benefits.
(b) Statute of limitations.
--An action to enforce this subchapter shall be commenced within two years of the date of violation, and the action shall be commenced in the court of common pleas of the county in which the employer is located.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7431 - Scope of subchapter

§ 7431. Scope of subchapter.
This subchapter applies to a volunteer fire company in any city, borough, town, township or home rule municipality.
Cross References.
Section 7431 is referred to in section 7433 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7434 - Confirmation

§ 7434. Confirmation.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7435 - Powers

§ 7435. Powers.
(a) Specific powers.
--When confirmed and sworn and displaying a badge of authority, special fire police shall have full power to regulate traffic and keep crowds under control at or in the vicinity of any fire on which their companies are in attendance and to exercise other police powers necessary to facilitate and prevent interference with the work of firemen in extinguishing fires. They shall also have the police powers necessary to perform their duties when functioning as special fire police at any function, event or parade conducted by and under the auspices of a volunteer fire company, or another event, function or parade conducted by an organization other than a volunteer fire company, provided that the request to perform these duties is made by the governing body of the city, borough, town, township or home rule municipality in which the event will be conducted, or when accidents, floods or any other emergencies require performance of traffic-control and crowd- control duties. The duties may be performed without prior request from the governing body until the arrival of proper State, city, borough, town, township or home rule municipality police authority and thereafter subject to direction of the police authority until the emergency no longer exists. A person functioning as special fire police and performing a duty under any of the conditions in this subsection shall be deemed to be performing the duties of his employment.
(b) Identification.
--Fire police performing the duties under this subchapter shall be identifiable by, at minimum, the wearing of a distinctive arm band, hat, uniform or insignia.
(c) Construction.
--Under no circumstances shall this subchapter be construed to grant special fire police the right to use firearms or other weapons in the exercise of special fire police powers granted by this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7436 - Power and authority in places other than where appointed

§ 7436. Power and authority in places other than where
appointed.
Whenever a volunteer fire company is in attendance on a fire or when the special fire police are on special duty as provided under this subchapter, the special fire police in a city, borough, town or township, other than the one in which the fire company is organized, shall have the same power and authority in another city, borough, town or township as they would have where they were appointed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 74 - Volunteer Firefighters › Section 7437 - Badge of authority and subordination

§ 7437. Badge of authority and subordination.
All special fire police when on duty shall display a badge of authority and shall be subject to the control of the chief of police, if any, of the city, borough, town or township in which they are serving, or, if none, of a member of the Pennsylvania State Police.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75 - Local Organizations and Services › Extra - Chapter Notes

Enactment.
Chapter 75 was added November 26, 1978, P.L.1332, No.323, effective immediately.
Enactment.
Chapter 75A was added July 23, 2020, P.L.670, No.69, effective immediately unless
            otherwise noted.
Cross References.
Chapter 75A is referred to in section 8153 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75 - Local Organizations and Services › Section 7503 - Powers and duties of political subdivisions

§ 7503. Powers and duties of political subdivisions.
Each political subdivision shall, either individually or pursuant to the provisions of the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, adopt an Intergovernmental Cooperation agreement with other political subdivisions to:
(1) Prepare, maintain and keep current a disaster emergency management plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan.
(2) Establish, equip and staff an emergency operations center, consolidated with warning and communication systems to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency functions.
(3) Provide individual and organizational training programs to insure prompt, efficient and effective disaster emergency services.
(4) Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.
(5) Adopt and implement precautionary measures to mitigate the anticipated effects of disaster.
(6) Execute and enforce such rules and orders as the agency shall adopt and promulgate under the authority of this part.
(7) Cooperate and coordinate with any public and private agency or entity in achieving any purpose of this part.
(8) Have available for inspection at its emergency operations center all emergency management plans, rules and orders of the Governor and the agency.
(9) Provide prompt and accurate information regarding local disaster emergencies to appropriate Commonwealth and local officials and agencies and the general public.
(10) Participate in all tests, drills and exercises, including remedial drills and exercises, scheduled by the agency or by the Federal Government.
(11) Participate in the program of integrated flood warning systems under section 7313(6) (relating to powers and duties).
(July 13, 1988, P.L.501, No.87, eff. imd.)
1988 Amendment.
Act 87 amended the intro. par. and added pars. (10) and (11).
References in Text.
The act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, referred to in the introductory paragraph, was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Title 53 (Municipalities Generally).
Cross References.
Section 7503 is referred to in section 7707 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75 - Local Organizations and Services › Section 7504 - Coordination, assistance and mutual aid

