[30 Pa.B. 5363]
[Continued from previous Web Page] § 1007.3. (Reserved).
§ 1007.4. (Reserved).
§ 1007.5. (Reserved).
§ 1007.6. (Reserved).
§ 1007.7. Licensure and general operating requirements.
(a) Documentation requirements. An applicant for an air ambulance service license shall have the following documents available for the inspection by the Department:
(1) A roster of active personnel, including certification and recognition documentation with dates of expiration and identification numbers; documentation of medical command authorization decisions and the medical command status of personnel; identification of persons who are responsible for making operating and policy decisions for the air ambulance service, such as officers, directors and other ambulance service officials; and the criminal and disciplinary information for all persons who staff the ambulance service as required by subsections (d)(4) and (m); and the plan for staffing the air ambulance service.
(2) Copies of EMS patient care reports, or other formats on which those records are kept on patients treated or transported, if applicable.
(3) Call volume records from the previous year's operations if applicable. These records shall include a record of each call received requesting the air ambulance service to respond to an emergency, as well as a notation of whether it responded to the call and the reason if it did not respond.
(4) Copies of the written policies required by this section.
(b) Air ambulance requirements. An air ambulance shall meet the following minimum requirements:
(1) The air ambulance shall be configured to carry at least one supine patient with sufficient access to the patient in order to begin and maintain ALS and other treatment modalities.
(2) The air ambulance design may not compromise patient safety in loading, unloading or during flight, and the air ambulance shall be equipped with either a cargo door or an entry that will allow loading and unloading the patient without excessive maneuvering.
(3) The air ambulance shall be climate controlled for the comfort of the patient.
(4) The air ambulance shall have adequate interior lighting so that medical care can be provided and patient status monitored without interfering with the pilot's vision.
(5) The air ambulance shall be configured so that the patient is isolated from the cockpit to minimize in-flight distractions to the pilot and to prevent interference with the pilot's manipulation of the flight controls.
(6) An air ambulance operating from sunset to sunrise shall be equipped with at least one tail rotor illuminating light and a controllable search light.
(7) The air ambulance shall carry, on a flight, survival gear appropriate to the expected terrain and environment.
(8) The air ambulance shall be equipped with appropriate patient restraints.
(9) The air ambulance shall be equipped with 110 V electrical output with appropriate cabin outlets for medical equipment use.
(10) The air ambulance shall be equipped with two-way radios capable of communicating with hospital communications centers, PSAPs and ambulances.
(c) Equipment and supply requirements. Required equipment and supplies shall be carried and readily available in working order for use on an air ambulance. The list of required equipment and supplies for an air ambulance will be published by the Department in the Pennsylvania Bulletin on an annual basis.
(d) Personnel requirements. An air ambulance service shall meet the following requirements related to personnel and staffing:
(1) Air ambulance medical director. It shall have an air ambulance medical director who possesses the qualifications specified in § 1003.5(b) (relating to ALS service medical director) and performs the duties specified in § 1003.5(a).
(2) Pilot and prehospital personnel. It shall assure that each air ambulance responding to a call for EMS is staffed with at least one pilot and prehospital personnel as set forth in § 1005.10(d)(1)(ii) (relating to licensure and general operating standards). At least one of the responding prehospital personnel shall be specially trained in air-medical transport.
(3) Other personnel requirements.
(i) It shall keep a pilot and two prehospital personnel staff as set forth in § 1005.10(d)(ii) available for the air ambulance at all times to assure immediate response to emergency calls.
(ii) It shall require prehospital personnel who staff an air ambulance to undergo annual physical examinations to assure that they are physically able to perform their jobs.
(iii) Minimum staffing standards are satisfied when an air ambulance service has a duty roster that identifies staff who meet minimum staff criteria 24 hours-a-day, 7 days-a-week and who have committed themselves as being available or been assigned by the air ambulance service to be available at the specified times, and when minimum required staff are present during the emergency medical treatment and transport of a patient.
