Stricken language would be deleted from and underlined language would be added to present law.
*LGL044* 03/12/2025 2:42:37 PM LGL044
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1767 3
4
By: Representative L. Johnson 5
6
7
For An Act To Be Entitled 8
AN ACT TO ABOLISH THE EMERGENCY MEDICAL SERVICES 9
ADVISORY COUNCIL; TO CREATE THE EMERGENCY MEDICAL 10
SERVICES ADVISORY COMMITTEE; TO TRANSFER THE POWERS 11
AND DUTIES OF THE EMERGENCY MEDICAL SERVICES ADVISORY 12
COUNCIL TO THE EMERGENCY MEDICAL SERVICES ADVISORY 13
COMMITTEE AND THE STATE BOARD OF HEALTH; AND FOR 14
OTHER PURPOSES. 15
16
17
Subtitle 18
TO ABOLISH THE EMERGENCY MEDICAL 19
SERVICES ADVISORY COUNCIL; AND TO CREATE 20
THE EMERGENCY MEDICAL SERVICES ADVISORY 21
COMMITTEE. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. DO NOT CODIFY. Abolition of Emergency Medical Services 26
Advisory Council. 27
(a)(1) The Emergency Medical Services Advisory Council is abolished, 28
and its authority, duties, and functions are transferred to the Emergency 29
Medical Services Advisory Committee of the Department of Health. 30
(2) All administrative functions, including the functions of 31
budgeting or purchasing, records, contracts, personnel, property, and 32
unexpended balances of appropriations, allocations, and other funds shall 33
remain with the Department of Health. 34
(b)(1) The abolishment of the Emergency Medical Services Advisory 35
Council does not affect the orders, rules, directives, registration, 36 HB1767
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licensing, or standards made or promulgated by the Emergency Medical Services 1
Advisory Council and the State Board of Health or the Department of Health at 2
the recommendation of the Emergency Medical Services Advisory Council before 3
the effective date of this act. 4
(2) The orders, rules, directives, registration, licensing, or 5
standards of the Emergency Medical Services Advisory Council and the State 6
Board of Health or the Department of Health at the recommendation of the 7
Emergency Medical Services Advisory Council shall continue to be in effect 8
until they are amended or repealed under authority given by law. 9
10
SECTION 2. Arkansas Code § 14 -43-601(b)(1), concerning municipal 11
affairs delineated, is amended to read as follows: 12
(b)(1) Matters of public health that concern emergency medical 13
services, emergency medical technicians services personnel, and ambulances, 14
as defined in §§ 20-13-201 — 20-13-209 and 20-13-211 the Emergency Medical 15
Services Act, § 20-13-201 et seq., and ambulance companies, shall be included 16
in the term “municipal affairs”. 17
18
SECTION 3. Arkansas Code § 14 -266-102(a)(2), concerning legislative 19
determination under the Ambulance Licensing Act, is amended to read as 20
follows: 21
(2) In addition, it is legislatively determined that, in order to 22
accomplish the purposes enumerated in this chapter, it may also be necessary 23
for the cities and counties, in addition to all other powers granted in this 24
chapter, to enact and establish standards, rules, and regulations that are 25
equal to, or greater than, the minimum standards and rules established by the 26
state, pursuant to §§ 20-13-201 — 20-13-209 and 20-13-211 the Emergency 27
Medical Services Act, § 20 -13-201 et seq., concerning emergency medical 28
services, emergency medical technicians, ambulances, ambulance companies, 29
their relative properties, facilities, equipment, personnel, and all aspects 30
attendant to providing emergency medical services and ambulance operations 31
within the boundaries of their respective cities or in respect to the 32
unincorporated areas of the county. 33
34
SECTION 4. Arkansas Code § 14 -266-105(a)(1)(A), concerning the grant 35
of authority to cities of the first class, cities of the second class, and 36 HB1767
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counties under the Ambulance Licensing Act, is amended to read as follows: 1
(1)(A) Enact and establish standards, rules, and regulations that 2
are equal to or greater than those established by the state concerning 3
emergency medical services and emergency medical services personnel, 4
emergency and nonemergency ambulances, and ambulance companies, as defined 5
under §§ 20-13-201 — 20-13-209 and 20-13-211 the Emergency Medical Services 6
Act, § 20-13-201 et seq. 7
8
SECTION 5. Arkansas Code § 19-5-1078 is amended to read as follows: 9
19-5-1078. EMS Enhancement Revolving Fund. 10
(a)(1) There is created on the books of the Treasurer of State, the 11
Auditor of State, and the Chief Fiscal Officer of the State a fund to be 12
known as the “EMS Enhancement Revolving Fund”. 13
(2) The EMS Enhancement Revolving Fund shall consist of such 14
revenue as may be provided by law. 15
(b) Any funds remaining in the EMS Enhancement Revolving Fund at the 16
end of the fiscal year shall be made available for distribution as follows: 17
(1) Fifty percent (50%) of the funds shall be available for 18
distribution to the eligible state -licensed emergency medical services 19
through a grant program managed by the Division of Emergency Medical Services 20
