PRIOR PRINTER'S NOS. 81, 1073 PRINTER'S NO. 1483
No. 96 Session of 2001
INTRODUCED BY FLEAGLE, NICKOL, MUNDY, CLARK, MANDERINO, VANCE,
L. I. COHEN, BELFANTI, T. STEVENSON, BEBKO-JONES, MARSICO,
FRANKEL, B. SMITH, BELARDI, RUBLEY, MAITLAND, DALEY, HERSHEY,
CAPPABIANCA, GEIST, HALUSKA, M. BAKER, STERN, CORRIGAN,
TIGUE, SCRIMENTI, SHANER, MAYERNIK, BARRAR, BASTIAN,
BENNINGHOFF, CLYMER, DAILEY, FAIRCHILD, HENNESSEY, JADLOWIEC,
R. MILLER, S. MILLER, NAILOR, PHILLIPS, SATHER, SOLOBAY,
STABACK, WILT, ZUG, BROWNE, SEMMEL, STEELMAN, McCALL AND
BOYES, JANUARY 23, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 3, 2001
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for THE <--
3 FAMILY EXEMPTIONS AND FOR advance directives for health care
4 definitions and emergency medical services; and providing for
5 out-of-hospital nonresuscitation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "declarant" in section 5403 of <--
9 Title 20 of the Pennsylvania Consolidated Statutes is amended to
10 read:
11 SECTION 1. SECTION 3121 OF TITLE 20 OF THE PENNSYLVANIA <--
12 CONSOLIDATED STATUTES IS AMENDED TO READ:
13 § 3121. WHEN ALLOWABLE.
14 (A) GENERAL RULE.--THE SPOUSE OF ANY DECEDENT DYING
15 DOMICILED IN THE COMMONWEALTH, AND IF THERE BE NO SPOUSE, OR IF
1 HE HAS FORFEITED HIS RIGHTS, THEN SUCH CHILDREN AS ARE MEMBERS
2 OF THE SAME HOUSEHOLD AS THE DECEDENT, AND IN THE EVENT THERE
3 ARE NO SUCH CHILDREN, THEN THE PARENT OR PARENTS OF THE DECEDENT
4 WHO ARE MEMBERS OF THE SAME HOUSEHOLD AS THE DECEDENT, MAY
5 RETAIN OR CLAIM AS AN EXEMPTION EITHER REAL OR PERSONAL
6 PROPERTY, OR BOTH, NOT THERETOFORE SOLD BY THE PERSONAL
7 REPRESENTATIVE, TO THE VALUE OF $3,500: PROVIDED, THAT PROPERTY
8 SPECIFICALLY DEVISED OR BEQUEATHED BY THE DECEDENT, OR OTHERWISE
9 SPECIFICALLY DISPOSED OF BY HIM, MAY NOT BE SO RETAINED OR
10 CLAIMED IF OTHER ASSETS ARE AVAILABLE FOR THE EXEMPTION. THE
11 SURVIVING HUSBAND OR WIFE SHALL BE A COMPETENT WITNESS AS TO ALL
12 MATTERS PERTINENT TO THE ISSUE OF FORFEITURE OF THE RIGHT TO
13 EXEMPTION.
14 (B) ADDITIONAL EXEMPTION AMOUNT.--IN ADDITION TO THE FAMILY
15 EXEMPTION AMOUNT PROVIDED FOR IN SUBSECTION (A), THERE SHALL BE
16 AN EXEMPTION OF $2,000 IF THE DECEDENT EXECUTED AN ANATOMICAL
17 GIFT OF ALL OR PART OF HIS OR HER BODY.
18 SECTION 1.1. THE DEFINITION OF "DECLARANT" IN SECTION 5403
19 OF TITLE 20 IS AMENDED TO READ:
20 § 5403. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 * * *
25 "Declarant." A person who makes a declaration in accordance
26 with this chapter. The term includes an emancipated minor.
27 * * *
28 Section 2. Section 5413 of Title 20 is amended to read:
29 § 5413. Emergency medical services.
30 [(a) Care given prior to declaration taking effect.--Nothing
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1 in this chapter shall be construed to make the provisions of a
2 declaration apply to care given to a patient by emergency
3 medical services personnel prior to the declaration's becoming
4 operative under sections 5405 (relating to when declaration
5 becomes operative) and 5408 (relating to duty of physician to
6 confirm terminal condition).
