Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Change of address. An EMS provider, an EMSVO and an applicant
for EMS provider or EMSVO certification shall ensure that the Department has a
current address at which the person can be reached by mail. This applies to an
EMS provider and an EMSVO whether or not that person maintains current
registration of the EMS provider or EMSVO certification.
(b)
Reports of criminal convictions,
discipline and exclusions.
(1) An
applicant for EMS provider or EMSVO certification shall report to the
Department, on a form or through an electronic process, as prescribed by the
Department, misdemeanor, felony and other criminal convictions that are not
summary or equivalent offenses and disciplinary sanctions that have been
imposed upon a license, certification or other authorization of the applicant
to practice an occupation or profession. An applicant for an EMSVO
certification shall also report to the Department any other conviction of an
offense involving reckless driving or driving under the influence of alcohol or
drugs. An applicant for an EMSVO certification shall also report to the
Department a driver's license suspension due to the use of drugs or alcohol or
from a moving traffic violation. The applicant shall also arrange for the
custodian of the criminal charging, judgment and sentencing document for each
conviction and the custodian of an adjudication or other document imposing
discipline against the applicant to provide the Department with a certified
copy of those records. If the applicant has not been sentenced on a criminal
conviction at the time of making application for certification, the applicant
shall inform the Department and then arrange, within 5 days after the applicant
is sentenced, for the custodian of the sentencing document to provide the
Department with a certified copy of that document. If, after making application
for EMS provider certification, but before the Department acts upon an
application, the applicant is convicted of a reportable offense or has
discipline imposed upon a license, certification or other authorization to
practice an occupation or profession, the applicant shall report that
information to the Department immediately in the manner prescribed in the
application form.
(2) An applicant
for EMS provider certification shall report to the Department, on a form or
through an electronic process, as prescribed by the Department, an exclusion
from a Federal or State health care program of the applicant, or of an entity
in which the applicant had equity or capital, stock or profits equal to at
least 5% of the value of the property or assets of the entity at the time of
the exclusion. The applicant shall also provide the Department with a certified
copy of the document by which the applicant is excluded from the health care
program. A health care program is a program in which the State or Federal
government serves as a payor for health care services, such as the Medicare and
Medicaid programs. If, after making application for EMS provider certification,
but before the Department acts upon an application, there is an exclusion from
a Federal or State health care program that is reportable under this paragraph,
the applicant shall report that information to the Department immediately in
the manner prescribed in the application form.
(3) The Department will not act upon an
application for certification that reports information under paragraph (1) or
(2) until it receives a certified copy of each document that is required to be
provided under those paragraphs, unless the applicant establishes that the
document from which a certified copy would be made does not exist.
(4) An EMS provider and an EMSVO shall report
the same type of information and arrange for the same documents to be provided
to the Department, as required under paragraphs (1) and (2), within 30 days
after each conviction, discipline and exclusion. This applies to an EMS
provider and an EMSVO whether or not the person maintains current registration
of the EMS provider's or EMSVO's certification.
(c)
Certification
examinations.
(1) An applicant for
EMS provider certification shall take the required certification examinations
within 1 year after completing the education required for the EMS provider
certification.
(2) Except as
otherwise provided in this section, a person who fails a written or practical
skills certification examination may repeat the failed examination without
retaking a passed certification examination.
(3) A person who fails a written
certification examination three times shall complete a refresher course
approved by the Department or repeat the education required for the EMS
provider certification before retaking a written certification
examination.
(4) A person who fails
a practical skills certification examination three times shall complete a
remedial course approved by the Department or repeat the education required for
the EMS provider certification before retaking a practical skills certification
examination.
(5) A person who
either fails an EMS provider certification examination six times or does not
pass all required EMS provider certification examinations within 2 years after
completing the EMS provider education required for the EMS provider
certification may not receive credit for an examination previously passed. If
that person elects to continue to pursue EMS provider certification, that
person will be required to repeat the EMS provider education program and take
the EMS provider certification examinations in accordance with paragraphs
(1)-(4).
(6) If the standards a
person needs to satisfy to take a certification examination change after the
person has failed the examination, the person may not retake the examination
unless the person meets the new standards.
(d)
Exceptions to certification
registration requirements for members of armed forces. An EMS provider
or EMSVO who returns from active military service and who had a certification
registration expire during a tour of duty or will have a certification
registration expire within 12 months after returning from active military
service may secure an exception to the certification registration requirements
as follows:
(1) An EMS provider who chooses to
secure registration of the EMS provider's certification by satisfying
continuing education requirements may apply for an exception to the period of
time in which the EMS provider was required or would be required to satisfy the
continuing education requirements, and the Department will grant the EMS
provider an extended period of time to satisfy those requirements as the
Department deems appropriate under the circumstances. If the EMS provider is
certified at an AEMT level or higher, before the EMS provider may begin work
for an EMS agency without a current registration, the EMS provider needs to be
approved by the EMS agency's medical director, under §
1023.1(a)(1)(viii)
(relating to EMS agency medical director) as
having current competency in the knowledge and skills required to provide the
level of EMS the EMS agency intends to assign to the EMS provider.
(2) An EMS provider who chooses to secure
registration of the EMS provider's certification by satisfying continuing
education requirements may ask the Department to endorse the EMS provider's
relevant military training as satisfying some or all of the continuing
education requirements.
(3) An
EMSVO may apply for an exception to the period of time in which the EMSVO was
required or would be required to satisfy the continuing education requirements,
and the Department will grant the EMSVO an extended period of time to satisfy
those requirements as the Department deems appropriate under the circumstances.
An EMSVO may also ask the Department to endorse the EMSVO's relevant military
training as satisfying some or all of the continuing education
requirements.