of the Department of Health pursuant to § 20 -13-103; 21
(2) Ten percent (10%) of the funds shall be authorized for use 22
by the division department for administering the grant program prescribed in 23
§ 20-13-103, as well as for training, education, equipment, and supplies as 24
needed to maintain staff proficiency in emergency medical services and 25
testing support; 26
(3)(A) Five percent (5%) of the funds shall be authorized for 27
the purposes of upgrading or instituting educational training sites and the 28
increased availability of emergency medical services training programs. 29
(B) The training sites must meet the certification 30
standards of the division department; 31
(4)(A) Ten percent (10%) of the funds shall be authorized for 32
the purpose of instituting special projects managed by the division 33
department that are directed toward the improvement of emergency medical 34
services and the presentation of specialized training programs. 35
(B) Such programs or projects shall meet the standards set 36 HB1767
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forth in the United States Department of Transportation's National Standard 1
Curriculum of 1998 for Emergency Medical Technician training and approved by 2
the division department; 3
(5) Twenty percent (20%) of the funds shall be authorized for 4
the purpose of instituting and maintaining a trauma system and trauma 5
registry; and 6
(6) Five percent (5%) of the funds shall be authorized for use 7
by the division department for: 8
(A) Maintaining quality emergency medical services; and 9
(B) Ensuring public safety and proper medical care by 10
inspecting and licensing ambulance services and registering emergency medical 11
services vehicles. 12
13
SECTION 6. Arkansas Code § 20 -13-101(c), concerning the Emergency 14
Medical Services Revolving Fund Act, is amended to read as follows: 15
(c)(1) It shall be the responsibility of the Division of Emergency 16
Medical Services Department of Health to promulgate all rules for making 17
application for the matching funds. 18
(2) It shall be the further responsibility of the Department of 19
Health department to review all applications and approve those that shall be 20
eligible for moneys under the provisions of this section and as may otherwise 21
be provided by law. 22
23
SECTION 7. Arkansas Code § 20 -13-101(e), concerning the Emergency 24
Medical Services Revolving Fund Act, is amended to read as follows: 25
(e) All moneys deposited into this fund pursuant to § 20 -13-211 shall 26
be used by the department for the following purposes: 27
(1) Certification Licensure processing for emergency medical 28
technicians; 29
(2) Travel expenses related to the onsite administration of 30
practical and written examinations of emergency medical technicians; 31
(3) Maintenance of the emergency medical technician certification 32
licensure software program; 33
(4) Educational programs for emergency medical technicians; 34
(5) Continuing maintenance of the required EMT -Instructor 35
certification for agency personnel; and 36 HB1767
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(6) Other purposes consistent with this section. 1
2
SECTION 8. Arkansas Code § 20 -13-103 is amended to read as follows: 3
20-13-103. Grant requests — Division and use of funds. 4
(a) Grant requests for funds from the EMS Enhancement Revolving Fund 5
shall be reviewed by the Emergency Medical Services Advisory Council 6
specified in § 20-13-2015 Emergency Medical Services Advisory Committee and 7
recommendations for recipients of grant funds made to the Division of 8
Emergency Medical Services of the Department of Health. 9
(b)(1) The grant funds shall be evenly divided between the public, 10
private, and volunteer sectors. 11
(2) For the purposes of this subsection, the public sector shall 12
include only those applicants having paid employees. 13
(c) The grant funds may be used to purchase or fund: 14
(1)(A) Ambulances for use in providing emergency medical 15
services to the residents of Arkansas. 16
(B) Ambulances purchased with these funds shall meet the 17
standards for and be registered at the I-A level advanced emergency medical 18
technician or a higher level by the division department; 19
(2)(A) Rescue vehicles for use in providing advanced life 20
support or basic life support emergency care. 21
(B) Any vehicle purchased for advanced life support shall 22
meet the standards for and be registered at the advanced rescue level by the 23
division department; 24
(3) Equipment required on ambulances or required to provide 25
advanced life support or basic life support rescue services; 26
(4)(A) Training that leads to Arkansas licensure as emergency 27
medical services personnel at the basic or advanced levels. 28
(B) Failure to obtain licensure shall result in the 29
repayment of funds by the grantee; or 30
(5) Emergency medical services -related training approved by the 31
division department. 32
(d)(1) The funds may only be used to improve services by increasing 33
the capability and skills of emergency medical services. 34
(2) Funds may not be used to maintain present status, pay 35
salaries or daily operating expenses, contract for services, or purchase real 36 HB1767