7 (b) Care given after declaration takes effect.--The
8 provisions of a declaration shall apply to care given to a
9 patient by emergency medical services personnel after the
10 declaration becomes operative under sections 5405 and 5408 only
11 if:
12 (1) an original declaration, signed by the declarant or
13 other authorized person, is presented to the emergency
14 medical services personnel. The emergency medical services
15 personnel must immediately notify the medical command
16 physician of the presence of the declaration; or
17 (2) the medical command physician, based on prior
18 notification by the attending physician or other health care
19 provider that a valid and operative declaration exists,
20 directs the emergency medical service personnel according to
21 the provisions of the declaration.
22 (c) Uncertainty regarding validity of declaration.--
23 Emergency medical services personnel confronted with any
24 conflicting information regarding the patient's wishes for life-
25 sustaining treatment shall act according to the accepted
26 treatment protocols and standards appropriate to their level of
27 certification.]
28 (a) General rule.--An emergency medical services provider
29 shall, in the course of providing care to a declarant, at all
30 times comply with the instructions of an authorized medical
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1 command physician to withhold or discontinue cardiopulmonary
2 resuscitation.
3 (b) Applicability.--This section is applicable only in those
4 instances where an out-of-hospital DNR order is not in effect
5 under section 5404-A(a) (relating to orders, bracelets and
6 necklaces).
7 Section 3. Title 20 is amended by adding a chapter to read:
8 CHAPTER 54-A
9 OUT-OF-HOSPITAL NONRESUSCITATION
10 Sec.
11 5401-A. Short title of chapter.
12 5402-A. Legislative findings and intent.
13 5403-A. Definitions.
14 5404-A. Orders, bracelets and necklaces.
15 5405-A. Revocation.
16 5406-A. Liability.
17 5407-A. Effect on suicide and life insurance.
18 5408-A. Order optional.
19 5409-A. Preservation of existing rights.
20 5410-A. Emergency medical services.
21 5411-A. Pregnancy.
22 5412-A. Penalties.
23 5413-A. Severability.
24 § 5401-A. Short title of chapter.
25 This chapter shall be known and may be cited as the Do-Not-
26 Resuscitate Act.
27 § 5402-A. Legislative findings and intent.
28 The General Assembly finds and declares as follows:
29 (1) Although cardiopulmonary resuscitation has saved the
30 lives of individuals about to experience sudden, unexpected
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1 death, present medical data indicates that cardiopulmonary
2 resuscitation rarely leads to prolonged survival in
3 individuals with terminal illnesses in whom death is
4 expected.
5 (2) In many circumstances, the performance of
6 cardiopulmonary resuscitation may cause infliction of
7 unwanted and unnecessary pain and suffering.
8 (3) Existing emergency medical services protocols may
9 require emergency medical services personnel to proceed to
10 cardiopulmonary resuscitation when an individual is found in
11 a cardiac or respiratory arrest even if the individual has
12 completed a living will or advance directive indicating that
13 the individual does not wish to receive cardiopulmonary
14 resuscitation.
15 (4) The administration of cardiopulmonary resuscitation
16 by emergency medical services personnel to an individual with
17 an out-of-hospital do-not-resuscitate order offends the
18 dignity of the individual and conflicts with standards of
19 accepted medical practice.
20 (5) This chapter provides clear direction to emergency
21 medical services personnel and other health care providers in
22 regard to the performance of cardiopulmonary resuscitation.
23 (6) Nothing in this chapter is intended to condone,
24 authorize or approve mercy killing, euthanasia or aided
25 suicide or to permit any affirmative or deliberate act or
26 omission to end life other than as defined in this chapter.
27 § 5403-A. Definitions.
28 The following words and phrases when used in this chapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Attending physician." The physician who has primary
2 responsibility for the treatment and care of the patient.
3 "Bracelet." An out-of-hospital do-not-resuscitate bracelet.
4 "Cardiopulmonary resuscitation." Cardiac compression,
5 invasive airway techniques, artificial ventilation,
6 defibrillation and other related procedures.
7 "Declarant." As defined in section 5403 (relating to
8 definitions).
9 "Declaration." As defined in section 5403 (relating to
10 definitions).
11 "Department." The Department of Health of the Commonwealth.
12 "DNR." Do not resuscitate.
