Stricken language would be deleted from and underlined language would be added to present law.
Act 384 of the Regular Session
*JMB028* 03-03-2025 10:28:20 JMB028
State of Arkansas As Engrossed: H2/26/25 H3/3/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1253 3
4
By: Representative L. Johnson 5
By: Senator J. Boyd 6
7
For An Act To Be Entitled 8
AN ACT TO ADOPT THE EMERGENCY MEDICAL SERVICES 9
PERSONNEL LICENSURE INTERSTATE COMPACT IN ARKANSAS; 10
AND FOR OTHER PURPOSES. 11
12
13
Subtitle 14
TO ADOPT THE EMERGENCY MEDICAL SERVICES 15
PERSONNEL LICENSURE INTERSTATE COMPACT 16
IN ARKANSAS. 17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. Arkansas Code Title 20, Chapter 13, is amended to add an 21
additional subchapter to read as follows: 22
Subchapter 19 — Emergency Medical Services Personnel Licensure Interstate 23
Compact 24
25
20-13-1901. Text of compact. 26
The Emergency Medical Services Personnel Licensure Interstate Compact 27
is enacted into law and entered into by this state with all states legally 28
joining therein and in the form substantially as follows: 29
30
RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE 31
COMPACT (“REPLICA”) 32
33
EMS PERSONNEL LICENSURE INTERSTATE COMPACT 34
35
SECTION 1. PURPOSE 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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1
In order to protect the public through verification of competency and ensure 2
accountability for patient care related activities all states license 3
emergency medical services (EMS) personnel, such as emergency medical 4
technicians (EMTs), advanced EMTs and paramedics. This Compact is intended to 5
facilitate the day to day movement of EMS personnel across state boundaries 6
in the performance of their EMS duties as assigned by an appropriate 7
authority and authorize state EMS offices to afford immediate legal 8
recognition to EMS personnel licensed in a member state. This Compact 9
recognizes that states have a vested interest in protecting the public’s 10
health and safety through their licensing and regulation of EMS personnel and 11
that such state regulation shared among the member states will best protect 12
public health and safety. This Compact is designed to achieve the following 13
purposes and objectives: 14
1. Increase public access to EMS personnel; 15
2. Enhance the states’ ability to protect the public’s health and 16
safety, especially patient safety; 17
3. Encourage the cooperation of member states in the areas of EMS 18
personnel licensure and regulation; 19
4. Support licensing of military members who are separating from an 20
active duty tour and their spouses; 21
5. Facilitate the exchange of information between member states 22
regarding EMS personnel licensure, adverse action and significant 23
investigatory information; 24
6. Promote compliance with the laws governing EMS personnel practice 25
in each member state; and 26
7. Invest all member states with the authority to hold EMS personnel 27
accountable through the mutual recognition of member state licenses. 28
29
SECTION 2. DEFINITIONS 30
31
In this compact: 32
A. “Advanced Emergency Medical Technician (AEMT)” means: an 33
individual licensed with cognitive knowledge and a scope of practice that 34
corresponds to that level in the National EMS Education Standards and 35
National EMS Scope of Practice Model. 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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B. “Adverse Action” means: any administrative, civil, equitable or 1
criminal action permitted by a state’s laws which may be imposed against 2
licensed EMS personnel by a state EMS authority or state court, including, 3
but not limited to, actions against an individual’s license such as 4
revocation, suspension, probation, consent agreement, monitoring or other 5
limitation or encumbrance on the individual’s practice, letters of reprimand 6
or admonition, fines, criminal convictions and state court judgments 7
enforcing adverse actions by the state EMS authority. 8
C. “Alternative program” means: a voluntary, non -disciplinary 9
substance abuse recovery program approved by a state EMS authority. 10
D. “Certification” means: the successful verification of entry -level 11
cognitive and psychomotor competency using a reliable, validated, and legally 12
defensible examination. 13
E. “Commission” means: the national administrative body of which all 14
states that have enacted the compact are members. 15
F. “Emergency Medical Technician (EMT)” means: an individual licensed 16
with cognitive knowledge and a scope of practice that corresponds to that 17
level in the National EMS Education Standards and National EMS Scope of 18
Practice Model. 19
G. “Home State” means: a member state where an individual is licensed 20
to practice emergency medical services. 21
H. “License” means: the authorization by a state for an individual to 22
practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. 23
I. “Medical Director” means: a physician licensed in a member state 24
who is accountable for the care delivered by EMS personnel. 25
J. “Member State” means: a state that has enacted this compact. 26
K. “Privilege to Practice” means: an individual’s authority to 27
deliver emergency medical services in remote states as authorized under this 28
compact. 29
L. “Paramedic” means: an individual licensed with cognitive knowledge 30
and a scope of practice that corresponds to that level in the National EMS 31
Education Standards and National EMS Scope of Practice Model. 32
M. “Remote State” means: a member state in which an individual is not 33
licensed. 34
N. “Restricted” means: the outcome of an adverse action that limits a 35
license or the privilege to practice. 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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O. “Rule” means: a written statement by the interstate Commission 1
promulgated pursuant to Section 12 of this compact that is of general 2
applicability; implements, interprets, or prescribes a policy or provision of 3
the compact; or is an organizational, procedural, or practice requirement of 4
the Commission and has the force and effect of statutory law in a member 5
state and includes the amendment, repeal, or suspension of an existing rule. 6
P. “Scope of Practice” means: defined parameters of various duties or 7
