reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52 - Patient Voluntary Nonopioid Directive › Section 5204 - Guidelines

§ 5204. Guidelines.
(a) Adoption of guidelines.--
The department shall adopt and publish guidelines for the implementation of the voluntary nonopioid directive form. The guidelines shall include, but not be limited to:
(1) A standard form for the recording and transmission of the voluntary nonopioid directive form, which shall include verification by the patient's practitioner and which shall comply with the written consent requirements of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 290dd-2(b)) and 42 CFR Pt. 2 (relating to confidentiality of alcohol and drug abuse patient records), provided that the voluntary nonopioid directive form shall also provide the basic procedures necessary to revoke the voluntary nonopioid directive form.
(2) Procedures to record the voluntary nonopioid directive form in the patient's medical record or, if available, the patient's interoperable electronic medical record and in the system.
(3) Requirements and procedures for a patient to appoint a duly authorized guardian or health care proxy to override a previously filed voluntary nonopioid directive form and circumstances under which an attending practitioner may override a previously filed voluntary nonopioid directive form based on documented medical judgment which shall be recorded in the patient's medical record.
(4) Procedures to ensure that any recording, sharing or distributing of data relative to the voluntary nonopioid directive form complies with all Federal and State confidentiality laws.
(5) Appropriate exemptions for practitioners and other health care providers and emergency medical personnel to prescribe or administer a controlled substance containing an opioid when, in their professional medical judgment, a controlled substance containing an opioid is necessary.
(b) Publication.--
The department shall publish the guidelines in the Pennsylvania Bulletin and on its publicly accessible Internet website.
(c) Written prescriptions.--
A written prescription that is presented at an outpatient pharmacy or a prescription that is electronically transmitted to an outpatient pharmacy shall be presumed to be valid for the purposes of this section, and a pharmacist in an outpatient setting shall not be held in violation of this section for dispensing a controlled substance containing an opioid or other controlled substance in contradiction to a voluntary nonopioid directive form, except upon evidence that the pharmacist acted knowingly against the voluntary nonopioid directive form.
Cross References.
Section 5204 is referred to in section 5205 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52 - Patient Voluntary Nonopioid Directive › Section 5205 - Exemption from liability

§ 5205. Exemption from liability.
(a) Practitioner exemption.--
No practitioner or employee of a practitioner acting in good faith shall be subject to criminal or civil liability or be considered to have engaged in unprofessional conduct for failing to offer or administer a prescription or medication order for a controlled substance containing an opioid under the voluntary nonopioid directive form.
(b) Representative exemption.--
No person acting as a representative or an agent under a health care proxy shall be subject to criminal or civil liability for making a decision under section 5204(a)(3) (relating to guidelines) in good faith.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52 - Patient Voluntary Nonopioid Directive › Section 5206 - Licensing boards

§ 5206. Licensing boards.
Notwithstanding any other provision of law or regulation, a licensing board may limit, condition or suspend the license of or assess a fine against a practitioner who recklessly or negligently fails to comply with a patient's voluntary nonopioid directive form.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52A - Prescribing Opioids to Minors › Section 52A01 - Definitions

§ 52A01. 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:
"Authorized adult."
An adult who has a valid health care proxy to consent to the minor's medical treatment.
"Bureau."
The Bureau of Professional and Occupational Affairs.
"Controlled substance."
A drug, substance or immediate precursor included in Schedules II, III, IV and V of section 4 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
"Licensing board."
A Commonwealth board which licenses, registers or certifies a prescriber.
"Medical emergency."
A situation which, in a prescriber's good faith professional judgment, creates an immediate threat of serious risk to the life or physical health of a minor.
"Minor."
An individual under 18 years of age. The term excludes an individual who is emancipated by:
(1) marrying;
(2) entering the armed forces of the United States;
(3) being employed and self-sustaining; or
(4) otherwise being independent from the care and control of the individual's parent, guardian or custodian.
"Opioid."
Any of the following:
(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects but is not derived from opium.
(3) A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including opioid agonist.
"Prescriber."
A person that is licensed, registered or otherwise authorized to distribute, dispense or administer a controlled substance, other drug or device in the course of professional practice or research in this Commonwealth. The term does not include a veterinarian.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52A - Prescribing Opioids to Minors › Section 52A02 - Administration