13 "Emergency medical services provider." A health care
14 provider recognized under the act of July 3, 1985 (P.L.164,
15 No.45), known as the Emergency Medical Services Act. The term
16 includes those individuals recognized under 42 Pa.C.S. § 8331.2
17 (relating to good Samaritan civil immunity for use of automated
18 external defibrillator).
19 "EMS." Emergency medical services.
20 "Health care provider." A person who is licensed or
21 certified by the laws of this Commonwealth to administer health
22 care in the ordinary course of business or practice of a
23 profession. The term includes personnel recognized under the act
24 of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical
25 Services Act. The term includes those individuals recognized
26 under 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil
27 immunity for use of automated external defibrillator).
28 "Incompetent." The lack of sufficient capacity for a person
29 to make or communicate decisions concerning himself.
30 "Invasive airway technique." Any advanced airway technique,
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1 including endotracheal intubation.
2 "Life-sustaining treatment." Any medical procedure or
3 intervention that, when administered to a patient, will serve
4 only to prolong the process of dying or to maintain the patient
5 in a state of permanent unconsciousness. Life-sustaining
6 treatment shall include nutrition and hydration administered by
7 gastric tube or intravenously or any other artificial or
8 invasive means if the order of the patient so specifically
9 provides.
10 "Medical command physician." A licensed physician who is
11 authorized to give medical command under the act of July 3, 1985
12 (P.L.164, No.45), known as the Emergency Medical Services Act.
13 "Necklace." An out-of-hospital do-not-resuscitate necklace.
14 "Order." An out-of-hospital do-not-resuscitate order.
15 "Out-of-hospital do-not-resuscitate bracelet." A bracelet in
16 the standard format set forth in section 5404-A (relating to
17 orders, bracelets and necklaces), supplied by the department and
18 issued by the attending physician, which may be worn, at the
19 patient's option, to notify emergency medical services providers
20 of the presence of an order.
21 "Out-of-hospital do-not-resuscitate necklace." A necklace in
22 the standard format set forth in section 5404-A (relating to
23 orders, bracelets and necklaces), supplied by the department and
24 issued by the attending physician, which may be worn, at the
25 patient's option, to notify emergency medical services providers
26 of the presence of an order.
27 "Out-of-hospital do-not-resuscitate order." An order in the
28 standard format set forth in section 5404-A (relating to orders,
29 bracelets and necklaces), supplied by the department and issued
30 by the attending physician, directing emergency medical services
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1 providers to withhold cardiopulmonary resuscitation from the
2 patient in the event of respiratory or cardiac arrest.
3 "Out-of-hospital do-not-resuscitate patient." Any of the
4 following:
5 (1) An individual:
6 (i) who is in a terminal condition; and
7 (ii) who, pursuant to section 5404-A(a) (relating to
8 orders, bracelets and necklaces), possesses and in any
9 manner displays or causes to be displayed for emergency
10 medical services providers an apparently valid order,
11 bracelet or necklace.
12 (2) A declarant:
13 (i) whose declaration has become operative under
14 section 5405(2) (relating to when declaration becomes
15 operative); and
16 (ii) who, pursuant to section 5404-A(a), possesses
17 and in any manner displays or causes to be displayed for
18 emergency medical services providers an apparently valid
19 order, bracelet or necklace.
20 "Patient." An out-of-hospital do-not-resuscitate patient.
21 "Permanently unconscious." A medical condition that has been
22 diagnosed in accordance with currently accepted medical
23 standards and with reasonable medical certainty as total and
24 irreversible loss of consciousness and capacity for interaction
25 with the environment. The term includes, without limitation, a
26 persistent vegetative state or irreversible coma.
27 "Person." An individual, corporation, partnership,
28 association or Federal, State or local government or
29 governmental agency.
30 "Terminal condition." An incurable and irreversible medical
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1 condition in an advanced state caused by injury, disease or
2 physical illness which will, in the opinion of the attending
3 physician, to a reasonable degree of medical certainty, result
4 in death regardless of the continued application of life-
5 sustaining treatment.
6 § 5404-A. Orders, bracelets and necklaces.
7 (a) Issuance.--An attending physician, upon the request of
8 an individual who is at least 18 years of age, has graduated
9 from high school or has married, or the individual's surrogate
10 if the surrogate is so authorized, shall issue to the individual
11 an order, and may issue at the request of the patient or the
12 patient's surrogate a bracelet or necklace supplied by the
13 department. The patient may, at the patient's option, wear the
14 bracelet or display the order or necklace to notify emergency
15 medical services providers of the patient's do-not-resuscitate
16 status.
