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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79 - Disaster Emergency Assistance › Section 7931 - Powers and duties of agency

§ 7931. Powers and duties of agency.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Extra - Chapter Notes

Enactment.
Chapter 79A was added November 21, 2016, P.L.1509, No.172, effective in 60 days.
Cross References.
Subchapter C is referred to in section 79A32 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A02 - Purpose

§ 79A02. Purpose.
The purpose of this chapter is to authorize municipalities to enact a tax credit against an active volunteer's tax liability as a financial incentive to:
(1) Acknowledge the value and the absence of any public cost for volunteer fire protection and nonprofit emergency medical services provided by active volunteers.
(2) Encourage individuals to volunteer or for former volunteers to consider rejoining as active volunteers in a volunteer fire company or nonprofit emergency medical services agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A03 - Definitions

§ 79A03. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Active volunteer."
A volunteer for a volunteer fire company or nonprofit emergency medical services agency who has complied with the requirements of the volunteer service credit program and who is certified under section 79A23 (relating to certification).
"Commissioner."
The State Fire Commissioner of the Commonwealth.
"Earned income tax."
A tax on earned income and net profits levied under Chapter 3 of the Local Tax Enabling Act.
"Governing body."
A governing body of a county, city council, borough council, incorporated town council, board of township commissioners, board of township supervisors, governing body of a school district, governing council of a home rule municipality or optional plan municipality or a governing council of any similar purpose government which may be created by statute after the effective date of this section and which has adopted a tax credit under this chapter.
"Individual."
A volunteer.
"Local Tax Enabling Act."
The act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.
"Municipality."
Any county, city, borough, incorporated town, township, home rule municipality, optional plan municipality, optional charter municipality, similar general purpose unit of government which may be created or authorized by statute or any school district.
"Nonprofit emergency medical services agency."
An emergency medical services agency as defined in section 8103 (relating to definitions) and chartered as a nonprofit corporation.
"Tax credit."
The tax credit granted under section 79A11 (relating to program authorization) or 79A13 (relating to real property tax credit).
"Volunteer."
A member of a volunteer fire company or a nonprofit emergency medical services agency.
"Volunteer fire company."
A nonprofit chartered corporation, association or organization located in this Commonwealth that provides fire protection services and may offer other voluntary emergency services within this Commonwealth.
"Volunteer service credit program."
The program established under section 79A21 (relating to volunteer service credit program) to determine the active status of a volunteer.
(Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
2020 Amendment.
Act 91 amended the defs. of "governing body" and "municipality."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A11 - Program authorization

§ 79A11. Program authorization.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A12 - Claim

§ 79A12. Claim.
(a) Eligibility.--
An individual who satisfies all of the following criteria may claim a tax credit established under this chapter:
(1) The individual is subject to a tax of a municipality that has established a tax credit under this chapter.
(2) The individual is certified under section 79A23 (relating to certification).
(b) Return.--
An active volunteer may claim a tax credit provided for under this chapter when filing a joint return. The tax return form shall provide a mechanism for separating the liability of an individual for any earned income tax imposed by the school district of residence from the liability of an individual for any earned income tax imposed by the municipality.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A13 - Real property tax credit

§ 79A13. Real property tax credit.
The governing body of a municipality may provide, by ordinance or resolution, for a tax credit against real property tax to be granted to an active volunteer. The tax credit shall apply to tax levied on residential real property owned and occupied by an active volunteer who is certified under section 79A23 (relating to certification). The amount of the tax credit authorized by an ordinance or resolution may not exceed 100% of the tax liability of the active volunteer.
(Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
Cross References.
Section 79A13 is referred to in section 79A03 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A14 - Limitations

§ 79A14. Limitations.
A tax credit established under this chapter may be used against the active volunteer's tax liability for the current taxable year and every year thereafter. The tax credit established under this chapter shall remain in effect until the governing body of the municipality repeals the tax credit.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A21 - Volunteer service credit program

§ 79A21. Volunteer service credit program.
(a) Establishment.--
The governing body may establish a volunteer service credit program that establishes the annual requirements for the certification of a volunteer in active service at a volunteer fire company or a nonprofit emergency medical services agency.
(b) Activities.--
The volunteer service credit program shall consider the following activities in determining credit toward a certification of active service:
(1) The number of emergency calls to which a volunteer responds.
(2) The level of training and participation in formal training and drills for a volunteer.
(3) The total amount of time expended by a volunteer on administrative and other support services, including fundraising and facility or equipment maintenance.
(4) The involvement in other events or projects that aid the financial viability, emergency response or operational readiness of a volunteer fire company or a nonprofit emergency medical services agency.
(c) Guidelines.--
The governing body shall, with the advice of the chief of a volunteer fire company and the supervisor or chief of a nonprofit emergency medical services agency or their designees, adopt guidelines, including forms and applications, necessary to implement this section.
(d) Eligibility list.--
A notarized list of eligible active volunteers shall be submitted to the governing body, no later than 45 days before tax notices are to be distributed, by the following:
(1) The chief of a volunteer fire company, where applicable.
(2) The supervisor or chief of a nonprofit emergency medical services agency, where applicable.
Cross References.
Section 79A21 is referred to in section 79A03 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A22 - Service record