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property. 1
(e) The funds may not be used for new services at a lower level than 2
an existing licensed service which has been in operation for more than one 3
(1) year in the service area. 4
(f)(1) All property purchased with the funds shall be returned to the 5
division department if the licensed ambulance service ceases operations. 6
(2) The division department shall make every effort to 7
redistribute returned property and supplies to the replacement service or 8
other eligible existing services within the same county. 9
(3) Should no eligible service exist or another eligible service 10
not be established in the county within one (l) year, all purchases shall be 11
redistributed by the division department as needed. 12
(g)(1) Any vehicle or equipment purchased with these funds shall be 13
used for its intended purpose for at least three (3) years from its date of 14
purchase. 15
(2) Vehicles or equipment damaged or worn out within the three -16
year period shall be replaced with a like or better item at the grantee's 17
expense. 18
19
SECTION 9. Arkansas Code § 20 -13-202(10), concerning definitions 20
pertaining to emergency medical services, is amended to read as follows: 21
(10) “Licensure” means official acknowledgment by the department 22
that an individual has demonstrated competence to perform the emergency 23
medical services required for licensure under the rules and standards adopted 24
by the board upon recommendation by the Emergency Medical Services Advisory 25
Council; 26
27
SECTION 10. Arkansas Code § 20 -13-205 is repealed. 28
20-13-205. Emergency Medical Services Advisory Council — Creation 29
— Members. 30
(a) There is created the Emergency Medical Services Advisory Council, 31
which shall consist of nineteen (19) members with a demonstrated interest in 32
emergency medical services, to be appointed by the Governor as follows: 33
(1) Four (4) members shall be licensed medical doctors of good 34
professional standing. One (1) member shall be appointed representing each of 35
the following areas: 36 HB1767
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(A) The Arkansas Chapter of the American College of 1
Emergency Physicians; 2
(B) The Arkansas Academy of Family Physicians, Inc.; 3
(C) The Arkansas Medical Society, Inc.; and 4
(D) The medical director for a licensed paramedic 5
ambulance service; 6
(2) One (1) member recommended by the Arkansas Hospital 7
Association, Inc.; 8
(3) One (1) member who shall be a member of the Arkansas 9
Emergency Nurses Association; 10
(4) One (1) member who shall be a member of, and recommended by, 11
the Arkansas Ambulance Association; 12
(5) One (1) member who shall be a licensed paramedic; 13
(6) One (1) member who shall be a licensed EMT; 14
(7) One (1) member representing fire department -based ambulance 15
services; 16
(8) One (1) member representing emergency medical services 17
personnel training sites who has had at least five (5) years' experience 18
associated with emergency medical services personnel in this state; 19
(9) One (1) member who shall be a consumer representative who 20
has an interest in public health and emergency medical services. The member 21
shall be appointed by the Governor from the state at large; 22
(10) One (1) member who shall be sixty -five (65) years of age or 23
more. This member shall be appointed by the Governor from the state at large 24
and shall not belong to any other group specifically addressed in this 25
section, with the exception of the consumer representative; 26
(11) One (1) member who shall represent city -based or county-27
based ambulance services; 28
(12) One (1) member who shall represent the Arkansas Association 29
of Chiefs of Police or the Arkansas Sheriffs' Association; 30
(13) One (1) member representing fire service rescue operations 31
which do not transport patients; 32
(14) One (1) member licensed as an attorney at law in good 33
professional standing within this state and having a knowledge of medical and 34
legal issues; 35
(15) One (1) member appointed from a list of two (2) nominees 36 HB1767
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submitted by the Arkansas Emergency Medical Technicians Association; and 1
(16) One (1) member who shall be a certified military emergency 2
medical technician. 3
(b) Members shall be appointed for terms of five (5) years. 4
(c) Vacancies on the council due to death, resignation, or other 5
causes shall be filled by appointment by the Governor for the unexpired 6
portion of the term thereof in the same manner as is provided in this section 7
for initial appointments. 8
(d) Members except those employed by the state may receive expense 9
reimbursement and stipends in accordance with § 25 -16-901 et seq. 10
(e) The members may be removed by the Governor for neglect of duty or 11
malfeasance in office. 12
13
SECTION 11. Arkansas Code § 20 -13-206 is repealed. 14
20-13-206. Emergency Medical Services Advisory Council — Proceedings. 15
(a) The Emergency Medical Services Advisory Council, within thirty 16
(30) days after its appointment, shall organize as necessary to carry out its 17