17 (b) Format of order.--The department shall, with the advice
18 of the Pennsylvania Emergency Health Services Council and with
19 the assistance of the regional emergency medical services
20 councils, make available within 180 days of the effective date
21 of this subsection standard orders for issuance to patients by
22 attending physicians of this Commonwealth. The form of the order
23 shall contain, but not be limited to, the following:
24 PENNSYLVANIA OUT-OF-HOSPITAL
25 DO-NOT-RESUSCITATE ORDER
26 Patient's full legal name:
27 I, the undersigned, state that I am the attending
28 physician of the patient named above. The above-named
29 patient has requested this order and I have made the
30 determination that this patient is in a terminal
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1 condition and eligible for an order.
2 I direct any and all emergency medical services
3 personnel, commencing on the effective date of this
4 order, to withhold cardiopulmonary resuscitation (cardiac
5 compression, invasive airway techniques, artificial
6 ventilation, defibrillation and other related procedures)
7 from the patient in the event of the patient's
8 respiratory or cardiac arrest. I further direct such
9 personnel to provide to the patient other medical
10 interventions, such as intravenous fluids, oxygen or
11 other therapies necessary to provide comfort care or to
12 alleviate pain, unless directed otherwise by the patient
13 or the emergency medical services provider's authorized
14 medical command physician.
15 Signature of attending physician:
16 Printed name of attending physician:
17 Dated:
18 Attending physician's emergency telephone number:
19 Signature of patient (if capable of making informed
20 decisions):
21 I, the undersigned, hereby direct that in the event
22 of my cardiac and/or respiratory arrest, efforts at
23 cardiopulmonary resuscitation not be initiated. I
24 understand that I may revoke these directions at any time
25 by giving verbal instructions to the emergency medical
26 services providers, by physical cancellation or
27 destruction of this form or my bracelet or necklace, or
28 by simply not displaying this form or the bracelet or
29 necklace for my EMS caregivers.
30 Signature of surrogate (if patient is incapable of
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1 making informed decisions):
2 I, the undersigned, hereby certify that I am
3 authorized to execute this order on the patient's behalf
4 by virtue of having been designated as the patient's
5 surrogate and/or by virtue of my relationship to the
6 patient (specify relationship: _________________). I
7 hereby direct that in the event of the patient's cardiac
8 and/or respiratory arrest, efforts at cardiopulmonary
9 resuscitation not be initiated.
10 (c) Format of bracelet.--The department shall, with the
11 advice of the Pennsylvania Emergency Health Services Council and
12 with the assistance of the regional emergency medical services
13 councils, make available within 180 days of the effective date
14 of this subsection standard bracelets for issuance to patients
15 by attending physicians. The bracelets shall be uniform in
16 design and shall, at a minimum, on the face clearly indicate
17 OUT-OF-HOSPITAL DNR and the name of the patient and attending
18 physician, as well as the dated signature of the attending
19 physician.
20 (d) Format of necklace.--The department shall, with the
21 advice of the Pennsylvania Emergency Health Services Council and
22 with the assistance of the regional emergency medical services
23 councils, make available within 180 days of the effective date
24 of this subsection standard necklaces for issuance to patients
25 by attending physicians. The necklaces shall be uniform in
26 design and shall, at a minimum, on the face clearly indicate
27 OUT-OF-HOSPITAL DNR and the name of the patient and attending
28 physician, as well as the dated signature of the attending
29 physician.
30 § 5405-A. Revocation.
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1 (a) Patient.--If a patient has obtained an order, only the
2 patient may revoke the patient's DNR status.
3 (b) Surrogate.--If a surrogate has obtained an order, the
4 patient or the surrogate may revoke the patient's status.
5 (c) Manner.--Revocation under this section may be done at
6 any time without regard to the patient's physical or mental
7 condition and in any manner, including verbally or by destroying
8 or not displaying the order, bracelet or necklace.
9 § 5406-A. Liability.
10 (a) General rule.--No physician, emergency medical services
11 provider or other health care provider who, consistent with this
12 chapter, causes or participates in the initiating, continuing,
13 withholding or withdrawal of life-sustaining treatment or
14 cardiopulmonary resuscitation from a patient shall, as a result
15 of such action, be subject to criminal or civil liability or be
16 found to have committed an act of unprofessional conduct if the
17 attending physician, health care provider or emergency medical
18 services provider has followed the patient's expressed wishes in
19 the form of a declaration, order or revocation, executed
20 pursuant to this chapter.