(4) Responsible staff. It shall ensure that all persons who staff the air ambulance service, including its officers, directors and other members of its management team, prehospital personnel, and pilots, are responsible persons. In making that determination it shall require each person who staffs the air ambulance service to provide it with information as to misdemeanor and felony convictions, and disciplinary sanctions against a license, certification or other authorization to practice a health care occupation or profession, that have been imposed against the person, and to update that information if additional convictions and disciplinary sanctions occur. It shall consider this information in determining whether the person is a responsible person. It shall also provide the Department with advance notice, 30 days if possible, of any change in its management personnel to include as a new member of its management team a person who has been convicted of a felony or misdemeanor or has had a disciplinary sanction imposed against a license, certification or other authorization to practice a health care occupation or profession.
(e) Communicating with ground PSAPs.
(1) If requested by a ground PSAP, an air ambulance service shall apprise the PSAP as to when it will not be in operation, when weather conditions prevent or impede flight, and when its resources are already committed.
(2) An air ambulance service shall apprise the dispatching ground PSAP as soon as practical after receiving a dispatch call, its estimated time of arrival at the scene of the emergency. While its air ambulance is enroute to the scene of an emergency, if an air ambulance service believes that it will not be able to have an air ambulance and required staff arrive at the emergency scene within the estimated time of arrival previously given, the air ambulance service shall contact the ground PSAP and provide its new estimated time of arrival.
(f) Access to air ambulance service.
(1) The air ambulance service shall have a policy which addresses the following:
(i) Who, in addition to a PSAP, may request air ambulance service.
(ii) How its air ambulance services should be accessed.
(iii) General and medical guidelines for personnel to consider prior to requesting its air ambulance services.
(iv) To whom the air ambulance service provides its services, including general service area.
(v) What level of EMS is provided by the air ambulance service.
(vi) Patient preparation guidelines.
(vii) Aircraft enplanement and safety requirements.
(2) The air ambulance service shall disseminate this policy to relevant health care providers in the air ambulance service's service area.
(g) Flight requirements. The air ambulance service shall ensure that:
(1) A determination to accept the flight is based solely on availability, safety procedures and weather conditions.
(2) The air ambulance proceeds expeditiously and as directly as possible to the flight destination, considering the weather, appropriate safety rules, noise abatement procedures and flight path and altitude clearances.
(3) The air ambulance engages in flight following with an air communications center at intervals not to exceed 15 minutes. If the air ambulance is outside of radio range of the base communications center, adequate flight following shall be planned and executed.
(4) The air ambulance is ready for flight at all times when the air ambulance service has not reported to ground PSAPs that the air ambulance is unavailable to respond to emergencies.
(h) Medical service requirements. The air ambulance service shall ensure that:
(1) Equipment and supplies required for an air ambulance flight are on the air ambulance and in working order prior to takeoff for patient transport.
(2) Medical care and intervention is provided according to direct medical command or written protocols/standing orders.
(3) A patient treatment record is maintained, documenting medical care rendered by the medical flight crew and the disposition of the patient at the receiving medical facility. The patient treatment record shall be maintained at the base hospital.
(4) Each patient is evaluated for potential adverse effects from flight operations.
(5) The patient and equipment are secured during flight.
(6) The patient is transported to the nearest appropriate receiving facility. That facility shall be a trauma center when required by Department-approved bypass protocols.
(i) Air ambulance medical director's operational requirements. The air ambulance service shall have a policy setting forth the air ambulance medical director's operational procedures which shall include procedures for at least the following:
(1) The performance of responsibilities set forth in § 1003.5(a) (relating to ALS service medical director).
(2) The development of medical treatment protocols for the air ambulance service, submitting them to the regional EMS council medical advisory committee for its review and recommendations, and securing approval of the medical treatment protocols from the Department.
(j) Communication center arrangements. The air ambulance service shall ensure that it has access to an air communications center that meets the following standards:
(1) Has a designated person--communications specialist--assigned to receive and dispatch requests for emergency air medical services and charged with the relay of information between the flight crew, requesting agency and receiving hospital.
(2) Is operational 24 hours-a-day, 7 days-a-week and has radio capabilities to transmit to and receive from the air ambulance. At a minimum, 123.05 MHz, radio frequency shall be available.