§ 52A02. Administration.
(a) Licensing boards.--
A licensing board shall administer this chapter as to prescribers under its jurisdiction.
(b) Bureau.--
(1) The bureau shall, in cooperation with the licensing boards, prescribe the form under section 52A04(a)(3) (relating to procedure).
(2) The bureau shall transmit notice of the availability of the form to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Cross References.
Section 52A02 is referred to in section 52A04 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52A - Prescribing Opioids to Minors › Section 52A03 - Prohibition

§ 52A03. Prohibition.
(a) Proscription.--
A prescriber may not do any of the following:
(1) Prescribe to a minor a controlled substance containing an opioid unless the prescriber complies with section 52A04 (relating to procedure).
(2) Except as set forth in subsection (b) and subject to section 52A04(c)(1), prescribe to a minor more than a seven-day supply of a controlled substance containing an opioid.
(b) Exception.--
Notwithstanding subsection (a)(1), a prescriber may prescribe to a minor more than a seven-day supply of a controlled substance containing an opioid if any of the following apply:
(1) In the professional medical judgment of the prescriber, more than a seven-day supply of a controlled substance containing an opioid is required to stabilize the minor's acute medical condition. In order for this paragraph to apply, the prescriber must:
(i) document the acute medical condition in the minor's record with the prescriber; and
(ii) indicate the reason why a non-opioid alternative is not appropriate to address the acute medical condition.
(2) The prescription is for:
(i) management of pain associated with cancer;
(ii) use in palliative or hospice care; or
(iii) management of chronic pain not associated with cancer.
Effective Date.
Section 2(2) of Act 125 of 2016 provided that section 52A03 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671.
Cross References.
Section 52A03 is referred to in section 52A04 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52A - Prescribing Opioids to Minors › Section 52A05 - Penalties

§ 52A05. Penalties.
A violation of this chapter subjects a prescriber to administrative sanctions by the prescriber's licensing board under the applicable statute.
Effective Date.
Section 2(2) of Act 125 of 2016 provided that section 52A05 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52B - Opioid Treatment Agreements › Section 52B01 - Definitions

§ 52B01. 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:
"Acute pain."
Pain that comes on quickly, may be severe, but lasts a relatively short time and is provoked by a specific condition or injury.
"Baseline test."
The initial assessment through a urine drug test to:
(1) identify the presence of an illegal substance prior to prescribing a controlled substance; or
(2) assess the presence or absence of a prescribed drug or drug class.
"Chronic pain."
Pain that persists or progresses over a period of time that may be related to another medical condition and is resistant to medical treatment. The term does not include acute pain.
"Controlled substance."
A drug, substance or immediate precursor included in Schedules II through V of section 4 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
"Definitive drug test."
A qualitative or quantitative urine drug test used to identify specific drugs, specific drug concentrations and associated metabolites.
"Department."
The Department of Health of the Commonwealth.
"Individual."
An individual who is at least 18 years of age.
"Medical emergency."
A situation that, in the good faith professional judgment of the prescriber, creates a time sensitive threat of serious risk to the life or physical health of a person. The term includes treatment received in an emergency department or urgent care center under the act of November 2, 2016 (P.L.976, No.122), known as the Safe Emergency Prescribing Act.
"Opioid."
Any of the following:
(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects but is not derived from opium.
(3) A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including an opioid agonist.
"Periodic test."
A urine drug test that screens for a selection of drugs.
"Prescriber."
As defined in the act of October 27, 2014 (P.L.2911, No.191), known as the Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act.
"Presumptive positive drug test."
A urine drug test that is used to identify suspected possible use or nonuse of drugs or a drug class that may be followed by a definitive test to specifically identify drugs or metabolites.
"Targeted test."
A urine drug test ordered at the discretion of a prescriber, based on observation of the prescriber and related circumstances that enhance clinical decision making.
"Treatment agreement."
A document signed by a prescriber and individual that contains a statement to ensure that the individual understands:
(1) Treatment responsibilities.
(2) The conditions of medication use.
(3) The conditions under which the treatment of the individual may be terminated.
(4) The responsibilities of the prescriber.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 52B - Opioid Treatment Agreements › Section 52B03 - Regulations

§ 52B03. Regulations.
(a) Promulgation.--
The department shall promulgate temporary regulations within 90 days of the effective date of this subsection. The temporary regulations shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(b) Expiration.--
The temporary regulations under subsection (a) shall expire on the promulgation of final-form regulations, or two years following the effective date of this section, whichever is later.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5304.1 - Pennsylvania State Police