21 (b) Absence of order, bracelet or necklace.--The absence of
22 an order, bracelet or necklace by a patient shall not give rise
23 to any presumption as to the intent of the patient to consent to
24 or to refuse the initiation, continuation or termination of
25 life-sustaining treatment.
26 § 5407-A. Effect on suicide and life insurance.
27 (a) Criminal effect.--The withholding or withdrawal of life-
28 sustaining treatment from a patient in accordance with the
29 provisions of this chapter shall not, for any purpose,
30 constitute suicide or homicide.
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1 (b) Life insurance.--The making of or failure to make an
2 order in accordance with this chapter shall not affect in any
3 manner the sale, procurement or issuance of any policy of life
4 insurance nor shall it be deemed to modify the terms of an
5 existing policy of life insurance. No policy of life insurance
6 shall be legally impaired or invalidated in any manner by the
7 withholding or withdrawal of life-sustaining treatment from an
8 insured patient, notwithstanding any term of the policy to the
9 contrary.
10 § 5408-A. Order optional.
11 No physician or other health care provider and no health care
12 service plan, health maintenance organization, insurer issuing
13 disability insurance, self-insured employee welfare benefit
14 plan, nonprofit hospital plan or Federal, State or local
15 government sponsored or operated program may:
16 (1) require any person to execute an order as a
17 condition for being insured for or receiving health care
18 services; or
19 (2) charge any person a different rate or fee whether or
20 not the person executes or has executed an order.
21 § 5409-A. Preservation of existing rights.
22 The provisions of this chapter shall not impair or supersede
23 any existing rights or responsibilities not addressed in this
24 chapter.
25 § 5410-A. Emergency medical services.
26 (a) Medical command instructions.--Notwithstanding the
27 absence of an order, bracelet or necklace pursuant to this
28 section, emergency medical services providers shall at all times
29 comply with the instructions of an authorized medical command
30 physician to withhold or discontinue resuscitation.
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1 (b) Effect of order, bracelet or necklace.--
2 (1) Emergency medical services providers are authorized
3 to, and shall, comply with an order if made aware of the
4 order by examining a bracelet, a necklace or the order
5 itself.
6 (2) Emergency medical services providers shall provide
7 other medical interventions necessary and appropriate to
8 provide comfort and alleviate pain, including intravenous
9 fluids, medications, oxygen and any other intervention
10 appropriate to the level of the certification of the
11 provider, unless otherwise directed by the patient or the
12 emergency medical services provider's authorized medical
13 command physician.
14 (3) As used in this subsection, the term "comply" means:
15 (i) to withhold cardiopulmonary resuscitation from
16 the patient in the event of respiratory or cardiac
17 arrest; or
18 (ii) to discontinue and cease cardiopulmonary
19 resuscitation in the event the emergency medical services
20 provider is presented with an order or discovers a
21 necklace or bracelet after initiating cardiopulmonary
22 resuscitation.
23 (c) Uncertainty regarding validity or applicability of
24 order, bracelet or necklace.--
25 (1) Emergency medical services providers who in good
26 faith are uncertain about the validity or applicability of an
27 order, bracelet or necklace shall render care in accordance
28 with their level of certification.
29 (2) Emergency medical services providers who act under
30 paragraph (1) shall not be subject to civil or criminal
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1 liability or administrative sanction for failure to comply
2 with an order under this section.
3 (d) Recognition of other states' orders.--Emergency medical
4 services or out-of-hospital DNR orders, bracelets or necklaces
5 valid in states other than this Commonwealth shall be recognized
6 in this Commonwealth to the extent that these orders, bracelets
7 or necklaces are consistent with the laws of this Commonwealth.
8 Emergency medical services providers shall act in accordance
9 with the provisions of this section when encountering a patient
10 with an apparently valid EMS or out-of-hospital DNR form,
11 bracelet or necklace issued by another state. Emergency medical
12 services providers acting in good faith under this section shall
13 be entitled to the same immunities and protections that would
14 otherwise be applicable.
15 § 5411-A. Pregnancy.