§ 7504. Coordination, assistance and mutual aid.
(a) Responsibility for direction and coordination.
-- Direction of disaster emergency management services is the responsibility of the lowest level of government affected. When two or more political subdivisions within a county are affected, the county organization shall exercise responsibility for coordination and support to the area of operations. When two or more counties are involved, coordination shall be provided by the agency or by area organizations established by the agency.
(b) Assistance from higher government unit.
--When all appropriate locally available forces and resources are fully committed by the affected political subdivision, assistance from a higher level of government shall be provided.
(c) Municipal mutual aid agreements.
--County and local coordinators of emergency management shall develop mutual aid agreements with adjacent political subdivisions for reciprocal emergency assistance. The agreements shall be consistent with the plans and programs of the agency. In disaster emergencies, requests for mutual aid assistance shall be referred to the organization having responsibility for coordination as specified in subsection (a) and in time of emergency it shall be the duty of each local organization to render assistance in accordance with the provisions of the mutual aid agreements.
(d) Interstate mutual aid arrangements.
--The coordinator of each local organization may, subject to approval of the Governor, enter into mutual aid arrangements with similar agencies or organizations in other states for reciprocal disaster emergency services.
(e) Ratification of agreements.
--Mutual aid agreements shall be ratified by the governing bodies of the political subdivisions involved.
(f) Control of outside support forces.
--Support forces furnished political subdivisions from outside its jurisdiction shall be under the operational control of the department, agency or office furnishing the force.
Cross References.
Section 7504 is referred to in section 7707 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75 - Local Organizations and Services › Section 7511 - Appropriations by political subdivisions

§ 7511. Appropriations by political subdivisions.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75 - Local Organizations and Services › Section 7512 - Law applicable to local organizations

§ 7512. Law applicable to local organizations.
(a) General rule.
--Where the jurisdiction of the local organization is coterminous with the political subdivision making an appropriation for the payment of the expenses, the local organization shall be deemed an agency, board or commission of the political subdivision, subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision.
(b) Second class townships.
--No purchase or purchases shall be made, no contract entered into and no expenses incurred by any local organization which involves the payment of more than $25 out of the treasury of any second class township unless the proposed expenditure has been approved in writing by the township supervisors. If any purchase or contract is made or other expenses incurred contrary to the provisions of this subsection, the township shall not be responsible for the payment thereof but the person acting for the local organization in the transaction shall be personally liable for the payment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75 - Local Organizations and Services › Section 7513 - Agreements among political subdivisions

§ 7513. Agreements among political subdivisions.
(a) General rule.
--Where a local organization has jurisdiction in an area including all or parts of more than one political subdivision which does not include the whole area of any county, the political subdivisions, all or part of which lie within the jurisdiction of the organization, shall, before paying any expenses of the organization, enter into an agreement designating one of the political subdivisions as the agent of each of them for the purpose of paying the expenses of the local organization. The agreement shall also set forth the proportionate share of the expenses of the organization to be paid by each political subdivision party to the agreement and an estimate of the amount required to be appropriated by each of them for the purpose of paying the expenses. The agreement shall be effective when approved by the corporate authorities of each of the political subdivisions by a majority vote and each of the subdivisions shall thereupon make an appropriation pursuant to section 7511 (relating to appropriations by political subdivisions) sufficient to pay its share of the expenses of the organization.
(b) Counties.
--Where the local organization has jurisdiction in an area including the whole area of one or more counties which is not coterminous with any one county, before paying any expenses of the organization, the counties, all or part of which lie within the jurisdiction of the organization, shall enter into an agreement in the manner and form provided in subsection (a) and with like effect, and no other political subdivision lying within the jurisdiction of the organization shall be a party to the agreement.
Cross References.
Section 7513 is referred to in sections 7511, 7515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75 - Local Organizations and Services › Section 7514 - Payments involving one political subdivision