§ 79A22. Service record.
(a) Log.--
The chief of a volunteer fire company or the supervisor or chief of a nonprofit emergency medical services agency or their designees shall establish and maintain a service log that documents the activities of each volunteer that qualify for credit toward active service under the volunteer service credit program and the calculation of the total credits earned for each volunteer in the volunteer fire company or nonprofit emergency medical services agency.
(b) Review.--
Service logs established and maintained by volunteer fire companies or nonprofit emergency medical services agencies shall be subject to periodic review by the commissioner, the Auditor General, the governing body where the volunteer fire company or nonprofit emergency medical services agency is located and the governing body where the volunteer fire company or nonprofit emergency medical services agency provides services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A23 - Certification

§ 79A23. Certification.
(a) Self-certification.--
The active volunteer shall sign and submit an application for certification to the chief of the volunteer fire company or the supervisor or chief of the nonprofit emergency medical services agency where the volunteer serves.
(b) Injured volunteer.--
An active volunteer who was injured during a response to an emergency call and can no longer serve as an active volunteer because of the injury and who would otherwise be eligible for a tax credit shall be eligible for the tax credit for the succeeding five tax years.
(c) Local sign-off.--
The chief and another officer of the volunteer fire company and the supervisor or chief and another officer of the nonprofit emergency medical services agency shall sign the application attesting to the individual's status as an active volunteer or that the individual can no longer serve as an active volunteer due to injury. The application shall then be forwarded to the municipality, as appropriate, for final review and processing.
Cross References.
Section 79A23 is referred to in sections 79A03, 79A12, 79A13 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A24 - Rejection and appeal

§ 79A24. Rejection and appeal.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A31 - Penalties for false reporting

§ 79A31. Penalties for false reporting.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A32 - Intergovernmental cooperation

§ 79A32. Intergovernmental cooperation.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79A - Incentives for Municipal Volunteers of Fire Companies and Nonprofit Emergency Medical Services Agencies › Section 79A33 - Duties of State Fire Commissioner

§ 79A33. Duties of State Fire Commissioner.
The State Fire Commissioner shall:
(1) Establish guidelines for municipalities, volunteer fire companies and nonprofit EMS agencies regarding the tax credit and post the guidelines online.
(2) Require municipalities and entities under this section to notify the State Fire Commissioner of the adoption of a tax credit.
(3) Provide an annual report on the tax credit authorized under this chapter to the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives which shall include:
(i) Each municipality that provides the tax credit.
(ii) The amount of the tax credit.
(Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
2020 Amendment.
Act 91 added section 79A33.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Extra - Chapter Notes

Enactment.
Chapter 79B was added November 3, 2022, P.L.1674, No.104, effective immediately.
Cross References.
Subchapter B is referred to in section 79B01 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B01 - Definitions

§ 79B01. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Active volunteer."
A volunteer for a volunteer organization who satisfies the eligibility criteria under section 79B12(a) (relating to eligibility), receives a certificate of eligibility and complies with the requirements of the program.
"Agency."
The Pennsylvania Higher Education Assistance Agency.
"Approved institution of higher learning."
An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency.
"Approved program of education."
A degree-granting or certificate-granting curriculum, course of study or training program required for entrance into a specific career to be pursued on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning.
"Certificate of eligibility."
A certificate issued by the agency under section 79B12(b) that certifies that an active volunteer satisfies the eligibility criteria under section 79B12(a).
"Emergency medical services agency."
As defined in section 8103 (relating to definitions).
"Fund."
The Active Volunteer Tuition and Loan Assistance Program Fund established under section 79B21(a) (relating to Active Volunteer Tuition and Loan Assistance Program Fund).
"Program."
The Active Volunteer Tuition and Loan Assistance Program established under section 79B11 (relating to establishment).
"Qualified applicant."
An active volunteer who qualifies for tuition or loan assistance under Subchapter B (relating to Active Volunteer Tuition and Loan Assistance Program).
"Tuition or loan assistance."
Reimbursement provided by the agency for tuition or loans under the program or in a form of loan forgiveness.
"Volunteer fire company."
A nonprofit chartered corporation, association or organization located in this Commonwealth that provides fire protection services and may offer other voluntary emergency services within this Commonwealth.
"Volunteer organization."
A volunteer fire company or emergency medical services agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B11 - Establishment

