35 Pa.C.S. Ch. 75

in effect

35 Pa.C.S. § 75A01 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: "Cooperating officials and agencies." Includes the following: (1) The Department of Human Services of the Commonwealth. (2) A county mental health office located within this Commonwealth. (3) The State Fire Commissioner. (4) The Department of Drug and Alcohol Programs of the Commonwealth. "Corrections officer." A full-time employee assigned to the Department of Corrections whose principal duty is the care, custody and control of inmates of a penal or correctional institution operated by the Department of Corrections. "Critical incident." A situation to which an emergency responder responds that presents or involves either the death or serious bodily injury of an individual, or the imminent potential of death or serious bodily injury of an individual, or any situation faced by an emergency responder in the course of duty which causes or may cause the emergency responder to experience strong negative emotional reactions. "Critical incident stress management network." A network that meets the requirements of membership with the Pennsylvania Voluntary Critical Incident Stress Management Network as administered by the department. "Department." The Department of Health of the Commonwealth. "Emergency responder." Any of the following: (1) A current or former certified emergency medical services provider, current or former member of an emergency medical services agency, fire company or rescue company. (2) A peace officer. (3) A 911 dispatcher. (4) A coroner or medical examiner who responds in an official capacity to an emergency. (5) A corrections officer. "Mental wellness and stress management guidelines." A plan that: (1) Requires education and training on traumatic brain injuries and traumatic stress, including acute stress reactions, acute stress disorder, post-traumatic stress injuries and other emotional reactions and components of trauma reaction for emergency responders. (2) Sets responsibilities for public agencies and emergency responders who sustain a post-traumatic stress injury or traumatic brain injury arising from their work. (3) Provides remedial supportive actions for public agencies in response to a report of a post-traumatic stress injury or traumatic brain injury sustained by an emergency responder. "Peace officer." As defined in 18 Pa.C.S. § 501 (relating to definitions). "Peer-to-peer support program." A regional peer support service program established under section 75A03 (relating to peer-to-peer support programs) which offers services: (1) designated by the department to be used in: (i) recognizing the symptoms of a mental health condition, including those caused by a critical incident; and (ii) making a behavioral health referral through an employee assistance program or other mental health agency for treatment by a licensed behavioral health professional; and (2) delivered by a trained peer support provider. "Post-traumatic stress injury." A post-traumatic stress disorder as defined by the American Psychiatric Association and documented in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, 5th edition. "Public agency." As defined under section 5302 (relating to definitions). "Secretary." The Secretary of Health of the Commonwealth. "Trained peer support provider." An emergency responder who has the training, credentials or experience to provide support and advocacy services and is recognized by the department under this chapter.

35 Pa.C.S. § 75A02 Mental wellness and stress management guidelines.

(a) General rule.--The secretary, in consultation with cooperating officials and agencies, shall develop mental wellness and stress management guidelines to assist emergency responders who: (1) Suffer or may have suffered post-traumatic stress injuries or traumatic brain injuries as a result of their employment. (2) Have been exposed to critical incidents. (b) Compliance.--Emergency responders and public agencies for which emergency responders perform their duties shall comply with the guidelines established under this section. Effective Date. Section 5(1) of Act 69 of 2020 provided that the addition of subsec. (b) shall take effect in 180 days.

