Stricken language would be deleted from and underlined language would be added to present law. Act 863 of the Regular Session *LGL044* 03-19-2025 15:32:35 LGL044 State of Arkansas As Engrossed: H3/19/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1767 3 4 By: Representative L. Johnson 5 By: Senator Irvin 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 As Engrossed: H3/19/25 HB1767 2 03-19-2025 15:32:35 LGL044 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of the 7 Emergency Medical Services Advisory Council shall continue to be in effect 8 until they are amended or repealed under authority given by law. 9 10 SECTION 2.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 As Engrossed: H3/19/25 HB1767 3 03-19-2025 15:32:35 LGL044 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 As Engrossed: H3/19/25 HB1767 4 03-19-2025 15:32:35 LGL044 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 As Engrossed: H3/19/25 HB1767 5 03-19-2025 15:32:35 LGL044 (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 As Engrossed: H3/19/25 HB1767 6 03-19-2025 15:32:35 LGL044 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 As Engrossed: H3/19/25 HB1767 7 03-19-2025 15:32:35 LGL044 (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 As Engrossed: H3/19/25 HB1767 8 03-19-2025 15:32:35 LGL044 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 As Engrossed: H3/19/25 HB1767 9 03-19-2025 15:32:35 LGL044 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 As Engrossed: H3/19/25 HB1767 10 03-19-2025 15:32:35 LGL044 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 As Engrossed: H3/19/25 HB1767 11 03-19-2025 15:32:35 LGL044 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 eleven (11) with a demonstrated interest in 26 emergency medical services, to be appointed by the State Board of Health as 27 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 As Engrossed: H3/19/25 HB1767 12 03-19-2025 15:32:35 LGL044 (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 clinician 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 and a licensed emergency medical services 18 clinician. 19 (B) The State Board of Health shall consult The Arkansas 20 Ambulance Association before making an appointment under subdivision 21 (a)(7)(A) of this section; 22 (8)(A) One (1) member who is a private licensed ambulance 23 service provider and a licensed emergency medical services clinician. 24 (B) The State Board of Health shall consult The Arkansas 25 Ambulance Association before making an appointment under subdivision 26 (a)(8)(A) of this section; and 27 (9) One (1) member who is a certified military emergency medical 28 technician; 29 (10) One (1) member who is a fire -based ambulance service 30 provider; and 31 (11) One (1) member who is the Emergency Medical Services 32 Training Site Program Director. 33 (b)(1) Members shall be appointed for terms of two (2) years. 34 (2) Members shall not serve more than two (2) consecutive terms. 35 (c) When a member's term ends, the member shall hold office until his 36 As Engrossed: H3/19/25 HB1767 13 03-19-2025 15:32:35 LGL044 or her successor is appointed and qualified. 1 (d) Vacancies on the committee due to death, resignation, or other 2 causes shall be filled by appointment by the State Board of Health for the 3 unexpired portion of the term in the same manner as is provided in this 4 section for initial appointments. 5 (e) The members of the committee shall serve without pay but may 6 receive expense reimbursement and stipends in accordance with § 25 -16-901 et 7 seq. 8 (f) The members of the committee may be removed by the State Board of 9 Health for neglect of duty or malfeasance in office. 10 (g) Members who are appointed as employee members under subsection (a) 11 of this section shall be active employees in their represented field. 12 13 20-13-221. Emergency Medical Services Advisory Committee — 14 Proceedings. 15 (a) The Secretary of the Department of Health shall call the first 16 meeting of the Emergency Medical Services Advisory Committee, which shall 17 occur within thirty (30) days after the appointment of the committee to 18 organize as necessary to carry out the purposes of the committee as 19 prescribed by this subchapter. 20 (b) Procedures adopted, amended, or repealed by the committee shall 21 require a majority vote of a quorum. 22 (c)(1) At the initial organizational meeting of the committee, the 23 members shall elect from among their number a chair and a vice chair to serve 24 for one (1) year. 25 (2) Annually thereafter, an organizational meeting of the 26 committee shall be held to elect the committee officers. 27 (3) The Secretary of the Department of Health or his or her 28 designee shall serve as the Executive Secretary of the Emergency Medical 29 Services Advisory Committee . 30 (4) Six (6) committee members shall constitute a quorum. 