services that may be provided by an individual with specific credentials. 8
Whether regulated by rule, statute, or court decision, it tends to represent 9
the limits of services an individual may perform. 10
Q. “Significant Investigatory Information” means: 11
1. .investigative information that a state EMS authority, after 12
a preliminary inquiry that includes notification and an opportunity to 13
respond if required by state law, has reason to believe, if proved true, 14
would result in the imposition of an adverse action on a license or privilege 15
to practice; or 16
2. investigative information that indicates that the individual 17
represents an immediate threat to public health and safety regardless of 18
whether the individual has been notified and had an opportunity to respond. 19
R. “State” means: means any state, commonwealth, district, or 20
territory of the United States. 21
S. “State EMS Authority” means: the board, office, or other agency 22
with the legislative mandate to license EMS personnel. 23
24
SECTION 3. HOME STATE LICENSURE 25
26
A. Any member state in which an individual holds a current license 27
shall be deemed a home state for purposes of this compact. 28
B. Any member state may require an individual to obtain and retain a 29
license to be authorized to practice in the member state under circumstances 30
not authorized by the privilege to practice under the terms of this compact. 31
C. A home state’s license authorizes an individual to practice in a 32
remote state under the privilege to practice only if the home state: 33
1. Currently requires the use of the National Registry of 34
Emergency Medical Technicians (NREMT) examination as a condition of issuing 35
initial licenses at the EMT and paramedic levels; 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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2. Has a mechanism in place for receiving and investigating 1
complaints about individuals; 2
3. Notifies the Commission, in compliance with the terms herein, 3
of any adverse action or significant investigatory information regarding an 4
individual; 5
4. No later than five years after activation of the Compact, 6
requires a criminal background check of all applicants for initial licensure, 7
including the use of the results of fingerprint or other biometric data 8
checks compliant with the requirements of the Federal Bureau of Investigation 9
with the exception of federal employees who have suitability determination in 10
accordance with US CFR §731.202 and submit documentation of such as 11
promulgated in the rules of the Commission; and 12
5. Complies with the rules of the Commission. 13
14
SECTION 4. COMPACT PRIVILEGE TO PRACTICE 15
16
A. Member states shall recognize the privilege to practice of an 17
individual licensed in another member state that is in conformance with 18
Section 3. 19
B. To exercise the privilege to practice under the terms and 20
provisions of this compact, an individual must: 21
1. Be at least 18 years of age; 22
2. Possess a current unrestricted license in a member state as 23
an EMT, AEMT, paramedic, or state recognized and licensed level with a scope 24
of practice and authority between EMT and paramedic; and 25
3. Practice under the supervision of a medical director. 26
C. An individual providing patient care in a remote state under the 27
privilege to practice shall function within the scope of practice authorized 28
by the home state unless and until modified by an appropriate authority in 29
the remote state as may be defined in the rules of the commission. 30
D. Except as provided in Section 4 subsection C, an individual 31
practicing in a remote state will be subject to the remote state’s authority 32
and laws. A remote state may, in accordance with due process and that state’s 33
laws, restrict, suspend, or revoke an individual’s privilege to practice in 34
the remote state and may take any other necessary actions to protect the 35
health and safety of its citizens. If a remote state takes action it shall 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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promptly notify the home state and the Commission. 1
E. If an individual’s license in any home state is restricted or 2
suspended, the individual shall not be eligible to practice in a remote state 3
under the privilege to practice until the individual’s home state license is 4
restored. 5
F. If an individual’s privilege to practice in any remote state is 6
restricted, suspended, or revoked the individual shall not be eligible to 7
practice in any remote state until the individual’s privilege to practice is 8
restored. 9
10
SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE 11
12
An individual may practice in a remote state under a privilege to practice 13
only in the performance of the individual’s EMS duties as assigned by an 14
appropriate authority, as defined in the rules of the Commission, and under 15
the following circumstances: 16
1. The individual originates a patient transport in a home state and 17
transports the patient to a remote state; 18
2. The individual originates in the home state and enters a remote 19
state to pick up a patient and provide care and transport of the patient to 20
the home state; 21
3. The individual enters a remote state to provide patient care and/or 22
transport within that remote state; 23
4. The individual enters a remote state to pick up a patient and 24
provide care and transport to a third member state; 25
5. Other conditions as determined by rules promulgated by the 26
commission. 27
28
SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT 29
30
Upon a member state’s governor’s declaration of a state of emergency or 31
disaster that activates the Emergency Management Assistance Compact (EMAC), 32
all relevant terms and provisions of EMAC shall apply and to the extent any 33
terms or provisions of this Compact conflicts with EMAC, the terms of EMAC 34
shall prevail with respect to any individual practicing in the remote state 35
in response to such declaration. 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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1
SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY, 2
AND THEIR SPOUSES 3
4
A. Member states shall consider a veteran, active military service 5
