Arkansas 2025 Regular Session

Arkansas House Bill HB1767 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 863 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: H3/19/25 1
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	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1767 3
8	6		4
9	7		By: Representative L. Johnson 5
10		-	~~By: Senator Irvin~~ 6
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO ABOLISH THE EMERGENCY MEDICAL SERVICES 9
14	12		ADVISORY COUNCIL; TO CREATE THE EMERGENCY MEDICAL 10
15	13		SERVICES ADVISORY COMMITTEE; TO TRANSFER THE POWERS 11
16	14		AND DUTIES OF THE EMERGENCY MEDICAL SERVICES ADVISORY 12
17	15		COUNCIL TO THE EMERGENCY MEDICAL SERVICES ADVISORY 13
18	16		COMMITTEE AND THE STATE BOARD OF HEALTH; AND FOR 14
19	17		OTHER PURPOSES. 15
20	18		16
21	19		17
22	20		Subtitle 18
23	21		TO ABOLISH THE EMERGENCY MEDICAL 19
24	22		SERVICES ADVISORY COUNCIL; AND TO CREATE 20
25	23		THE EMERGENCY MEDICAL SERVICES ADVISORY 21
26	24		COMMITTEE. 22
27	25		23
28	26		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
29	27		25
30	28		SECTION 1. DO NOT CODIFY. Abolition of Emergency Medical Services 26
31	29		Advisory Council. 27
32	30		(a)(1) The Emergency Medical Services Advisory Council is abolished, 28
33	31		and its authority, duties, and functions are transferred to the Emergency 29
34	32		Medical Services Advisory Committee of the Department of Health. 30
35	33		(2) All administrative functions, including the functions of 31
36	34		budgeting or purchasing, records, contracts, personnel, property, and 32
37	35		unexpended balances of appropriations, allocations, and other funds shall 33
38	36		remain with the Department of Health. 34
39	37		(b)(1) The abolishment of the Emergency Medical Services Advisory 35
40		-	Council does not affect the orders, rules, directives, registration, 36 ~~As Engrossed: H3/19/25~~ HB1767
	38	+	Council does not affect the orders, rules, directives, registration, 36 HB1767
41	39
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43		-
44		-
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45	41		licensing, or standards made or promulgated by the Emergency Medical Services 1
46	42		Advisory Council and the State Board of Health or the Department of Health at 2
47	43		the recommendation of the Emergency Medical Services Advisory Council before 3
48	44		the effective date of this act. 4
49	45		(2) The orders, rules, directives, registration, licensing, or 5
50	46		standards of the Emergency Medical Services Advisory Council and the State 6
51	47		Board of Health or the Department of Health at the recommendation of the 7
52	48		Emergency Medical Services Advisory Council shall continue to be in effect 8
53	49		until they are amended or repealed under authority given by law. 9
54	50		10
55	51		SECTION 2. Arkansas Code § 14 -43-601(b)(1), concerning municipal 11
56	52		affairs delineated, is amended to read as follows: 12
57	53		(b)(1) Matters of public health that concern emergency medical 13
58	54		services, emergency medical technicians services personnel, and ambulances, 14
59	55		as defined in §§ 20-13-201 — 20-13-209 and 20-13-211 the Emergency Medical 15
60	56		Services Act, § 20-13-201 et seq., and ambulance companies, shall be included 16
61	57		in the term “municipal affairs”. 17
62	58		18
63	59		SECTION 3. Arkansas Code § 14 -266-102(a)(2), concerning legislative 19
64	60		determination under the Ambulance Licensing Act, is amended to read as 20
65	61		follows: 21
66	62		(2) In addition, it is legislatively determined that, in order to 22
67	63		accomplish the purposes enumerated in this chapter, it may also be necessary 23
68	64		for the cities and counties, in addition to all other powers granted in this 24
69	65		chapter, to enact and establish standards, rules, and regulations that are 25
70	66		equal to, or greater than, the minimum standards and rules established by the 26
71	67		state, pursuant to §§ 20-13-201 — 20-13-209 and 20-13-211 the Emergency 27
72	68		Medical Services Act, § 20 -13-201 et seq., concerning emergency medical 28
73	69		services, emergency medical technicians, ambulances, ambulance companies, 29
74	70		their relative properties, facilities, equipment, personnel, and all aspects 30
75	71		attendant to providing emergency medical services and ambulance operations 31
76	72		within the boundaries of their respective cities or in respect to the 32
77	73		unincorporated areas of the county. 33
78	74		34
79	75		SECTION 4. Arkansas Code § 14 -266-105(a)(1)(A), concerning the grant 35
80		-	of authority to cities of the first class, cities of the second class, and 36 ~~As Engrossed: H3/19/25~~ HB1767
	76	+	of authority to cities of the first class, cities of the second class, and 36 HB1767
81	77
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83		-
84		-
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85	79		counties under the Ambulance Licensing Act, is amended to read as follows: 1
86	80		(1)(A) Enact and establish standards, rules, and regulations that 2
87	81		are equal to or greater than those established by the state concerning 3
88	82		emergency medical services and emergency medical services personnel, 4
89	83		emergency and nonemergency ambulances, and ambulance companies, as defined 5
90	84		under §§ 20-13-201 — 20-13-209 and 20-13-211 the Emergency Medical Services 6
91	85		Act, § 20-13-201 et seq. 7
92	86		8
93	87		SECTION 5. Arkansas Code § 19-5-1078 is amended to read as follows: 9
94	88		19-5-1078. EMS Enhancement Revolving Fund. 10
95	89		(a)(1) There is created on the books of the Treasurer of State, the 11
96	90		Auditor of State, and the Chief Fiscal Officer of the State a fund to be 12
97	91		known as the “EMS Enhancement Revolving Fund”. 13
98	92		(2) The EMS Enhancement Revolving Fund shall consist of such 14
99	93		revenue as may be provided by law. 15
100	94		(b) Any funds remaining in the EMS Enhancement Revolving Fund at the 16
101	95		end of the fiscal year shall be made available for distribution as follows: 17
102	96		(1) Fifty percent (50%) of the funds shall be available for 18
103	97		distribution to the eligible state -licensed emergency medical services 19
104	98		through a grant program managed by the Division of Emergency Medical Services 20
105	99		of the Department of Health pursuant to § 20 -13-103; 21
106	100		(2) Ten percent (10%) of the funds shall be authorized for use 22
107	101		by the division department for administering the grant program prescribed in 23
108	102		§ 20-13-103, as well as for training, education, equipment, and supplies as 24
109	103		needed to maintain staff proficiency in emergency medical services and 25
110	104		testing support; 26
111	105		(3)(A) Five percent (5%) of the funds shall be authorized for 27
112	106		the purposes of upgrading or instituting educational training sites and the 28
113	107		increased availability of emergency medical services training programs. 29
114	108		(B) The training sites must meet the certification 30
115	109		standards of the division department; 31
116	110		(4)(A) Ten percent (10%) of the funds shall be authorized for 32
117	111		the purpose of instituting special projects managed by the division 33
118	112		department that are directed toward the improvement of emergency medical 34
119	113		services and the presentation of specialized training programs. 35
120		-	(B) Such programs or projects shall meet the standards set 36 ~~As Engrossed: H3/19/25~~ HB1767
	114	+	(B) Such programs or projects shall meet the standards set 36 HB1767
121	115
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123		-
124		-
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125	117		forth in the United States Department of Transportation's National Standard 1
126	118		Curriculum of 1998 for Emergency Medical Technician training and approved by 2
127	119		the division department; 3
128	120		(5) Twenty percent (20%) of the funds shall be authorized for 4
129	121		the purpose of instituting and maintaining a trauma system and trauma 5
130	122		registry; and 6
131	123		(6) Five percent (5%) of the funds shall be authorized for use 7
132	124		by the division department for: 8
133	125		(A) Maintaining quality emergency medical services; and 9
134	126		(B) Ensuring public safety and proper medical care by 10
135	127		inspecting and licensing ambulance services and registering emergency medical 11
136	128		services vehicles. 12
137	129		13
138	130		SECTION 6. Arkansas Code § 20 -13-101(c), concerning the Emergency 14
139	131		Medical Services Revolving Fund Act, is amended to read as follows: 15