purposes as prescribed by this subchapter. 18
(b) Procedures adopted, amended, or repealed by the council shall 19
require a majority vote of all council members. 20
(c)(1) At the initial organizational meeting of the council, the 21
members shall elect from among their number a chair and a vice chair to serve 22
for one (1) year. 23
(2) Annually thereafter, an organizational meeting shall be held 24
to elect the officers. 25
(3) The Director of the Division of Emergency Medical Services 26
shall serve as the Executive Secretary of the Emergency Medical Services 27
Advisory Council. 28
(4) Seven (7) council members shall constitute a quorum. 29
(d) Quarterly meetings of the council may be held. Special meetings 30
may be called as provided by the rules of the council. 31
(e)(1) The Executive Secretary of the Emergency Medical Services 32
Advisory Council shall keep full and true records of all council proceedings 33
and preserve all books, documents, and papers relating to the business of the 34
council. 35
(2) The records of the council shall be open for inspection at 36 HB1767
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all reasonable times. 1
(f)(1) The council shall report in writing to the Secretary of the 2
Department of Health on or about July 31 of each year. 3
(2) The report shall contain a summary of the proceedings of the 4
council during the preceding fiscal year, a detailed and itemized statement 5
of all revenue and of all expenditures made by or in behalf of the council, 6
other information deemed necessary or useful, and any additional information 7
which may be requested by the Secretary of the Department of Health. 8
9
SECTION 12. Arkansas Code § 20 -13-207 is repealed. 10
20-13-207. Emergency Medical Services Advisory Council — Powers and 11
duties. 12
(a) The Emergency Medical Services Advisory Council shall recommend 13
for adoption by the State Board of Health rules on all matters relating to 14
emergency medical services, including without limitation: 15
(1) Standards for licensure of ambulance and advanced life 16
support rescue personnel; 17
(2) Standards for equipment required on ambulance and advanced 18
life support rescue vehicles; 19
(3) Standards for vehicles used in patient transportation and 20
advanced life support rescue response, including communications requirements; 21
(4) A statewide communications system for emergency medical 22
services; 23
(5) Operational standards for providers of ambulance and 24
advanced life support rescue services, including reporting requirements and 25
standards for air ambulance and air ambulance services; and 26
(6) Procedures for summoning and dispatching aid. 27
(b) The Department of Health shall have evidence that the standards 28
imposed are important to the quality of patient care. 29
30
SECTION 13. Arkansas Code § 20 -13-208 is amended to read as follows: 31
20-13-208. State Board of Health — Powers and duties. 32
(a)(1) The State Board of Health shall have the responsibility and 33
authority to hold public hearings and promulgate and implement rules and 34
standards which that it deems necessary to carry out the provisions of this 35
subchapter upon recommendation by the Emergency Medical Services Advisory 36 HB1767
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Committee. 1
(2) However, before implementing any rules or standards, the 2
board shall submit and obtain the review of the House Committee on Public 3
Health, Welfare, and Labor and the Senate Committee on Public Health, 4
Welfare, and Labor or appropriate subcommittees. 5
(b) In addition, the board may establish appropriate rules and 6
standards defining or limiting the emergency medical procedures or services 7
that may be rendered by licensed emergency medical services personnel who are 8
authorized to legally perform these services under the conditions set forth 9
by the board, except that before implementing any rules and standards, the 10
board shall submit and obtain the review of the House Committee on Public 11
Health, Welfare, and Labor and the Senate Committee on Public Health, 12
Welfare, and Labor or appropriate subcommittees. 13
(c) All rules and standards promulgated under this section shall be 14
adopted in accordance with the Arkansas Administrative Procedure Act, § 25 -15
15-201 et seq. 16
17
SECTION 14. Arkansas Code § 20 -13-210 is repealed. 18
20-13-210. Rules and standards — Review required. 19
(a)(1) All rules and standards relating to emergency medical services 20
promulgated and adopted by the Emergency Medical Services Advisory Council 21
and the State Board of Health or any other state agency or department 22
authorized to promulgate and adopt rules to carry out this subchapter shall 23
be submitted to the House Committee on Public Health, Welfare, and Labor and 24
the Senate Committee on Public Health, Welfare, and Labor or appropriate 25
subcommittees thereof for consideration before being placed in effect by the 26
department or agency. 27
(2) No rules or standards promulgated to carry out this 28
subchapter shall be enforced by any state agency or department until they 29
have been: 30