member, and member of the National Guard and Reserves separating from an 6
active duty tour, and a spouse thereof, who holds a current valid and 7
unrestricted NREMT certification at or above the level of the state license 8
being sought as satisfying the minimum training and examination requirements 9
for such licensure. 10
B. Member states shall expedite the processing of licensure 11
applications submitted by veterans, active military service members, and 12
members of the National Guard and Reserves separating from an active duty 13
tour, and their spouses. 14
C. All individuals functioning with a privilege to practice under this 15
Section remain subject to the Adverse Actions provisions of Section VIII. 16
17
SECTION 8. ADVERSE ACTIONS 18
19
A. A home state shall have exclusive power to impose adverse action 20
against an individual’s license issued by the home state. 21
B. If an individual’s license in any home state is restricted or 22
suspended, the individual shall not be eligible to practice in a remote state 23
under the privilege to practice until the individual’s home state license is 24
restored. 25
1. All home state adverse action orders shall include a 26
statement that the individual’s compact privileges are inactive. The order 27
may allow the individual to practice in remote states with prior written 28
authorization from both the home state and remote state’s EMS authority. 29
2. An individual currently subject to adverse action in the home 30
state shall not practice in any remote state without prior written 31
authorization from both the home state and remote state’s EMS authority. 32
C. A member state shall report adverse actions and any occurrences 33
that the individual’s compact privileges are restricted, suspended, or 34
revoked to the Commission in accordance with the rules of the Commission. 35
D. A remote state may take adverse action on an individual’s privilege 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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to practice within that state. 1
E. Any member state may take adverse action against an individual’s 2
privilege to practice in that state based on the factual findings of another 3
member state, so long as each state follows its own procedures for imposing 4
such adverse action. 5
F. A home state’s EMS authority shall investigate and take appropriate 6
action with respect to reported conduct in a remote state as it would if such 7
conduct had occurred within the home state. In such cases, the home state’s 8
law shall control in determining the appropriate adverse action. 9
G. Nothing in this Compact shall override a member state’s decision 10
that participation in an alternative program may be used in lieu of adverse 11
action and that such participation shall remain non -public if required by the 12
member state’s laws. Member states must require individuals who enter any 13
alternative programs to agree not to practice in any other member state 14
during the term of the alternative program without prior authorization from 15
such other member state. 16
17
SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE’S EMS AUTHORITY 18
19
A member state’s EMS authority, in addition to any other powers granted under 20
state law, is authorized under this compact to: 21
1. Issue subpoenas for both hearings and investigations that require 22
the attendance and testimony of witnesses and the production of evidence. 23
Subpoenas issued by a member state’s EMS authority for the attendance and 24
testimony of witnesses, and/or the production of evidence from another member 25
state, shall be enforced in the remote state by any court of competent 26
jurisdiction, according to that court’s practice and procedure in considering 27
subpoenas issued in its own proceedings. The issuing state EMS authority 28
shall pay any witness fees, travel expenses, mileage, and other fees required 29
by the service statutes of the state where the witnesses and/or evidence are 30
located; and 31
2. Issue cease and desist orders to restrict, suspend, or revoke an 32
individual’s privilege to practice in the state. 33
34
SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL 35
PRACTICE 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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1
A. The Compact states hereby create and establish a joint public 2
agency known as the Interstate Commission for EMS Personnel Practice. 3
1. The Commission is a body politic and an instrumentality of 4
the Compact states. 5
2. Venue is proper and judicial proceedings by or against the 6
Commission shall be brought solely and exclusively in a court of competent 7
jurisdiction where the principal office of the Commission is located. The 8
Commission may waive venue and jurisdictional defenses to the extent it 9
adopts or consents to participate in alternative dispute resolution 10
proceedings. 11
3. Nothing in this Compact shall be construed to be a waiver of 12
sovereign immunity. 13
B. Membership, Voting, and Meetings 14
1. Each member state shall have and be limited to one (1) 15
delegate. The responsible official of the state EMS authority or his designee 16
shall be the delegate to this Compact for each member state. Any delegate 17
may be removed or suspended from office as provided by the law of the state 18
from which the delegate is appointed. Any vacancy occurring in the 19
Commission shall be filled in accordance with the laws of the member state in 20
which the vacancy exists. In the event that more than one board, office, or 21
other agency with the legislative mandate to license EMS personnel at and 22
above the level of EMT exists, the Governor of the state will determine which 23
entity will be responsible for assigning the delegate. 24
2. Each delegate shall be entitled to one (1) vote with regard 25
to the promulgation of rules and creation of bylaws and shall otherwise have 26
an opportunity to participate in the business and affairs of the Commission. 27
A delegate shall vote in person or by such other means as provided in the 28
bylaws. The bylaws may provide for delegates’ participation in meetings by 29
telephone or other means of communication. 30
3. The Commission shall meet at least once during each calendar 31
year. Additional meetings shall be held as set forth in the bylaws. 32
