2010 Pennsylvania Code
Title 35 - HEALTH AND SAFETY
Chapter 81 - Emergency Medical Services System
8106 - Emergency medical services patient care reports.

     § 8106.  Emergency medical services patient care reports.
        (a)  Preparation.--An EMS agency shall ensure that its
     responding EMS providers complete an EMS patient care report for
     each response made in which it encounters a patient or a person
     who has been identified as a patient to the EMS agency, unless
     the department by regulation exempts certain types of patient
     contact from the reporting requirement. The department shall
     employ an electronic EMS patient care reporting process that
     shall solicit standardized data and patient information. The
     department may require an EMS agency to complete a different
     standardized report or different fields in a standardized report
     based upon the type of resources the EMS agency uses in
     responding. The department shall permit an EMS agency to file a
     paper report for extraordinary reasons as determined by the
     department on a case-by-case basis.
        (b)  Content.--The report shall contain information as
     solicited on the form or other reporting process developed by
     the department. The reporting process shall solicit essential
     information in reasonable detail. The department may also use
     the reporting process to collect data to enhance its ability to
     carry out its responsibilities under sections 8104 (relating to
     emergency medical services system programs) and 8105 (relating
     to duties of department).
        (c)  Patient medical record.--If a patient is transported to
     a hospital or from a hospital to another health care facility,
     information about the patient and EMS performed on the patient
     that is solicited through the reporting process shall be
     provided by the EMS agency to the hospital or other health care
     facility and become part of the patient's medical record.
        (d)  Reporting.--An EMS agency shall report to the department
     or a regional EMS council, as determined by department
     regulation, data that is solicited through the reporting
     process.
        (e)  Confidentiality.--
            (1)  Patient information collected by an EMS agency shall
        be confidential and shall not be released by the EMS agency
        or a health care facility except as follows:
                (i)  To the patient who is the subject of the report
            or to a person who is authorized to exercise the rights
            of the patient with respect to securing the report.
                (ii)  Pursuant to an order of a court of competent
            jurisdiction, including a subpoena when it constitutes a
            court order, except that disclosure pursuant to a
            subpoena shall not be permitted as to information in the
            report that is of such nature that disclosure pursuant to
            a subpoena is not otherwise authorized by law.
                (iii)  To a health care provider to whom a patient's
            medical record may be released under the law.
                (iv)  For billing purposes.
                (v)  For quality improvement activities.
                (vi)  To the department or a regional EMS council for
            the purpose of investigating possible violations of this
            chapter or related regulations.
                (vii)  To a government agency or its agent, as
            authorized by the department, for the purpose of the
            agency performing official government duties.
            (2)  Notwithstanding the duty of confidentiality
        applicable to department and regional EMS councils concerning
        reports under paragraph (1), the report may be released for
        specific research or EMS planning purposes approved by the
        department, subject to department approval and supervision to
        ensure that use of the report is strictly limited to the
        purposes of the research.
        (f)  Vendors.--A vendor may not sell or otherwise provide or
     offer reporting forms or software marketed as appropriate for
     use in making reports required under this section unless the
     vendor submits the product to the department for review and
     receives department approval. Thereafter, the vendor shall
     submit any modification of the product to the department for
     review and approval if the vendor intends to offer the modified
     product for use in the EMS patient care reporting process. If
     the department makes changes to the EMS patient care report, it
     shall publish a notice of the changes in the Pennsylvania
     Bulletin. The effective date for the changes shall be no fewer
     than 60 days following publication. After publication of
     changes, a vendor may not market a product as one appropriate
     for use in making an EMS patient care report, any reporting
     forms or software approved by the department prior to
     publication of the changes, unless the vendor clearly discloses
     that the forms or software were approved prior to publication of
     the changes. The department may assess a vendor a $5,000 civil
     penalty for each day a vendor violates the provisions of this
     subsection.

        Cross References.  Section 8106 is referred to in section
     8109 of this title.