§ 5304.1. Pennsylvania State Police.
(a) Powers and duties.--
The Commissioner of the Pennsylvania State Police, or the designee of the commissioner, shall have the following powers and duties in relation to a Pennsylvania State Police telecommunications facility:
(1) To designate, with specificity, which Pennsylvania State Police facilities shall be considered Pennsylvania State Police telecommunications facilities under this chapter.
(2) To designate a commander of a Pennsylvania State Police telecommunications facility, who shall serve as the point of contact with the agency and the counties and shall oversee the implementation, operation and maintenance of a Pennsylvania State Police telecommunications facility. A Pennsylvania State Police facility shall, where technologically feasible, be adequate to provide service to the designated area of coverage.
(3) To request authority to access ANI/ALI database information relating to 911 calls for emergency services from the counties and PSAPs within the designated area of coverage of a Pennsylvania State Police telecommunications facility. No county or PSAP shall be required to comply with such a request unless it is made by the Commissioner of the Pennsylvania State Police or the designee of the commissioner under section 5304(a)(8) (relating to counties).
(4) To provide training and certification for all call takers/dispatchers and call taker/dispatcher supervisors that meet or exceed the training and certification standards that are provided for in 4 Pa. Code Ch. 120c (relating to training and certification standards for 911 emergency communications personnel) or any successor standard.
(b) Ineligible reimbursement.--
The Pennsylvania State Police is not eligible to receive reimbursement from the fund, nor may the Pennsylvania State Police impose a tax, fee or surcharge upon subscribers or customers of any provider.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References.
Section 5304.1 is referred to in section 5304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5305 - 911 system plan

§ 5305. 911 system plan.
(a) Minimum standards.--
Upon the agreement of a county to establish a 911 system as a regional or single county PSAP, a plan shall be adopted that meets at least the standards promulgated by the agency. The county may obtain technical assistance from the agency in formulating its plan. Each 911 system plan shall be designed to meet the individual circumstances of each community and public agency participating in the 911 system. The plan shall consider efficiencies to be achieved from regionalization and consolidation and may include consideration of next generation 911 technology.
(b) Board review.--
(1) The board shall review each 911 system plan for completeness and may recommend the approval or disapproval of the plan to the agency.
(2) If the 911 system plan is recommended for disapproval by the board, the agency shall explain the deficiencies that caused the recommendation and may return the plan.
(c) Regional systems.--
Nothing in this chapter shall be construed to prohibit the formation of multijurisdictional or regional 911 systems.
(d) Council review.--
(Deleted by amendment).
(e) Commission review.--
(Deleted by amendment).
(f) Present systems.--
(Deleted by amendment).
(g) Regional systems.--
(Deleted by amendment).
(g.1) Contribution rate.--
(Deleted by amendment).
(h) Contribution rate changes.--
(Deleted by amendment).
(i) Assessment.--
(Deleted by amendment).
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References.
Section 5305 is referred to in section 5306.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5306 - Special public meeting (Deleted by amendment)

§ 5306. Special public meeting (Deleted by amendment).
2015 Amendment.
Section 5306 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5307 - Payment, collection and remittance of surcharge by providers of 911 communications services

§ 5307. Payment, collection and remittance of surcharge by providers of 911 communications services.
(a) Collection and remittance of surcharge.--
(1) Providers shall assess and collect the surcharge monthly from each subscriber and forward the collection quarterly less the actual uncollectibles to the State Treasurer for deposit in the fund.
(2) The surcharge shall be stated separately in the subscriber billing.
(3) (Deleted by amendment).
(b) Multiline telephone systems.--
In the case of Centrex or similar multiline telephone system subscribers, except PBX subscribers, the following multipliers shall be applied to determine the rate of the surcharge for each subscriber:
(1) For the first 25 lines, each line shall be assessed the surcharge.
(2) For lines 26 through 100, each line shall be assessed 75% of the surcharge.
(3) For lines 101 through 250, each line shall be assessed 50% of the surcharge.
(4) For lines 251 through 500, each line shall be assessed 20% of the surcharge.
(5) For lines 501 or more, each line shall be assessed 17.2% of the surcharge.
(6) As of August 1, 2015, for each digital transmission link, including primary rate interface service or Digital Signal-1 (DS-1) level service, or equivalent, that can be channelized and split into 23 or 24 voice-grade or data-grade channels for voice communications, that when the digits 9-1-1 are dialed provides the subscriber access to a PSAP through permissible interconnection to the dedicated 911 system, a subscriber's assessments shall be increased to 23 surcharges per transmission link.
(7) Each VoIP provider shall collect the uniform 911 surcharge for the number of VoIP service lines for which the VoIP provider has enabled the capacity for simultaneous outbound calls regardless of actual usage.
(8) Each VoIP provider that remits the surcharge shall certify the accuracy of the remittance annually as required using agency procedures and forms.
(c) Applicability.--
The provisions of this section shall not apply to sellers or consumers of prepaid wireless telecommunications service.
(d) Reimbursement to municipalities.--
(Deleted by amendment).
(e) Collection enforcement.--
(Deleted by amendment).
(f) Prohibition against release of information.--
(Deleted by amendment).
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References.
Section 5307 is referred to in section 5306.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5308 - Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment)