140	132		(c)(1) It shall be the responsibility of the Division of Emergency 16
141	133		Medical Services Department of Health to promulgate all rules for making 17
142	134		application for the matching funds. 18
143	135		(2) It shall be the further responsibility of the Department of 19
144	136		Health department to review all applications and approve those that shall be 20
145	137		eligible for moneys under the provisions of this section and as may otherwise 21
146	138		be provided by law. 22
147	139		23
148	140		SECTION 7. Arkansas Code § 20 -13-101(e), concerning the Emergency 24
149	141		Medical Services Revolving Fund Act, is amended to read as follows: 25
150	142		(e) All moneys deposited into this fund pursuant to § 20 -13-211 shall 26
151	143		be used by the department for the following purposes: 27
152	144		(1) Certification Licensure processing for emergency medical 28
153	145		technicians; 29
154	146		(2) Travel expenses related to the onsite administration of 30
155	147		practical and written examinations of emergency medical technicians; 31
156	148		(3) Maintenance of the emergency medical technician certification 32
157	149		licensure software program; 33
158	150		(4) Educational programs for emergency medical technicians; 34
159	151		(5) Continuing maintenance of the required EMT -Instructor 35
160		-	certification for agency personnel; and 36 ~~As Engrossed: H3/19/25~~ HB1767
	152	+	certification for agency personnel; and 36 HB1767
161	153
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164		-
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165	155		(6) Other purposes consistent with this section. 1
166	156		2
167	157		SECTION 8. Arkansas Code § 20 -13-103 is amended to read as follows: 3
168	158		20-13-103. Grant requests — Division and use of funds. 4
169	159		(a) Grant requests for funds from the EMS Enhancement Revolving Fund 5
170	160		shall be reviewed by the Emergency Medical Services Advisory Council 6
171	161		specified in § 20-13-2015 Emergency Medical Services Advisory Committee and 7
172	162		recommendations for recipients of grant funds made to the Division of 8
173	163		Emergency Medical Services of the Department of Health. 9
174	164		(b)(1) The grant funds shall be evenly divided between the public, 10
175	165		private, and volunteer sectors. 11
176	166		(2) For the purposes of this subsection, the public sector shall 12
177	167		include only those applicants having paid employees. 13
178	168		(c) The grant funds may be used to purchase or fund: 14
179	169		(1)(A) Ambulances for use in providing emergency medical 15
180	170		services to the residents of Arkansas. 16
181	171		(B) Ambulances purchased with these funds shall meet the 17
182	172		standards for and be registered at the I-A level advanced emergency medical 18
183	173		technician or a higher level by the division department; 19
184	174		(2)(A) Rescue vehicles for use in providing advanced life 20
185	175		support or basic life support emergency care. 21
186	176		(B) Any vehicle purchased for advanced life support shall 22
187	177		meet the standards for and be registered at the advanced rescue level by the 23
188	178		division department; 24
189	179		(3) Equipment required on ambulances or required to provide 25
190	180		advanced life support or basic life support rescue services; 26
191	181		(4)(A) Training that leads to Arkansas licensure as emergency 27
192	182		medical services personnel at the basic or advanced levels. 28
193	183		(B) Failure to obtain licensure shall result in the 29
194	184		repayment of funds by the grantee; or 30
195	185		(5) Emergency medical services -related training approved by the 31
196	186		division department. 32
197	187		(d)(1) The funds may only be used to improve services by increasing 33
198	188		the capability and skills of emergency medical services. 34
199	189		(2) Funds may not be used to maintain present status, pay 35
200		-	salaries or daily operating expenses, contract for services, or purchase real 36 ~~As Engrossed: H3/19/25~~ HB1767
	190	+	salaries or daily operating expenses, contract for services, or purchase real 36 HB1767
201	191
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204		-
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205	193		property. 1
206	194		(e) The funds may not be used for new services at a lower level than 2
207	195		an existing licensed service which has been in operation for more than one 3
208	196		(1) year in the service area. 4
209	197		(f)(1) All property purchased with the funds shall be returned to the 5
210	198		division department if the licensed ambulance service ceases operations. 6
211	199		(2) The division department shall make every effort to 7
212	200		redistribute returned property and supplies to the replacement service or 8
213	201		other eligible existing services within the same county. 9
214	202		(3) Should no eligible service exist or another eligible service 10
215	203		not be established in the county within one (l) year, all purchases shall be 11
216	204		redistributed by the division department as needed. 12
217	205		(g)(1) Any vehicle or equipment purchased with these funds shall be 13
218	206		used for its intended purpose for at least three (3) years from its date of 14
219	207		purchase. 15
220	208		(2) Vehicles or equipment damaged or worn out within the three -16
221	209		year period shall be replaced with a like or better item at the grantee's 17
222	210		expense. 18
223	211		19
224	212		SECTION 9. Arkansas Code § 20 -13-202(10), concerning definitions 20
225	213		pertaining to emergency medical services, is amended to read as follows: 21
226	214		(10) “Licensure” means official acknowledgment by the department 22
227	215		that an individual has demonstrated competence to perform the emergency 23
228	216		medical services required for licensure under the rules and standards adopted 24
229	217		by the board upon recommendation by the Emergency Medical Services Advisory 25
230	218		Council; 26
231	219		27
232	220		SECTION 10. Arkansas Code § 20 -13-205 is repealed. 28
233	221		20-13-205. Emergency Medical Services Advisory Council — Creation 29
234	222		— Members. 30
235	223		(a) There is created the Emergency Medical Services Advisory Council, 31
236	224		which shall consist of nineteen (19) members with a demonstrated interest in 32
237	225		emergency medical services, to be appointed by the Governor as follows: 33
238	226		(1) Four (4) members shall be licensed medical doctors of good 34
239	227		professional standing. One (1) member shall be appointed representing each of 35
240		-	the following areas: 36 ~~As Engrossed: H3/19/25~~ HB1767
	228	+	the following areas: 36 HB1767
241	229
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245	231		(A) The Arkansas Chapter of the American College of 1
246	232		Emergency Physicians; 2
247	233		(B) The Arkansas Academy of Family Physicians, Inc.; 3
248	234		(C) The Arkansas Medical Society, Inc.; and 4
249	235		(D) The medical director for a licensed paramedic 5
250	236		ambulance service; 6
251	237		(2) One (1) member recommended by the Arkansas Hospital 7
252	238		Association, Inc.; 8
253	239		(3) One (1) member who shall be a member of the Arkansas 9
254	240		Emergency Nurses Association; 10
255	241		(4) One (1) member who shall be a member of, and recommended by, 11
256	242		the Arkansas Ambulance Association; 12
257	243		(5) One (1) member who shall be a licensed paramedic; 13
258	244		(6) One (1) member who shall be a licensed EMT; 14
259	245		(7) One (1) member representing fire department -based ambulance 15
260	246		services; 16
261	247		(8) One (1) member representing emergency medical services 17
262	248		personnel training sites who has had at least five (5) years' experience 18
263	249		associated with emergency medical services personnel in this state; 19
264	250		(9) One (1) member who shall be a consumer representative who 20
265	251		has an interest in public health and emergency medical services. The member 21
266	252		shall be appointed by the Governor from the state at large; 22
267	253		(10) One (1) member who shall be sixty -five (65) years of age or 23
268	254		more. This member shall be appointed by the Governor from the state at large 24
269	255		and shall not belong to any other group specifically addressed in this 25
270	256		section, with the exception of the consumer representative; 26
271	257		(11) One (1) member who shall represent city -based or county-27
272	258		based ambulance services; 28
273	259		(12) One (1) member who shall represent the Arkansas Association 29
274	260		of Chiefs of Police or the Arkansas Sheriffs' Association; 30