(3) Has at least one incoming telephone line that is dedicated to the air ambulance service.
(4) Has a system for recording incoming and outgoing telephone and radio transmissions. The system shall have an inherent time recording capability and recordings shall be kept for a minimum of 30 days.
(5) Has the capability of communicating with the flight crew so that the air ambulance may take off within the scheduled takeoff time.
(6) Has a backup emergency power source.
(7) Maintains a status board listing flight crew names and other pertinent operational information.
(8) Has copies of operational protocols and procedures, including emergency operation plans in the event of overdue, missing or downed aircraft.
(9) Has posted or displayed applicable licenses and permits.
(10) Maintains current maps and navigational aids.
(11) Collects and maintains records of the following data:
(i) The time of initial and subsequent air ambulance request calls.
(ii) The name of the party or agency requesting the air ambulance service and a verification phone number.
(iii) Pertinent patient medical information.
(iv) The names of referring and receiving physicians at hospitals.
(v) The landing and destination sites.
(vi) The details of needed ground transportation arrangements at pickup and landing sites.
(vii) The times and reasons for aborted or missed flights.
(viii) The details of coordination with ground personnel for landing and receipt of the aircraft.
(ix) Other data pertinent to the air ambulance service's specific needs for completing activity review reports.
(k) Community education program requirements.
(1) An air ambulance service shall develop a professional and community education program that will promote proper air medical service utilization.
(2) The educational program shall include the following:
(i) Communication to the public that the air ambulance service accepts medically necessary calls from authorized personnel and does not discriminate against a person because of race, creed, sex, color, age, religion, national origin, ancestry, medical problem, handicap or ability to pay.
(ii) A safety program covering landing site designation and safe conduct around the air ambulance, which shall be offered to appropriate agencies and individuals.
(iii) Training regarding stabilization and preparation of the patient for airborne transport, which shall be provided to prehospital personnel.
(iv) An active community relations program.
(l) Medical command notification. An air ambulance service shall identify, to the regional EMS council having responsibility in the region out of which it operates, the prehospital personnel used by it that have medical command authorization in the region for that air ambulance service. The service shall also notify the regional EMS council when a prehospital practitioner loses medical command authorization for that air ambulance service.
(m) Monitoring compliance. An air ambulance service shall monitor compliance with all requirements that the act and this part impose upon the air ambulance service and its staff. An air ambulance service shall file a written report with the Department if it determines that a prehospital practitioner who is a member of the air ambulance service, or who has recently left the air ambulance service, has engaged in conduct not previously reported to the Department, for which the Department may impose disciplinary sanctions under § 1003.27 (relating to disciplinary and corrective action). The duty to report pertains to conduct that occurs during a period of time in which the prehospital practitioner is functioning for the air ambulance service.
(n) Policies and procedures. An air ambulance service shall maintain written policies and procedures addressing each of the requirements imposed by this section, as well as the requirements imposed by §§ 1001.41, 1001.42 and 1001.65 (relating to data and information requirements for ambulance services; dissemination of information; and cooperation), and shall also maintain written policies and procedures addressing infection control, management of personnel safety, substance abuse in the workplace and the placement and operation of its air ambulances.
§ 1007.8. Disciplinary and corrective actions.
(a) The Department may, in compliance with proper administrative procedure, reprimand, or suspend, revoke or refuse to issue a license, or issue a provisional or temporary license as permitted by §§ 1005.8 and 1005.9 (relating to provisional license; and temporary license) for the following reasons:
(1) A serious violation of the act or this part. A serious violation is one which poses a continued significant threat to the health and safety of the public.
(2) Failure of the licensee or applicant to submit a reasonable timetable to correct deficiencies and violations cited by the Department.
(3) The existence of a continuing pattern of deficiencies over a period of 3 or more years.
(4) Fraud or deceit in obtaining or attempting to obtain a license.
(5) Lending a license or borrowing or using the license of another, or knowingly aiding or abetting the improper granting of a license.
(6) Incompetence, negligence or misconduct in operating the ambulance service or in providing EMS to patients.