§ 5308. Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).
2015 Amendment.
Section 5308 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5309 - Telephone records

§ 5309. Telephone records.
(a) Access.--
A telephone service supplier shall provide customer telephone numbers, names and service addresses to PSAPs when requested by them for use in responding to 911 calls and for the synchronization of required geographic information system (GIS) database layers for geospatial call routing with the master street address guide, the ALI data and site and structure locations and, when required, to providers of emergency notification services and emergency support services, solely for the purposes of delivering or assisting in the delivery of emergency notification services and emergency support services. A wireless provider shall provide the telephone number and geographical location of the wireless device, as required under the FCC E-911 Order, to PSAPs when requested by them for use in responding to 911 calls. Customer telephone numbers, names and service addresses, and telephone numbers and geographical locations of wireless devices, shall remain the property of the disclosing service supplier. The total cost of the 911 system shall include expenses to reimburse telephone service suppliers for providing and maintaining 911 information. A telephone service supplier shall not be reimbursed directly from the fund for providing and maintaining 911 information. This information shall be used only in providing emergency response services to a 911 call, synchronizing master street address guide, ALI and GIS data sets or for purposes of delivering or assisting in the delivery of emergency notification services or emergency support services. A person who uses or discloses ANI/ALI database information for purposes other than providing emergency response services to a 911 call, delivering or assisting in the delivery of emergency notification services commits a misdemeanor of the third degree.
(b) Privacy waived.--
Private listing service customers in a 911 service district shall waive the privacy afforded by nonlisted and nonpublished numbers with respect to the delivery of emergency services.
(c) Immunity.--
(Deleted by amendment).
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)
2019 Amendment.
Act 17 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5310 - Penalty

§ 5310. Penalty.
(a) Communications with 911 systems.--
A person who intentionally calls the 911 emergency number for other than emergency purposes commits a misdemeanor of the third degree.
(b) Information disclosure.--
A person commits a misdemeanor of the third degree if the person does any of the following:
(1) Uses or discloses database information for wireless service, VoIP service, other emergency communications service or next generation 911 service or future technology providing the same or similar functionality for purposes other than handling a call to a 911 system, or a system used for other emergency communications service, next generation 911 service or future technology providing the same or similar functionality, without consent of the subscriber or consumer as otherwise provided by applicable Federal or State law.
(2) Knowingly uses the telephone number or database information of a 911 system, other emergency communications service, next generation 911 service, future technology providing the same or similar functionality or VoIP service to avoid any charges for the services of a provider.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.1 - Immunity

§ 5311.1. Immunity.
(a) Local government.--
A 911 system or a wireless E-911 system run by county and local governments shall be a local agency which shall enjoy local governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties).
(b) Entities.--
The following shall not be liable for an act or omission to a person who directly or indirectly uses a 911 emergency service or provides information to 911 systems under this section except for willful or wanton misconduct:
(1) A 911 system.
(2) A 911 service provider.
(3) A provider or communication service provider, including a provider of Next Generation 911 technology.
(4) An officer, director, employee, vendor or agent of an entity listed under paragraphs (1), (2) and (3).
(c) Applicability.--
The immunity under subsection (b) shall apply to the following:
(1) The release to PSAPs, providers of emergency notification services or providers of emergency support services of information authorized under this chapter, including nonpublished telephone numbers.
(2) The release to the Federal Communications Commission, the public utility commission, the board or any Federal or Commonwealth agency with the authority to regulate the provision of telecommunications services of telephone company information specified in this section that is not already part of public records, including information regarding the number of liens served by an individual company, except for nonpublic information regarding the company's individual customer names, addresses and telephone numbers.
(3) Interruptions, omissions, defects, errors, mistakes or delays in transmission occurring in the course of the delivery of 911 emergency services and other emergency services, including next generation 911 services under this chapter, unless the interruptions, omissions, defects, errors, mistakes or delays are caused by the willful or wanton misconduct of a person listed under subsection (b).
(4) Any other matter relating to the provision of 911 communications service or a 911 system.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References. Section 5311.1 is referred to in section 5307.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.2 - Powers and duties of agency (Deleted by amendment)

