THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HENNESSEY, GROVE, ADOLPH, BAKER, BOBACK, B. BOYLE, R. BROWN, CLYMER, D. COSTA, CREIGHTON, DAY, DeLUCA, FARRY, GEIST, GILLESPIE, GINGRICH, GODSHALL, HACKETT, HAHN, HANNA, HARHART, HARPER, HARRIS, HESS, KAMPF, KAUFFMAN, F. KELLER, W. KELLER, KNOWLES, KOTIK, MAHONEY, MARSICO, MILLARD, MILLER, MILNE, MOUL, MURT, NEUMAN, O'NEILL, PAYNE, PEIFER, PICKETT, PYLE, QUIGLEY, RAPP, READSHAW, REICHLEY, ROCK, SAYLOR, SCAVELLO, CULVER, STEVENSON, SWANGER, TAYLOR, TOBASH, TOEPEL, VEREB, VULAKOVICH, WATSON AND YOUNGBLOOD, NOVEMBER 30, 2011

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, NOVEMBER 30, 2011  

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in the emergency medical services

system, further providing for emergency medical services

providers and for certification sanctions; and providing for

a felony conviction policy with a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8113(i) of Title 35 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 8113.  Emergency medical services providers.

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(i)  Reports of convictions, discipline and exclusions.--

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(5)  Intentional failure of an applicant to disclose the

information required in this subsection shall be grounds for

an automatic disqualification from or revocation of

certification.

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Section 2.  Section 8121(a)(5), (14), (18) and (20) of Title

35 are amended to read:

§ 8121.  Certification sanctions.

(a)  Grounds for discipline.--The department may discipline

an EMS provider or applicant for EMS provider certification for

any of the following reasons:

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(5)  [The rendering of services while under the influence

of alcohol or illegal drugs or the knowing abuse of legal

drugs.] Being unable to practice the profession with

reasonable skill and safety to patients by reason of illness;

addiction to drugs or alcohol; conviction of a felony under

the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act; or

conviction of a felony relating to a controlled substance in

another jurisdiction. An applicant's statement on the

application declaring the absence of a conviction shall be

deemed satisfactory evidence of the absence of a conviction

unless the department has some evidence to the contrary. In

enforcing this paragraph, the department shall, upon probable

cause, have authority to compel a provider to submit to a

mental or physical examination by a physician approved by the

department. Failure of a provider to submit to the

examination, unless failure is due to circumstances beyond

the applicant's control, shall constitute an admission of the

allegations against the provider. A provider affected under

this paragraph shall at reasonable intervals be afforded an

opportunity to demonstrate that the ability to resume a

competent practice of the profession with reasonable skill

and safety to patients.

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(14)  [Conviction of] Being sentenced in any jurisdiction

for:

(i)  a felony[, a crime]; or

(ii)  a misdemeanor related to the [practice of the

EMS provider or a crime involving moral turpitude. For

the purposes of this paragraph, a conviction includes a

judgment of guilt, a plea of guilty or a plea of nolo

contendere] emergency medical services profession.

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(18)  [Violating or aiding or abetting another person to

violate a duty imposed under] Knowingly:

(i)  maintaining a professional connection or

association with a person that is in violation of this

chapter[,] or a regulation promulgated under this chapter

[or an order of the department previously entered in a

disciplinary proceeding]; or

(ii)  aiding, assisting, procuring or advising an

unlicensed person to practice a profession contrary to

this chapter or a regulation promulgated under this

chapter.

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(20)  [Any other reason as determined by the department

which poses a threat to the health and safety of the public.]

Committing immoral or unprofessional conduct.

(i)  This paragraph includes failing to conform to an

ethical or quality standard of the profession.

(A)  The ethical standards of a profession are

those ethical tenets which are embraced by the

professional community in this Commonwealth.

(B)  A provider or applicant fails to conform to

a quality standard of the profession if the provider

or applicant provides a medical service at a level

beneath the accepted standard of care. The department

may promulgate regulations which define the accepted

standard of care. If the department does not

promulgate an applicable regulation, the accepted

standard of care for a provider is that which would

be normally exercised by the average professional of

the same kind in this Commonwealth under the

circumstances, including locality.