(A) Submitted to and considered by the House Committee on 31
Public Health, Welfare, and Labor and the Senate Committee on Public Health, 32
Welfare, and Labor; and 33
(B) Reviewed and approved by the Legislative Council under 34
§ 10-3-309. 35
(b) Rules promulgated by the Emergency Medical Services Advisory 36 HB1767
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Council shall receive approval of the Governor after he or she receives the 1
review and approval of the Legislative Council before effect and enforcement. 2
3
SECTION 15. Arkansas Code § 20-13-215(a), concerning the award of a 4
flag upon the death of a member of emergency medical services personnel, is 5
amended to read as follows: 6
(a) When a person licensed by the Division of Emergency Medical 7
Services Department of Health dies in the course of employment, in 8
recognition of and appreciation for the service of the deceased person, the 9
Department of Health department, upon recommendation by the Emergency Medical 10
Services Advisory Committee, may award one (1) United States flag to the 11
deceased person's spouse or family. 12
13
SECTION 16. The introductory language of Arkansas Code § 20 -13-218(c), 14
concerning standards for communication between emergency medical services 15
personnel and patients regarding specific health conditions, is amended to 16
read as follows: 17
(c) The Emergency Medical Services Advisory Council Emergency Medical 18
Services Advisory Committee shall establish standards for: 19
20
SECTION 17. Arkansas Code Title 20, Chapter 13, Subchapter 2, is 21
amended to add additional sections to read as follows: 22
20-13-220. Emergency Medical Services Advisory Committee — Creation — 23
Members. 24
(a) There is created the Emergency Medical Services Advisory 25
Committee, which shall consist of nine (9) members with a demonstrated 26
interest in emergency medical services, to be appointed by the State Board of 27
Health as follows: 28
(1) One (1) member who is an emergency medical services medical 29
director of a ground ambulance service; 30
(2) One (1) member who is an emergency physician certified by 31
the Arkansas State Medical Board with emergency room or critical care 32
experience; 33
(3) One (1) member from the state at large who is a consumer 34
representative who has an interest in public health and emergency medical 35
services; 36 HB1767
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(4)(A) One (1) member who is an emergency medical services 1
paramedic from a ground transportation provider. 2
(B) The State Board of Health shall consult The Arkansas 3
Ambulance Association before making an appointment under subdivision 4
(a)(4)(A) of this section; 5
(5)(A) One (1) member from the state at large who is an 6
emergency medical services paramedic working as an emergency medical 7
technician, an advanced emergency medical technician, a paramedic, or a 8
community paramedic. 9
(B) The State Board of Health shall consult the AEMTA Air 10
Medical Society before making an appointment under subdivision (a)(5)(A) of 11
this section; 12
(6)(A) One (1) member who is an air medical services paramedic. 13
(B) The State Board of Health shall consult the Air 14
Medical Society of the Arkansas Emergency Medical Technicians Association 15
before making an appointment under subdivision (a)(6)(A) of this section; 16
(7)(A) One (1) member who is a public or government licensed 17
ambulance service provider. 18
(B) The State Board of Health shall consult The Arkansas 19
Ambulance Association before making an appointment under subdivision 20
(a)(7)(A) of this section; 21
(8)(A) One (1) member who is a private licensed ambulance 22
service provider. 23
(B) The State Board of Health shall consult The Arkansas 24
Ambulance Association before making an appointment under subdivision 25
(a)(8)(A) of this section; and 26
(9) One (1) member who is a certified military emergency medical 27
technician. 28
(b)(1) Members shall be appointed for terms of two (2) years. 29
(2) Members shall not serve more than two (2) consecutive terms. 30
(c) When a member's term ends, the member shall hold office until his 31
or her successor is appointed and qualified. 32
(d) Vacancies on the committee due to death, resignation, or other 33
causes shall be filled by appointment by the State Board of Health for the 34
unexpired portion of the term in the same manner as is provided in this 35
section for initial appointments. 36 HB1767
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(e) The members of the committee shall serve without pay but may 1
receive expense reimbursement and stipends in accordance with § 25 -16-901 et 2
seq. 3
(f) The members of the committee may be removed by the State Board of 4
Health for neglect of duty or malfeasance in office. 5
(g) Members who are appointed as employee members under subsection (a) 6
of this section shall be active employees in their represented field. 7
8
20-13-221. Emergency Medical Services Advisory Committee — 9
Proceedings. 10
(a) The Secretary of the Department of Health shall call the first 11
meeting of the Emergency Medical Services Advisory Committee, which shall 12