275	261		(13) One (1) member representing fire service rescue operations 31
276	262		which do not transport patients; 32
277	263		(14) One (1) member licensed as an attorney at law in good 33
278	264		professional standing within this state and having a knowledge of medical and 34
279	265		legal issues; 35
280		-	(15) One (1) member appointed from a list of two (2) nominees 36 ~~As Engrossed: H3/19/25~~ HB1767
	266	+	(15) One (1) member appointed from a list of two (2) nominees 36 HB1767
281	267
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285	269		submitted by the Arkansas Emergency Medical Technicians Association; and 1
286	270		(16) One (1) member who shall be a certified military emergency 2
287	271		medical technician. 3
288	272		(b) Members shall be appointed for terms of five (5) years. 4
289	273		(c) Vacancies on the council due to death, resignation, or other 5
290	274		causes shall be filled by appointment by the Governor for the unexpired 6
291	275		portion of the term thereof in the same manner as is provided in this section 7
292	276		for initial appointments. 8
293	277		(d) Members except those employed by the state may receive expense 9
294	278		reimbursement and stipends in accordance with § 25 -16-901 et seq. 10
295	279		(e) The members may be removed by the Governor for neglect of duty or 11
296	280		malfeasance in office. 12
297	281		13
298	282		SECTION 11. Arkansas Code § 20 -13-206 is repealed. 14
299	283		20-13-206. Emergency Medical Services Advisory Council — Proceedings. 15
300	284		(a) The Emergency Medical Services Advisory Council, within thirty 16
301	285		(30) days after its appointment, shall organize as necessary to carry out its 17
302	286		purposes as prescribed by this subchapter. 18
303	287		(b) Procedures adopted, amended, or repealed by the council shall 19
304	288		require a majority vote of all council members. 20
305	289		(c)(1) At the initial organizational meeting of the council, the 21
306	290		members shall elect from among their number a chair and a vice chair to serve 22
307	291		for one (1) year. 23
308	292		(2) Annually thereafter, an organizational meeting shall be held 24
309	293		to elect the officers. 25
310	294		(3) The Director of the Division of Emergency Medical Services 26
311	295		shall serve as the Executive Secretary of the Emergency Medical Services 27
312	296		Advisory Council. 28
313	297		(4) Seven (7) council members shall constitute a quorum. 29
314	298		(d) Quarterly meetings of the council may be held. Special meetings 30
315	299		may be called as provided by the rules of the council. 31
316	300		(e)(1) The Executive Secretary of the Emergency Medical Services 32
317	301		Advisory Council shall keep full and true records of all council proceedings 33
318	302		and preserve all books, documents, and papers relating to the business of the 34
319	303		council. 35
320		-	(2) The records of the council shall be open for inspection at 36 ~~As Engrossed: H3/19/25~~ HB1767
	304	+	(2) The records of the council shall be open for inspection at 36 HB1767
321	305
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325	307		all reasonable times. 1
326	308		(f)(1) The council shall report in writing to the Secretary of the 2
327	309		Department of Health on or about July 31 of each year. 3
328	310		(2) The report shall contain a summary of the proceedings of the 4
329	311		council during the preceding fiscal year, a detailed and itemized statement 5
330	312		of all revenue and of all expenditures made by or in behalf of the council, 6
331	313		other information deemed necessary or useful, and any additional information 7
332	314		which may be requested by the Secretary of the Department of Health. 8
333	315		9
334	316		SECTION 12. Arkansas Code § 20 -13-207 is repealed. 10
335	317		20-13-207. Emergency Medical Services Advisory Council — Powers and 11
336	318		duties. 12
337	319		(a) The Emergency Medical Services Advisory Council shall recommend 13
338	320		for adoption by the State Board of Health rules on all matters relating to 14
339	321		emergency medical services, including without limitation: 15
340	322		(1) Standards for licensure of ambulance and advanced life 16
341	323		support rescue personnel; 17
342	324		(2) Standards for equipment required on ambulance and advanced 18
343	325		life support rescue vehicles; 19
344	326		(3) Standards for vehicles used in patient transportation and 20
345	327		advanced life support rescue response, including communications requirements; 21
346	328		(4) A statewide communications system for emergency medical 22
347	329		services; 23
348	330		(5) Operational standards for providers of ambulance and 24
349	331		advanced life support rescue services, including reporting requirements and 25
350	332		standards for air ambulance and air ambulance services; and 26
351	333		(6) Procedures for summoning and dispatching aid. 27
352	334		(b) The Department of Health shall have evidence that the standards 28
353	335		imposed are important to the quality of patient care. 29
354	336		30
355	337		SECTION 13. Arkansas Code § 20 -13-208 is amended to read as follows: 31
356	338		20-13-208. State Board of Health — Powers and duties. 32
357	339		(a)(1) The State Board of Health shall have the responsibility and 33
358	340		authority to hold public hearings and promulgate and implement rules and 34
359	341		standards which that it deems necessary to carry out the provisions of this 35
360		-	subchapter upon recommendation by the Emergency Medical Services Advisory 36 ~~As Engrossed: H3/19/25~~ HB1767
	342	+	subchapter upon recommendation by the Emergency Medical Services Advisory 36 HB1767
361	343
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365	345		Committee. 1
366	346		(2) However, before implementing any rules or standards, the 2
367	347		board shall submit and obtain the review of the House Committee on Public 3
368	348		Health, Welfare, and Labor and the Senate Committee on Public Health, 4
369	349		Welfare, and Labor or appropriate subcommittees. 5
370	350		(b) In addition, the board may establish appropriate rules and 6
371	351		standards defining or limiting the emergency medical procedures or services 7
372	352		that may be rendered by licensed emergency medical services personnel who are 8
373	353		authorized to legally perform these services under the conditions set forth 9
374	354		by the board, except that before implementing any rules and standards, the 10
375	355		board shall submit and obtain the review of the House Committee on Public 11
376	356		Health, Welfare, and Labor and the Senate Committee on Public Health, 12
377	357		Welfare, and Labor or appropriate subcommittees. 13
378	358		(c) All rules and standards promulgated under this section shall be 14
379	359		adopted in accordance with the Arkansas Administrative Procedure Act, § 25 -15
380	360		15-201 et seq. 16
381	361		17
382	362		SECTION 14. Arkansas Code § 20 -13-210 is repealed. 18
383	363		20-13-210. Rules and standards — Review required. 19
384	364		(a)(1) All rules and standards relating to emergency medical services 20
385	365		promulgated and adopted by the Emergency Medical Services Advisory Council 21
386	366		and the State Board of Health or any other state agency or department 22
387	367		authorized to promulgate and adopt rules to carry out this subchapter shall 23
388	368		be submitted to the House Committee on Public Health, Welfare, and Labor and 24
389	369		the Senate Committee on Public Health, Welfare, and Labor or appropriate 25
390	370		subcommittees thereof for consideration before being placed in effect by the 26
391	371		department or agency. 27
392	372		(2) No rules or standards promulgated to carry out this 28
393	373		subchapter shall be enforced by any state agency or department until they 29
394	374		have been: 30
395	375		(A) Submitted to and considered by the House Committee on 31
396	376		Public Health, Welfare, and Labor and the Senate Committee on Public Health, 32
397	377		Welfare, and Labor; and 33
398	378		(B) Reviewed and approved by the Legislative Council under 34
399	379		§ 10-3-309. 35
400		-	(b) Rules promulgated by the Emergency Medical Services Advisory 36 ~~As Engrossed: H3/19/25~~ HB1767
	380	+	(b) Rules promulgated by the Emergency Medical Services Advisory 36 HB1767
401	381
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405	383		Council shall receive approval of the Governor after he or she receives the 1
406	384		review and approval of the Legislative Council before effect and enforcement. 2
407	385		3
408	386		SECTION 15. Arkansas Code § 20-13-215(a), concerning the award of a 4
