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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, NOVEMBER 30, 2011 |
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| AN ACT |
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1 | Amending Title 35 (Health and Safety) of the Pennsylvania |
2 | Consolidated Statutes, in the emergency medical services |
3 | system, further providing for emergency medical services |
4 | providers and for certification sanctions; and providing for |
5 | a felony conviction policy with a penalty. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 8113(i) of Title 35 of the Pennsylvania |
9 | Consolidated Statutes is amended by adding a paragraph to read: |
10 | § 8113. Emergency medical services providers. |
11 | * * * |
12 | (i) Reports of convictions, discipline and exclusions.-- |
13 | * * * |
14 | (5) Intentional failure of an applicant to disclose the |
15 | information required in this subsection shall be grounds for |
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1 | an automatic disqualification from or revocation of |
2 | certification. |
3 | * * * |
4 | Section 2. Section 8121(a)(5), (14), (18) and (20) of Title |
5 | 35 are amended to read: |
6 | § 8121. Certification sanctions. |
7 | (a) Grounds for discipline.--The department may discipline |
8 | an EMS provider or applicant for EMS provider certification for |
9 | any of the following reasons: |
10 | * * * |
11 | (5) [The rendering of services while under the influence |
12 | of alcohol or illegal drugs or the knowing abuse of legal |
13 | drugs.] Being unable to practice the profession with |
14 | reasonable skill and safety to patients by reason of illness; |
15 | addiction to drugs or alcohol; conviction of a felony under |
16 | the act of April 14, 1972 (P.L.233, No.64), known as The |
17 | Controlled Substance, Drug, Device and Cosmetic Act; or |
18 | conviction of a felony relating to a controlled substance in |
19 | another jurisdiction. An applicant's statement on the |
20 | application declaring the absence of a conviction shall be |
21 | deemed satisfactory evidence of the absence of a conviction |
22 | unless the department has some evidence to the contrary. In |
23 | enforcing this paragraph, the department shall, upon probable |
24 | cause, have authority to compel a provider to submit to a |
25 | mental or physical examination by a physician approved by the |
26 | department. Failure of a provider to submit to the |
27 | examination, unless failure is due to circumstances beyond |
28 | the applicant's control, shall constitute an admission of the |
29 | allegations against the provider. A provider affected under |
30 | this paragraph shall at reasonable intervals be afforded an |
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1 | opportunity to demonstrate that the ability to resume a |
2 | competent practice of the profession with reasonable skill |
3 | and safety to patients. |
4 | * * * |
5 | (14) [Conviction of] Being sentenced in any jurisdiction |
6 | for: |
7 | (i) a felony[, a crime]; or |
8 | (ii) a misdemeanor related to the [practice of the |
9 | EMS provider or a crime involving moral turpitude. For |
10 | the purposes of this paragraph, a conviction includes a |
11 | judgment of guilt, a plea of guilty or a plea of nolo |
12 | contendere] emergency medical services profession. |
13 | * * * |
14 | (18) [Violating or aiding or abetting another person to |
15 | violate a duty imposed under] Knowingly: |
16 | (i) maintaining a professional connection or |
17 | association with a person that is in violation of this |
18 | chapter[,] or a regulation promulgated under this chapter |
19 | [or an order of the department previously entered in a |
20 | disciplinary proceeding]; or |
21 | (ii) aiding, assisting, procuring or advising an |
22 | unlicensed person to practice a profession contrary to |
23 | this chapter or a regulation promulgated under this |
24 | chapter. |
25 | * * * |
26 | (20) [Any other reason as determined by the department |
27 | which poses a threat to the health and safety of the public.] |
28 | Committing immoral or unprofessional conduct. |
29 | (i) This paragraph includes failing to conform to an |
30 | ethical or quality standard of the profession. |
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1 | (A) The ethical standards of a profession are |
2 | those ethical tenets which are embraced by the |
3 | professional community in this Commonwealth. |
4 | (B) A provider or applicant fails to conform to |
5 | a quality standard of the profession if the provider |
6 | or applicant provides a medical service at a level |
7 | beneath the accepted standard of care. The department |
8 | may promulgate regulations which define the accepted |
9 | standard of care. If the department does not |
10 | promulgate an applicable regulation, the accepted |
11 | standard of care for a provider is that which would |
12 | be normally exercised by the average professional of |
13 | the same kind in this Commonwealth under the |
14 | circumstances, including locality. |
15 | (ii) In a proceeding under this paragraph, actual |
16 | injury to a patient need not be established. |
17 | * * * |
18 | Section 3. Title 35 is amended by adding a section to read: |
19 | § 8143. Felony conviction policy. |
20 | (a) Application.--Except as set forth in subsection (f), an |
21 | individual seeking certification as an emergency medical |
22 | services provider must apply to the department using forms |
23 | prescribed by the department and must submit to the department |