(e)
Lapse of registration.
(1)
An EMS provider who does not secure a new registration of an EMS provider
certification before a registration expires may secure a new registration
within 2 years after the registration expires by completing a registration form
or through an electronic process, as prescribed by the Department, if the
information provided establishes that the EMS provider has passed the written
certification registration examination as well as the clinical patient care and
other core continuing education requirements that would have been needed to
timely secure the registration by satisfying the continuing education
requirements for registering the certification.
(2) An EMS provider who does not secure a new
registration of an EMS provider certification before a registration expires may
secure a new registration more than 2 years after the registration expires by
completing a registration form or through an electronic process, as prescribed
by the Department, if the information provided establishes that the EMS
provider has passed both the written and practical skills certification
registration examinations and the clinical patient care and other core
continuing education requirements for each registration of a certification that
was missed.
(3) The paramedic
certification registration examinations are the certification registration
examinations for a PHPE, a PHRN or a PHP who seeks to register a certification
after the registration of that certification lapses.
(4) A registration secured under this
subsection will expire when the registration would have expired if past
registrations would have been secured on a timely basis.
(f)
Authority derived from protocols
and medical command. An EMS provider shall provide EMS for an EMS
agency within the EMS provider's scope of practice and, other than a PHP, under
Statewide and regional EMS protocols and medical command.
(g)
Downgraded certification or
practice. An EMS provider who is certified at or above the AEMT level
who chooses not to practice at that level or who is not permitted to practice
at that level for an EMS agency by its EMS agency medical director under §
1023.1(a)(1)(vi) or
(vii) and §
1027.3(m)
(relating to licensure and general operating standards) has the following
options with respect to EMS provider certification and registration of that
certification:
(1) Upon expiration of the
biennial registration period, the EMS provider may choose to maintain EMS
provider certification at the EMS provider's current certification level, in
which case the EMS provider would need to satisfy the requirements for the
registration of that EMS provider certification to renew registration of that
certification.
(2) Prior to or upon
expiration of the registration period, the EMS provider may choose to
transition to a lower level EMS provider certification than the EMS provider's
current certification level, in which case the EMS provider would need to
satisfy the requirements for the registration of that EMS provider
certification to secure registration of that lower level EMS provider
certification. If the EMS provider satisfies the registration requirements for
that lower level of EMS provider certification, the Department will issue the
EMS provider an EMS provider certification at that level, which will be deemed
registered for 3 years or 2 years, depending upon the level of
certification.
(3) When providing
EMS, an EMS provider who transitions to a lower level EMS provider
certification may not display a higher level insignia, patch, registration card
or other indicia of the EMS provider's certification at the higher EMS provider
level.
(4) An EMS provider who, for
any period of time, has been precluded from practicing for an EMS agency at the
EMS provider's certification level under §
1027.3(m) shall
report the action to other EMS agencies for which the EMS provider is providing
or seeks to provide EMS and to all regional EMS councils having responsibility
for the EMS regions in which those EMS agencies are headquartered.
(5) An EMS provider who transitions to a
lower level EMS provider certification may later renew registration of the EMS
provider's certification at the higher level by satisfying the requirements in
subsection (e).
(h)
Identification. If an EMS provider is asked to provide proof
of authority to practice as an EMS provider when the EMS provider is providing
EMS, or an EMSVO is asked to provide proof of authority to operate a ground EMS
vehicle when the EMSVO is operating a ground EMS vehicle, the EMS provider or
EMSVO shall present a card or certificate issued by the Department that shows
current registration of the EMS provider's or EMSVO's certification.
(i)
Interaction with law enforcement
officers.
(1) If a law enforcement
officer is at the scene of a police incident when an EMS provider arrives, the
EMS provider may not enter the scene to provide EMS if the law enforcement
officer so directs until the law enforcement officer advises that it is safe
for the EMS provider to enter.
(2)
An EMS provider shall have access to a patient at a police incident scene
before the patient is removed from the scene by or at the direction of a law
enforcement officer.
(3) If, under
a medical treatment protocol or medical command, an EMS provider is required to
transport to a receiving facility a patient whom a law enforcement officer has
taken or wants to take into custody or whom the law enforcement officer
believes needs to be spoken to immediately by the law enforcement officer, the
EMS provider shall transport the patient to a receiving facility by ambulance.
The EMS provider and EMSVO shall allow the law enforcement officer to accompany
the patient in the ambulance if the law enforcement officer so chooses and may
not interfere with the law enforcement officer employing security precautions
deemed necessary by the law enforcement officer to ensure the safety of the
officer and others. A law enforcement officer is not permitted to implement
security precautions that unreasonably interfere with the provision of EMS to
the patient.
This section cited in 28 Pa. Code §
1023.22 (relating to EMS vehicle
operator); 28 Pa. Code §
1023.24 (relating to emergency
medical responder); 28 Pa. Code §
1023.25 (relating to emergency
medical technician); 28 Pa. Code §
1023.26 (relating to advanced
emergency medical technician); 28 Pa. Code §
1023.27 (relating to paramedic);
28 Pa. Code §
1023.28 (relating to prehospital
registered nurse); 28 Pa. Code §
1023.29 (relating to prehospital
physician extender); 28 Pa. Code §
1023.30 (relating to prehospital
EMS physician); 28 Pa. Code §
1025.1 (relating to accreditation
and operational requirements of EMS educational institutes); 28 Pa. Code §
1027.2 (relating to license and
registration applications); 28 Pa. Code §
1027.3 (relating to licensure and
general operating standards); 28 Pa. Code §
1027.14 (relating to management
companies); and 52 Pa. Code §29.503 (relating to age
restrictions).