409	387		flag upon the death of a member of emergency medical services personnel, is 5
410	388		amended to read as follows: 6
411	389		(a) When a person licensed by the Division of Emergency Medical 7
412	390		Services Department of Health dies in the course of employment, in 8
413	391		recognition of and appreciation for the service of the deceased person, the 9
414	392		Department of Health department, upon recommendation by the Emergency Medical 10
415	393		Services Advisory Committee, may award one (1) United States flag to the 11
416	394		deceased person's spouse or family. 12
417	395		13
418	396		SECTION 16. The introductory language of Arkansas Code § 20 -13-218(c), 14
419	397		concerning standards for communication between emergency medical services 15
420	398		personnel and patients regarding specific health conditions, is amended to 16
421	399		read as follows: 17
422	400		(c) The Emergency Medical Services Advisory Council Emergency Medical 18
423	401		Services Advisory Committee shall establish standards for: 19
424	402		20
425	403		SECTION 17. Arkansas Code Title 20, Chapter 13, Subchapter 2, is 21
426	404		amended to add additional sections to read as follows: 22
427	405		20-13-220. Emergency Medical Services Advisory Committee — Creation — 23
428	406		Members. 24
429	407		(a) There is created the Emergency Medical Services Advisory 25
430		-	Committee, which shall consist of ~~eleven~~ (11) with a demonstrated ~~interest in~~ 26
431		-	emergency medical services, to be appointed by the State Board of ~~Health as~~ 27
432		-	follows: 28
	408	+	Committee, which shall consist of nine (9) members with a demonstrated 26
	409	+	interest in emergency medical services, to be appointed by the State Board of 27
	410	+	Health as follows: 28
433	411		(1) One (1) member who is an emergency medical services medical 29
434	412		director of a ground ambulance service; 30
435	413		(2) One (1) member who is an emergency physician certified by 31
436	414		the Arkansas State Medical Board with emergency room or critical care 32
437	415		experience; 33
438	416		(3) One (1) member from the state at large who is a consumer 34
439	417		representative who has an interest in public health and emergency medical 35
440		-	services; 36 ~~As Engrossed: H3/19/25~~ HB1767
	418	+	services; 36 HB1767
441	419
442		-	12 03-19-2025 15:32:35 LGL044
443		-
444		-
	420	+	12 03/12/2025 2:42:37 PM LGL044
445	421		(4)(A) One (1) member who is an emergency medical services 1
446	422		paramedic from a ground transportation provider. 2
447	423		(B) The State Board of Health shall consult The Arkansas 3
448	424		Ambulance Association before making an appointment under subdivision 4
449	425		(a)(4)(A) of this section; 5
450	426		(5)(A) One (1) member from the state at large who is an 6
451		-	emergency medical services ~~clinician~~ working as an emergency medical 7
	427	+	emergency medical services paramedic working as an emergency medical 7
452	428		technician, an advanced emergency medical technician, a paramedic, or a 8
453	429		community paramedic. 9
454	430		(B) The State Board of Health shall consult the AEMTA Air 10
455	431		Medical Society before making an appointment under subdivision (a)(5)(A) of 11
456	432		this section; 12
457	433		(6)(A) One (1) member who is an air medical services paramedic. 13
458	434		(B) The State Board of Health shall consult the Air 14
459	435		Medical Society of the Arkansas Emergency Medical Technicians Association 15
460	436		before making an appointment under subdivision (a)(6)(A) of this section; 16
461	437		(7)(A) One (1) member who is a public or government licensed 17
462		-	ambulance service provider ~~and a licensed emergency medical services~~ 18
463		-	~~clinician.~~ 19
464		-	~~(B) The State Board of Health shall consult The Arkansas~~ 20
465		-	~~Ambulance Association before making an appointment under subdivision~~ 21
466		-	(~~a)(7~~)(A) ~~of this section;~~ 22
467		-	~~(8)(A) One (1) member who is a private licensed ambulance~~ 23
468		-	~~service provider and a licensed emergency medical services clinician.~~ 24
469		-	~~(B) The State Board of Health shall consult The Arkansas~~ 25
470		-	~~Ambulance Association before making an appointment under subdivision~~ 26
471		-	(~~a)(8)(A~~) ~~of this section;~~ ~~and~~ 27
472		-	~~(9) One (1) member who is a certified military emergency medical~~ 28
473		-	~~technician;~~ 29
474		-	(10) ~~One~~ (1) ~~member who is a fire -based ambulance service~~ 30
475		-	~~provider; and~~ 31
476		-	~~(11) One (1) member who~~ is ~~the Emergency Medical Services~~ 32
477		-	~~Training Site Program Director.~~ 33
478		-	~~(b)(1) Members~~ shall be ~~appointed~~ for ~~terms of two (2) years.~~ 34
479		-	~~(2) Members shall not serve more than two (2) consecutive terms.~~ 35
480		-	~~(c) When a member's term ends, the member shall hold office until his~~ 36 ~~As Engrossed: H3/19/25~~ HB1767
	438	+	ambulance service provider. 18
	439	+	(B) The State Board of Health shall consult The Arkansas 19
	440	+	Ambulance Association before making an appointment under subdivision 20
	441	+	(a)(7)(A) of this section; 21
	442	+	(8)(A) One (1) member who is a private licensed ambulance 22
	443	+	service provider. 23
	444	+	(B) The State Board of Health shall consult The Arkansas 24
	445	+	Ambulance Association before making an appointment under subdivision 25
	446	+	(a)(8)(A) of this section; and 26
	447	+	(9) One (1) member who is a certified military emergency medical 27
	448	+	technician. 28
	449	+	(b)(1) Members shall be appointed for terms of two (2) years. 29
	450	+	(2) Members shall not serve more than two (2) consecutive terms. 30
	451	+	(c) When a member's term ends, the member shall hold office until his 31
	452	+	or her successor is appointed and qualified. 32
	453	+	(d) Vacancies on the committee due to death, resignation, or other 33
	454	+	causes shall be filled by appointment by the State Board of Health for the 34
	455	+	unexpired portion of the term in the same manner as is provided in this 35
	456	+	section for initial appointments. 36 HB1767
481	457
482		-	13 03-19-2025 15:32:35 LGL044
	458	+	13 03/12/2025 2:42:37 PM LGL044
	459	+	(e) The members of the committee shall serve without pay but may 1
	460	+	receive expense reimbursement and stipends in accordance with § 25 -16-901 et 2
	461	+	seq. 3
	462	+	(f) The members of the committee may be removed by the State Board of 4
	463	+	Health for neglect of duty or malfeasance in office. 5
	464	+	(g) Members who are appointed as employee members under subsection (a) 6
	465	+	of this section shall be active employees in their represented field. 7
	466	+	8
	467	+	20-13-221. Emergency Medical Services Advisory Committee — 9
	468	+	Proceedings. 10
	469	+	(a) The Secretary of the Department of Health shall call the first 11
	470	+	meeting of the Emergency Medical Services Advisory Committee, which shall 12
	471	+	occur within thirty (30) days after the appointment of the committee to 13
	472	+	organize as necessary to carry out the purposes of the committee as 14
	473	+	prescribed by this subchapter. 15
	474	+	(b) Procedures adopted, amended, or repealed by the committee shall 16
	475	+	require a majority vote of a quorum. 17
	476	+	(c)(1) At the initial organizational meeting of the committee, the 18
	477	+	members shall elect from among their number a chair and a vice chair to serve 19
	478	+	for one (1) year. 20
	479	+	(2) Annually thereafter, an organizational meeting of the 21
	480	+	committee shall be held to elect the committee officers. 22
	481	+	(3) The Secretary of the Department of Health or his or her 23
	482	+	designee shall serve as the Executive Secretary of the Emergency Medical 24
	483	+	Services Advisory Committee . 25
	484	+	(4) Five (5) committee members shall constitute a quorum. 26
	485	+	(d)(1) Quarterly meetings of the committee shall be held. 27
	486	+	(2) Special meetings shall be called as provided by the rules of 28
	487	+	the committee. 29
	488	+	(e)(1) The Executive Secretary of the Emergency Medical Services 30
	489	+	Advisory Committee shall keep full and true records of all committee 31
	490	+	proceedings and preserve all books, documents, and papers relating to the 32
	491	+	business of the committee. 33
	492	+	(2) The records of the committee shall be open for inspection at 34
	493	+	all reasonable times. 35
	494	+	36 HB1767
483	495
	496	+	14 03/12/2025 2:42:37 PM LGL044
	497	+	20-13-222. Emergency Medical Services Advisory Committee — Powers and 1
	498	+	duties. 2
	499	+	(a) In addition to the other duties set forth in this chapter, the 3
	500	+	Emergency Medical Services Advisory Committee shall: 4
