Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1285 Draft / Bill

Filed 01/28/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
*ANS033* 	01/28/2025 4:33:16 PM ANS033 
State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1285 3 
 4 
By: Representative L. Johnson 5 
 6 
 7 
For An Act To Be Entitled 8 
AN ACT TO ESTABLISH AN EXEMPTION PROGRAM FOR 9 
AMBULANCE SERVICE'S OPERATORS FOR CERTAIN HEALTHCARE 10 
SERVICES; AND FOR OTHER PURPOSES. 11 
 12 
 13 
Subtitle 14 
TO ESTABLISH AN EXEMPTION PROGRAM FOR 15 
AMBULANCE SERVICE'S OPERATORS FOR 16 
CERTAIN HEALTHCARE SERVICES. 17 
 18 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 
 20 
 SECTION 1.  Arkansas Code § 20 -13-108(b), concerning the triage, treat, 21 
and transport to alternative destination by an ambulance service operator, is 22 
amended to read as follows: 23 
 (b)  An Except as provided under subsection (c) of this section, an 24 
ambulance service's operators may triage and transport a patient to an 25 
alternative destination in this state or treat in place if the ambulance 26 
service is coordinating the care of the patient through telemedicine with a 27 
physician for a medical -based complaint or with a behavioral health 28 
specialist for a behavioral -based complaint. 29 
 30 
 SECTION 2.  Arkansas Code § 20 -13-108, concerning the triage, treat, 31 
and transport to alternative destination by ambulance service operators, is 32 
amended to add an additional subsection to read as follows: 33 
 (c)(1)  The department shall by rule establish a procedure in which an 34 
ambulance service's operator may apply for an exemption for certain 35 
healthcare services from the telemedicine requirement under subsection (b) of 36    	HB1285 
 
 	2 	01/28/2025 4:33:16 PM ANS033 
this section on the basis that the healthcare service does not necessitate 1 
coordination of care of the patient through telemedicine. 2 
 (2)  The department shall establish the criteria to be used in 3 
determining whether or not a healthcare service is exempt under subdivision 4 
(c)(1) of this section. 5 
 (3)(A)  An ambulance service's operator may apply for an 6 
exemption for a certain healthcare service under subdivision (c)(1) of this 7 
section on forms prescribed by the department. 8 
 (B)  A separate application shall be filed for each: 9 
 (i)  Each Healthcare service for which the ambulance 10 
service's operator seeks an exemption; and 11 
 (ii)  Each application shall contain information on 12 
which the ambulance service's operator relies to justify an exemption. 13 
 (4)  Upon making a determination on an application for exemption, 14 
the department shall notify the ambulance service's operator of the 15 
department's determination. 16 
 17 
 SECTION 3.  DO NOT CODIFY.  Rules. 18 
 (a)  When adopting the initial rules required under this act, the 19 
Department of Health shall file the final rules with the Secretary of State 20 
for adoption under § 25 -15-204(f): 21 
 (1)  On or before January 1, 2026; or 22 
 (2)  If approval under § 10 -3-309 has not occurred by January 1, 23 
2026, as soon as practicable after approval under § 10 -3-309. 24 
 (b)  The department shall file the proposed rules with the Legislative 25 
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 26 
that the Legislative Council may consider the rules for approval before 27 
January 1, 2026. 28 
 29 
 30 
 31 
 32 
 33 
 34 
 35 
 36