(ii)  In a proceeding under this paragraph, actual

injury to a patient need not be established.

* * *

Section 3.  Title 35 is amended by adding a section to read:

§ 8143.  Felony conviction policy.

(a)  Application.--Except as set forth in subsection (f), an

individual seeking certification as an emergency medical

services provider must apply to the department using forms

prescribed by the department and must submit to the department

fingerprints and other necessary information in order to obtain

the material under 18 Pa.C.S. Ch. 91 (relating to criminal

history record information).

(b)  Review.--Except as set forth in subsection (f), upon

receipt of fingerprints and other necessary information under

subsection (a), the department shall acquire and review the

criminal history of the applicant and may interview the

applicant. If the department determines that the applicant meets

the requirements of this chapter and regulations promulgated

under this chapter, it shall issue certification to the

applicant, subject to the following:

(1)  The department shall deny certification to an

applicant convicted of any of the following crimes:

(i)  A felony involving sexual misconduct where the

victim's failure to affirmatively consent is an element

of the crime, such as forcible rape.

(ii)  A felony involving the sexual or physical abuse

of a child or of an elderly or infirm person, such as

sexual misconduct with a child, sexual exploitation of a

child, making or distributing child pornography, incest

involving a child or assault on an elderly or infirm

person.

(iii)  A crime in which the victim is an out-of-

hospital patient or a patient or resident of a health

care facility, such as abuse, neglect or theft from or

financial exploitation of a person entrusted to the care

or protection of the applicant.

(2)  Except as set forth in paragraph (3), the department

shall deny certification to an applicant convicted of the

following crimes:

(i)  a crime for which the applicant is currently

incarcerated, on work release, on probation or on parole;

(ii)  a crime in any the following categories, unless

at least five years have passed since the later of the

applicant's conviction or release from custodial

confinement:

(A)  A serious crime of violence against a

person, such as assault with a dangerous or deadly

weapon, aggravated assault, murder or attempted

murder, manslaughter, other than involuntary

manslaughter, kidnapping, robbery of any degree or

arson.

(B)  A crime involving a controlled substance or

designer drug, including unlawful possession or

distribution of, or intent to unlawfully possess or

distribute, a controlled substance in Schedules I,

II, III, IV and V of the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

(C)  A serious crime involving property, such as

arson, burglary, embezzlement or insurance fraud.

(D)  A crime involving sexual misconduct.

(3)  In extraordinary circumstances, certification

granted under paragraph (2) may be granted only if the

applicant establishes by clear and convincing evidence that

certification will not jeopardize public health and safety.

The department may decide:

(i)  the extraordinary circumstances on a case-by-

case basis; and

(ii)  that certification must be based on clear and

convincing evidence that public health and safety will

not be jeopardized.

(c)  Validity.--Certificates issued under this section shall

be valid for a period as determined by the department and may be

renewed after reconsideration, which may include an interview,

if the holder meets the requirements under the regulations of

the department. The department may decertify any emergency

medical services provider if it determines that the person no

longer meets the qualifications prescribed for certification.

(d)  Confidentiality.--Information obtained under subsection

(b) shall be confidential and shall not be disclosed under any

circumstances except:

(1)  the department may release any subsequent criminal

history when properly requested; and

(2)  all information that has been forwarded to the

department under this section shall be reviewed with the

individual seeking certification under this section upon the

individual's request.

(e)  Costs.--Costs associated with obtaining criminal history

under this section from the Pennsylvania State Police and the

Federal Bureau of Investigation shall be borne by the applicant. 

(f)  Exception.--Subsections (a) and (b) shall not apply to

an individual who meets all of the following:

(1)  Is presently employed as a law enforcement officer

in this Commonwealth.

(2)  Was subject to review of criminal history at the

time employment under paragraph (1) began.

(3)  At the time of review under paragraph (2), no items

described under subsection (b)(1) appeared as part of the

individual's criminal history.

(g)  Penalty.--An individual seeking certification under this

section who knowingly provides false, incomplete or inaccurate

criminal history or who otherwise knowingly violates the

provisions of this section commits a felony of the third degree.

Section 4.  This act shall take effect in 60 days.