	501	+	(1) Make recommendations for rules to be adopted by the State 5
	502	+	Board of Health on all matters relating to emergency medical services, 6
	503	+	including without limitation: 7
	504	+	(A) Standards for licensure of ambulance and advanced life 8
	505	+	support rescue personnel; 9
	506	+	(B) Standards for equipment required on ambulance and 10
	507	+	advanced life support rescue vehicles; 11
	508	+	(C) Standards for vehicles used in patient transportation 12
	509	+	and advanced life support rescue response, including without limitation 13
	510	+	communications requirements; 14
	511	+	(D) A statewide communications system for emergency 15
	512	+	medical services; 16
	513	+	(E) Operational standards for providers of ambulance and 17
	514	+	advanced life support rescue services, including without limitation reporting 18
	515	+	requirements and standards for air ambulances and air ambulance services; and 19
	516	+	(F) Procedures for summoning and dispatching aid; 20
	517	+	(2) Assist area health planning in the establishment and 21
	518	+	operation of local, municipal, county, or district emergency medical 22
	519	+	services; 23
	520	+	(3) Hold public administrative hearings for disciplinary action 24
	521	+	against emergency medical services personnel or an emergency medical services 25
	522	+	provider as defined under § 20 -13-202; 26
	523	+	(4) Hear appeals for the denial or renewal of licensure of 27
	524	+	emergency medical services personnel or emergency medical services providers 28
	525	+	as defined under § 20-13-202; 29
	526	+	(5) Review requests for waiver of criminal background 30
	527	+	disqualifying offenses under § 20 -13-1106; and 31
	528	+	(6)(A) Engage in the development of dispatching capabilities for 32
	529	+	emergency medical services in the state. 33
	530	+	(B) An emergency medical services provider shall make a 34
	531	+	reasonable effort to see that a patient is taken to a physician or hospital 35
	532	+	of the patient's choice, if within a reasonable distance. 36 HB1767
484	533
485		-	or her successor is appointed and qualified. 1
486		-	(d) Vacancies on the committee due to death, resignation, or other 2
487		-	causes shall be filled by appointment by the State Board of Health for the 3
488		-	unexpired portion of the term in the same manner as is provided in this 4
489		-	section for initial appointments. 5
490		-	(e) The members of the committee shall serve without pay but may 6
491		-	receive expense reimbursement and stipends in accordance with § 25 -16-901 et 7
492		-	seq. 8
493		-	(f) The members of the committee may be removed by the State Board of 9
494		-	Health for neglect of duty or malfeasance in office. 10
495		-	(g) Members who are appointed as employee members under subsection (a) 11
496		-	of this section shall be active employees in their represented field. 12
	534	+	15 03/12/2025 2:42:37 PM LGL044
	535	+	(b) An appeal of an adverse action taken by the Emergency Medical 1
	536	+	Services Advisory Committee under subdivisions (a)(3) and (4) of this section 2
	537	+	may be made to the State Board of Health and then the appropriate circuit 3
	538	+	court in accordance with the Arkansas Administrative Procedure Act, § 25 -15-4
	539	+	201 et seq. 5
	540	+	6
	541	+	SECTION 18. Arkansas Code § 20 -13-807(b)(5), concerning the membership 7
	542	+	of the Trauma Advisory Council, is amended to read as follows: 8
	543	+	(5) One (1) member appointed by the Governor after consulting 9
	544	+	the Emergency Medical Services Advisory Council Emergency Medical Services 10
	545	+	Advisory Committee; 11
	546	+	12
	547	+	SECTION 19. Arkansas Code § 20 -13-901(4), concerning definitions 13
	548	+	pertaining to the Arkansas Emergency Medical Services Do Not Resuscitate Act, 14
	549	+	is amended to read as follows: 15
	550	+	(4) “Emergency Medical Services Do Not Resuscitate Protocol” 16
	551	+	means a standardized method of procedure, approved recommended by the State 17
	552	+	Board of Health Emergency Medical Services Advisory Committee and adopted in 18
	553	+	the rules of the department State Board of Health , for the withholding of 19
	554	+	emergency life-sustaining procedures by emergency medical services personnel; 20
	555	+	21
	556	+	SECTION 20. Arkansas Code § 20 -13-906 is amended to read as follows: 22
	557	+	20-13-906. Rulemaking authority. 23
	558	+	(a) Upon the adoption of an Emergency Medical Services Do Not 24
	559	+	Resuscitate Protocol by the State Board of Health at the recommendation of 25
	560	+	the Emergency Medical Services Advisory Committee , the Department of Health 26
	561	+	may adopt a standard form of Do Not Resuscitate Identification to be used 27
	562	+	statewide. 28
	563	+	(b) The department State Board of Health shall may adopt rules 29
	564	+	recommended by the committee to administer the provisions of this subchapter. 30
	565	+	31
	566	+	SECTION 21. Arkansas Code § 20 -13-1002 is amended to read as follows: 32
	567	+	20-13-1002. License application and renewal. 33
	568	+	(a)(1) An application for the issuance or renewal of an ambulance 34
	569	+	service license or a provisional ambulance service license shall be made on 35
	570	+	forms provided by the Department of Health and shall be accompanied by any 36 HB1767
	571	+
	572	+	16 03/12/2025 2:42:37 PM LGL044
	573	+	fee as required by law or by rules promulgated by the department State Board 1
	574	+	of Health. 2
	575	+	(2) Each license shall be renewed annually. 3
	576	+	(b) Each licensee shall be issued a service license in one (1) of the 4
	577	+	classifications set forth by the department. 5
	578	+	(c) The department board shall promulgate rules for the licensure and 6
	579	+	renewal of an ambulance service license. 7
	580	+	8
	581	+	SECTION 22. Arkansas Code § 20 -13-1005 is amended to read as follows: 9
	582	+	20-13-1005. Revocation of license. 10
	583	+	Three (3) formal citations during the license term for failure to 11
	584	+	comply with this subchapter and any rules promulgated by the Department of 12
	585	+	Health State Board of Health in regard to ambulance services shall result in 13
	586	+	revocation of the ambulance service license. 14
	587	+	15
	588	+	SECTION 23. Arkansas Code § 20 -13-1101(9), concerning definitions 16
	589	+	pertaining to criminal records checks for emergency medical services 17
	590	+	personnel, is amended to read as follows: 18
	591	+	(9) “Licensure” means the official acknowledgment by the 19
	592	+	department that an individual has demonstrated competence to perform the 20
	593	+	emergency medical services required for licensure under the rules and 21
	594	+	standards adopted by the State Board of Health upon recommendation by the 22
	595	+	Emergency Medical Services Advisory Council Emergency Medical Services 23
	596	+	Advisory Committee; 24
	597	+	25
	598	+	SECTION 24. Arkansas Code § 20 -13-1101(11), concerning definitions 26
	599	+	pertaining to criminal records checks for emergency medical services 27
	600	+	personnel, is amended to read as follows: 28
	601	+	(11) “Relicensure” means the official acknowledgment by the 29
	602	+	Division of Emergency Medical Services department that an individual has 30
	603	+	demonstrated competence to perform the emergency medical services required 31
	604	+	for relicensure under Arkansas EMS Rules Rules for Emergency Medical 32
	605	+	Services, 20 CAR pt. 81 ; 33
	606	+	34
	607	+	SECTION 25. Arkansas Code § 20 -13-1102(b), concerning mandatory 35
	608	+	criminal history checks for emergency medical services personnel, is amended 36 HB1767
	609	+
	610	+	17 03/12/2025 2:42:37 PM LGL044
	611	+	to read as follows: 1
	612	+	(b) The Division of Emergency Medical Services of the Department of 2
	613	+	Health shall conduct a state or national criminal history check, or both, on 3
	614	+	the applicant and determine whether the applicant is disqualified from 4
	615	+	licensure based on the report of the applicant's criminal history and forward 5
	616	+	its determination to the applicant directly. 6
	617	+	7
	618	+	SECTION 26. Arkansas Code § 20 -13-1105 is amended to read as follows: 8
	619	+	20-13-1105. Response — File copies. 9
	620	+	The Division of Emergency Medical Services of the Department of Health 10
	621	+	shall maintain on file for a period of three (3) years, subject to inspection 11
	622	+	by the Arkansas Crime Information Center or the Identification Bureau of the 12
	623	+	Division of Arkansas State Police, a copy of each criminal history check 13
	624	+	completed by all applicants requesting state licensure. 14
	625	+	15
	626	+	SECTION 27. The introductory language of Arkansas Code § 20 -13-16