4. All meetings shall be open to the public, and public notice 33
of meetings shall be given in the same manner as required under the 34
rulemaking provisions in Section XII. 35
5. The Commission may convene in a closed, non -public meeting if 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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the Commission must discuss: 1
a. Non-compliance of a member state with its obligations 2
under the Compact; 3
b. The employment, compensation, discipline or other 4
personnel matters, practices or procedures related to specific employees or 5
other matters related to the Commission’s internal personnel practices and 6
procedures; 7
c. Current, threatened, or reasonably anticipated 8
litigation; 9
d. Negotiation of contracts for the purchase or sale of 10
goods, services, or real estate; 11
e. Accusing any person of a crime or formally censuring 12
any person; 13
f. Disclosure of trade secrets or commercial or financial 14
information that is privileged or confidential; 15
g. Disclosure of information of a personal nature where 16
disclosure would constitute a clearly unwarranted invasion of personal 17
privacy; 18
h. Disclosure of investigatory records compiled for law 19
enforcement purposes; 20
i. Disclosure of information related to any investigatory 21
reports prepared by or on behalf of or for use of the Commission or other 22
committee charged with responsibility of investigation or determination of 23
compliance issues pursuant to the compact; or 24
j. Matters specifically exempted from disclosure by 25
federal or member state statute. 26
6. If a meeting, or portion of a meeting, is closed pursuant to 27
this provision, the Commission’s legal counsel or designee shall certify that 28
the meeting may be closed and shall reference each relevant exempting 29
provision. The Commission shall keep minutes that fully and clearly describe 30
all matters discussed in a meeting and shall provide a full and accurate 31
summary of actions taken, and the reasons therefore, including a description 32
of the views expressed. All documents considered in connection with an action 33
shall be identified in such minutes. All minutes and documents of a closed 34
meeting shall remain under seal, subject to release by a majority vote of the 35
Commission or order of a court of competent jurisdiction. 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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C. The Commission shall, by a majority vote of the delegates, 1
prescribe bylaws and/or rules to govern its conduct as may be necessary or 2
appropriate to carry out the purposes and exercise the powers of the compact, 3
including but not limited to: 4
1. Establishing the fiscal year of the Commission; 5
2. Providing reasonable standards and procedures: 6
a. for the establishment and meetings of other committees; 7
and 8
b. governing any general or specific delegation of any 9
authority or function of the Commission; 10
3. Providing reasonable procedures for calling and conducting 11
meetings of the Commission, ensuring reasonable advance notice of all 12
meetings, and providing an opportunity for attendance of such meetings by 13
interested parties, with enumerated exceptions designed to protect the 14
public’s interest, the privacy of individuals, and proprietary information, 15
including trade secrets. The Commission may meet in closed session only after 16
a majority of the membership votes to close a meeting in whole or in part. As 17
soon as practicable, the Commission must make public a copy of the vote to 18
close the meeting revealing the vote of each member with no proxy votes 19
allowed; 20
4. Establishing the titles, duties and authority, and reasonable 21
procedures for the election of the officers of the Commission; 22
5. Providing reasonable standards and procedures for the 23
establishment of the personnel policies and programs of the Commission. 24
Notwithstanding any civil service or other similar laws of any member state, 25
the bylaws shall exclusively govern the personnel policies and programs of 26
the Commission; 27
6. Promulgating a code of ethics to address permissible and 28
prohibited activities of Commission members and employees; 29
7. Providing a mechanism for winding up the operations of the 30
Commission and the equitable disposition of any surplus funds that may exist 31
after the termination of the Compact after the payment and/or reserving of 32
all of its debts and obligations; 33
8. The Commission shall publish its bylaws and file a copy 34
thereof, and a copy of any amendment thereto, with the appropriate agency or 35
officer in each of the member states, if any. 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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9. The Commission shall maintain its financial records in 1
accordance with the bylaws. 2
10. The Commission shall meet and take such actions as are 3
consistent with the provisions of this Compact and the bylaws. 4
D. The Commission shall have the following powers: 5
1. The authority to promulgate uniform rules to facilitate and 6
coordinate implementation and administration of this Compact. The rules shall 7
have the force and effect of law and shall be binding in all member states; 8
2. To bring and prosecute legal proceedings or actions in the 9
name of the Commission, provided that the standing of any state EMS authority 10
or other regulatory body responsible for EMS personnel licensure to sue or be 11
sued under applicable law shall not be affected; 12
3. To purchase and maintain insurance and bonds; 13
4. To borrow, accept, or contract for services of personnel, 14
including, but not limited to, employees of a member state; 15
5. To hire employees, elect or appoint officers, fix 16
compensation, define duties, grant such individuals appropriate authority to 17
carry out the purposes of the compact, and to establish the Commission’s 18
personnel policies and programs relating to conflicts of interest, 19
qualifications of personnel, and other related personnel matters; 20
6. To accept any and all appropriate donations and grants of 21
money, equipment, supplies, materials and services, and to receive, utilize 22
and dispose of the same; provided that at all times the Commission shall 23
strive to avoid any appearance of impropriety and/or conflict of interest; 24