(7) Failure to secure an air ambulance medical director and ensure that the air ambulance medical director exercises the responsibilities in § 1003.5(a) (relating to ALS service medical director).
(8) Failure to have appropriate medical equipment and supplies required for licensure as identified in § 1007.7(b) (relating to licensure and general operating requirements).
(9) Failure of the air ambulance service to have an aircraft equipped in compliance with § 1007.7(a).
(10) Failure of the aircraft operator to maintain required FAA certifications.
(11) Failure to employ a sufficient number of certified, recognized or licensed personnel to provide service 24 hours-a-day, 7 days-a-week.
(12) Failure of the air ambulance service to be available 24 hours-a-day, 7 days-a-week to authorized callers within the service area. Exceptions to this requirement include unsafe weather conditions, commitment to another flight, grounding due to maintenance or other reasons that would prevent response. The air ambulance service shall maintain a record of each failure to respond to a request for service, and make the record available upon request to the Department. Financial inability to pay does not constitute sufficient grounds to deny response for emergency air service.
(13) Failure to notify the Department of the change of ownership or aircraft operation.
(14) Abuse or abandonment of a patient.
(15) Unauthorized disclosure of medical or other confidential information.
(16) Willful preparation or filing of false medical reports or records, or the inducement of another to do so.
(17) Destruction of medical records.
(18) Refusal to render EMS because of a patient's race, sex, creed, national origin, sexual preference, age, handicap, medical problem or financial inability to pay.
(19) Failure to comply with regional EMS council transfer and medical treatment protocols.
(20) Misuse or misappropriation of drugs/medication.
(21) Repeated failure to communicate with a PSAP as required by § 1007.7(e).
(22) Failure to continue to meet standards applicable to the issuance of the license.
(b) Upon receipt of a written complaint describing conduct for which the Department may take disciplinary action against an air ambulance service, the Department will:
(1) Initiate an investigation of the specific charges.
(2) Provide the air ambulance service with a copy of the complaint and request a response unless the Department determines that disclosure to the air ambulance service of the complaint will compromise the investigation or would be inappropriate for some other reason.
(3) Develop a written report of the investigation.
(4) Notify the complainant of the results of the investigation of the complaint, as well as the air ambulance service if the air ambulance service has been officially apprised of the complaint or investigation. This notification does not include providing a copy of the written report developed under paragraph (3).
(c) The Department will provide public notification of sanctions it imposes upon an air ambulance service license.
§ 1007.9. (Reserved).
CHAPTER 1009. MEDICAL COMMAND FACILITIES § 1009.1. Operational criteria.
To qualify as a medical command facility, an institution shall comply with the following criteria:
(1) Employ a medical command facility medical director who meets the requirements specified in § 1003.3(b) (relating to medical command facility medical director).
(2) Employ sufficient staff to ensure that at least one approved medical command physician, meeting the requirements specified in § 1003.4(b) (relating to medical command physician), is present in the facility 24 hours-a-day, 7 days-a-week.
(3) Satisfy the following communication and recordkeeping requirements:
(i) Compatibility with regional telecommunication systems plans, if in place.
(ii) Communication by way of telecommunications equipment/radios with BLS and ALS units within the area in which medical command is exercised.
(iii) Tape recording of medical command communications.
(iv) Maintenance of a medical command record, containing appropriate information on patients for whom medical command is sought.
(v) An appropriate program for training emergency department staff in the effective use of telecommunication equipment.
(vi) Protocols to provide for prompt response to requests from prehospital personnel for radio or telephone medical guidance, assistance or advice.
(4) Accurately and promptly relay information regarding patients to the appropriate receiving facility.
(5) Adhere to transfer and medical treatment protocols established by the regional EMS council, or, when dealing with an air ambulance service, as approved by the Department.
(6) Establish a program of regular case audit conferences involving the medical command facility medical director or the director's designee and prehospital personnel for purposes of problem identification, and a process to correct identified problems.
(7) Obtain a contingency agreement with at least one other medical command facility to assure availability of medical command.