	627	+	1106(a)(1), concerning disqualifying offenses for emergency medical services 17
	628	+	certification, is amended to read as follows: 18
	629	+	(a)(1) Except as provided in subdivision (d)(1) of this section, the 19
	630	+	Division of Emergency Medical Services Department of Health shall issue a 20
	631	+	determination that a person is disqualified from certification or 21
	632	+	recertification if the person has been found guilty of or has pleaded guilty 22
	633	+	or nolo contendere in a state court, inside or outside of this state, or a 23
	634	+	federal court, to any of the following offenses or similar conduct under 24
	635	+	another jurisdiction, including offenses for which the record has been 25
	636	+	expunged: 26
	637	+	27
	638	+	SECTION 28. Arkansas Code § 20 -13-1106(a)(2), concerning disqualifying 28
	639	+	offenses for emergency medical services certification, is amended to read as 29
	640	+	follows: 30
	641	+	(2)(A) However, the division department shall forward a request 31
	642	+	for a waiver to the Secretary of the Department of Health Emergency Medical 32
	643	+	Services Advisory Committee for review on all applicants who have been 33
	644	+	convicted of the crimes in subdivision (a)(1) of this section if five (5) 34
	645	+	years have passed since the conviction, if five (5) years have passed since 35
	646	+	release from custodial confinement, or if the applicants are currently 36 HB1767
	647	+
	648	+	18 03/12/2025 2:42:37 PM LGL044
	649	+	certified licensed emergency medical services personnel, prior to making the 1
	650	+	final determination on certification or recertification. 2
	651	+	(B) Individuals under subdivision (a)(2)(A) of this 3
	652	+	section shall not be suspended prior to the secretary's committee's making 4
	653	+	the final determination. 5
	654	+	6
	655	+	SECTION 29. Arkansas Code § 20 -13-1106(b)(2), concerning disqualifying 7
	656	+	offenses for emergency medical services certification, is amended to read as 8
	657	+	follows: 9
	658	+	(2) Was not committed while performing duties as a member of 10
	659	+	emergency medical services personnel. 11
	660	+	12
	661	+	SECTION 30. Arkansas Code § 20 -13-1106(c)(1) and (2), concerning 13
	662	+	disqualifying offenses for emergency medical services certification, is 14
	663	+	amended to read as follows: 15
	664	+	(c)(1) The provisions of this section may be waived by the Department 16
	665	+	of Health committee upon written request by the person who is the subject of 17
	666	+	the criminal history check. 18
	667	+	(2) The written request for waiver shall be mailed delivered to 19
	668	+	the secretary committee in care of the Department of Health within fifteen 20
	669	+	(15) calendar days after receipt of the determination by the department. 21
	670	+	22
	671	+	SECTION 31. Arkansas Code § 20 -13-1107(b), concerning the procedure to 23
	672	+	challenge a criminal history check, is amended to read as follows: 24
	673	+	(b) The Division of Emergency Medical Services Emergency Medical 25
	674	+	Services Advisory Committee shall follow the established procedures for 26
	675	+	applicants to challenge determinations in accordance with the Arkansas 27
	676	+	Administrative Procedure Act, § 25 -15-201 et seq., as stated in the current 28
	677	+	EMS Rules Rules for Emergency Medical Services, 20 CAR pt. 81 . 29
	678	+	30
	679	+	SECTION 32. Arkansas Code § 20 -13-1108 is amended to read as follows: 31
	680	+	20-13-1108. Additional checks. 32
	681	+	The Division of Emergency Medical Services Department of Health 33
	682	+	maintains the right to conduct additional criminal history checks at the cost 34
	683	+	of the division department on applicants or Arkansas -licensed emergency 35
	684	+	medical services personnel under investigation for violation of current 36 HB1767
	685	+
	686	+	19 03/12/2025 2:42:37 PM LGL044
	687	+	emergency medical services laws or rules. 1
	688	+	2
	689	+	SECTION 33. Arkansas Code § 20 -13-1109 is amended to read as follows: 3
	690	+	20-13-1109. Report and index — Forms — Database. 4
	691	+	(a) The Identification Bureau of the Division of Arkansas State Police 5
	692	+	shall maintain an index of the results of each applicant's criminal history 6
	693	+	check. 7
	694	+	(b) The Division of Emergency Medical Services Department of Health 8
	695	+	shall develop forms that are approved by the bureau to be used for criminal 9
	696	+	history checks conducted under this subchapter. 10
	697	+	(c) The Division of Emergency Services department shall develop and 11
	698	+	maintain a database of determinations regarding applicants. 12
497	699		13
498		-	20-13-~~221. Emergency Medical Services Advisory Committee —~~ 14
499		-	~~Proceedings~~. 15
500		-	~~(a)~~ The ~~Secretary of the Department of Health shall call the first~~ 16
501		-	~~meeting~~ of ~~the~~ Emergency Medical Services ~~Advisory Committee,~~ ~~which shall~~ 17
502		-	~~occur within thirty (30) days after the appointment~~ of ~~the committee~~ to 18
503		-	~~organize as necessary to carry out~~ the ~~purposes of the committee as~~ 19
504		-	~~prescribed by this subchapter~~. 20
505		-	~~(b) Procedures adopted, amended, or repealed by the committee shall~~ 21
506		-	~~require a majority vote of a quorum.~~ 22
507		-	~~(c)(1) At the initial organizational meeting of the committee, the~~ 23
508		-	~~members shall elect from among their number a chair and a vice chair to serve~~ 24
509		-	~~for one (1) year.~~ 25
510		-	~~(2) Annually thereafter, an organizational meeting~~ of ~~the~~ 26
511		-	~~committee shall be held~~ to ~~elect the committee officers~~. 27
512		-	~~(3) The Secretary of the Department of Health or his or her~~ 28
513		-	~~designee shall serve~~ as ~~the Executive Secretary of the Emergency Medical~~ 29
514		-	~~Services Advisory Committee~~ . 30
515		-	(4) ~~Six (6) committee members shall constitute a quorum.~~ 31
516		-	~~(d)(1) Quarterly meetings~~ of the ~~committee shall be held.~~ 32
517		-	~~(2) Special meetings shall be called as provided by~~ the ~~rules~~ of 33
518		-	the ~~committee.~~ 34
519		-	~~(e)(1)~~ The ~~Executive Secretary~~ of the ~~Emergency Medical Services~~ 35
520		-	~~Advisory Committee~~ shall ~~keep full and true records of all committee~~ 36 ~~As Engrossed: H3/19/25~~ HB1767
	700	+	SECTION 34. Arkansas Code § 20 -13-1111 is amended to read as follows: 14
	701	+	20-13-1111. Notice of convictions. 15
	702	+	Arkansas-licensed emergency medical services personnel shall notify the 16
	703	+	Division of Emergency Medical Services Department of Health of any conviction 17
	704	+	of or plea of guilty or nolo contendere to any offenses listed in § 20 -13-18
	705	+	1106(a) within ten (10) calendar days after the conviction or guilty plea or 19
	706	+	plea of nolo contendere. 20
	707	+	21
	708	+	SECTION 35. Arkansas Code § 20 -13-1112 is amended to read as follows: 22
	709	+	20-13-1112. Forms — Rules. 23
	710	+	The Arkansas Crime Information Center, the Identification Bureau of the 24
	711	+	Division of Arkansas State Police, and the Division of Emergency Medical 25
	712	+	Services Department of Health shall cooperate to prepare forms and promulgate 26
	713	+	consistent rules as necessary to implement this subchapter. 27
	714	+	28
	715	+	SECTION 36. Arkansas Code § 20 -13-1113 is amended to read as follows: 29
	716	+	20-13-1113. Confidentiality. 30
	717	+	(a) All criminal history checks obtained under this subchapter are 31
	718	+	confidential and are restricted to the exclusive use of the Arkansas Crime 32
	719	+	Information Center, the Identification Bureau of the Division of Arkansas 33
	720	+	State Police, the Division of Emergency Medical Services Department of 34
	721	+	Health, and the person who is the subject of the report. 35
	722	+	(b) The information contained in criminal history checks shall not be 36 HB1767
521	723
522		-	14 03-19-2025 15:32:35 LGL044
523		-
524		-
525		-	proceedings and preserve all books, documents, and papers relating to the 1
526		-	business of the committee. 2
527		-	(2) The records of the committee shall be open for inspection at 3
528		-	all reasonable times. 4
529		-	5
530		-	20-13-222. Emergency Medical Services Advisory Committee — Powers and 6
531		-	duties. 7
532		-	(a) In addition to the other duties set forth in this chapter, the 8
533		-	Emergency Medical Services Advisory Committee shall: 9
534		-	(1) Make recommendations for rules to be adopted by the State 10
535		-	Board of Health on all matters relating to emergency medical services, 11
536		-	including without limitation: 12
537		-	(A) Standards for licensure of ambulance and advanced life 13
538		-	support rescue personnel; 14