35 Pa.C.S. § 75A03 Peer-to-peer support programs.

(a) Establishment of peer-to-peer support programs.--Notwithstanding any other provision of law, the secretary shall establish at least one regional peer-to-peer support service program within the service area of each of the department's regional or district offices located in this Commonwealth. (b) Cooperative establishment.--The secretary shall establish the peer-to-peer support programs in conjunction with cooperating officials and agencies and any other entities designated by the department. (c) Access.--The department shall, if possible, establish the peer-to-peer support programs in a manner that ensures access to a program by all emergency responders within this Commonwealth. (d) Services.--Services provided by a peer-to-peer support program shall include peer-to-peer support for all of the following: (1) Mental health issues, including treatment and recovery support for post-traumatic stress injuries, traumatic brain injury and depression. (2) Alcohol, substance abuse or chemical dependence treatment and recovery support, including treatment planning, recovery coaching and relapse prevention. (3) Sexual abuse trauma. (4) Workplace abuse. (5) Co-occurring disorders. (6) Any other support service which the department deems necessary. (e) Critical incident stress management.--The program shall incorporate critical incident stress management intervention. Cross References. Section 75A03 is referred to in sections 75A01, 75A04 of this title.

35 Pa.C.S. § 75A04 Trained peer support providers.

(a) Establishment.--The department, in conjunction with cooperating officials and agencies, shall develop and establish guidelines for the recruitment and training of entities capable of providing peer-to-peer support under section 75A03 (relating to peer-to-peer support programs). (b) Contents.--The guidelines shall include the establishment of minimum qualifications as a trained peer support provider. (c) Credentialing requirement.--The department shall establish a clear credentialing requirement and a certificate evidencing a trained peer support provider's qualifications. (d) Procedure.--A procedure shall be established for the suspension or revocation of credentials.

35 Pa.C.S. § 75A05 Toll-free helpline.

(a) General rule.--The department shall: (1) Establish a toll-free helpline to respond to calls from emergency responders who have been involved in a critical incident or are dealing with mental wellness issues. (2) Obtain the toll-free telephone number 866-1ST-HELP for such purposes. If the telephone number 866-1ST-HELP is not available, the department shall obtain a substantially similar telephone number acronym for such purposes. (3) Permit persons to provide information anonymously, should they choose to do so. (4) Ensure the confidentiality of the names of callers, information discussed during the call and any referrals for further services. (b) Helpline operators.--An operator of the helpline must be an individual adequately trained in identifying post-traumatic stress injuries and other emotional and psychological reactions common to emergency responders or capable of making an appropriate referral to either a peer-to-peer support program or a licensed behavioral health professional for further mental health evaluation or care. (c) Posting.--A sign shall be posted at all sites where emergency responders serve and shall: (1) Be no smaller than 8 1/2 by 11 inches. (2) Be posted in a conspicuous manner clearly visible to emergency responders. (3) Include the following information: (i) The toll-free telephone number, which must be printed in bold type and large font. (ii) Notice that callers may provide information anonymously if they choose to do so. (d) Online access to sign.--The department and cooperating officials and agencies shall provide the sign on their respective publicly accessible Internet websites for any person to print as needed.

35 Pa.C.S. § 75A06 Statewide Critical Incident Stress Management Program.

(a) Establishment.--The department, in consultation with the Pennsylvania Emergency Health Services Council's Critical Incident Stress Management Committee, which shall consist of representatives of emergency responders and the Pennsylvania Critical Incident Stress Management Network, shall establish a Statewide Critical Incident Stress Management Program to: (1) Identify the emotional impact that external and internal critical incidents have on this Commonwealth's emergency responders. (2) Prepare a response to event-driven situations affecting the emotional well-being of emergency responders. (3) Update the Critical Incident Stress Management Team level participation in the Pennsylvania Voluntary Critical Incident Stress Management Network. (b) (Reserved).

35 Pa.C.S. § 75A07 Trauma and suicide awareness and impact training.

(a) Training required.--The department shall develop a program of trauma and suicide awareness and impact training. The department may partner or contract with a third-party entity to provide the necessary training. The department shall require trauma and suicide awareness and impact training as a component of initial and continuing education for EMS providers and shall make the training available to other emergency responders. (b) Training topics.--Trauma and suicide awareness and impact training shall include the following: (1) Education on stress management. (2) Critical incidents. (3) Signs and symptoms of post-traumatic stress injury. (4) Vicarious trauma. (5) Substance abuse and addiction. (6) Warning signs of depression and suicide and any other relevant topics as determined by the department. (7) The availability of additional resources, including the resources created under this chapter.