7. To lease, purchase, accept appropriate gifts or donations of, 25
or otherwise to own, hold, improve or use, any property, real, personal or 26
mixed; provided that at all times the Commission shall strive to avoid any 27
appearance of impropriety; 28
8. To sell convey, mortgage, pledge, lease, exchange, abandon, 29
or otherwise dispose of any property real, personal, or mixed; 30
9. To establish a budget and make expenditures; 31
10. To borrow money; 32
11. To appoint committees, including advisory committees 33
comprised of members, state regulators, state legislators or their 34
representatives, and consumer representatives, and such other interested 35
persons as may be designated in this compact and the bylaws; 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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12. To provide and receive information from, and to cooperate 1
with, law enforcement agencies; 2
13. To adopt and use an official seal; and 3
14. To perform such other functions as may be necessary or 4
appropriate to achieve the purposes of this Compact consistent with the state 5
regulation of EMS personnel licensure and practice. 6
E. Financing of the Commission 7
1. The Commission shall pay, or provide for the payment of, the 8
reasonable expenses of its establishment, organization, and ongoing 9
activities. 10
2. The Commission may accept any and all appropriate revenue 11
sources, donations, and grants of money, equipment, supplies, materials, and 12
services. 13
3. The Commission may levy on and collect an annual assessment 14
from each member state or impose fees on other parties to cover the cost of 15
the operations and activities of the Commission and its staff, which must be 16
in a total amount sufficient to cover its annual budget as approved each year 17
for which revenue is not provided by other sources. The aggregate annual 18
assessment amount shall be allocated based upon a formula to be determined by 19
the Commission, which shall promulgate a rule binding upon all member states. 20
4. The Commission shall not incur obligations of any kind prior 21
to securing the funds adequate to meet the same; nor shall the Commission 22
pledge the credit of any of the member states, except by and with the 23
authority of the member state. 24
5. The Commission shall keep accurate accounts of all receipts 25
and disbursements. The receipts and disbursements of the Commission shall be 26
subject to the audit and accounting procedures established under its bylaws. 27
However, all receipts and disbursements of funds handled by the Commission 28
shall be audited yearly by a certified or licensed public accountant, and the 29
report of the audit shall be included in and become part of the annual report 30
of the Commission. 31
F. Qualified Immunity, Defense, and Indemnification 32
1. The members, officers, executive director, employees and 33
representatives of the Commission shall be immune from suit and liability, 34
either personally or in their official capacity, for any claim for damage to 35
or loss of property or personal injury or other civil liability caused by or 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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arising out of any actual or alleged act, error or omission that occurred, or 1
that the person against whom the claim is made had a reasonable basis for 2
believing occurred within the scope of Commission employment, duties or 3
responsibilities; provided that nothing in this paragraph shall be construed 4
to protect any such person from suit and/or liability for any damage, loss, 5
injury, or liability caused by the intentional or willful or wanton 6
misconduct of that person. 7
2. The Commission shall defend any member, officer, executive 8
director, employee or representative of the Commission in any civil action 9
seeking to impose liability arising out of any actual or alleged act, error, 10
or omission that occurred within the scope of Commission employment, duties, 11
or responsibilities, or that the person against whom the claim is made had a 12
reasonable basis for believing occurred within the scope of Commission 13
employment, duties, or responsibilities; provided that nothing herein shall 14
be construed to prohibit that person from retaining his or her own counsel; 15
and provided further, that the actual or alleged act, error, or omission did 16
not result from that person’s intentional or willful or wanton misconduct. 17
3. The Commission shall indemnify and hold harmless any member, 18
officer, executive director, employee, or representative of the Commission 19
for the amount of any settlement or judgment obtained against that person 20
arising out of any actual or alleged act, error or omission that occurred 21
within the scope of Commission employment, duties, or responsibilities, or 22
that such person had a reasonable basis for believing occurred within the 23
scope of Commission employment, duties, or responsibilities, provided that 24
the actual or alleged act, error, or omission did not result from the 25
intentional or willful or wanton misconduct of that person. 26
27
SECTION 11. COORDINATED DATABASE 28
29
A. The Commission shall provide for the development and maintenance of 30
a coordinated database and reporting system containing licensure, adverse 31
action, and significant investigatory information on all licensed individuals 32
in member states. 33
B. Notwithstanding any other provision of state law to the contrary, a 34
member state shall submit a uniform data set to the coordinated database on 35
all individuals to whom this compact is applicable as required by the rules 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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of the Commission, including: 1
1. Identifying information; 2
2. Licensure data; 3
3. Significant investigatory information; 4
4. Adverse actions against an individual’s license; 5
5. An indicator that an individual’s privilege to practice is 6
restricted, suspended or revoked; 7
6. Non-confidential information related to alternative program 8
participation; 9
7. Any denial of application for licensure, and the reason(s) 10
for such denial; and 11
8. Other information that may facilitate the administration of 12
this Compact, as determined by the rules of the Commission. 13