539		-	(B) Standards for equipment required on ambulance and 15
540		-	advanced life support rescue vehicles; 16
541		-	(C) Standards for vehicles used in patient transportation 17
542		-	and advanced life support rescue response, including without limitation 18
543		-	communications requirements; 19
544		-	(D) A statewide communications system for emergency 20
545		-	medical services; 21
546		-	(E) Operational standards for providers of ambulance and 22
547		-	advanced life support rescue services, including without limitation reporting 23
548		-	requirements and standards for air ambulances and air ambulance services; and 24
549		-	(F) Procedures for summoning and dispatching aid; 25
550		-	(2) Assist area health planning in the establishment and 26
551		-	operation of local, municipal, county, or district emergency medical 27
552		-	services; 28
553		-	(3) Hold public administrative hearings for disciplinary action 29
554		-	against emergency medical services personnel or an emergency medical services 30
555		-	provider as defined under § 20 -13-202; 31
556		-	(4) Hear appeals for the denial or renewal of licensure of 32
557		-	emergency medical services personnel or emergency medical services providers 33
558		-	as defined under § 20 -13-202; 34
559		-	(5) Review requests for waiver of criminal background 35
560		-	disqualifying offenses under § 20 -13-1106; and 36 As Engrossed: H3/19/25 HB1767
561		-
562		-	15 03-19-2025 15:32:35 LGL044
563		-
564		-
565		-	(6)(A) Engage in the development of dispatching capabilities for 1
566		-	emergency medical services in the state. 2
567		-	(B) An emergency medical services provider shall make a 3
568		-	reasonable effort to see that a patient is taken to a physician or hospital 4
569		-	of the patient's choice, if within a reasonable distance. 5
570		-	(b) An appeal of an adverse action taken by the Emergency Medical 6
571		-	Services Advisory Committee under subdivisions (a)(3) and (4) of this section 7
572		-	may be made to the State Board of Health and then the appropriate circuit 8
573		-	court in accordance with the Arkansas Administrative Procedure Act, § 25 -15-9
574		-	201 et seq. 10
575		-	11
576		-	SECTION 18. Arkansas Code § 20 -13-807(b)(5), concerning the membership 12
577		-	of the Trauma Advisory Council, is amended to read as follows: 13
578		-	(5) One (1) member appointed by the Governor after consulting 14
579		-	the Emergency Medical Services Advisory Council Emergency Medical Services 15
580		-	Advisory Committee; 16
581		-	17
582		-	SECTION 19. Arkansas Code § 20 -13-901(4), concerning definitions 18
583		-	pertaining to the Arkansas Emergency Medical Services Do Not Resuscitate Act, 19
584		-	is amended to read as follows: 20
585		-	(4) “Emergency Medical Services Do Not Resuscitate Protocol” 21
586		-	means a standardized method of procedure, approved recommended by the State 22
587		-	Board of Health Emergency Medical Services Advisory Committee and adopted in 23
588		-	the rules of the department State Board of Health , for the withholding of 24
589		-	emergency life-sustaining procedures by emergency medical services personnel; 25
590		-	26
591		-	SECTION 20. Arkansas Code § 20 -13-906 is amended to read as follows: 27
592		-	20-13-906. Rulemaking authority. 28
593		-	(a) Upon the adoption of an Emergency Medical Services Do Not 29
594		-	Resuscitate Protocol by the State Board of Health at the recommendation of 30
595		-	the Emergency Medical Services Advisory Committee , the Department of Health 31
596		-	may adopt a standard form of Do Not Resuscitate Identification to be used 32
597		-	statewide. 33
598		-	(b) The department State Board of Health shall may adopt rules 34
599		-	recommended by the committee to administer the provisions of this subchapter. 35
600		-	36 As Engrossed: H3/19/25 HB1767
601		-
602		-	16 03-19-2025 15:32:35 LGL044
603		-
604		-
605		-	SECTION 21. Arkansas Code § 20 -13-1002 is amended to read as follows: 1
606		-	20-13-1002. License application and renewal. 2
607		-	(a)(1) An application for the issuance or renewal of an ambulance 3
608		-	service license or a provisional ambulance service license shall be made on 4
609		-	forms provided by the Department of Health and shall be accompanied by any 5
610		-	fee as required by law or by rules promulgated by the department State Board 6
611		-	of Health. 7
612		-	(2) Each license shall be renewed annually. 8
613		-	(b) Each licensee shall be issued a service license in one (1) of the 9
614		-	classifications set forth by the department. 10
615		-	(c) The department board shall promulgate rules for the licensure and 11
616		-	renewal of an ambulance service license. 12
	724	+	20 03/12/2025 2:42:37 PM LGL044
	725	+	released or otherwise disclosed to any other person or agency except by court 1
	726	+	order and is specifically exempt from disclosure under the Freedom of 2
	727	+	Information Act of 1967, § 25 -19-101 et seq., except that the Division of 3
	728	+	Emergency Services department shall furnish determinations to qualified 4
	729	+	entities. 5
	730	+	6
	731	+	SECTION 37. The introductory language of Arkansas Code § 20 -13-7
	732	+	1602(a), concerning community paramedic licensure, is amended to read as 8
	733	+	follows: 9
	734	+	(a) To be eligible for licensure by the Department of Health under the 10
	735	+	Division of Emergency Medical Services as a community paramedic, an 11
	736	+	individual shall: 12
617	737		13
618		-	SECTION 22. Arkansas Code § 20 -13-~~1005 is amended to read as follows:~~ 14
619		-	~~20-13-1005. Revocation of license.~~ 15
620		-	~~Three~~ (3) ~~formal citations during~~ the ~~license term for failure to~~ 16
621		-	~~comply with~~ this subchapter ~~and any rules promulgated by the Department of~~ 17
622		-	~~Health State Board of Health in regard to ambulance services shall result in~~ 18
623		-	~~revocation of the ambulance service license.~~ 19
624		-	20
625		-	~~SECTION 23. Arkansas Code § 20 -13-1101~~(9)~~, concerning definitions~~ 21
626		-	~~pertaining to criminal records checks for emergency~~ medical services 22
627		-	~~personnel, is amended to read as follows:~~ 23
628		-	~~(9) “Licensure” means~~ the ~~official acknowledgment by the~~ 24
629		-	~~department that an individual has demonstrated competence~~ to ~~perform the~~ 25
630		-	emergency medical services ~~required for licensure under the rules and~~ 26
631		-	~~standards adopted by the State Board of Health upon recommendation by the~~ 27
632		-	~~Emergency Medical Services Advisory Council Emergency Medical Services~~ 28
633		-	~~Advisory Committee;~~ 29
	738	+	SECTION 38. Arkansas Code § 20 -13-1603(a), concerning rules for the 14
	739	+	community paramedic licensure program, is amended to read as follows: 15
	740	+	(a) The Emergency Medical Services Advisory Council and the State 16
	741	+	Board of Health shall adopt rules to implement this subchapter. 17
	742	+	18
	743	+	SECTION 39. Arkansas Code § 25 -16-903(19), concerning stipend 19
	744	+	authorizations for certain state boards, is amended to read as follows: 20
	745	+	(19) Emergency Medical Services Advisory Council Emergency 21
	746	+	Medical Services Advisory Committee ; 22
	747	+	23
	748	+	SECTION 40. Arkansas Code § 25-43-802(a)(34), concerning the state 24
	749	+	entities transferred to the Department of Health, is repealed: 25
	750	+	(34) The Emergency Medical Services Advisory Council, created 26
	751	+	under § 20-13-205; 27
	752	+	28
	753	+	29
634	754		30
635		-	SECTION 24. Arkansas Code § 20 -13-1101(11), concerning definitions 31
636		-	pertaining to criminal records checks for emergency medical services 32
637		-	personnel, is amended to read as follows: 33
638		-	(11) “Relicensure” means the official acknowledgment by the 34
639		-	Division of Emergency Medical Services department that an individual has 35
640		-	demonstrated competence to perform the emergency medical services required 36 As Engrossed: H3/19/25 HB1767
641		-
642		-	17 03-19-2025 15:32:35 LGL044
643		-
644		-
645		-	for relicensure under Arkansas EMS Rules Rules for Emergency Medical 1
646		-	Services, 20 CAR pt. 81 ; 2
647		-	3
648		-	SECTION 25. Arkansas Code § 20 -13-1102(b), concerning mandatory 4
649		-	criminal history checks for emergency medical services personnel, is amended 5
650		-	to read as follows: 6
651		-	(b) The Division of Emergency Medical Services of the Department of 7
652		-	Health shall conduct a state or national criminal history check, or both, on 8
653		-	the applicant and determine whether the applicant is disqualified from 9
654		-	licensure based on the report of the applicant's criminal history and forward 10