§ 5311.2. Powers and duties of agency (Deleted by amendment).
2015 Amendment.
Section 5311.2 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.3 - Advisory committee (Deleted by amendment)

§ 5311.3. Advisory committee (Deleted by amendment).
2015 Amendment.
Section 5311.3 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.4 - Wireless E-911 Emergency Services Fund (Deleted by amendment)

§ 5311.4. Wireless E-911 Emergency Services Fund (Deleted by amendment).
2015 Amendment.
Section 5311.4 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.5 - Disbursement of fund amounts by agency (Deleted by amendment)

§ 5311.5. Disbursement of fund amounts by agency (Deleted by amendment).
2015 Amendment.
Section 5311.5 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.6 - Reporting (Deleted by amendment)

§ 5311.6. Reporting (Deleted by amendment).
2015 Amendment.
Section 5311.6 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.7 - Prohibition against release of information

§ 5311.7. Prohibition against release of information.
(a) Annual report of agency.--
The annual report of the agency shall be a public document.
(b) Prohibition against release of information.--
The State Treasurer, agency, board, employee, agent or representative of a PSAP or public agency shall not divulge any information acquired with respect to any provider, revenues, expenses, trade secrets, commercial information and other proprietary information. Any information acquired shall be kept confidential except that aggregations of information that do not effectively identify numbers of consumers or subscribers, revenues or expenses, trade secrets, commercial information and other proprietary information attributable to any provider may be made public.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.8 - Wireless provider and VoIP provider records (Deleted by amendment)

§ 5311.8. Wireless provider and VoIP provider records (Deleted by amendment).
2015 Amendment.
Section 5311.8 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.9 - Immunity (Deleted by amendment)

§ 5311.9. Immunity (Deleted by amendment).
2015 Amendment.
Section 5311.9 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.10 - Agency funding for wireless E-911 support (Deleted by amendment)

§ 5311.10. Agency funding for wireless E-911 support (Deleted by amendment).
2015 Amendment.
Section 5311.10 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.11 - Rate regulation

§ 5311.11. Rate regulation.
Nothing in this chapter shall be construed to constitute the regulation of the rates charged by providers for any service or feature which they provide to their subscribers or customers or to prohibit charges to a subscriber or customer for any service provided to a subscriber or customer.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.12 - Regulations (Deleted by amendment)

§ 5311.12. Regulations (Deleted by amendment).
2015 Amendment.
Section 5311.12 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.13 - Enforcement (Deleted by amendment)

§ 5311.13. Enforcement (Deleted by amendment).
2015 Amendment.
Section 5311.13 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.14 - Collection and disbursement of VoIP 911 fee (Deleted by amendment)

§ 5311.14. Collection and disbursement of VoIP 911 fee (Deleted by amendment).
2015 Amendment.
Section 5311.14 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.15 - Shared residential MLTS service

§ 5311.15. Shared residential MLTS service.
Operators of shared residential MLTS serving residential customers shall ensure that a telecommunications system, at least six months after the effective date of this section, is connected to the public switched telephone network such that calls to 911 result in one distinctive ANI and ALI for each living unit.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.15.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.16 - Business MLTS

§ 5311.16. Business MLTS.
(a) General rule.--
For an MLTS serving business locations at least six months after the effective date of this section, the MLTS operator shall deliver the 911 call with an ELIN which shall result in one of the following:
(1) An ERL which provides, at a minimum, the building and floor location of a caller.
(2) An ability to direct response through an alternative and adequate means of signaling by the establishment of a private 911 emergency answering point.
(b) Reasonable effort.--
The MLTS manager must make a reasonable effort to ensure that 911 callers are aware of the proper procedures for calling for emergency assistance.
(c) Exceptions.--
Workspaces with less than 7,000 square feet on a single level, and located on a single contiguous property, are not required to provide more than one ERL, and key telephone systems are not required to provide more than one ERL.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.16.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.17 - Shared communications services