31 (d)(1) Quarterly meetings of the committee shall be held. 32 (2) Special meetings shall be called as provided by the rules of 33 the committee. 34 (e)(1) The Executive Secretary of the Emergency Medical Services 35 Advisory Committee shall keep full and true records of all committee 36 As Engrossed: H3/19/25 HB1767 14 03-19-2025 15:32:35 LGL044 proceedings and preserve all books, documents, and papers relating to the 1 business of the committee. 2 (2) The records of the committee shall be open for inspection at 3 all reasonable times. 4 5 20-13-222. Emergency Medical Services Advisory Committee — Powers and 6 duties. 7 (a) In addition to the other duties set forth in this chapter, the 8 Emergency Medical Services Advisory Committee shall: 9 (1) Make recommendations for rules to be adopted by the State 10 Board of Health on all matters relating to emergency medical services, 11 including without limitation: 12 (A) Standards for licensure of ambulance and advanced life 13 support rescue personnel; 14 (B) Standards for equipment required on ambulance and 15 advanced life support rescue vehicles; 16 (C) Standards for vehicles used in patient transportation 17 and advanced life support rescue response, including without limitation 18 communications requirements; 19 (D) A statewide communications system for emergency 20 medical services; 21 (E) Operational standards for providers of ambulance and 22 advanced life support rescue services, including without limitation reporting 23 requirements and standards for air ambulances and air ambulance services; and 24 (F) Procedures for summoning and dispatching aid; 25 (2) Assist area health planning in the establishment and 26 operation of local, municipal, county, or district emergency medical 27 services; 28 (3) Hold public administrative hearings for disciplinary action 29 against emergency medical services personnel or an emergency medical services 30 provider as defined under § 20 -13-202; 31 (4) Hear appeals for the denial or renewal of licensure of 32 emergency medical services personnel or emergency medical services providers 33 as defined under § 20 -13-202; 34 (5) Review requests for waiver of criminal background 35 disqualifying offenses under § 20 -13-1106; and 36 As Engrossed: H3/19/25 HB1767 15 03-19-2025 15:32:35 LGL044 (6)(A) Engage in the development of dispatching capabilities for 1 emergency medical services in the state. 2 (B) An emergency medical services provider shall make a 3 reasonable effort to see that a patient is taken to a physician or hospital 4 of the patient's choice, if within a reasonable distance. 5 (b) An appeal of an adverse action taken by the Emergency Medical 6 Services Advisory Committee under subdivisions (a)(3) and (4) of this section 7 may be made to the State Board of Health and then the appropriate circuit 8 court in accordance with the Arkansas Administrative Procedure Act, § 25 -15-9 201 et seq. 10 11 SECTION 18. Arkansas Code § 20 -13-807(b)(5), concerning the membership 12 of the Trauma Advisory Council, is amended to read as follows: 13 (5) One (1) member appointed by the Governor after consulting 14 the Emergency Medical Services Advisory Council Emergency Medical Services 15 Advisory Committee; 16 17 SECTION 19. Arkansas Code § 20 -13-901(4), concerning definitions 18 pertaining to the Arkansas Emergency Medical Services Do Not Resuscitate Act, 19 is amended to read as follows: 20 (4) “Emergency Medical Services Do Not Resuscitate Protocol” 21 means a standardized method of procedure, approved recommended by the State 22 Board of Health Emergency Medical Services Advisory Committee and adopted in 23 the rules of the department State Board of Health , for the withholding of 24 emergency life-sustaining procedures by emergency medical services personnel; 25 26 SECTION 20. Arkansas Code § 20 -13-906 is amended to read as follows: 27 20-13-906. Rulemaking authority. 28 (a) Upon the adoption of an Emergency Medical Services Do Not 29 Resuscitate Protocol by the State Board of Health at the recommendation of 30 the Emergency Medical Services Advisory Committee , the Department of Health 31 may adopt a standard form of Do Not Resuscitate Identification to be used 32 statewide. 33 (b) The department State Board of Health shall may adopt rules 34 recommended by the committee to administer the provisions of this subchapter. 35 36 As Engrossed: H3/19/25 HB1767 16 03-19-2025 15:32:35 LGL044 SECTION 21. Arkansas Code § 20 -13-1002 is amended to read as follows: 1 20-13-1002. License application and renewal. 2 (a)(1) An application for the issuance or renewal of an ambulance 3 service license or a provisional ambulance service license shall be made on 4 forms provided by the Department of Health and shall be accompanied by any 5 fee as required by law or by rules promulgated by the department State Board 6 of Health. 7 (2) Each license shall be renewed annually. 