(8) Establish internal procedures that comply with regional EMS transfer and medical treatment protocols.
(9) Notify PSAPs, through which it routinely receives requests for medical command, when it will not have a medical command physician available to provide medical command.
(10) Establish a plan to ensure that medical command is available at all times during mass casualty situations, natural disasters and declared states of emergency.
(11) Participate in the regional EMS council's quality improvement program for monitoring the delivery of EMS.
(12) Adopt procedures for maintaining medical command communication records and tapes under § 117.43 (relating to medical records), and maintain tapes of medical command communications for at least 180 days.
(13) Employ sufficient administrative support staff to enable the institution to carry out its essential duties which include, but are not limited to: audits, equipment maintenance and processing and responding to complaints.
(14) Establish a program of training for medical command physicians, prehospital personnel and emergency department staff.
(15) Provide medical command to prehospital personnel whenever they seek direction.
§ 1009.2. Recognition process.
(a) To qualify for the civil immunity protection afforded by section 11(j)(4) of the act (35 P. S. § 6931(j)(4)), a facility shall secure recognition as a medical command facility from the Department. To secure recognition as a medical command facility, a facility shall submit an application to the Department through a regional EMS council exercising responsibility for an EMS region in which the applicant intends to provide medical command through medical command physicians who function under its auspices. Application for medical command facility recognition shall be made on forms prescribed by the Department.
(b) The regional EMS council will review the application for completeness.
(c) If the application is complete, the regional EMS council shall conduct an onsite inspection of the applying facility to verify information contained within the application and to complete a physical inspection of the medical command area.
(d) After completing its review, the regional EMS council shall forward a copy of its recommendation to the Department and to the applying facility. If the applying facility disagrees with the recommendation of the regional EMS council, it may submit a written rebuttal to the Department.
(e) The Department will review the application, information and recommendation submitted by the regional EMS council, and the rebuttal statement, if any, submitted by the applying facility, and will make a decision within 60 days from the time of its receipt of the regional EMS council's recommendation to grant or deny recognition.
(f) The Department may review and inspect facilities to aid it in making medical command facility recognition decisions.
(g) If the applying facility disagrees with the decision by the Department, it may appeal the decision under 1 Pa. Code § 35.20 (relating to appeals from actions of the staff) if the decision was not issued by the agency head as defined in 1 Pa. Code § 31.3 (relating to definitions) and, if it disagrees with the decision of the agency head, it may file an appeal under 2 Pa.C.S. §§ 501--508 and 701--704 (relating to Administrative Agency Law).
(h) Recognition as a medical command facility shall be valid for 3 years. A facility shall file an application for renewal of its recognition as a medical command facility 60 days prior to expiration of the medical command facility's recognition from the Department. Failure to apply for renewal of recognition in a timely manner may result in the facility having a lapse in the civil immunity protection afforded by section 11(j)(4) of the act.
§ 1009.3. (Reserved).
§ 1009.4. Withdrawal of medical command facility recognition.
(a) The Department may withdraw medical command facility recognition if the facility fails to continue to meet the standards for a medical command facility in § 1009.1 (relating to operational criteria).
(b) The Department will conduct inspections of a medical command facility from time to time, as deemed appropriate and necessary, including when necessary to investigate a complaint or a reasonable belief that violations of this part may exist.
(c) If the facility fails to continue to meet the standards for a medical command facility in § 1009.1, as an alternative to rescinding medical command facility recognition, the Department may request the facility to submit a plan of correction to correct the deficiencies. The procedures are as follows:
(1) The Department will give written notice to the facility and the regional EMS council of the deficiencies.
(2) The facility shall have 30 days in which to respond to the Department with a plan to correct the deficiencies.
(3) The Department will review the plan of correction and, if the plan is found to be acceptable, the Department may make an onsite reinspection in accordance with the time frame given in the plan of correction.
(4) Within 30 days after the review of the plan of correction, as well as 30 days after the reinspection, the Department will give written notice to the facility and the regional EMS council of the results of the Department's review of the plan of correction and reinspection.