§ 5311.17. Shared communications services.
Providers of shared communications services installed at least six months after the effective date of this section shall assure that the MLTS is connected to the public switched telephone network such that calls to 911 from any telephone result in ALI for each respective ERL of each entity sharing the telecommunications services.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.17.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.18 - Temporary residence

§ 5311.18. Temporary residence.
Businesses providing MLTS service to a temporary residence shall permit the dialing of 911, and the MLTS operator shall ensure that the MLTS is connected to the public switched telephone network. If PBX or other private switch ALI records are not provided for each individual station, the MLTS operator of the temporary residence shall provide specific location information for the caller to the PSAP.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.18.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.19 - Local notification

§ 5311.19. Local notification.
In addition to any other requirement of this chapter, applicable to its type of MLTS service, an MLTS operator:
(1) Shall implement local notifications if operating an MLTS service installed after the effective date of this section.
(2) May implement local notification if operating an MLTS service installed before the effective date of this section.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.19.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.20 - ALI database maintenance

§ 5311.20. ALI database maintenance.
If applicable, MLTS operators must arrange to update the ALI database with an appropriate master street address guide valid address and call-back information for each MLTS telephone, such that the location information specifies the ERL of the caller. These updates must be downloaded or otherwise made available to the ALI database provider as soon as practicable for a new MLTS installation, or within one business day of record completion of the actual changes for MLTS installed before the effective date of this section. The information is subject to all Federal and State privacy and confidentiality laws. The MLTS operator shall audit accuracy of information contained in the ALI database at least once annually.
(June 29, 2015, P.L.36, No.12, eff. 180 days)
2015 Amendment.
Act 12 added section 5311.20.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.21 - Industry standards

§ 5311.21. Industry standards.
Local exchange carriers and providers shall be responsible for providing 911 call interconnectivity through the use of generally accepted industry standards.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.21.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.22 - Dialing instructions

§ 5311.22. Dialing instructions.
An owner or operator of a multiline telephone system installed after the effective date of this section shall ensure that the system is connected to the public switched telephone network in such a manner that when a user dials 911, the emergency call connects directly to the appropriate 911 system:
(1) without first dialing any numbers or set of numbers; and
(2) without being intercepted by a switchboard operator, attendant or other designated onsite individual.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.22.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.23 - MLTS signaling

§ 5311.23. MLTS signaling.
An MLTS shall support 911 calling by using any generally accepted industry standard signaling protocol designed to produce an automatic display of caller information on the video terminal of the PSAP call taker unless the MLTS operator is exempt or a waiver has been granted.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.23.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.24 - MLTS operator education

§ 5311.24. MLTS operator education.
Each public agency providing 911 educational programs is encouraged to develop a program to educate MLTS operators related to accessing 911 emergency telephone systems and coordinate adequate testing of the MLTS interface to the 911 system.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.24.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5311.25 - Limitation of liability

§ 5311.25. Limitation of liability.
A local exchange carrier, Internet service provider, manufacturer or provider of MLTS, MLTS manager, MLTS operator or 911 service provider shall not be liable for civil damages or penalties as a result of any act or omission, except willful or wanton misconduct, in connection with developing, adopting, operating or implementing any plan or system required under this chapter.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5311.25.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5312.1 - Legislative study (Repealed)

§ 5312.1. Legislative study (Repealed).
2015 Repeal.
Section 5312.1 was repealed June 29, 2015, P.L.36, No.12, effective August 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5313 - Legislative report

§ 5313. Legislative report.
Within two years of the effective date of this section, the agency, in consultation with the board, shall prepare and submit to the General Assembly a report and recommendations on the impacts of current and anticipated technological and market changes on the provision of 911 communications service, including:
(1) the structure and adequacy of the surcharge and fund provided for under this chapter;
(2) other local revenue options to support 911 services; and
(3) any benefits that could be derived from dispatching all 911 calls from county PSAPs.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment.
Act 12 added section 5313.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5314 - Inventory