occur within thirty (30) days after the appointment of the committee to 13
organize as necessary to carry out the purposes of the committee as 14
prescribed by this subchapter. 15
(b) Procedures adopted, amended, or repealed by the committee shall 16
require a majority vote of a quorum. 17
(c)(1) At the initial organizational meeting of the committee, the 18
members shall elect from among their number a chair and a vice chair to serve 19
for one (1) year. 20
(2) Annually thereafter, an organizational meeting of the 21
committee shall be held to elect the committee officers. 22
(3) The Secretary of the Department of Health or his or her 23
designee shall serve as the Executive Secretary of the Emergency Medical 24
Services Advisory Committee . 25
(4) Five (5) committee members shall constitute a quorum. 26
(d)(1) Quarterly meetings of the committee shall be held. 27
(2) Special meetings shall be called as provided by the rules of 28
the committee. 29
(e)(1) The Executive Secretary of the Emergency Medical Services 30
Advisory Committee shall keep full and true records of all committee 31
proceedings and preserve all books, documents, and papers relating to the 32
business of the committee. 33
(2) The records of the committee shall be open for inspection at 34
all reasonable times. 35
36 HB1767
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20-13-222. Emergency Medical Services Advisory Committee — Powers and 1
duties. 2
(a) In addition to the other duties set forth in this chapter, the 3
Emergency Medical Services Advisory Committee shall: 4
(1) Make recommendations for rules to be adopted by the State 5
Board of Health on all matters relating to emergency medical services, 6
including without limitation: 7
(A) Standards for licensure of ambulance and advanced life 8
support rescue personnel; 9
(B) Standards for equipment required on ambulance and 10
advanced life support rescue vehicles; 11
(C) Standards for vehicles used in patient transportation 12
and advanced life support rescue response, including without limitation 13
communications requirements; 14
(D) A statewide communications system for emergency 15
medical services; 16
(E) Operational standards for providers of ambulance and 17
advanced life support rescue services, including without limitation reporting 18
requirements and standards for air ambulances and air ambulance services; and 19
(F) Procedures for summoning and dispatching aid; 20
(2) Assist area health planning in the establishment and 21
operation of local, municipal, county, or district emergency medical 22
services; 23
(3) Hold public administrative hearings for disciplinary action 24
against emergency medical services personnel or an emergency medical services 25
provider as defined under § 20 -13-202; 26
(4) Hear appeals for the denial or renewal of licensure of 27
emergency medical services personnel or emergency medical services providers 28
as defined under § 20-13-202; 29
(5) Review requests for waiver of criminal background 30
disqualifying offenses under § 20 -13-1106; and 31
(6)(A) Engage in the development of dispatching capabilities for 32
emergency medical services in the state. 33
(B) An emergency medical services provider shall make a 34
reasonable effort to see that a patient is taken to a physician or hospital 35
of the patient's choice, if within a reasonable distance. 36 HB1767
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(b) An appeal of an adverse action taken by the Emergency Medical 1
Services Advisory Committee under subdivisions (a)(3) and (4) of this section 2
may be made to the State Board of Health and then the appropriate circuit 3
court in accordance with the Arkansas Administrative Procedure Act, § 25 -15-4
201 et seq. 5
6
SECTION 18. Arkansas Code § 20 -13-807(b)(5), concerning the membership 7
of the Trauma Advisory Council, is amended to read as follows: 8
(5) One (1) member appointed by the Governor after consulting 9
the Emergency Medical Services Advisory Council Emergency Medical Services 10
Advisory Committee; 11
12
SECTION 19. Arkansas Code § 20 -13-901(4), concerning definitions 13
pertaining to the Arkansas Emergency Medical Services Do Not Resuscitate Act, 14
is amended to read as follows: 15
(4) “Emergency Medical Services Do Not Resuscitate Protocol” 16
means a standardized method of procedure, approved recommended by the State 17
Board of Health Emergency Medical Services Advisory Committee and adopted in 18
the rules of the department State Board of Health , for the withholding of 19
emergency life-sustaining procedures by emergency medical services personnel; 20
21
SECTION 20. Arkansas Code § 20 -13-906 is amended to read as follows: 22
20-13-906. Rulemaking authority. 23
(a) Upon the adoption of an Emergency Medical Services Do Not 24
Resuscitate Protocol by the State Board of Health at the recommendation of 25
the Emergency Medical Services Advisory Committee , the Department of Health 26
may adopt a standard form of Do Not Resuscitate Identification to be used 27
statewide. 28
(b) The department State Board of Health shall may adopt rules 29
recommended by the committee to administer the provisions of this subchapter. 30
31