C. The coordinated database administrator shall promptly notify all 14
member states of any adverse action taken against, or significant 15
investigative information on, any individual in a member state. 16
D. Member states contributing information to the coordinated database 17
may designate information that may not be shared with the public without the 18
express permission of the contributing state. 19
E. Any information submitted to the coordinated database that is 20
subsequently required to be expunged by the laws of the member state 21
contributing the information shall be removed from the coordinated database. 22
23
SECTION 12. RULEMAKING 24
25
A. The Commission shall exercise its rulemaking powers pursuant to the 26
criteria set forth in this Section and the rules adopted thereunder. Rules 27
and amendments shall become binding as of the date specified in each rule or 28
amendment. 29
B. If a majority of the legislatures of the member states rejects a 30
rule, by enactment of a statute or resolution in the same manner used to 31
adopt the Compact, then such rule shall have no further force and effect in 32
any member state. 33
C. Rules or amendments to the rules shall be adopted at a regular or 34
special meeting of the Commission. 35
D. Prior to promulgation and adoption of a final rule or rules by the 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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Commission, and at least sixty (60) days in advance of the meeting at which 1
the rule will be considered and voted upon, the Commission shall file a 2
Notice of Proposed Rulemaking: 3
1. On the website of the Commission; and 4
2. On the website of each member state EMS authority or the 5
publication in which each state would otherwise publish proposed rules. 6
E. The Notice of Proposed Rulemaking shall include: 7
1. The proposed time, date, and location of the meeting in which 8
the rule will be considered and voted upon; 9
2. The text of the proposed rule or amendment and the reason for 10
the proposed rule; 11
3. A request for comments on the proposed rule from any 12
interested person; and 13
4. The manner in which interested persons may submit notice to 14
the Commission of their intention to attend the public hearing and any 15
written comments. 16
F. Prior to adoption of a proposed rule, the Commission shall allow 17
persons to submit written data, facts, opinions, and arguments, which shall 18
be made available to the public. 19
G. The Commission shall grant an opportunity for a public hearing 20
before it adopts a rule or amendment if a hearing is requested by: 21
1. At least twenty-five (25) persons; 22
2. A governmental subdivision or agency; or 23
3. An association having at least twenty -five (25) members. 24
H. If a hearing is held on the proposed rule or amendment, the 25
Commission shall publish the place, time, and date of the scheduled public 26
hearing. 27
1. All persons wishing to be heard at the hearing shall notify 28
the executive director of the Commission or other designated member in 29
writing of their desire to appear and testify at the hearing not less than 30
five (5) business days before the scheduled date of the hearing. 31
2. Hearings shall be conducted in a manner providing each person 32
who wishes to comment a fair and reasonable opportunity to comment orally or 33
in writing. 34
3. No transcript of the hearing is required, unless a written 35
request for a transcript is made, in which case the person requesting the 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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transcript shall bear the cost of producing the transcript. A recording may 1
be made in lieu of a transcript under the same terms and conditions as a 2
transcript. This subsection shall not preclude the Commission from making a 3
transcript or recording of the hearing if it so chooses. 4
4. Nothing in this section shall be construed as requiring a 5
separate hearing on each rule. Rules may be grouped for the convenience of 6
the Commission at hearings required by this section. 7
I. Following the scheduled hearing date, or by the close of business 8
on the scheduled hearing date if the hearing was not held, the Commission 9
shall consider all written and oral comments received. 10
J. The Commission shall, by majority vote of all members, take final 11
action on the proposed rule and shall determine the effective date of the 12
rule, if any, based on the rulemaking record and the full text of the rule. 13
K. If no written notice of intent to attend the public hearing by 14
interested parties is received, the Commission may proceed with promulgation 15
of the proposed rule without a public hearing. 16
L. Upon determination that an emergency exists, the Commission may 17
consider and adopt an emergency rule without prior notice, opportunity for 18
comment, or hearing, provided that the usual rulemaking procedures provided 19
in the Compact and in this section shall be retroactively applied to the rule 20
as soon as reasonably possible, in no event later than ninety (90) days after 21
the effective date of the rule. For the purposes of this provision, an 22
emergency rule is one that must be adopted immediately in order to: 23
1. Meet an imminent threat to public health, safety, or welfare; 24
2. Prevent a loss of Commission or member state funds; 25
3. Meet a deadline for the promulgation of an administrative 26
rule that is established by federal law or rule; or 27
4. Protect public health and safety. 28
M. The Commission or an authorized committee of the Commission may 29
direct revisions to a previously adopted rule or amendment for purposes of 30
correcting typographical errors, errors in format, errors in consistency, or 31
grammatical errors. Public notice of any revisions shall be posted on the 32
website of the Commission. The revision shall be subject to challenge by any 33
person for a period of thirty (30) days after posting. The revision may be 34
challenged only on grounds that the revision results in a material change to 35
a rule. A challenge shall be made in writing, and delivered to the chair of 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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the Commission prior to the end of the notice period. If no challenge is 1