§ 7514. Payments involving one political subdivision.
(a) General rule.
--All bills or claims to be paid from any appropriation made by a political subdivision coterminous with the local organization, after first being approved by the local organization or an appropriate officer thereof designated for that purpose, shall be paid from the treasury of the political subdivision only upon the warrant or order of the officer or officers of the political subdivision designated by law to approve or countersign warrants or orders for the payment of the ordinary expenses of the political subdivision, and shall be subject to audit in the same manner as other financial transactions of the political subdivision. In each case, the officer or officers shall have the same power to approve or disapprove as they have in case of warrants for ordinary expenses of the political subdivision, and no warrant or order for the payment thereof shall be issued without the approval.
(b) Gift or grant of money.
--Any gift or grant of money made to the local organization or to the political subdivision for the payment of expenses incurred or to be incurred by or for the organization shall be deposited in the treasury of the political subdivision and shall be appropriated by the political subdivision for the purpose for which the gift or grant was made, and any bills or claims to be paid from the gift or grant shall be paid in the manner provided in this subchapter for the payment of other bills and claims against the political subdivision.
Cross References.
Section 7514 is referred to in section 7515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Extra - Chapter Notes

Enactment.
Chapter 75A was added July 23, 2020, P.L.670, No.69, effective immediately unless
            otherwise noted.
Cross References.
Chapter 75A is referred to in section 8153 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A02 - Mental wellness and stress management guidelines

§ 75A02. Mental wellness and stress management guidelines.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A03 - Peer-to-peer support programs

§ 75A03. Peer-to-peer support programs.
(a) Establishment of peer-to-peer support programs.--
Notwithstanding any other provision of law, the secretary shall establish at least one regional peer-to-peer support service program within the service area of each of the department's regional or district offices located in this Commonwealth.
(b) Cooperative establishment.--
The secretary shall establish the peer-to-peer support programs in conjunction with cooperating officials and agencies and any other entities designated by the department.
(c) Access.--
The department shall, if possible, establish the peer-to-peer support programs in a manner that ensures access to a program by all emergency responders within this Commonwealth.
(d) Services.--
Services provided by a peer-to-peer support program shall include peer-to-peer support for all of the following:
(1) Mental health issues, including treatment and recovery support for post-traumatic stress injuries, traumatic brain injury and depression.
(2) Alcohol, substance abuse or chemical dependence treatment and recovery support, including treatment planning, recovery coaching and relapse prevention.
(3) Sexual abuse trauma.
(4) Workplace abuse.
(5) Co-occurring disorders.
(6) Any other support service which the department deems necessary.
(e) Critical incident stress management.--
The program shall incorporate critical incident stress management intervention.
Cross References.
Section 75A03 is referred to in sections 75A01, 75A04 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A04 - Trained peer support providers

§ 75A04. Trained peer support providers.
(a) Establishment.--
The department, in conjunction with cooperating officials and agencies, shall develop and establish guidelines for the recruitment and training of entities capable of providing peer-to-peer support under section 75A03 (relating to peer-to-peer support programs).
(b) Contents.--
The guidelines shall include the establishment of minimum qualifications as a trained peer support provider.
(c) Credentialing requirement.--
The department shall establish a clear credentialing requirement and a certificate evidencing a trained peer support provider's qualifications.
(d) Procedure.--
A procedure shall be established for the suspension or revocation of credentials.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A05 - Toll-free helpline

§ 75A05. Toll-free helpline.
(a) General rule.--
The department shall:
(1) Establish a toll-free helpline to respond to calls from emergency responders who have been involved in a critical incident or are dealing with mental wellness issues.
(2) Obtain the toll-free telephone number 866-1ST-HELP for such purposes. If the telephone number 866-1ST-HELP is not available, the department shall obtain a substantially similar telephone number acronym for such purposes.
(3) Permit persons to provide information anonymously, should they choose to do so.
(4) Ensure the confidentiality of the names of callers, information discussed during the call and any referrals for further services.
(b) Helpline operators.--
An operator of the helpline must be an individual adequately trained in identifying post-traumatic stress injuries and other emotional and psychological reactions common to emergency responders or capable of making an appropriate referral to either a peer-to-peer support program or a licensed behavioral health professional for further mental health evaluation or care.
(c) Posting.--
A sign shall be posted at all sites where emergency responders serve and shall:
(1) Be no smaller than 8 1/2 by 11 inches.
(2) Be posted in a conspicuous manner clearly visible to emergency responders.
(3) Include the following information:
(i) The toll-free telephone number, which must be printed in bold type and large font.
(ii) Notice that callers may provide information anonymously if they choose to do so.
(d) Online access to sign.--
The department and cooperating officials and agencies shall provide the sign on their respective publicly accessible Internet websites for any person to print as needed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A06 - Statewide Critical Incident Stress Management Program

