2010 Pennsylvania Code
Title 35 - HEALTH AND SAFETY
Chapter 81 - Emergency Medical Services System
8105 - Duties of department.

     § 8105.  Duties of department.
        (a)  Duty.--It shall be the duty of the department to assist
     in the development of local EMS systems; plan, guide and
     coordinate the development of regional EMS systems into a
     unified Statewide system; and coordinate systems in this
     Commonwealth with similar systems in neighboring states.
        (b)  Authority.--The department shall be the lead agency for
     EMS in this Commonwealth. The department is authorized to:
            (1)  Coordinate a program for planning, developing,
        maintaining, expanding, improving and upgrading EMS systems
        in this Commonwealth.
            (2)  Establish, by regulation, standards and criteria
        governing the awarding and administration of contracts and
        grants under this chapter for initiation, maintenance and
        improvement of regional EMS systems.
            (3)  Require collection and maintenance of patient data
        and information in EMS patient care reports by EMS agencies.
            (4)  Collect, as deemed necessary and appropriate, data
        and information regarding patients who utilize emergency
        departments without being admitted to the facility and
        patients admitted through emergency departments, trauma
        centers or directly to special care units, in a manner that
        protects and maintains the confidential nature of patient
        records. The data and information shall be reasonable in
        detail and shall be collected pursuant to regulations issued
        by the department. Data and information shall be limited to
        that which may be used for specific planning, research and
        quality improvement purposes and shall not be duplicative of
        data and information already available to the department.
            (5)  Prepare and revise a Statewide EMS system plan under
        section 8111 (relating to comprehensive plan).
            (6)  Define and approve training programs and accredit
        educational institutions for EMS training of EMS providers.
            (7)  Provide technical assistance to local governments,
        EMS agencies and other entities for the purpose of assuring
        effective planning and execution of EMS.
            (8)  Administer contracts and grants authorized under
        this chapter and other grants pertaining to EMS.
            (9)  Establish standards for the licensing, registration
        and operation of EMS agencies and inspect EMS agencies for
        compliance with this chapter and regulations adopted under
        this chapter.
            (10)  Maintain a quality improvement program for the
        purpose of monitoring and improving the delivery of EMS.
            (11)  Promulgate regulations to establish standards and
        criteria for EMS systems.
            (12)  Integrate all trauma centers accredited pursuant to
        section 8107 (relating to Pennsylvania Trauma Systems
        Foundation) into the Statewide EMS system.
            (13)  Recommend to 911 and other EMS agency dispatchers
        protocols with respect to the type and quantity of EMS
        resources to dispatch to emergencies.
            (14)  Investigate, based upon complaints and information
        received, possible violations of this chapter and regulations
        under this chapter and take disciplinary actions, seek
        injunctions and refer matters for criminal prosecution.
            (15)  Investigate complaints concerning delivery of
        services by trauma centers and forward investigation results
        to the appropriate accrediting entity with a recommendation
        for action.
            (16)  Enter into agreements with other states which may
        include, as appropriate to effectuate the purposes of this
        chapter, the acceptance of EMS resources of other states that
        do not fully satisfy the requirements of this chapter or
        regulations adopted under this chapter.
        (c)  EMS protocols.--The department shall establish criteria
     and protocols, including bypass protocols, for evaluation,
     triage, treatment, transport, transfer and referral of patients
     to ensure that they receive appropriate EMS and are transported
     to the most appropriate facility. Regional EMS councils shall
     not be eligible for contracts or grant funds or State EMS
     Operating Fund disbursements unless they assist in ensuring
     regional implementation of the criteria and protocols. Protocols
     under this subsection are not subject to the rulemaking process.

        Cross References.  Section 8105 is referred to in sections
     8106, 8128 of this title.

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