35 Pa.C.S. § 75A08 Nonprofit organizations.

Nothing under this chapter shall prohibit the department or cooperating officials and agencies from contracting with nonprofit organizations to offer support services to eligible emergency responders in accordance with this chapter.

35 Pa.C.S. § 75A09 Publication.

The department and cooperating officials and agencies shall post on their respective publicly accessible Internet websites the contact information of entities offering support services under this chapter and shall update the posting annually.

35 Pa.C.S. § 75A10 Confidential communications involving emergency responders.

(a) Disclosure.--Except as provided under subsection (b), a trained peer support provider or coparticipant present during peer support services or a helpline operator may not disclose any information regarding an emergency responder without the consent of the emergency responder. (b) Exceptions.--The privilege established under subsection (a) shall not apply if any of the following apply: (1) The trained peer support provider or helpline operator reasonably believes a clear and present danger exists to the emergency responder or to other individuals. (2) The emergency responder has given express consent to disclose information. (3) The emergency responder is deceased and the surviving spouse or the executor or administrator of the estate of the deceased emergency responder has given express consent.

35 Pa.C.S. § 75A11 Funding.

The department may expend annually an amount not to exceed $250,000 from the money allocated to the Catastrophic Medical and Rehabilitation Fund for victims of trauma.

35 Pa.C.S. § 7501 General authority of political subdivisions.

(a) Establishing emergency management organization.--Each political subdivision of this Commonwealth is directed and authorized to establish a local emergency management organization in accordance with the plan and program of the Pennsylvania Emergency Management Agency. Each local organization shall have responsibility for emergency management, response and recovery within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such services outside of its jurisdictional limits as may be required under this part. (b) Declaration of disaster emergency.--A local disaster emergency may be declared by the governing body of a political subdivision upon finding a disaster has occurred or is imminent. The governing body of a political subdivision may authorize the mayor or other chief executive officer to declare a local disaster emergency subject to ratification by the governing body. The declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing body of the political subdivision. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the agency. The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local emergency management plans and to authorize the furnishing of aid and assistance thereunder. (c) Contracts and obligations.--In carrying out the provisions of this part, each political subdivision shall have the power to enter into contracts and incur obligations necessary to disaster emergency management, response and recovery. (d) Temporary suspension of formal requirements.--Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this section in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds. Notwithstanding any other provision of law, the governing body of a political subdivision shall not be required to have a quorum physically present at any one location in order to conduct business if a quorum is otherwise established by the participating members through an authorized telecommunication device. (e) Employment of personnel.--In order to meet prescribed requirements for eligibility to receive Federal contributions authorized under the provisions of the Federal Civil Defense Act of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any amendment or reenactment thereof, political subdivisions are authorized to avail themselves of services offered by the State Civil Service Commission under the provisions of the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," in connection with the employment of personnel in local organizations established pursuant to the provisions of this part. (July 13, 1988, P.L.501, No.87, eff. imd.; Apr. 20, 2020, P.L.82, No.15, eff. imd.) 2020 Amendment. Act 15 amended subsec. (d). References in Text. The act of August 5, 1941 (P.L.752, No.286), known as the Civil Service Act, referred to in subsec. (e), was repealed by the act of June 28, 2018 (P.L.460, No.71). The subject matter is now contained in Part III of Title 71 (State Government). Cross References. Section 7501 is referred to in sections 5741, 7707 of this title.