8 (b) Each licensee shall be issued a service license in one (1) of the 9 classifications set forth by the department. 10 (c) The department board shall promulgate rules for the licensure and 11 renewal of an ambulance service license. 12 13 SECTION 22. Arkansas Code § 20 -13-1005 is amended to read as follows: 14 20-13-1005. Revocation of license. 15 Three (3) formal citations during the license term for failure to 16 comply with this subchapter and any rules promulgated by the Department of 17 Health State Board of Health in regard to ambulance services shall result in 18 revocation of the ambulance service license. 19 20 SECTION 23. Arkansas Code § 20 -13-1101(9), concerning definitions 21 pertaining to criminal records checks for emergency medical services 22 personnel, is amended to read as follows: 23 (9) “Licensure” means the official acknowledgment by the 24 department that an individual has demonstrated competence to perform the 25 emergency medical services required for licensure under the rules and 26 standards adopted by the State Board of Health upon recommendation by the 27 Emergency Medical Services Advisory Council Emergency Medical Services 28 Advisory Committee; 29 30 SECTION 24. Arkansas Code § 20 -13-1101(11), concerning definitions 31 pertaining to criminal records checks for emergency medical services 32 personnel, is amended to read as follows: 33 (11) “Relicensure” means the official acknowledgment by the 34 Division of Emergency Medical Services department that an individual has 35 demonstrated competence to perform the emergency medical services required 36 As Engrossed: H3/19/25 HB1767 17 03-19-2025 15:32:35 LGL044 for relicensure under Arkansas EMS Rules Rules for Emergency Medical 1 Services, 20 CAR pt. 81 ; 2 3 SECTION 25. Arkansas Code § 20 -13-1102(b), concerning mandatory 4 criminal history checks for emergency medical services personnel, is amended 5 to read as follows: 6 (b) The Division of Emergency Medical Services of the Department of 7 Health shall conduct a state or national criminal history check, or both, on 8 the applicant and determine whether the applicant is disqualified from 9 licensure based on the report of the applicant's criminal history and forward 10 its determination to the applicant directly. 11 12 SECTION 26. Arkansas Code § 20 -13-1105 is amended to read as follows: 13 20-13-1105. Response — File copies. 14 The Division of Emergency Medical Services of the Department of Health 15 shall maintain on file for a period of three (3) years, subject to inspection 16 by the Arkansas Crime Information Center or the Identification Bureau of the 17 Division of Arkansas State Police, a copy of each criminal history check 18 completed by all applicants requesting state licensure. 19 20 SECTION 27. The introductory language of Arkansas Code § 20 -13-21 1106(a)(1), concerning disqualifying offenses for emergency medical services 22 certification, is amended to read as follows: 23 (a)(1) Except as provided in subdivision (d)(1) of this section, the 24 Division of Emergency Medical Services Department of Health shall issue a 25 determination that a person is disqualified from certification or 26 recertification if the person has been found guilty of or has pleaded guilty 27 or nolo contendere in a state court, inside or outside of this state, or a 28 federal court, to any of the following offenses or similar conduct under 29 another jurisdiction, including offenses for which the record has been 30 expunged: 31 32 SECTION 28. Arkansas Code § 20 -13-1106(a)(2), concerning disqualifying 33 offenses for emergency medical services certification, is amended to read as 34 follows: 35 (2)(A) However, the division department shall forward a request 36 As Engrossed: H3/19/25 HB1767 18 03-19-2025 15:32:35 LGL044 for a waiver to the Secretary of the Department of Health Emergency Medical 1 Services Advisory Committee for review on all applicants who have been 2 convicted of the crimes in subdivision (a)(1) of this section if five (5) 3 years have passed since the conviction, if five (5) years have passed since 4 release from custodial confinement, or if the applicants are currently 5 certified licensed emergency medical services personnel, prior to making the 6 final determination on certification or recertification. 7 (B) Individuals under subdivision (a)(2)(A) of this 8 section shall not be suspended prior to the secretary's committee's making 9 the final determination. 10 11 SECTION 29. Arkansas Code § 20 -13-1106(b)(2), concerning disqualifying 12 offenses for emergency medical services certification, is amended to read as 13 follows: 14 (2) Was not committed while performing duties as a member of 15 emergency medical services personnel. 16 17 SECTION 30. Arkansas Code § 20 -13-1106(c)(1) and (2), concerning 18 disqualifying offenses for emergency medical services certification, is 19 amended to read as follows: 20 (c)(1) The provisions of this section may be waived by the Department 21 of Health committee upon written request by the person who is the subject of 22 the criminal history check. 