made, the revision will take effect without further action. If the revision 2
is challenged, the revision may not take effect without the approval of the 3
Commission. 4
5
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 6
7
A. Oversight 8
1. The executive, legislative, and judicial branches of state 9
government in each member state shall enforce this compact and take all 10
actions necessary and appropriate to effectuate the compact’s purposes and 11
intent. The provisions of this compact and the rules promulgated hereunder 12
shall have standing as statutory law. 13
2. All courts shall take judicial notice of the compact and the 14
rules in any judicial or administrative proceeding in a member state 15
pertaining to the subject matter of this compact which may affect the powers, 16
responsibilities or actions of the Commission. 17
3. The Commission shall be entitled to receive service of 18
process in any such proceeding, and shall have standing to intervene in such 19
a proceeding for all purposes. Failure to provide service of process to the 20
Commission shall render a judgment or order void as to the Commission, this 21
Compact, or promulgated rules. 22
B. Default, Technical Assistance, and Termination 23
1. If the Commission determines that a member state has 24
defaulted in the performance of its obligations or responsibilities under 25
this compact or the promulgated rules, the Commission shall: 26
a. Provide written notice to the defaulting state and 27
other member states of the nature of the default, the proposed means of 28
curing the default and/or any other action to be taken by the Commission; and 29
b. Provide remedial training and specific technical 30
assistance regarding the default. 31
2. If a state in default fails to cure the default, the 32
defaulting state may be terminated from the Compact upon an affirmative vote 33
of a majority of the member states, and all rights, privileges and benefits 34
conferred by this compact may be terminated on the effective date of 35
termination. A cure of the default does not relieve the offending state of 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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obligations or liabilities incurred during the period of default. 1
3. Termination of membership in the compact shall be imposed 2
only after all other means of securing compliance have been exhausted. Notice 3
of intent to suspend or terminate shall be given by the Commission to the 4
governor, the majority and minority leaders of the defaulting state’s 5
legislature, and each of the member states. 6
4. A state that has been terminated is responsible for all 7
assessments, obligations, and liabilities incurred through the effective date 8
of termination, including obligations that extend beyond the effective date 9
of termination. 10
5. The Commission shall not bear any costs related to a state 11
that is found to be in default or that has been terminated from the compact, 12
unless agreed upon in writing between the Commission and the defaulting 13
state. 14
6. The defaulting state may appeal the action of the Commission 15
by petitioning the U.S. District Court for the District of Columbia or the 16
federal district where the Commission has its principal offices. The 17
prevailing member shall be awarded all costs of such litigation, including 18
reasonable attorney’s fees. 19
C. Dispute Resolution 20
1. Upon request by a member state, the Commission shall attempt 21
to resolve disputes related to the compact that arise among member states and 22
between member and non -member states. 23
2. The Commission shall promulgate a rule providing for both 24
mediation and binding dispute resolution for disputes as appropriate. 25
D. Enforcement 26
1. The Commission, in the reasonable exercise of its discretion, 27
shall enforce the provisions and rules of this compact. 28
2. By majority vote, the Commission may initiate legal action in 29
the United States District Court for the District of Columbia or the federal 30
district where the Commission has its principal offices against a member 31
state in default to enforce compliance with the provisions of the compact and 32
its promulgated rules and bylaws. The relief sought may include both 33
injunctive relief and damages. In the event judicial enforcement is 34
necessary, the prevailing member shall be awarded all costs of such 35
litigation, including reasonable attorney’s fees. 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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3. The remedies herein shall not be the exclusive remedies of 1
the Commission. The Commission may pursue any other remedies available under 2
federal or state law. 3
4
SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS 5
PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 6
7
A. The compact shall come into effect on the date on which the compact 8
statute is enacted into law in the tenth member state. The provisions, which 9
become effective at that time, shall be limited to the powers granted to the 10
Commission relating to assembly and the promulgation of rules. Thereafter, 11
the Commission shall meet and exercise rulemaking powers necessary to the 12
implementation and administration of the compact. 13
B. Any state that joins the compact subsequent to the Commission’s 14
initial adoption of the rules shall be subject to the rules as they exist on 15
the date on which the compact becomes law in that state. Any rule that has 16
been previously adopted by the Commission shall have the full force and 17
effect of law on the day the compact becomes law in that state. 18
C. Any member state may withdraw from this compact by enacting a 19
statute repealing the same. 20
1. A member state’s withdrawal shall not take effect until six 21
(6) months after enactment of the repealing statute. 22
2. Withdrawal shall not affect the continuing requirement of the 23
withdrawing state’s EMS authority to comply with the investigative and 24
adverse action reporting requirements of this act prior to the effective date 25
of withdrawal. 26
D. Nothing contained in this compact shall be construed to invalidate 27
or prevent any EMS personnel licensure agreement or other cooperative 28
arrangement between a member state and a non -member state that does not 29