§ 75A06. Statewide Critical Incident Stress Management Program.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A07 - Trauma and suicide awareness and impact training

§ 75A07. Trauma and suicide awareness and impact training.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A08 - Nonprofit organizations

§ 75A08. Nonprofit organizations.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 75A - Emergency Responder Mental Wellness and Stress Management › Section 75A10 - Confidential communications involving emergency responders

§ 75A10. Confidential communications involving emergency responders.
(a) Disclosure.--
Except as provided under subsection (b), a trained peer support provider or coparticipant present during peer support services or a helpline operator may not disclose any information regarding an emergency responder without the consent of the emergency responder.
(b) Exceptions.--
The privilege established under subsection (a) shall not apply if any of the following apply:
(1) The trained peer support provider or helpline operator reasonably believes a clear and present danger exists to the emergency responder or to other individuals.
(2) The emergency responder has given express consent to disclose information.
(3) The emergency responder is deceased and the surviving spouse or the executor or administrator of the estate of the deceased emergency responder has given express consent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 76 - Emergency Management Assistance Compact › Extra - Chapter Notes

Enactment.
Chapter 76 was added December 15, 1999, P.L.934, No.64, effective immediately.
Cross References.
Chapter 76 is referred to in section 7301 of this title; sections 508, 7309 of Title
            51 (Military Affairs).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 76 - Emergency Management Assistance Compact › Section 7604 - Budgetary considerations

§ 7604. Budgetary considerations.
(a) Expenditures.--
In addition to the funds which the Governor is authorized to transfer for disasters in accordance with 35 Pa.C.S. § 7307 (relating to use and appropriation of unused Commonwealth funds), the Governor may transfer any other appropriated but unused funds in an amount of not more than $15,000,000 in any fiscal year which may have been appropriated for the ordinary expenses of the Commonwealth government from the General Fund to be utilized for the purposes set forth in 35 Pa.C.S. § 7601 (relating to compact enacted). The Secretary of the Budget shall, within five days of a transfer of funds authorized under this section, notify the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives of such transfer. Such notification shall identify the amount transferred, the appropriation from which funds were transferred, the appropriation to which the funds were transferred and the justification for such transfer. The Secretary of the Budget shall provide a full accounting to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives after the close of each fiscal year concerning funds transferred pursuant to the provisions of this section.
(b) Reimbursements.--
(1) Reimbursement of all support provided to member states in accordance with the provisions of 35 Pa.C.S. § 7601 shall be secured by the Governor or the Governor's designee in consultation with the Secretary of the Budget.
(2) The Governor may accept on behalf of the Commonwealth all reimbursements for funds and services provided in accordance with the provisions of 35 Pa.C.S. § 7601. Reimbursements shall be deposited in the State Treasury and shall be allocated by the Secretary of the Budget to the agencies from which funds were transferred pursuant to subsection (a) of this section.
References in Text.
Section 7307, referred to in this section, is repealed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 77 - Miscellaneous Provisions › Section 7702 - Acceptance of services, gifts, grants and loans

§ 7702. Acceptance of services, gifts, grants and loans.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 77 - Miscellaneous Provisions › Section 7703 - Interstate arrangements

