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.