24 | fingerprints and other necessary information in order to obtain |
25 | the material under 18 Pa.C.S. Ch. 91 (relating to criminal |
26 | history record information). |
27 | (b) Review.--Except as set forth in subsection (f), upon |
28 | receipt of fingerprints and other necessary information under |
29 | subsection (a), the department shall acquire and review the |
30 | criminal history of the applicant and may interview the |
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1 | applicant. If the department determines that the applicant meets |
2 | the requirements of this chapter and regulations promulgated |
3 | under this chapter, it shall issue certification to the |
4 | applicant, subject to the following: |
5 | (1) The department shall deny certification to an |
6 | applicant convicted of any of the following crimes: |
7 | (i) A felony involving sexual misconduct where the |
8 | victim's failure to affirmatively consent is an element |
9 | of the crime, such as forcible rape. |
10 | (ii) A felony involving the sexual or physical abuse |
11 | of a child or of an elderly or infirm person, such as |
12 | sexual misconduct with a child, sexual exploitation of a |
13 | child, making or distributing child pornography, incest |
14 | involving a child or assault on an elderly or infirm |
15 | person. |
16 | (iii) A crime in which the victim is an out-of- |
17 | hospital patient or a patient or resident of a health |
18 | care facility, such as abuse, neglect or theft from or |
19 | financial exploitation of a person entrusted to the care |
20 | or protection of the applicant. |
21 | (2) Except as set forth in paragraph (3), the department |
22 | shall deny certification to an applicant convicted of the |
23 | following crimes: |
24 | (i) a crime for which the applicant is currently |
25 | incarcerated, on work release, on probation or on parole; |
26 | (ii) a crime in any the following categories, unless |
27 | at least five years have passed since the later of the |
28 | applicant's conviction or release from custodial |
29 | confinement: |
30 | (A) A serious crime of violence against a |
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1 | person, such as assault with a dangerous or deadly |
2 | weapon, aggravated assault, murder or attempted |
3 | murder, manslaughter, other than involuntary |
4 | manslaughter, kidnapping, robbery of any degree or |
5 | arson. |
6 | (B) A crime involving a controlled substance or |
7 | designer drug, including unlawful possession or |
8 | distribution of, or intent to unlawfully possess or |
9 | distribute, a controlled substance in Schedules I, |
10 | II, III, IV and V of the act of April 14, 1972 |
11 | (P.L.233, No.64), known as The Controlled Substance, |
12 | Drug, Device and Cosmetic Act. |
13 | (C) A serious crime involving property, such as |
14 | arson, burglary, embezzlement or insurance fraud. |
15 | (D) A crime involving sexual misconduct. |
16 | (3) In extraordinary circumstances, certification |
17 | granted under paragraph (2) may be granted only if the |
18 | applicant establishes by clear and convincing evidence that |
19 | certification will not jeopardize public health and safety. |
20 | The department may decide: |
21 | (i) the extraordinary circumstances on a case-by- |
22 | case basis; and |
23 | (ii) that certification must be based on clear and |
24 | convincing evidence that public health and safety will |
25 | not be jeopardized. |
26 | (c) Validity.--Certificates issued under this section shall |
27 | be valid for a period as determined by the department and may be |
28 | renewed after reconsideration, which may include an interview, |
29 | if the holder meets the requirements under the regulations of |
30 | the department. The department may decertify any emergency |
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1 | medical services provider if it determines that the person no |
2 | longer meets the qualifications prescribed for certification. |
3 | (d) Confidentiality.--Information obtained under subsection |
4 | (b) shall be confidential and shall not be disclosed under any |
5 | circumstances except: |
6 | (1) the department may release any subsequent criminal |
7 | history when properly requested; and |
8 | (2) all information that has been forwarded to the |
9 | department under this section shall be reviewed with the |
10 | individual seeking certification under this section upon the |
11 | individual's request. |
12 | (e) Costs.--Costs associated with obtaining criminal history |
13 | under this section from the Pennsylvania State Police and the |
14 | Federal Bureau of Investigation shall be borne by the applicant. |
15 | (f) Exception.--Subsections (a) and (b) shall not apply to |
16 | an individual who meets all of the following: |
17 | (1) Is presently employed as a law enforcement officer |
18 | in this Commonwealth. |
19 | (2) Was subject to review of criminal history at the |
20 | time employment under paragraph (1) began. |
21 | (3) At the time of review under paragraph (2), no items |
22 | described under subsection (b)(1) appeared as part of the |
23 | individual's criminal history. |
24 | (g) Penalty.--An individual seeking certification under this |
25 | section who knowingly provides false, incomplete or inaccurate |
26 | criminal history or who otherwise knowingly violates the |
27 | provisions of this section commits a felony of the third degree. |
28 | Section 4. This act shall take effect in 60 days. |
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