35 Pa.C.S. § 7502 Local coordinator of emergency management.

(a) General rule.--Each local organization of emergency management shall have a coordinator who shall be responsible for the planning, administration and operation of the local organization subject to the direction and control of the executive officer or governing body. (b) County coordinator.--A coordinator shall be appointed in all counties with approval of the director of the agency. The executive officer or governing body of the county shall recommend a coordinator whose recommendation must be endorsed by the director of the agency prior to appointment by the Governor. Upon failure of the executive officer or governing body of the county to make a recommendation of a person for coordinator within the time fixed by the agency, the Governor is authorized to appoint a coordinator based upon the recommendation of the director of the agency. The coordinator of the county organization shall not be assigned any duties that will conflict with his duty as coordinator. (c) Local level.--At the local level, the coordinator shall be appointed by the Governor upon the recommendation of the executive officer or governing body of the political subdivision. Upon the failure of the executive officer or governing body of a political subdivision to make a recommendation to the Governor of a candidate for coordinator within the time fixed by the agency, the Governor is authorized to appoint a coordinator without any recommendation. A candidate for coordinator for two or more political subdivisions may be recommended to the Governor for appointment upon agreement by resolution of the governing bodies of such political subdivisions. Any other law notwithstanding, a local government official may be recommended for appointment. (d) Qualifications.--The coordinator shall be professionally competent and capable of planning, effecting coordination among operating agencies of government and controlling coordinated operations by local emergency preparedness forces. (e) In-service training.--Each appointed coordinator shall: (1) Attend and successfully complete the first phase of the career development program as prescribed by the agency within one year after appointment. (2) Attend and successfully complete the second phase of the career development program as prescribed by the agency within three years after appointment. (3) Attend basic and advanced seminars, workshops and training conferences called by the State director and/or official having responsibility for providing the coordinator with in-service training. Failure to attend the instruction described in this subsection or failure to attend a prescribed training conference for a period of two consecutive years shall be cause for replacement. The State Director of Emergency Management may grant credit toward meeting the requirements of this subsection to appointed local coordinators on the basis of prior experience and training. (f) Responsibility for training.--Responsibility for the professional in-service training of each coordinator rests with each successive higher political subdivision than the one in which the coordinator is functioning. (g) Expenses.--Each appointed coordinator shall be reimbursed for actual expenses incurred in the performance of his duties and attendance at scheduled meetings. Cross References. Section 7502 is referred to in section 7707 of this title.

35 Pa.C.S. § 7503 Powers and duties of political subdivisions.

Each political subdivision shall, either individually or pursuant to the provisions of the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, adopt an Intergovernmental Cooperation agreement with other political subdivisions to: (1) Prepare, maintain and keep current a disaster emergency management plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan. (2) Establish, equip and staff an emergency operations center, consolidated with warning and communication systems to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency functions. (3) Provide individual and organizational training programs to insure prompt, efficient and effective disaster emergency services. (4) Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery. (5) Adopt and implement precautionary measures to mitigate the anticipated effects of disaster. (6) Execute and enforce such rules and orders as the agency shall adopt and promulgate under the authority of this part. (7) Cooperate and coordinate with any public and private agency or entity in achieving any purpose of this part. (8) Have available for inspection at its emergency operations center all emergency management plans, rules and orders of the Governor and the agency. (9) Provide prompt and accurate information regarding local disaster emergencies to appropriate Commonwealth and local officials and agencies and the general public. (10) Participate in all tests, drills and exercises, including remedial drills and exercises, scheduled by the agency or by the Federal Government. (11) Participate in the program of integrated flood warning systems under section 7313(6) (relating to powers and duties). (July 13, 1988, P.L.501, No.87, eff. imd.) 1988 Amendment. Act 87 amended the intro. par. and added pars. (10) and (11). References in Text. The act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, referred to in the introductory paragraph, was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Title 53 (Municipalities Generally). Cross References. Section 7503 is referred to in section 7707 of this title.