23 (2) The written request for waiver shall be mailed delivered to 24 the secretary committee in care of the Department of Health within fifteen 25 (15) calendar days after receipt of the determination by the department. 26 27 SECTION 31. Arkansas Code § 20 -13-1107(b), concerning the procedure to 28 challenge a criminal history check, is amended to read as follows: 29 (b) The Division of Emergency Medical Services Emergency Medical 30 Services Advisory Committee shall follow the established procedures for 31 applicants to challenge determinations in accordance with the Arkansas 32 Administrative Procedure Act, § 25 -15-201 et seq., as stated in the current 33 EMS Rules Rules for Emergency Medical Services, 20 CAR pt. 81 . 34 35 SECTION 32. Arkansas Code § 20 -13-1108 is amended to read as follows: 36 As Engrossed: H3/19/25 HB1767 19 03-19-2025 15:32:35 LGL044 20-13-1108. Additional checks. 1 The Division of Emergency Medical Services Department of Health 2 maintains the right to conduct additional criminal history checks at the cost 3 of the division department on applicants or Arkansas -licensed emergency 4 medical services personnel under investigation for violation of current 5 emergency medical services laws or rules. 6 7 SECTION 33. Arkansas Code § 20 -13-1109 is amended to read as follows: 8 20-13-1109. Report and index — Forms — Database. 9 (a) The Identification Bureau of the Division of Arkansas State Police 10 shall maintain an index of the results of each applicant's criminal history 11 check. 12 (b) The Division of Emergency Medical Services Department of Health 13 shall develop forms that are approved by the bureau to be used for criminal 14 history checks conducted under this subchapter. 15 (c) The Division of Emergency Services department shall develop and 16 maintain a database of determinations regarding applicants. 17 18 SECTION 34. Arkansas Code § 20 -13-1111 is amended to read as follows: 19 20-13-1111. Notice of convictions. 20 Arkansas-licensed emergency medical services personnel shall notify the 21 Division of Emergency Medical Services Department of Health of any conviction 22 of or plea of guilty or nolo contendere to any offenses listed in § 20 -13-23 1106(a) within ten (10) calendar days after the conviction or guilty plea or 24 plea of nolo contendere. 25 26 SECTION 35. Arkansas Code § 20 -13-1112 is amended to read as follows: 27 20-13-1112. Forms — Rules. 28 The Arkansas Crime Information Center, the Identification Bureau of the 29 Division of Arkansas State Police, and the Division of Emergency Medical 30 Services Department of Health shall cooperate to prepare forms and promulgate 31 consistent rules as necessary to implement this subchapter. 32 33 SECTION 36. Arkansas Code § 20 -13-1113 is amended to read as follows: 34 20-13-1113. Confidentiality. 35 (a) All criminal history checks obtained under this subchapter are 36 As Engrossed: H3/19/25 HB1767 20 03-19-2025 15:32:35 LGL044 confidential and are restricted to the exclusive use of the Arkansas Crime 1 Information Center, the Identification Bureau of the Division of Arkansas 2 State Police, the Division of Emergency Medical Services Department of 3 Health, and the person who is the subject of the report. 4 (b) The information contained in criminal history checks shall not be 5 released or otherwise disclosed to any other person or agency except by court 6 order and is specifically exempt from disclosure under the Freedom of 7 Information Act of 1967, § 25 -19-101 et seq., except that the Division of 8 Emergency Services department shall furnish determinations to qualified 9 entities. 10 11 SECTION 37. The introductory language of Arkansas Code § 20 -13-12 1602(a), concerning community paramedic licensure, is amended to read as 13 follows: 14 (a) To be eligible for licensure by the Department of Health under the 15 Division of Emergency Medical Services as a community paramedic, an 16 individual shall: 17 18 SECTION 38. Arkansas Code § 20 -13-1603(a), concerning rules for the 19 community paramedic licensure program, is amended to read as follows: 20 (a) The Emergency Medical Services Advisory Council and the State 21 Board of Health shall adopt rules to implement this subchapter. 22 23 SECTION 39. Arkansas Code § 25 -16-903(19), concerning stipend 24 authorizations for certain state boards, is amended to read as follows: 25 (19) Emergency Medical Services Advisory Council Emergency 26 Medical Services Advisory Committee ; 27 28 SECTION 40. Arkansas Code § 25 -43-802(a)(34), concerning the state 29 entities transferred to the Department of Health, is repealed: 30 (34) The Emergency Medical Services Advisory Council, created 31 under § 20-13-205; 32 33 /s/L. Johnson 34 APPROVED: 4/17/25 35 36