SECTION 21. Arkansas Code § 20 -13-1002 is amended to read as follows: 32
20-13-1002. License application and renewal. 33
(a)(1) An application for the issuance or renewal of an ambulance 34
service license or a provisional ambulance service license shall be made on 35
forms provided by the Department of Health and shall be accompanied by any 36 HB1767
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fee as required by law or by rules promulgated by the department State Board 1
of Health. 2
(2) Each license shall be renewed annually. 3
(b) Each licensee shall be issued a service license in one (1) of the 4
classifications set forth by the department. 5
(c) The department board shall promulgate rules for the licensure and 6
renewal of an ambulance service license. 7
8
SECTION 22. Arkansas Code § 20 -13-1005 is amended to read as follows: 9
20-13-1005. Revocation of license. 10
Three (3) formal citations during the license term for failure to 11
comply with this subchapter and any rules promulgated by the Department of 12
Health State Board of Health in regard to ambulance services shall result in 13
revocation of the ambulance service license. 14
15
SECTION 23. Arkansas Code § 20 -13-1101(9), concerning definitions 16
pertaining to criminal records checks for emergency medical services 17
personnel, is amended to read as follows: 18
(9) “Licensure” means the official acknowledgment by the 19
department that an individual has demonstrated competence to perform the 20
emergency medical services required for licensure under the rules and 21
standards adopted by the State Board of Health upon recommendation by the 22
Emergency Medical Services Advisory Council Emergency Medical Services 23
Advisory Committee; 24
25
SECTION 24. Arkansas Code § 20 -13-1101(11), concerning definitions 26
pertaining to criminal records checks for emergency medical services 27
personnel, is amended to read as follows: 28
(11) “Relicensure” means the official acknowledgment by the 29
Division of Emergency Medical Services department that an individual has 30
demonstrated competence to perform the emergency medical services required 31
for relicensure under Arkansas EMS Rules Rules for Emergency Medical 32
Services, 20 CAR pt. 81 ; 33
34
SECTION 25. Arkansas Code § 20 -13-1102(b), concerning mandatory 35
criminal history checks for emergency medical services personnel, is amended 36 HB1767
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to read as follows: 1
(b) The Division of Emergency Medical Services of the Department of 2
Health shall conduct a state or national criminal history check, or both, on 3
the applicant and determine whether the applicant is disqualified from 4
licensure based on the report of the applicant's criminal history and forward 5
its determination to the applicant directly. 6
7
SECTION 26. Arkansas Code § 20 -13-1105 is amended to read as follows: 8
20-13-1105. Response — File copies. 9
The Division of Emergency Medical Services of the Department of Health 10
shall maintain on file for a period of three (3) years, subject to inspection 11
by the Arkansas Crime Information Center or the Identification Bureau of the 12
Division of Arkansas State Police, a copy of each criminal history check 13
completed by all applicants requesting state licensure. 14
15
SECTION 27. The introductory language of Arkansas Code § 20 -13-16
1106(a)(1), concerning disqualifying offenses for emergency medical services 17
certification, is amended to read as follows: 18
(a)(1) Except as provided in subdivision (d)(1) of this section, the 19
Division of Emergency Medical Services Department of Health shall issue a 20
determination that a person is disqualified from certification or 21
recertification if the person has been found guilty of or has pleaded guilty 22
or nolo contendere in a state court, inside or outside of this state, or a 23
federal court, to any of the following offenses or similar conduct under 24
another jurisdiction, including offenses for which the record has been 25
expunged: 26
27
SECTION 28. Arkansas Code § 20 -13-1106(a)(2), concerning disqualifying 28
offenses for emergency medical services certification, is amended to read as 29
follows: 30
(2)(A) However, the division department shall forward a request 31
for a waiver to the Secretary of the Department of Health Emergency Medical 32
Services Advisory Committee for review on all applicants who have been 33
convicted of the crimes in subdivision (a)(1) of this section if five (5) 34
years have passed since the conviction, if five (5) years have passed since 35
release from custodial confinement, or if the applicants are currently 36 HB1767
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certified licensed emergency medical services personnel, prior to making the 1
final determination on certification or recertification. 2
(B) Individuals under subdivision (a)(2)(A) of this 3
section shall not be suspended prior to the secretary's committee's making 4
the final determination. 5
6
SECTION 29. Arkansas Code § 20 -13-1106(b)(2), concerning disqualifying 7
offenses for emergency medical services certification, is amended to read as 8
follows: 9