16 (a) General rule.--Notwithstanding the existence of an order
17 or direction to the contrary, life-sustaining treatment,
18 cardiopulmonary resuscitation, nutrition and hydration must be
19 provided to a pregnant patient unless, to a reasonable degree of
20 medical certainty as certified on the patient's medical record
21 by the attending physician and an obstetrician who has examined
22 the patient, life-sustaining treatment, nutrition and hydration:
23 (1) will not maintain the pregnant patient in such a way
24 as to permit the continuing development and live birth of the
25 unborn child;
26 (2) will be physically harmful to the pregnant patient;
27 or
28 (3) would cause pain to the pregnant patient which
29 cannot be alleviated by medication.
30 (b) Pregnancy test.--Nothing in this section shall require a
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1 physician to perform a pregnancy test unless the physician has
2 reason to believe that the patient may be pregnant.
3 (c) Payment of expenses by Commonwealth.--
4 (1) In the event that treatment, cardiopulmonary
5 resuscitation, nutrition or hydration are provided to a
6 pregnant patient, notwithstanding the existence of an order
7 or direction to the contrary, the Commonwealth shall pay all
8 usual, customary and reasonable expenses directly and
9 indirectly incurred by the pregnant patient to whom such
10 treatment, nutrition and hydration are provided.
11 (2) The Commonwealth shall have the right of subrogation
12 against all moneys paid by any third-party health insurer on
13 behalf of the pregnant patient.
14 (3) The expenditures incurred on behalf of the pregnant
15 patient shall constitute a grant and no lien shall be placed
16 upon the property of the pregnant patient, her estate or her
17 heirs.
18 § 5412-A. Penalties.
19 Any person who intentionally conceals, cancels, defaces,
20 obliterates or damages the order, bracelet or necklace of
21 another without the consent of the patient commits a felony of
22 the third degree. Any person who falsifies or forges the order,
23 bracelet or necklace of another, or conceals or withholds
24 personal knowledge of a revocation as provided in section 5405-A
25 (relating to revocation), with the intent to cause a withholding
26 or withdrawal of life-sustaining treatment contrary to the
27 wishes of the patient and, because of such an act, directly
28 causes life-sustaining treatment to be withheld or withdrawn and
29 death to be hastened shall be subject to prosecution for
30 criminal homicide as provided in 18 Pa.C.S. Ch. 25 (relating to
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1 criminal homicide). Any person who intentionally, by undue
2 influence, fraud or duress, causes a person to execute an order
3 pursuant to this chapter commits a felony of the third degree.
4 § 5413-A. Severability.
5 The provisions of this chapter are severable, and, if any
6 word, phrase, clause, sentence, section or provision of this
7 chapter is for any reason held to be unconstitutional, the
8 decision of the court shall not affect or impair any of the
9 remaining provisions of this chapter. It is hereby declared as
10 the legislative intent that this chapter would have been adopted
11 had such unconstitutional word, phrase, clause, sentence,
12 section or provision thereof not been included herein.
13 Section 4. The Department of Health shall, with the advice
14 of the Pennsylvania Emergency Health Services Council and with
15 the assistance of the regional emergency medical services
16 councils, develop and make available to health care providers
17 recognized under the act of July 3, 1985 (P.L.164, No.45), known
18 as the Emergency Medical Services Act, including those
19 individuals recognized under 42 Pa.C.S. § 8331.2, within 180
20 days of the effective date of this act, educational materials
21 relating to the implementation of the provisions of this act.
22 The department shall also cause the requirements of this act to
23 be included as part of the curricula for health care providers
24 recognized under the Emergency Medical Services Act.
25 Section 5. The Department of Health may contract with any
26 public or private entity to facilitate all or part of its
27 responsibilities under 20 Pa.C.S. Ch. 54 or 54-A.
28 Section 6. The Department of Health, upon the conclusion of
29 at least one public hearing, shall publish interim regulations
30 in the Pennsylvania Bulletin within 120 days of the effective
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1 date of this act. The interim regulations shall not be subject
2 to the act of July 31, 1968 (P.L.769, No.240), referred to as
3 the Commonwealth Documents Law, or to the act of June 25, 1982
4 (P.L.633, No.181), known as the Regulatory Review Act. The
5 interim regulations shall be effective until final regulations
6 are promulgated by the department. Final regulations shall be
7 promulgated no later than 18 months following the effective date
8 of this act.
9 Section 7. This act shall take effect in 60 days.
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