(d) Upon receipt of a written complaint describing conduct for which the Department may withdraw medical command facility recognition, the Department will:
(1) Initiate an investigation of the specific charges.
(2) Provide the medical command facility with a copy of the complaint and request a response unless the Department determines that disclosure to the medical command facility of the complaint will compromise the investigation or would be inappropriate for some other reason.
(3) Develop a written report of the investigation.
(4) Notify the complainant of the results of the investigation of the complaint, as well as the medical command facility if the medical command facility has been officially apprised of the complaint or investigation. This notification does not include providing a copy of the written report developed under paragraph (3).
§ 1009.5. Review of medical command facilities.
The regional EMS councils shall conduct a review of medical command facilities as requested by the Department, and at other times may inspect medical command facilities. These reviews and inspections shall be conducted to audit for continued compliance with, at a minimum, the criteria in § 1009.1 (relating to operational criteria) as directed by the Department.
§ 1009.6. Discontinuation of service.
A medical command facility may not discontinue medical command operations without providing 90 days advance written notice to the Department, regional EMS councils responsible for regions in which the medical command facility routinely provides medical command and providers of EMS for which it routinely provides medical command.
CHAPTER 1011. ACCREDITATION OF
EMS TRAINING INSTITUTES§ 1011.1. EMS training institutes.
(a) Eligible entity. An EMS training institute shall be accredited by the Department. An EMS training institute shall be a secondary or postsecondary institution, hospital, regional EMS council or another entity which meets the criteria in this part.
(b) Training programs.
(1) An EMS training institute that is accredited by the Department to offer BLS training courses (BLS training institute) shall evidence the ability to conduct one or more of the following training programs approved by the Department:
(i) Emergency Medical Technician Course.
(ii) EMS First Responder Course.
(2) An EMS training institute that is accredited by the Department to offer ALS training courses (ALS training institute) shall evidence the ability to conduct one or more of the following training programs approved by the Department:
(i) Emergency Medical Technician-Paramedic Course.
(ii) Prehospital Registered Nurse Course.
(c) Medical director.
(1) AN EMS training institute shall have a medical director who is a physician. The medical director shall be experienced in emergency medical care, and shall have demonstrated ability in education and administration.
(2) The responsibilities of the medical director shall include:
(i) Reviewing course content to ensure compliance with this part.
(ii) Reviewing and approving the EMS training institute's criteria for the recruitment, selection and orientation of training institute faculty.
(iii) Providing technical advice and assistance to the EMS training institute faculty and students.
(iv) Reviewing the quality and medical content of the education, and compliance with protocols.
(v) Participating in the review of new technology for training and education.
(3) Additional responsibilities for a medical director of an ALS training institute include:
(i) Approving the content of course written and practical skills examinations.
(ii) Identifying and approving facilities where students are to fulfill clinical and field internship requirements.
(iii) Identifying and approving individuals to serve as field and clinical preceptors to supervise and evaluate student performance when fulfilling clinical and field internship requirements.
(iv) Signing skill verification forms for students who demonstrate the knowledge and skills required for successful completion of the training course and entry level competency for the prehospital practitioner for which the training course is offered.
(d) Administrative director.
(1) A BLS training institute shall have an administrative director who has at least 1 year experience in administration and 1 year experience in prehospital care.
(2) An ALS training institute shall have an adminstrative director who has at least 1 year experience in administration and 1 year experience in ALS prehospital care.
(3) Responsibilities of the administrative director include ensuring:
(i) The adequacy of the system for processing student applications and the adequacy of the student selection process.
(ii) The adequacy of the process for the screening and selection of instructors for the EMS training institute.
(iii) The EMS training institute maintains an adequate inventory of necessary training equipment and that the training equipment is properly prepared and maintained.
(iv) The adequate administration of the course and written and practical skills examinations involved in the course.
(v) There is an adequate system for the maintenance of student records and files.
(vi) There is an appropriate mechanism to resolve disputes between students and faculty.
(e) Course coordinator.
(1) The EMS training institute shall designate a course coordinator for each training course conducted by the training institute.
(2) A course coordinator shall have:
(i) Reading and language skills commensurate with the resource materials to be utilized in the course.