35 Pa.C.S. § 7504 Coordination, assistance and mutual aid.

(a) Responsibility for direction and coordination.--Direction of disaster emergency management services is the responsibility of the lowest level of government affected. When two or more political subdivisions within a county are affected, the county organization shall exercise responsibility for coordination and support to the area of operations. When two or more counties are involved, coordination shall be provided by the agency or by area organizations established by the agency. (b) Assistance from higher government unit.--When all appropriate locally available forces and resources are fully committed by the affected political subdivision, assistance from a higher level of government shall be provided. (c) Municipal mutual aid agreements.--County and local coordinators of emergency management shall develop mutual aid agreements with adjacent political subdivisions for reciprocal emergency assistance. The agreements shall be consistent with the plans and programs of the agency. In disaster emergencies, requests for mutual aid assistance shall be referred to the organization having responsibility for coordination as specified in subsection (a) and in time of emergency it shall be the duty of each local organization to render assistance in accordance with the provisions of the mutual aid agreements. (d) Interstate mutual aid arrangements.--The coordinator of each local organization may, subject to approval of the Governor, enter into mutual aid arrangements with similar agencies or organizations in other states for reciprocal disaster emergency services. (e) Ratification of agreements.--Mutual aid agreements shall be ratified by the governing bodies of the political subdivisions involved. (f) Control of outside support forces.--Support forces furnished political subdivisions from outside its jurisdiction shall be under the operational control of the department, agency or office furnishing the force. Cross References. Section 7504 is referred to in section 7707 of this title.

35 Pa.C.S. § 7511 Appropriations by political subdivisions.

(a) General rule.--Every political subdivision shall have the power to make appropriations for the payment of expenses of the local organization in the manner provided by law for making appropriations for the ordinary expenses of the political subdivision. In making appropriations, the political subdivision shall specify the amounts and purposes for which the moneys appropriated may be used by the organization to or for which such appropriation may be made. (b) Two or more local organizations.--Nothing in this subchapter or any other provision of this part shall be deemed to limit the power of any political subdivision to appropriate money for the purpose of paying the expenses of a local organization having jurisdiction both within and without the political subdivision even though an appropriation has been or is to be made to another local organization coterminous with or having jurisdiction within the political subdivision. Payments on account of an appropriation under this subsection shall be made pursuant to an agreement under section 7513 (relating to agreements among political subdivisions) or in the form of a gift or grant to the political subdivision responsible in the first instance for the payment of bills and claims against the local organization for the payment of the expenses for which the appropriation was made. Cross References. Section 7511 is referred to in section 7513 of this title.

35 Pa.C.S. § 7512 Law applicable to local organizations.

(a) General rule.--Where the jurisdiction of the local organization is coterminous with the political subdivision making an appropriation for the payment of the expenses, the local organization shall be deemed an agency, board or commission of the political subdivision, subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision. (b) Second class townships.--No purchase or purchases shall be made, no contract entered into and no expenses incurred by any local organization which involves the payment of more than $25 out of the treasury of any second class township unless the proposed expenditure has been approved in writing by the township supervisors. If any purchase or contract is made or other expenses incurred contrary to the provisions of this subsection, the township shall not be responsible for the payment thereof but the person acting for the local organization in the transaction shall be personally liable for the payment.

35 Pa.C.S. § 7513 Agreements among political subdivisions.

(a) General rule.--Where a local organization has jurisdiction in an area including all or parts of more than one political subdivision which does not include the whole area of any county, the political subdivisions, all or part of which lie within the jurisdiction of the organization, shall, before paying any expenses of the organization, enter into an agreement designating one of the political subdivisions as the agent of each of them for the purpose of paying the expenses of the local organization. The agreement shall also set forth the proportionate share of the expenses of the organization to be paid by each political subdivision party to the agreement and an estimate of the amount required to be appropriated by each of them for the purpose of paying the expenses. The agreement shall be effective when approved by the corporate authorities of each of the political subdivisions by a majority vote and each of the subdivisions shall thereupon make an appropriation pursuant to section 7511 (relating to appropriations by political subdivisions) sufficient to pay its share of the expenses of the organization. (b) Counties.--Where the local organization has jurisdiction in an area including the whole area of one or more counties which is not coterminous with any one county, before paying any expenses of the organization, the counties, all or part of which lie within the jurisdiction of the organization, shall enter into an agreement in the manner and form provided in subsection (a) and with like effect, and no other political subdivision lying within the jurisdiction of the organization shall be a party to the agreement. Cross References. Section 7513 is referred to in sections 7511, 7515 of this title.