(2) Was not committed while performing duties as a member of 10
emergency medical services personnel. 11
12
SECTION 30. Arkansas Code § 20 -13-1106(c)(1) and (2), concerning 13
disqualifying offenses for emergency medical services certification, is 14
amended to read as follows: 15
(c)(1) The provisions of this section may be waived by the Department 16
of Health committee upon written request by the person who is the subject of 17
the criminal history check. 18
(2) The written request for waiver shall be mailed delivered to 19
the secretary committee in care of the Department of Health within fifteen 20
(15) calendar days after receipt of the determination by the department. 21
22
SECTION 31. Arkansas Code § 20 -13-1107(b), concerning the procedure to 23
challenge a criminal history check, is amended to read as follows: 24
(b) The Division of Emergency Medical Services Emergency Medical 25
Services Advisory Committee shall follow the established procedures for 26
applicants to challenge determinations in accordance with the Arkansas 27
Administrative Procedure Act, § 25 -15-201 et seq., as stated in the current 28
EMS Rules Rules for Emergency Medical Services, 20 CAR pt. 81 . 29
30
SECTION 32. Arkansas Code § 20 -13-1108 is amended to read as follows: 31
20-13-1108. Additional checks. 32
The Division of Emergency Medical Services Department of Health 33
maintains the right to conduct additional criminal history checks at the cost 34
of the division department on applicants or Arkansas -licensed emergency 35
medical services personnel under investigation for violation of current 36 HB1767
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emergency medical services laws or rules. 1
2
SECTION 33. Arkansas Code § 20 -13-1109 is amended to read as follows: 3
20-13-1109. Report and index — Forms — Database. 4
(a) The Identification Bureau of the Division of Arkansas State Police 5
shall maintain an index of the results of each applicant's criminal history 6
check. 7
(b) The Division of Emergency Medical Services Department of Health 8
shall develop forms that are approved by the bureau to be used for criminal 9
history checks conducted under this subchapter. 10
(c) The Division of Emergency Services department shall develop and 11
maintain a database of determinations regarding applicants. 12
13
SECTION 34. Arkansas Code § 20 -13-1111 is amended to read as follows: 14
20-13-1111. Notice of convictions. 15
Arkansas-licensed emergency medical services personnel shall notify the 16
Division of Emergency Medical Services Department of Health of any conviction 17
of or plea of guilty or nolo contendere to any offenses listed in § 20 -13-18
1106(a) within ten (10) calendar days after the conviction or guilty plea or 19
plea of nolo contendere. 20
21
SECTION 35. Arkansas Code § 20 -13-1112 is amended to read as follows: 22
20-13-1112. Forms — Rules. 23
The Arkansas Crime Information Center, the Identification Bureau of the 24
Division of Arkansas State Police, and the Division of Emergency Medical 25
Services Department of Health shall cooperate to prepare forms and promulgate 26
consistent rules as necessary to implement this subchapter. 27
28
SECTION 36. Arkansas Code § 20 -13-1113 is amended to read as follows: 29
20-13-1113. Confidentiality. 30
(a) All criminal history checks obtained under this subchapter are 31
confidential and are restricted to the exclusive use of the Arkansas Crime 32
Information Center, the Identification Bureau of the Division of Arkansas 33
State Police, the Division of Emergency Medical Services Department of 34
Health, and the person who is the subject of the report. 35
(b) The information contained in criminal history checks shall not be 36 HB1767
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released or otherwise disclosed to any other person or agency except by court 1
order and is specifically exempt from disclosure under the Freedom of 2
Information Act of 1967, § 25 -19-101 et seq., except that the Division of 3
Emergency Services department shall furnish determinations to qualified 4
entities. 5
6
SECTION 37. The introductory language of Arkansas Code § 20 -13-7
1602(a), concerning community paramedic licensure, is amended to read as 8
follows: 9
(a) To be eligible for licensure by the Department of Health under the 10
Division of Emergency Medical Services as a community paramedic, an 11
individual shall: 12
13
SECTION 38. Arkansas Code § 20 -13-1603(a), concerning rules for the 14
community paramedic licensure program, is amended to read as follows: 15
(a) The Emergency Medical Services Advisory Council and the State 16
Board of Health shall adopt rules to implement this subchapter. 17
18
SECTION 39. Arkansas Code § 25 -16-903(19), concerning stipend 19
authorizations for certain state boards, is amended to read as follows: 20
(19) Emergency Medical Services Advisory Council Emergency 21
Medical Services Advisory Committee ; 22
23
SECTION 40. Arkansas Code § 25-43-802(a)(34), concerning the state 24
entities transferred to the Department of Health, is repealed: 25
(34) The Emergency Medical Services Advisory Council, created 26
under § 20-13-205; 27
28
29
30
31
32
33
34
35
36