(ii) Knowledge of the Statewide BLS medical treatment protocols.
(3) A course coordinator for an ALS training course shall also satisfy the following requirements:
(i) One year experience in directly providing ALS prehospital care as an EMT-paramedic or a health professional.
(ii) Have knowledge of the ALS transfer and medical treatment protocols for the region.
(4) A course coordinator is responsible for the management and supervision of each training course offered by the training institute for which that individual serves as a course coordinator.
(5) Specific duties of a course coordinator shall be assigned by the EMS training institute.
(6) One person may serve both as the administrative director and a course coordinator.
(f) Instructors.
(1) An EMS training institute shall ensure the availability of qualified and responsible instructors for each training course.
(2) An instructor shall be 18 years of age or older, and possess a high school diploma or GED equivalent.
(3) At least 75% of the instruction provided in training courses shall be provided by instructors who are health professional physicians or prehospital personnel and who have at least 1 year of experience as a health professional physician or a prehospital practitioner above the level of a first responder and at or above the level they are teaching, and have successfully completed an EMS instructor course approved by the Department or possess a bachelor's degree in education or a teacher's certification in education; or be determined by a review body of the training institute to meet or exceed these standards.
(4) An instructor who does not satisfy the requirements in paragraph (3) shall be qualified to provide the instructional services offered as determined by the training institute after consulting the manual the Department prepares to provide guidance regarding instructor qualifications and with the appropriate regional EMS council.
(5) Instructors are responsible for presenting course materials in accordance with the curriculum established by this part.
(g) Clinical preceptors.
(1) An ALS training institute shall ensure the availability of clinical preceptors for each training course.
(2) A clinical preceptor is responsible for the supervision and evaluation of students while fulfilling clinical requirements for a training program.
(3) A BLS training institute shall ensure the availability of clinical preceptors for each training course that includes clinical activities outside of the classroom.
(h) Field preceptors.
(1) An ALS training institute shall ensure the availability of field preceptors for each student.
(2) A BLS training institute shall ensure the availability of a field preceptor for each student for whom it provides a field internship.
(3) A field preceptor is responsible for the supervision and evaluation of students while fulfilling a field internship for a training program.
(i) Facilities and equipment. An EMS training institute shall:
(1) Maintain educational facilities necessary for the provision of training courses. The facilities shall include classrooms and space for equipment storage, and shall be of sufficient size and quality to conduct didactic and practical skill performance sessions.
(2) Provide and maintain the essential equipment and supplies to administer the course. These shall be identified in the manual the Department develops to provide guidance regarding course administration.
(j) Operating procedures. An EMS training institute shall:
(1) Adopt and implement a nondiscrimination policy with respect to student selection and faculty recruitment.
(2) Maintain a file on each enrolled student which includes class performance, practical and written examination results, and reports made concerning the progress of the student during the training program.
(3) Provide a mechanism by which students may grieve decisions made by the institute regarding dismissal or other disciplinary action.
(4) Provide students with Department policies for testing leading to certification or recognition, the EMS training institute's policies for the prevention of sexual harassment, and a clear description of the program and its content, including learning goals, course objectives and competencies to be attained.
(5) Have a policy regarding the transfer of a student into or out of a training program from one EMS training institute to another.
(6) Have a continuing quality improvement process in place for students, instructors, and clinical evaluation.
(7) Require each student applicant to complete an application for enrollment and a criminal history disclosure form provided by the Department and, no later than 14 days after the first class session, forward a copy of both documents to the regional EMS council having responsibility in the EMS region where the EMS training institute operates.
(8) Prepare a course completion form for each student who successfully completes the training course and, no later than 14 days after the training course has concluded, forward that form to the regional EMS council having responsibility in the EMS region where the EMS training institute operates.
(9) Participate in EMS training institute system evaluation activities as requested by the Department.
§ 1011.2. (Reserved).
§ 1011.3. Accreditation process.