§ 7703. Interstate arrangements.
(a) General rule.
--Upon finding that a vulnerable area lies only partly within this Commonwealth and includes territory in another state or states or territory in a foreign jurisdiction and that it would be desirable to establish an interstate relationship, mutual aid or an area organization for disaster emergency services, the Governor shall take steps to that end as desirable.
(b) Negotiation and status of agreements.
--If this action is taken with jurisdictions that have enacted the Interstate Civil Defense and Disaster Compact, any resulting agreement or agreements may be considered supplemental agreements pursuant to Article 6 of that compact. If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subsection (a) have not enacted that compact, the Governor may negotiate special agreements with the jurisdiction or jurisdictions.
(c) Legislative approval of agreements.
--Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated to the General Assembly and provided that neither House of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within 30 days of its submission, whichever is longer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 77 - Miscellaneous Provisions › Section 7704 - Immunity from civil liability

§ 7704. Immunity from civil liability.
(a) General rule.--
Neither the Commonwealth, nor any Commonwealth agency, nor any political subdivision, nor, except in cases of willful misconduct, gross negligence, recklessness or bad faith, the agents, employees or representatives of any of them engaged in any emergency services activities, nor, except in cases of willful misconduct, gross negligence, recklessness or bad faith, any individual or other person under contract with them to provide equipment or work on a cost basis to be used in disaster relief, nor, except in cases of willful misconduct, gross negligence, recklessness or bad faith, any person, firm, corporation or an agent or employee of any of them engaged in emergency services activities, while complying with or attempting to comply with this part or any rule or regulation promulgated pursuant to the provisions of this part, shall be liable for the death of or any injury to persons or loss or damage to property as a result of that activity.
(a.1) Deployment protections.--
A person that or an agent or employee of an employer who is temporarily deployed by the Commonwealth or provides equipment for the purpose of emergency services activities in response to a mutual aid request by the agency shall be granted immunity under subsection (a), except in cases of willful misconduct, gross negligence, recklessness or bad faith, and shall not be liable for the death or injury to persons or for damage to or loss of property as a result of that activity. No immunity, rights or privileges shall be granted to persons under this subsection unless deployed by the Commonwealth in accordance with subsection (a.2).
(a.2) Deployment by the Commonwealth.--
The agency shall promulgate, adopt and enforce rules, regulations, standards, directives and orders as may be deemed necessary to carry out the provisions under subsection (a.1).
(b) Real estate owners.--
Any person, organization or authority owning or controlling real estate or other premises, who voluntarily and without compensation, grants a license or privilege or otherwise permits the designation or use of the whole or any part or parts of the real estate or premises for any emergency services purpose, shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of or injury to or loss or damage to the property of any person who is upon the real estate or other premises for that purpose.
(c) Other benefits unaffected.--
This section does not affect the right of any person to receive benefits to which he would otherwise be entitled under this part or under the workmen's compensation laws or under any pension law, nor the right of any person to receive any benefits or compensation under any Federal law.
(July 23, 2020, P.L.670, No.69, eff. imd.)
2020 Amendment.
Act 69 amended subsec. (a) and added subsecs. (a.1) and (a.2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 77 - Miscellaneous Provisions › Section 7705 - Special powers of local agencies

§ 7705. Special powers of local agencies.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 77 - Miscellaneous Provisions › Section 7706 - Compensation for accidental injury

§ 7706. Compensation for accidental injury.
(a) Benefits.
--All duly enrolled emergency management volunteers, and such other volunteers as the agency shall by regulation qualify, who are not eligible to receive benefits under the Workmen's Compensation Laws shall be entitled, except during a state of war or period of armed conflict within the continental limits of the United States, to the following benefits relating to injuries sustained while actually engaged in emergency management activities and services or in or en route to and from emergency management tests, drills, exercises or operations authorized by the Pennsylvania Emergency Management Agency and carried out in accordance with rules and orders promulgated and adopted by the agency:
(1) A sum of $20,000 for accidental injury directly causing or leading to death.
(2) A sum not exceeding $15,000 for reimbursement for medical and hospital expenses associated with accidental injury.
(3) Weekly payments of $200, not to exceed six months in duration, beginning on the eighth day of disability directly arising from accidental injury rendering the individual totally incapable of following his normal gainful pursuits.
(b) Source of funds.
--All benefits hereby authorized shall be paid out of funds appropriated to the agency. Payments shall be made on the basis of claims submitted to the agency through the Department of Labor and Industry in accordance with rules and orders promulgated and adopted by the agency. (July 13, 1988, P.L.501, No.87, eff. imd.)
1988 Amendment.
Act 87 amended subsec. (a).