§ 79B11. Establishment.
The Active Volunteer Tuition and Loan Assistance Program is established within the agency to provide tuition or loan assistance to active volunteers with volunteer organizations who are students at approved institutions of higher learning.
Cross References.
Section 79B11 is referred to in section 79B01 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B12 - Eligibility

§ 79B12. Eligibility.
(a) Criteria.--
Upon submitting an application to participate in the program in accordance with the agency's regulations, rules or guidelines under section 79B22 (relating to regulations), an individual shall be eligible to receive tuition or loan assistance if the individual satisfies all of the following eligibility criteria:
(1) Is a resident of this Commonwealth.
(2) Is an active volunteer.
(3) Has participated in not less than 30% or, if the individual was enrolled as a student in a high school or in an approved program of education at an approved institution of higher learning within the one-year period before the individual submitted an application to the agency for tuition or loan assistance, not less than 15% of a volunteer organization's activities within the one-year period before the individual submitted an application to the agency for tuition or loan assistance. The activities may include, but not be limited to, training, drills, emergency response calls, administrative and operational support, fundraising or other events and projects that aid the financial viability of the volunteer organization.
(4) Has enrolled as a student in an approved program of education at an approved institution of higher learning after the effective date of this section.
(5) Accepts an obligation to serve as an active volunteer with a volunteer organization for at least one year prior to enrolling in an approved program of education and at least five years after completing an approved program of education.
(6) Has signed a promissory note obligating the individual to repay the full amount of tuition or loan assistance received by the individual if the individual fails to satisfy the requirements under the program.
(7) Is in good standing with the volunteer organization for which the individual is an active volunteer.
(b) Certificate.--
The agency shall issue a certificate of eligibility to an individual who satisfies the eligibility criteria under subsection (a).
Cross References.
Section 79B12 is referred to in section 79B01 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B13 - Tuition or loan assistance

§ 79B13. Tuition or loan assistance.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B14 - Promissory note

§ 79B14. Promissory note.
Before participating in the program, an individual must sign a promissory note obligating the individual to repay the full amount of the tuition or loan assistance received by the individual if the individual fails to satisfy the requirements under the program as specified under section 79B17 (relating to recoupment of tuition or loan assistance payments).
Cross References.
Section 79B14 is referred to in section 79B17 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B15 - Amount of tuition or loan payments

§ 79B15. Amount of tuition or loan payments.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B16 - Limitation on tuition or loan assistance

§ 79B16. Limitation on tuition or loan assistance.
An eligible student may not receive tuition or loan assistance for a total of more than five academic years or an equivalent amount of time as determined by the agency. Tuition or loan assistance must be used within seven years of graduation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B17 - Recoupment of tuition or loan assistance payments

§ 79B17. Recoupment of tuition or loan assistance payments.
(a) Noncompliance.--
An individual who fails to satisfy the requirements under the program shall be liable to the Commonwealth for the full amount of tuition or loan assistance received by the individual, unless the failure and inability to do so is a result of an injury while responding to an emergency as an active volunteer that prevents the individual from complying with the requirements under the program. The promissory note under section 79B14 (relating to promissory note) shall be repaid by the individual upon demand by the agency on a schedule as the agency may determine.
(b) Notice.--
A volunteer organization shall notify the agency if an active volunteer fails to satisfy the volunteer requirements under the program.
Cross References.
Section 79B17 is referred to in section 79B14 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B18 - Service records

§ 79B18. Service records.
(a) Logs.--
For the purpose of ensuring compliance with the requirements under the program, the chief of a volunteer fire company or the supervisor or chief of an emergency medical services agency or their designees shall establish and maintain a service log that documents the services provided by an active volunteer participating in the program, including a calculation of the amount of time the active volunteer conducts activities with the volunteer organization.
(b) Review.--
Service logs under subsection (a) shall be subject to periodic review by the agency and the Department of the Auditor General for the purpose of ensuring compliance with the requirements under this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B19 - Verification of active volunteer status