For an EMS training institute to be accredited by the Department, the following are required:
(1) The applicant shall submit an application for accreditation on forms developed by the Department to the regional EMS council having responsibility in the EMS region where the EMS training institute intends to conduct its primary operations. An applicant for reaccreditation shall submit the application at least 180 days, but not more than 1 year, prior to expiration of the current accreditation.
(2) The regional EMS council shall review the application for completeness and accuracy.
(3) The regional EMS council shall have 45 days in which to review the application and to conduct an onsite assessment of the institute.
(4) The regional EMS council shall forward to the Department the application for accreditation either with an endorsement or with an explanation as to why the application has not been endorsed.
(5) Within 150 days of receipt, the Department will review the application and make one of the following determinations:
(i) Full accreditation. The EMS training institute meets the criteria in § 1011.1 (relating to EMS training institutes) as applicable, and will be accredited to operate for 3 years.
(ii) Conditional accreditation. The EMS training institute does not meet criteria in § 1011.1 as applicable, but the deficiencies identified are deemed correctable by the Department. The EMS training institute will be allowed to proceed or continue to provide accredited EMS education with close observation by the Department. Deficiencies which prevent full accreditation shall be enumerated and corrected within a time period specified by the Department. Conditional accreditation may not exceed 1 year, and may not be renewed.
(iii) Nonaccreditation. The institute does not meet criteria in § 1011.1 and the deficiencies identified are deemed to be serious enough to preclude any type of accreditation.
(6) EMS training institutes that have received full or conditional accreditation shall submit status reports to the Department as requested.
(7) Prior to and during accreditation, EMS training institutes are subject to review, including inspection of records, facilities and equipment by the Department. An authorized representative of the Department may enter, visit and inspect an accredited EMS training institute or a facility operated by or in connection with the EMS training institute, with or without prior notification. The Department may accept the survey results of another accrediting body if the Department determines that the accreditation standards of the other accrediting body are equal to or exceed the standards in this chapter, and that the survey process employed by the other accrediting body is adequate to gather the information necessary for the Department to make an accreditation decision.
(8) An EMS training institute shall advise the Department at least 90 days prior to an intended change of ownership, or control of the institute. Accreditation is not transferable to new owners or controlling parties.
(9) An EMS training institute that intends to conduct courses leading to initial certification or recognition, in an EMS region under the jurisdiction of a regional EMS council other than that through which it submitted its application for accreditation, shall file a written application to amend its accreditation with the regional EMS council having responsibility for the region in which it intends to conduct these courses. That application shall be processed by that regional EMS council and acted upon by the Department within 90 days.
§ 1011.4. Denial, restriction or withdrawal of accreditation.
(a) The Department may deny, withdraw or condition the accreditation of an EMS training institute for one or more of the following:
(1) Failure to maintain compliance with the applicable criteria in § 1011.1 (relating to EMS training institutes).
(2) An absence of students in the program for 2 consecutive years.
(b) Before denying or withdrawing accreditation, or granting conditional accreditation, the Department will give written notice to the institute's administrative director and the regional EMS council that the action is contemplated. The notice will identify reasons for the intended decision and will provide sufficient time for response.
(c) If an institute that applies for accreditation, or has its accreditation withdrawn or conditioned, disagrees with the decision of the Department, it may appeal the decision under 1 Pa. Code § 35.20 (relating to appeals from actions of the staff) if the decision was not issued by the agency head as defined in 1 Pa. Code § 31.3 (relating to definitions) and, if it disagrees with the decision of the agency head, it may file an appeal under 2 Pa.C.S. §§ 501--508 and 701--704 (relating to Administrative Agency Law).
(d) Upon receipt of a written complaint describing conduct for which the Department may withdraw EMS training institute accreditation, the Department will:
(1) Initiate an investigation of the specific charges.
(2) Provide the EMS training institute with a copy of the complaint and request a response unless the Department determines that disclosure to the EMS training institute of the complaint will compromise the investigation or would be inappropriate for some other reason.
(3) Develop a written report of the investigation.
(4) Notify the complainant of the results of the investigation of the complaint, as well as the EMS training institute if the training institute has been officially apprised of the complaint or investigation. This notification does not include providing a copy of the written report developed under paragraph (3).
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