conflict with the provisions of this compact. 30
E. This Compact may be amended by the member states. No amendment to 31
this Compact shall become effective and binding upon any member state until 32
it is enacted into the laws of all member states. 33
34
SECTION 15. CONSTRUCTION AND SEVERABILITY 35
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This Compact shall be liberally construed so as to effectuate the purposes 1
thereof. If this compact shall be held contrary to the constitution of any 2
state member thereto, the compact shall remain in full force and effect as to 3
the remaining member states. Nothing in this compact supersedes state law or 4
rules related to licensure of EMS agencies. 5
6
20-13-1902. Administration of compact — Rules. 7
(a) The Department of Health is the Emergency Medical Services 8
Personnel Licensure Interstate Compact administrator in this state. 9
(b) The department may adopt rules consistent with the compact that 10
are necessary to implement this subchapter. 11
(c) The department is not required to adopt the rules of the 12
Interstate Commission for EMS Personnel Practice for those rules to be 13
effective in this state. 14
(d) For the purposes of the member state's ability to reject a rule 15
under Section 12(B) of the Emergency Medical Services Personnel Licensure 16
Interstate Compact, Arkansas delegates its authority in this provision to the 17
General Assembly or the Legislative Council. 18
19
SECTION 2. Arkansas Code § 20 -13-1102 is amended to read as follows: 20
20-13-1102. Mandatory criminal history checks for emergency medical 21
services personnel. 22
(a)(1) Any applicant applying for initial licensure shall complete a 23
criminal history check form and shall request the Identification Bureau of 24
the Division of Arkansas State Police to conduct a state or and national 25
criminal history check , or both, on the applicant. 26
(2) The applicant shall pay all appropriate fees for the state 27
or and national criminal history check , or both, as set forth by the bureau. 28
(3) The applicant shall attach the criminal history check form 29
to the Arkansas emergency medical services personnel licensure application. 30
(b) The Division of Emergency Medical Services of the Department of 31
Health shall conduct a state or and national criminal history check , or both, 32
on the applicant and determine whether the applicant is disqualified from 33
licensure based on the report of the applicant's criminal history and forward 34
its determination to the applicant directly. 35
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SECTION 3. Arkansas Code § 20 -13-1104 is amended to read as follows: 1
20-13-1104. Form — State and national criminal history check. 2
(a) A request for a state or and national criminal history check , or 3
both, on a person shall include a completed form as required by the 4
Identification Bureau of the Division of Arkansas State Police and by the 5
Federal Bureau of Investigation . 6
(b) If an applicant is requesting initial Arkansas emergency medical 7
services personnel licensure and can provide proof of continuous residency in 8
the State of Arkansas for the past five (5) years, then the applicant shall 9
be required to have only a state criminal history check completed. 10
(c) If an applicant is requesting initial Arkansas emergency medical 11
services personnel licensure and is from another state or if the applicant 12
cannot provide proof of continuous residency in the State of Arkansas for the 13
past five (5) years, the applicant shall be required to have both a state and 14
a national criminal history check completed. 15
(b) The criminal history check shall conform to the applicable federal 16
standards and shall include the taking of fingerprints. 17
(c) Upon completion of the criminal history check, the Identification 18
Bureau of the Division of Arkansas State Police shall forward to the 19
Department of Health all releasable information obtained concerning the 20
applicant. 21
(d)(1) Any information received by the department from the 22
Identification Bureau of the Division of Arkansas State Police under this 23
section shall not be available for examination except by: 24
(A) The affected applicant for licensure or his or her 25
authorized representative; or 26
(B) The person whose license is subject to revocation or 27
his or her authorized representative. 28
(2) A record, file, or document shall not be removed from the 29
custody of the Identification Bureau of the Division of Arkansas State 30
Police. 31
(e) Any information made available to the affected applicant for 32
licensure or the person whose license is subject to revocation shall be 33
information pertaining to that person only. 34
(f) Rights of privilege and confidentiality established in this 35
section shall not extend to a document created for purposes other than the 36 As Engrossed: H2/26/25 H3/3/25 HB1253
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criminal history check. 1
(g) The department shall adopt the necessary rules to implement this 2
section. 3
(h)(1) The department may participate at the state and federal level 4
in programs that provide notification of an arrest subsequent to an initial 5
criminal history check that is conducted through available governmental 6
systems. 7
(2) The department may submit an applicant's fingerprints to the 8
federal Next Generation Identification system. 9
(3) The fingerprints may be searched against future submissions 10
to the federal Next Generation Identification system, including latent 11
fingerprint searches. 12
(4) An applicant enrolled in the federal Next Generation 13
Identification system is not required to re -fingerprint when a subsequent 14
request for a state or federal criminal history check is required if: 15
(A) A legible set of the applicant's fingerprints is 16
obtained when the applicant enrolls in the federal Next Generation 17
Identification system; and 18
(B) The applicant is subject to the Rap Back service of 19
the federal Next Generation Identification system. 20
(i) The Identification Bureau of the Division of Arkansas State Police 21
and the Federal Bureau of Investigation may maintain fingerprints in the 22
Integrated Automated Fingerprint Identification System. 23
24
/s/L. Johnson 25
26
27
APPROVED: 3/20/25 28
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