655		-	its determination to the applicant directly. 11
656		-	12
657		-	SECTION 26. Arkansas Code § 20 -13-1105 is amended to read as follows: 13
658		-	20-13-1105. Response — File copies. 14
659		-	The Division of Emergency Medical Services of the Department of Health 15
660		-	shall maintain on file for a period of three (3) years, subject to inspection 16
661		-	by the Arkansas Crime Information Center or the Identification Bureau of the 17
662		-	Division of Arkansas State Police, a copy of each criminal history check 18
663		-	completed by all applicants requesting state licensure. 19
664		-	20
665		-	SECTION 27. The introductory language of Arkansas Code § 20 -13-21
666		-	1106(a)(1), concerning disqualifying offenses for emergency medical services 22
667		-	certification, is amended to read as follows: 23
668		-	(a)(1) Except as provided in subdivision (d)(1) of this section, the 24
669		-	Division of Emergency Medical Services Department of Health shall issue a 25
670		-	determination that a person is disqualified from certification or 26
671		-	recertification if the person has been found guilty of or has pleaded guilty 27
672		-	or nolo contendere in a state court, inside or outside of this state, or a 28
673		-	federal court, to any of the following offenses or similar conduct under 29
674		-	another jurisdiction, including offenses for which the record has been 30
675		-	expunged: 31
	755	+	31
676	756		32
677		-	SECTION 28. Arkansas Code § 20 -13-1106(a)(2), concerning disqualifying 33
678		-	offenses for emergency medical services certification, is amended to read as 34
679		-	follows: 35
680		-	(2)(A) However, the division department shall forward a request 36 As Engrossed: H3/19/25 HB1767
681		-
682		-	18 03-19-2025 15:32:35 LGL044
683		-
684		-
685		-	for a waiver to the Secretary of the Department of Health Emergency Medical 1
686		-	Services Advisory Committee for review on all applicants who have been 2
687		-	convicted of the crimes in subdivision (a)(1) of this section if five (5) 3
688		-	years have passed since the conviction, if five (5) years have passed since 4
689		-	release from custodial confinement, or if the applicants are currently 5
690		-	certified licensed emergency medical services personnel, prior to making the 6
691		-	final determination on certification or recertification. 7
692		-	(B) Individuals under subdivision (a)(2)(A) of this 8
693		-	section shall not be suspended prior to the secretary's committee's making 9
694		-	the final determination. 10
695		-	11
696		-	SECTION 29. Arkansas Code § 20 -13-1106(b)(2), concerning disqualifying 12
697		-	offenses for emergency medical services certification, is amended to read as 13
698		-	follows: 14
699		-	(2) Was not committed while performing duties as a member of 15
700		-	emergency medical services personnel. 16
701		-	17
702		-	SECTION 30. Arkansas Code § 20 -13-1106(c)(1) and (2), concerning 18
703		-	disqualifying offenses for emergency medical services certification, is 19
704		-	amended to read as follows: 20
705		-	(c)(1) The provisions of this section may be waived by the Department 21
706		-	of Health committee upon written request by the person who is the subject of 22
707		-	the criminal history check. 23
708		-	(2) The written request for waiver shall be mailed delivered to 24
709		-	the secretary committee in care of the Department of Health within fifteen 25
710		-	(15) calendar days after receipt of the determination by the department. 26
711		-	27
712		-	SECTION 31. Arkansas Code § 20 -13-1107(b), concerning the procedure to 28
713		-	challenge a criminal history check, is amended to read as follows: 29
714		-	(b) The Division of Emergency Medical Services Emergency Medical 30
715		-	Services Advisory Committee shall follow the established procedures for 31
716		-	applicants to challenge determinations in accordance with the Arkansas 32
717		-	Administrative Procedure Act, § 25 -15-201 et seq., as stated in the current 33
718		-	EMS Rules Rules for Emergency Medical Services, 20 CAR pt. 81 . 34
	757	+	33
	758	+	34
719	759		35
720		-	SECTION 32. Arkansas Code § 20 -13-1108 is amended to read as follows: 36 As Engrossed: H3/19/25 HB1767
721		-
722		-	19 03-19-2025 15:32:35 LGL044
723		-
724		-
725		-	20-13-1108. Additional checks. 1
726		-	The Division of Emergency Medical Services Department of Health 2
727		-	maintains the right to conduct additional criminal history checks at the cost 3
728		-	of the division department on applicants or Arkansas -licensed emergency 4
729		-	medical services personnel under investigation for violation of current 5
730		-	emergency medical services laws or rules. 6
731		-	7
732		-	SECTION 33. Arkansas Code § 20 -13-1109 is amended to read as follows: 8
733		-	20-13-1109. Report and index — Forms — Database. 9
734		-	(a) The Identification Bureau of the Division of Arkansas State Police 10
735		-	shall maintain an index of the results of each applicant's criminal history 11
736		-	check. 12
737		-	(b) The Division of Emergency Medical Services Department of Health 13
738		-	shall develop forms that are approved by the bureau to be used for criminal 14
739		-	history checks conducted under this subchapter. 15
740		-	(c) The Division of Emergency Services department shall develop and 16
741		-	maintain a database of determinations regarding applicants. 17
742		-	18
743		-	SECTION 34. Arkansas Code § 20 -13-1111 is amended to read as follows: 19
744		-	20-13-1111. Notice of convictions. 20
745		-	Arkansas-licensed emergency medical services personnel shall notify the 21
746		-	Division of Emergency Medical Services Department of Health of any conviction 22
747		-	of or plea of guilty or nolo contendere to any offenses listed in § 20 -13-23
748		-	1106(a) within ten (10) calendar days after the conviction or guilty plea or 24
749		-	plea of nolo contendere. 25
750		-	26
751		-	SECTION 35. Arkansas Code § 20 -13-1112 is amended to read as follows: 27
752		-	20-13-1112. Forms — Rules. 28
753		-	The Arkansas Crime Information Center, the Identification Bureau of the 29
754		-	Division of Arkansas State Police, and the Division of Emergency Medical 30
755		-	Services Department of Health shall cooperate to prepare forms and promulgate 31
756		-	consistent rules as necessary to implement this subchapter. 32
757		-	33
758		-	SECTION 36. Arkansas Code § 20 -13-1113 is amended to read as follows: 34
759		-	20-13-1113. Confidentiality. 35
760		-	(a) All criminal history checks obtained under this subchapter are 36 As Engrossed: H3/19/25 HB1767
761		-
762		-	20 03-19-2025 15:32:35 LGL044
763		-
764		-
765		-	confidential and are restricted to the exclusive use of the Arkansas Crime 1
766		-	Information Center, the Identification Bureau of the Division of Arkansas 2
767		-	State Police, the Division of Emergency Medical Services Department of 3
768		-	Health, and the person who is the subject of the report. 4
769		-	(b) The information contained in criminal history checks shall not be 5
770		-	released or otherwise disclosed to any other person or agency except by court 6
771		-	order and is specifically exempt from disclosure under the Freedom of 7
772		-	Information Act of 1967, § 25 -19-101 et seq., except that the Division of 8
773		-	Emergency Services department shall furnish determinations to qualified 9
774		-	entities. 10
775		-	11
776		-	SECTION 37. The introductory language of Arkansas Code § 20 -13-12
777		-	1602(a), concerning community paramedic licensure, is amended to read as 13
778		-	follows: 14
779		-	(a) To be eligible for licensure by the Department of Health under the 15
780		-	Division of Emergency Medical Services as a community paramedic, an 16
781		-	individual shall: 17
782		-	18
783		-	SECTION 38. Arkansas Code § 20 -13-1603(a), concerning rules for the 19
784		-	community paramedic licensure program, is amended to read as follows: 20
785		-	(a) The Emergency Medical Services Advisory Council and the State 21
786		-	Board of Health shall adopt rules to implement this subchapter. 22
787		-	23
788		-	SECTION 39. Arkansas Code § 25 -16-903(19), concerning stipend 24
789		-	authorizations for certain state boards, is amended to read as follows: 25
790		-	(19) Emergency Medical Services Advisory Council Emergency 26
791		-	Medical Services Advisory Committee ; 27
792		-	28
793		-	SECTION 40. Arkansas Code § 25 -43-802(a)(34), concerning the state 29
794		-	entities transferred to the Department of Health, is repealed: 30
795		-	(34) The Emergency Medical Services Advisory Council, created 31
796		-	under § 20-13-205; 32
797		-	33
798		-	/s/L. Johnson 34
799		-	APPROVED: 4/17/25 35
800	760		36