§ 79B19. Verification of active volunteer status.
(a) Self-certification.--
An individual shall sign and submit an application to the chief of a volunteer fire company or the supervisor or chief of the emergency medical services agency to attest that the individual is an active volunteer.
(b) Injured volunteer.--
Notwithstanding the volunteer requirements under the program, an individual who was injured while responding to an emergency as an active volunteer who can no longer serve as an active volunteer because of the injury and who would otherwise be eligible for the program shall be eligible to participate in the program for five years from the date of the injury if able to do so or under subsection (a) or (b), as appropriate.
(c) Local sign-off.--
The chief and another officer of the volunteer fire company and the supervisor or chief and another officer of the emergency medical services agency shall sign the application attesting that the individual is an active volunteer under subsection (a) or that the individual can no longer serve as an active volunteer due to injury under subsection (b). The application shall then be forwarded to the agency for final review and processing.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B20 - Administrative costs

§ 79B20. Administrative costs.
The administrative costs of the program for the fiscal year beginning July 1, 2022, and each fiscal year thereafter shall not exceed 3.5% of the total amount of money appropriated to the agency to implement the program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B21 - Active Volunteer Tuition and Loan Assistance Program Fund

§ 79B21. Active Volunteer Tuition and Loan Assistance Program Fund.
(a) Establishment.--
The Active Volunteer Tuition and Loan Assistance Program Fund is established as a nonlapsing restricted receipts account in the State Treasury in accordance with the money transferred under 3 Pa.C.S. § 1113(a)(3) (relating to disposition of certain funds).
(b) Appropriation.--
Money deposited or transferred into the fund, including any accrued interest, is appropriated to the agency on a continuing basis to implement the program.
(c) Administrative actions.--
An administrative action may not prevent the deposit or transfer of money into the fund.
(d) Use.--
Money in the fund may only be used to implement the program. Money in the fund may not be diverted for any other purpose by administrative action.
Cross References.
Section 79B21 is referred to in section 79B01 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 79B - Tuition and Loan Assistance for Active Volunteers › Section 79B22 - Regulations

§ 79B22. Regulations.
The agency shall promulgate regulations and establish rules or guidelines to administer this subchapter.
Cross References.
Section 79B22 is referred to in section 79B12 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Extra - Chapter Notes

Enactment.
Chapter 81 was added August 18, 2009, P.L.308, No.37, effective in 180 days unless
            otherwise noted. Under the provisions of 1 Pa.C.S. § 1105, Chapter 81 was renumbered
            from Chapter 72 October 22, 2009.
Cross References.
Chapter 81 is referred to in section 7802 of this title; section 1902 of Title 75
            (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8102 - Declaration of policy

§ 8102. Declaration of policy.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8107.2 - Submission of list

§ 8107.2. Submission of list.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8107.4 - Notification of trauma center closure

§ 8107.4. Notification of trauma center closure.
A hospital that receives funds under section 8107.3 (relating to funding) shall notify the department, the foundation and the Department of Human Services of its intent to cease operation of its trauma center no later than 60 days prior to closure of that trauma center.
(July 2, 2019, P.L.359, No.54, eff. imd.)
2019 Amendment.
Act 54 added section 8107.4. See section 5 of Act 54 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8107.5 - Reporting

§ 8107.5. Reporting.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8107.6 - Certification and financial report

§ 8107.6. Certification and financial report.
(a) Certification.--
Before funds are provided, a trauma center qualifying for funds under section 8107.3 (relating to funding) shall certify that the funds are intended to be used for developing and providing for the availability of and access to trauma care for patients.
(b) Report.--
Each trauma center that receives funds under section 8107.3 shall report to the Department of Human Services the following:
(1) An expenditure report six months after the end of the fiscal year accounting for how the funds were spent.
(2) The amount received and the number of individuals served.
(3) How funds received through section 8107.3 improved access to trauma care for patients.
(July 2, 2019, P.L.359, No.54, eff. imd.)
2019 Amendment.
Act 54 added section 8107.6. See section 5 of Act 54 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8108 - State Advisory Board

§ 8108. State Advisory Board.
(a) Designation and composition.
--The board shall be composed of volunteer, professional and paraprofessional organizations involved in EMS. The board shall be geographically representative of the provider organizations that represent EMS providers, firefighters, regional EMS councils, physicians, hospital administrators and other health care providers concerned with EMS. The board may be composed of up to 30 organizations. Each organization that is a member of the Pennsylvania Emergency Health Services Council and is elected to serve as a member on the board shall have one vote on the board.
(b) Duties.
--The duties of the board shall be to:
(1) Elect officers.
(2) Advise the department concerning manpower and training, communications, EMS agencies, content of regulations, standards and policies promulgated by the department under this chapter and other subjects deemed appropriate by the department.
(3) Serve as the forum for discussion on the content of the Statewide EMS system plan, or any proposed revisions thereto, and advise the department as to the content of the plan.
(c) Open meetings.
--Meetings of the board shall be held in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).
(d) Terms.
--A voting member of the board shall serve a three-year term. A voting member shall not serve more than two consecutive terms.
(e) Quorum.
--A simple majority of the voting members of the board shall constitute a quorum for the transaction of business.
(f) Compensation.
--Members of the board shall serve without compensation, except the Pennsylvania Emergency Health Services Council, through its contract or grant with the department, may pay necessary and reasonable expenses incurred by members of the board while performing their official duties.
(g) Contracts and grants.
--The department shall contract with or provide a grant to the board for performance of its work under subsection (b). Contracts and grants between the department and the board for the performance of work other than under subsection (b) shall be subject to section 8112 (relating to contracts and grants) where applicable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8111 - Comprehensive plan