35 Pa.C.S. § 7514 Payments involving one political subdivision.

(a) General rule.--All bills or claims to be paid from any appropriation made by a political subdivision coterminous with the local organization, after first being approved by the local organization or an appropriate officer thereof designated for that purpose, shall be paid from the treasury of the political subdivision only upon the warrant or order of the officer or officers of the political subdivision designated by law to approve or countersign warrants or orders for the payment of the ordinary expenses of the political subdivision, and shall be subject to audit in the same manner as other financial transactions of the political subdivision. In each case, the officer or officers shall have the same power to approve or disapprove as they have in case of warrants for ordinary expenses of the political subdivision, and no warrant or order for the payment thereof shall be issued without the approval. (b) Gift or grant of money.--Any gift or grant of money made to the local organization or to the political subdivision for the payment of expenses incurred or to be incurred by or for the organization shall be deposited in the treasury of the political subdivision and shall be appropriated by the political subdivision for the purpose for which the gift or grant was made, and any bills or claims to be paid from the gift or grant shall be paid in the manner provided in this subchapter for the payment of other bills and claims against the political subdivision. Cross References. Section 7514 is referred to in section 7515 of this title.

35 Pa.C.S. § 7515 Payments involving two or more political subdivisions.

(a) General rule.--Where two or more political subdivisions have entered into an agreement as provided by section 7513 (relating to agreements among political subdivisions), all bills and claims for expenses incurred by or for the local organization shall thereafter be paid in the first instance by the political subdivision named as agent in the agreement in the manner provided in section 7514 (relating to payments involving one political subdivision) as though the organization were coterminous with the political subdivision, and the organization shall be subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision. (b) Accounting by agent.--The political subdivision designated as agent shall, not later than the fifteenth day of each month, submit an itemized account of the expenses of the organization paid by it during the preceding calendar month to each of the other political subdivisions party to the agreement, together with a request for reimbursement of the proportionate share of expenses agreed to be paid by each of the other political subdivisions. (c) Reimbursement of agent.--Each political subdivision requested to make reimbursement shall do so within 30 days after the request from the appropriation made for the payment of the expenses of the organization and, in the event of failure to do so, mandamus shall lie to compel the officers of the political subdivision to pay the agreed-upon proportionate share of the proper expenses of the organization out of the first moneys thereafter in the treasury of the political subdivision and not previously pledged to any other purpose. No political subdivision may be compelled to pay for any one year an amount greater than the amount estimated in the agreement as its proportionate share. Any payment made by any political subdivision to the political subdivision named as agent in the agreement for reimbursement for the payment of the expenses of the organization shall be credited by the agent political subdivision to the appropriation made by it for the payment of the expenses of the organization and shall be available for the payment of future expenses of the organization without further appropriation or action by the agent political subdivision. (d) Gift or grant of money.--Any gift or grant of money made to or for the local organization, if made to a political subdivision, shall be deposited in its treasury and be appropriated by it for the purpose for which the gift or grant was made and the political subdivision shall notify the political subdivision named as agent in the agreement of the appropriation and the purpose for which it is available. If the gift or grant of money is made to the organization, it shall be deposited in the treasury of the political subdivision named as agent in the agreement and shall be appropriated by the political subdivision for the purpose for which the gift or grant was made. Any expenditure made by the agent political subdivision from any gift or grant deposited in its treasury or reimbursed from any gift or grant deposited in the treasury of any other political subdivision shall not be included in computing the reimbursement requested from any other political subdivision under the agreement.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=35Fetched: 10/16/2026