35 Pa. C.S. § 8103

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 8103 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Advanced emergency medical services." Emergency medical services exceeding the scope of practice of an emergency medical technician.

"Advanced emergency medical technician." An individual who is certified by the Department of Health as an advanced emergency medical technician.

"Advanced life support squad vehicle." A vehicle which:

(1) is maintained or operated to transport emergency medical service providers above the advanced emergency medical technician level, equipment and supplies to rendezvous with the crew of an ambulance for the purpose of providing advanced emergency medical services to patients; and
(2) is not used in the transportation of patients.

"ALS." Advanced life support.

"Ambulance." A ground, water or air vehicle which is maintained or operated for the purpose of providing emergency medical services to and transportation of patients.

"Ambulance attendant." An individual who is 16 years of age or older and satisfies one of the following:

(1) Possesses a certificate evidencing successful completion of an advanced first aid course sponsored by the American Red Cross and a current certificate evidencing successful completion of a cardiopulmonary resuscitation course acceptable to the Department of Health.
(2) Possesses a current certificate evidencing successful completion of a course determined by the Department of Health to be equivalent to the requirements in paragraph (1).

"Basic emergency medical services" or "basic EMS." Emergency medical services included within, but not exceeding, the scope of practice of an emergency medical technician.

"Basic life support squad vehicle." A vehicle which:

(1) is maintained or operated to transport emergency medical services providers, equipment and supplies to rendezvous with the crew of an ambulance for the purpose of providing emergency medical services at or below the advanced emergency medical technician level to patients; and
(2) is not used in the transportation of patients.

"BLS." Basic life support.

"Board." The State Advisory Board, which is the Board of Directors of the Pennsylvania Emergency Health Services Council.

"Catchment area." An area surrounding a hospital that is located less than 25 miles of travel distance established by roadways from a Level I, Level II or Level III trauma center.

"Commonwealth emergency medical services medical director" or "Commonwealth EMS medical director." A physician who is approved and employed by the Department of Health to advise and formulate policy on matters pertaining to emergency medical services.

"Comprehensive emergency services." The capacity of a hospital emergency department to maintain staff and provide immediate and advanced care for Pennsylvania patients who require trauma care treatment 24 hours per day and seven days per week based on the availability of the following services:

(1) At least two qualified physicians to staff the emergency department during periods of peak utilization.
(2) At least one registered nurse with specialized training in advanced life support techniques at all times.
(3) Anesthesia services at all times.
(4) Physician specialists who can immediately consult by telephone or radio and can report immediately to the hospital emergency department as needed.
(5) Ancillary services, such as laboratory, radiology, pharmacy and respiratory therapy, at all times, with appropriate personnel who can report immediately to the hospital emergency department as needed.

"Department." The Department of Health of the Commonwealth.

"Emergency." A physiological or psychological illness or injury of an individual, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate emergency medical services to result in:

(1) placing the health of the individual or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;
(2) serious impairment of bodily functions; or
(3) serious dysfunction of a bodily organ or part.

"Emergency medical responder" or "EMR." An individual who is certified by the Department of Health as an emergency medical responder.

"Emergency medical services" or "EMS. " Any of the following:

(1) The medical care, including medical assessment, monitoring, treatment, transportation and observation, which may be provided to a person in responding to an actual or reported emergency to:
(i) prevent or protect against loss of life or a deterioration in physiological or psychological condition; or
(ii) address pain or morbidity associated with the person's condition.
(2) The transportation of an individual with medical assessment, monitoring, treatment or observation of the individual who, due to the individual's condition, requires medical assessment, monitoring, treatment or observation during the transport.

"Emergency medical services agency" or "EMS agency." An entity that engages in the business or service of providing emergency medical services to patients within this Commonwealth by operating any of the following:

(1) An ambulance.
(2) An advanced life support squad vehicle.
(3) A basic life support squad vehicle.
(4) A quick response service.
(5) A special operations EMS service. This paragraph includes, but is not limited to:
(i) a tactical EMS service;
(ii) a wilderness EMS service;
(iii) a mass-gathering EMS service; and
(iv) an urban search and rescue EMS service.
(6) A vehicle or service which provides emergency medical services outside of a health care facility, as prescribed by the Department of Health by regulation.

"Emergency medical services agency medical director" or "EMS agency medical director." A physician who is employed by, contracts with or volunteers with an emergency medical services agency either directly or through an intermediary to:

(1) evaluate the quality of patient care provided by the emergency medical services providers utilized by the emergency medical services agency; and
(2) provide medical guidance and advice to the emergency medical services agency. "Emergency medical services provider" or "EMS provider." Any of the following:
(1) An emergency medical responder.
(2) An emergency medical technician.
(3) An advanced emergency medical technician.
(4) A paramedic.
(5) A prehospital registered nurse.
(6) A prehospital physician extender.
(7) A prehospital emergency medical services physician.
(8) An individual prescribed by regulation of the Department of Health to provide specialized emergency medical services.