§ 5314. Inventory.
(a) Comprehensive inventory required.--
The agency, in consultation with the board, shall maintain and update on a biennial basis a comprehensive inventory of each county PSAP's facilities, hardware, software, communications infrastructure, network capabilities and related equipment and services procured to determine the status of each PSAP's 911 system's stage of advancement to NG911.
(b) Contents.--
The inventory shall include, but is not limited to:
(1) A record of databases, networks, radio, telephone and equipment and correlated networks at each PSAP.
(2) A record of all data systems, including, but not limited to, call and dispatch and record management systems.
(3) Equipment/network system geographic limitations and capabilities.
(4) A record of equipment or facilities that are or can be shared or collocated.
(5) A record of all leased equipment and date of each lease termination date.
(c) Counties to cooperate.--
Counties shall cooperate with the agency by providing the information identified in this section and other information deemed necessary by the agency to complete an inventory as required under subsection (a). Counties that do not provide the information requested by the agency within 45 days of the request shall be suspended from any grant or funding program or be required to forfeit fund disbursements.
(June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.)
2019 Amendment.
Act 17 amended subsecs. (a) and (c).
2015 Amendment.
Act 12 added section 5314.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5398 - Termination (Repealed)

§ 5398. Termination (Repealed).
2023 Repeal.
Section 5398 was repealed December 13, 2023, P.L.251, No.34, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 53 - 911 Emergency Communication Services › Section 5399 - Prohibited release of information

§ 5399. Prohibited release of information.
(a) Prohibition.--
Notwithstanding any other law, in a response to a request under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, a PSAP may not release individual identifying information of an individual calling a 911 center, victim or witness.
(b) Applicability.--
This section shall not apply if the PSAP or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.
(c) Definition.--
As used in this section, the term "identifying information" includes name, telephone number and home address. The term does not include:
(1) The location of the incident, unless the location is the caller's, victim's or witness's home address or the disclosure of the location would compromise the identity of the caller, victim or witness.
(2) The street block identifier, the cross street or the mile marker nearest the scene of the incident, which shall be public.
(May 24, 2016, P.L.228, No.30, eff. 60 days)
2016 Amendment.
Act 30 added section 5399.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 54 - Cancer Trial Access for Pennsylvania Patients › Section 5403 - Definitions

§ 5403. 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:
"Cancer clinical trials."
Research studies that test new cancer treatments on people, including chemotherapies, stem cell therapies and other new treatments.
"Department."
The Department of Health of the Commonwealth.
"IEC."
An Independent Ethics Review Committee that is an appropriately constituted group formally established in accordance with applicable United States Food and Drug Administration regulations or outside the United States by other equivalent and applicable international regulations and guidelines in order to review and monitor biomedical research involving human subjects, and specifically having the authority to approve or disapprove research or to require modifications in research to secure approval.
"Inducement."
Paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial.
"IRB."
An Institutional Review Board that is an appropriately constituted group formally established in accordance with applicable United States Food and Drug Administration regulations or outside the United States by other equivalent and applicable international regulations and guidelines in order to review and monitor biomedical research involving human subjects, and specifically having the authority to approve or disapprove research or to require modifications in research to secure approval.
"Patient-subject."
A person participating in a cancer clinical trial.
"Third-party reimbursement entity."
A third-party nonprofit corporation or public charity that specializes in assisting cancer patients and increasing enrollment, retention and minority participation in cancer clinical trials.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 55 - Epinephrine Auto-injector Entities › Section 5502 - Definitions

§ 5502. 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:
"Administer."
The direct application of an epinephrine auto-injector to the body of an individual.
"Authorized entity."
Any entity or organization, other than a school entity or a nonpublic school under section 1414.2 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, which has an employee or agent who has completed the required training and at which allergens capable of causing anaphylaxis may be present, including, but not limited to:
(1) recreation camps;
(2) colleges and universities;
(3) day-care facilities;
(4) youth sports leagues;
(5) amusement parks;
(6) restaurants;
(7) places of employment;
(8) sports arenas; and
(9) law enforcement agencies.
"Department."
The Department of Health of the Commonwealth.
"Epinephrine auto-injector."
A single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
"Health care practitioner."
An individual who is authorized to practice some component of the healing arts by a license, permit, certificate or registration issued by a Commonwealth licensing agency or board.
"Law enforcement agency."
The Pennsylvania State Police or a police department of a city, borough, incorporated town or township.