§ 8111. Comprehensive plan.
(a) Preparation.--
(1) The department, with the assistance of the board, shall prepare a Statewide EMS system plan, which plan shall include both short-range and long-range goals and objectives, and shall make the plan available to the General Assembly and all concerned agencies, entities and individuals.
(2) A regional EMS system plan, upon approval of the department, shall:
(i) Become part of the Statewide EMS system plan.
(ii) Include for the EMS region the same types of information that subsection (b) requires for the Statewide plan.
(b) Contents.--
At a minimum, the Statewide plan shall contain:
(1) An inventory of EMS resources available within this Commonwealth.
(2) An assessment of the effectiveness of the existing EMS system and a determination of the need for changes to the EMS system.
(3) Performance measures for delivery of EMS to all persons in this Commonwealth.
(4) Methods to be used in achieving the stated performance measures.
(5) A schedule for achievement of the stated performance measures.
(6) A method for monitoring and evaluating whether the stated performance measures are being achieved.
(7) Estimated costs for achieving the stated performance measures.
(c) Revisions.--
(1) The department shall collect and analyze EMS data for the purpose of:
(i) Revising the Statewide EMS system plan, including determining the status of the Statewide EMS system, the degree of compliance with the requirements of this chapter and the effectiveness of EMS systems in reducing morbidity and mortality associated with medical emergencies.
(ii) Planning future EMS system initiatives.
(2) Persons regulated by the department under this chapter and dispatchers of EMS agencies shall provide data, without charge, as reasonably requested by the department and regional EMS councils, to aid them in developing and revising Statewide and regional EMS system plans and in conducting investigations under this chapter as authorized by the department.
(d) Annual reports.--
The department shall annually publish comprehensive and specific reports of activity and plan implementation.
(e) Use of Statewide plan.--
(1) The department shall use the Statewide plan for contract and grant purposes as set forth in section 8112(a) (relating to contracts and grants).
(2) Nothing in the Statewide plan shall be construed to vest the department with any regulatory authority.
Cross References.
Section 8111 is referred to in section 8105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8115 - Emergency medical technicians

§ 8115. Emergency medical technicians.
(a) Scope of practice.--
An EMT performs basic EMS skills involving basic interventions and equipment found on an EMS vehicle as follows:
(1) For an EMS agency as a member of the crew of an ambulance.
(2) For an EMS agency as a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital setting until an ambulance arrives and then may assist the ambulance crew.
(3) As a first aid or safety officer, or in a similar capacity, for or independent of an EMS agency, as prescribed by regulation of the department.
(4) For an EMS agency in another capacity authorized by regulation of the department.
(b) Certification.--
The department shall certify as an EMT an individual who meets all of the following:
(1) Is at least 16 years of age.
(2) Has successfully completed an EMT training course which:
(i) teaches basic EMS; and
(ii) is approved by the department.
(3) Has a current certificate evidencing successful completion of a CPR course acceptable to the department.
(4) Has passed an EMT skills practical examination approved by the department.
(5) Has passed a written EMT certification examination approved by the department.
(c) Triennial registration.--
An EMT's certification is deemed registered for three years after issuance. An EMT must register the EMT certification at three-year intervals by completing an application for triennial registration on a form or through an electronic process, as prescribed by the department. The following shall apply:
(1) The department shall issue a triennial registration of an EMT certification to an EMT who meets all of the following:
(i) Has a current registration and applies for a new registration no later than:
(A) 30 days before the current registration is to expire; or
(B) a lesser time established by regulation of the department.
(ii) Successfully:
(A) completes EMT triennial registration practical skills and written knowledge examinations approved by the department; or
(B) secures continuing education credits for EMT triennial registration as required by the department in continuing education programs approved by the department.
(2) An EMT whose registration of an EMT certification has expired must qualify for a triennial registration of the certification as prescribed by regulation of the department.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8115 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8118 - Prehospital registered nurses

§ 8118. Prehospital registered nurses.
(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.