"Emergency medical services system" or "EMS system." The arrangement of personnel, facilities and equipment to prevent and manage emergencies in a geographic area.

"Emergency medical services vehicle operator" or "EMS vehicle operator." An individual certified by the Department of Health to operate a ground emergency medical services vehicle.

"Emergency medical technician" or "EMT." An individual who is certified by the Department of Health as an emergency medical technician.

"Facility." A physical location at which an entity operates a health care facility licensed under Federal or State law.

"Foundation." The Pennsylvania Trauma Systems Foundation, a nonprofit Pennsylvania corporation whose function is to accredit trauma centers that receive or seek to receive Commonwealth funds.

"Hospital." An institution having an organized medical staff that is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services or rehabilitation services for the care or rehabilitation of injured, disabled, pregnant, diseased, sick or mentally ill persons. The term includes a facility for the diagnosis and treatment of disorders within the scope of specific medical specialties. The term does not include a facility caring exclusively for the mentally ill.

"Medical command facility." A distinct unit which contains the necessary equipment and personnel for providing medical command to and control over emergency medical services providers.

"Medical command order." An order issued by a medical command physician to an emergency medical services provider who is functioning on behalf of an emergency medical services agency.

"Medical command physician." A physician certified by the Department of Health to give medical command orders to emergency medical services providers.

"Medical monitoring." Performing continuous or periodic observations of an individual's condition or continuation of an ordered treatment plan for an individual to prevent pain, suffering or the exacerbation of a preexisting condition.

"Medical observation." Performing continuous or periodic observations of an individual's stable condition to determine whether there is a change in that condition.

"Paramedic." An individual who is certified by the Department of Health as a paramedic.

"Patient." An individual for whom an emergency medical services provider is:

(1) providing emergency medical services on behalf of an EMS agency; or
(2) required to provide emergency medical services on behalf of an EMS agency because the individual's condition requires or may require medical observation, monitoring, assessment or treatment for an illness, disease, injury or other disability.

"Peer review." The evaluation by health care providers of the quality and efficiency of services ordered or performed by emergency medical services providers and physicians who direct or supervise EMS providers under this chapter and the regulations of the Department of Health.

"Physician." A person who has a currently registered license to practice medicine or osteopathic medicine in this Commonwealth.

"Prehospital emergency medical services physician" or "prehospital EMS physician." A physician who is certified by the Department of Health as a prehospital emergency medical services physician.

"Prehospital physician extender" or "PHPE." A physician assistant who is certified by the Department of Health as a prehospital physician extender.

"Prehospital registered nurse" or "PHRN." A registered nurse who is certified by the Department of Health as a prehospital registered nurse.

"Quick response service" or "QRS." An operation in which emergency medical services providers of an EMS agency:

(1) respond to an actual, reported or perceived emergency; and
(2) provide emergency medical services to patients pending the arrival of an ambulance. "Regional emergency medical services council" or "regional EMS council." A nonprofit incorporated entity or appropriate equivalent that is assigned by the Department of Health to:
(1) plan, develop, maintain, expand and improve emergency medical services systems within a specific geographic area of this Commonwealth; and
(2) coordinate those systems into a regional emergency medical services system. "Regional emergency medical services medical director" or "regional EMS medical director." The medical director of a regional emergency medical services council.

"Review organization." A committee which engages in peer review as authorized by the regulations of the Department of Health.

"Rural area." An area outside urbanized areas as defined by the United States Bureau of the Census.

"Special care unit." An appropriately equipped area of a hospital where provisions have been made for a concentration of physicians, nurses and others who have special skills and experiences to provide medical care for critically ill patients.

"Trauma care." Medical services provided to an individual with a severe, life-threatening injury that is likely to result in mortality or permanent disability.

"Trauma center." Any of the following:

(1) A hospital accredited as a Level I, Level II, Level III or Level IV trauma center by the Pennsylvania Trauma Systems Foundation in accordance with this chapter.
(2) An out-of-state hospital that qualifies as a trauma center under the Title XIX State plan that:
(i) Has paid to the foundation the annual participation fees that would be due if the hospital were to obtain accreditation from the foundation; and
(ii) Has submitted to the foundation on an annual basis:
(A) The clinical patient data that the hospital submits to the national trauma database regarding residents of this Commonwealth who receive trauma services from the hospital; and
(B) The information necessary to calculate the supplemental payment under section 8107.3 (relating to funding) as provided in the Title XIX State plan.

"Travel distance." The distance traveled by a motor vehicle on paved public roads having at least two driving lanes of width and on which a motor vehicle would reasonably travel in the transport of patients. Travel distance is calculated by rounding up to the next whole mile for a portion of a mile over a whole mile for the distance traveled.

35 Pa.C.S. § 8103

Amended by P.L. TBD 2019 No. 54, § 1, eff. 7/2/2019.
2009, Aug. 18, P.L. 308, No. 37, §1, effective in 180 days [ 2/16/2010].