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Arkansas General Assembly· HB 1767Notification that HB1767 is now Act 863

An act TO ABOLISH THE EMERGENCY MEDICAL SERVICES 10 ADVISORY COUNCIL, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                  As Engrossed: H3/19/25
2 95th General Assembly
                                           A Bill

3 Regular Session, 2025                                            HOUSE BILL 1767

4

5 By: Representative L. Johnson

6 By: Senator Irvin

7

8                                For An Act To Be Entitled

9   AN ACT TO ABOLISH THE EMERGENCY MEDICAL SERVICES

10  ADVISORY COUNCIL; TO CREATE THE EMERGENCY MEDICAL

11  SERVICES ADVISORY COMMITTEE; TO TRANSFER THE POWERS

12  AND DUTIES OF THE EMERGENCY MEDICAL SERVICES ADVISORY

13  COUNCIL TO THE EMERGENCY MEDICAL SERVICES ADVISORY

14  COMMITTEE AND THE STATE BOARD OF HEALTH; AND FOR

15  OTHER PURPOSES.

16

17

18                                   Subtitle

19                       TO ABOLISH THE EMERGENCY MEDICAL

20                       SERVICES ADVISORY COUNCIL; AND TO CREATE

21                       THE EMERGENCY MEDICAL SERVICES ADVISORY

22                       COMMITTEE.

23

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

25

26  SECTION 1. DO NOT CODIFY. Abolition of Emergency Medical Services

27 Advisory Council.

28  (a)(1) The Emergency Medical Services Advisory Council is abolished,

29 and its authority, duties, and functions are transferred to the Emergency

30 Medical Services Advisory Committee of the Department of Health.

31  (2) All administrative functions, including the functions of

32 budgeting or purchasing, records, contracts, personnel, property, and

33 unexpended balances of appropriations, allocations, and other funds shall

34 remain with the Department of Health.

35  (b)(1) The abolishment of the Emergency Medical Services Advisory

36 Council does not affect the orders, rules, directives, registration,

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    As Engrossed: H3/19/25                                                   HB1767

1 licensing, or standards made or promulgated by the Emergency Medical Services

2 Advisory Council and the State Board of Health or the Department of Health at

3 the recommendation of the Emergency Medical Services Advisory Council before

4 the effective date of this act.

5            (2) The orders, rules, directives, registration, licensing, or

6 standards of the Emergency Medical Services Advisory Council and the State

7 Board of Health or the Department of Health at the recommendation of the

8 Emergency Medical Services Advisory Council shall continue to be in effect

9 until they are amended or repealed under authority given by law.

10

11  SECTION 2. Arkansas Code � 14-43-601(b)(1), concerning municipal

12 affairs delineated, is amended to read as follows:

13  (b)(1) Matters of public health that concern emergency medical

14 services, emergency medical technicians services personnel, and ambulances,

15 as defined in �� 20-13-201 -- 20-13-209 and 20-13-211 the Emergency Medical

16 Services Act, � 20-13-201 et seq., and ambulance companies, shall be included

17 in the term "municipal affairs".

18

19  SECTION 3. Arkansas Code � 14-266-102(a)(2), concerning legislative

20 determination under the Ambulance Licensing Act, is amended to read as

21 follows:

22           (2) In addition, it is legislatively determined that, in order to

23 accomplish the purposes enumerated in this chapter, it may also be necessary

24 for the cities and counties, in addition to all other powers granted in this

25 chapter, to enact and establish standards, rules, and regulations that are

26 equal to, or greater than, the minimum standards and rules established by the

27 state, pursuant to �� 20-13-201 -- 20-13-209 and 20-13-211 the Emergency

28 Medical Services Act, � 20-13-201 et seq., concerning emergency medical

29 services, emergency medical technicians, ambulances, ambulance companies,

30 their relative properties, facilities, equipment, personnel, and all aspects

31 attendant to providing emergency medical services and ambulance operations

32 within the boundaries of their respective cities or in respect to the

33 unincorporated areas of the county.

34

35  SECTION 4. Arkansas Code � 14-266-105(a)(1)(A), concerning the grant

36 of authority to cities of the first class, cities of the second class, and

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    As Engrossed: H3/19/25                                                  HB1767

1 counties under the Ambulance Licensing Act, is amended to read as follows:

2   (1)(A) Enact and establish standards, rules, and regulations that

3 are equal to or greater than those established by the state concerning

4 emergency medical services and emergency medical services personnel,

5 emergency and nonemergency ambulances, and ambulance companies, as defined

6 under �� 20-13-201 -- 20-13-209 and 20-13-211 the Emergency Medical Services

7 Act, � 20-13-201 et seq.

8

9   SECTION 5. Arkansas Code � 19-5-1078 is amended to read as follows:

10  19-5-1078. EMS Enhancement Revolving Fund.

11  (a)(1) There is created on the books of the Treasurer of State, the

12 Auditor of State, and the Chief Fiscal Officer of the State a fund to be

13 known as the "EMS Enhancement Revolving Fund".

14  (2) The EMS Enhancement Revolving Fund shall consist of such

15 revenue as may be provided by law.

16  (b) Any funds remaining in the EMS Enhancement Revolving Fund at the

17 end of the fiscal year shall be made available for distribution as follows:

18  (1) Fifty percent (50%) of the funds shall be available for

19 distribution to the eligible state-licensed emergency medical services

20 through a grant program managed by the Division of Emergency Medical Services

21 of the Department of Health pursuant to � 20-13-103;

22  (2) Ten percent (10%) of the funds shall be authorized for use

23 by the division department for administering the grant program prescribed in

24 � 20-13-103, as well as for training, education, equipment, and supplies as

25 needed to maintain staff proficiency in emergency medical services and

26 testing support;

27  (3)(A) Five percent (5%) of the funds shall be authorized for

28 the purposes of upgrading or instituting educational training sites and the

29 increased availability of emergency medical services training programs.

30                   (B) The training sites must meet the certification

31 standards of the division department;

32  (4)(A) Ten percent (10%) of the funds shall be authorized for

33 the purpose of instituting special projects managed by the division

34 department that are directed toward the improvement of emergency medical

35 services and the presentation of specialized training programs.

36                   (B) Such programs or projects shall meet the standards set

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    As Engrossed: H3/19/25                                               HB1767

1 forth in the United States Department of Transportation's National Standard

2 Curriculum of 1998 for Emergency Medical Technician training and approved by

3 the division department;

4   (5) Twenty percent (20%) of the funds shall be authorized for

5 the purpose of instituting and maintaining a trauma system and trauma

6 registry; and

7   (6) Five percent (5%) of the funds shall be authorized for use

8 by the division department for:

9                (A) Maintaining quality emergency medical services; and

10               (B) Ensuring public safety and proper medical care by

11 inspecting and licensing ambulance services and registering emergency medical

12 services vehicles.

13

14  SECTION 6. Arkansas Code � 20-13-101(c), concerning the Emergency

15 Medical Services Revolving Fund Act, is amended to read as follows:

16  (c)(1) It shall be the responsibility of the Division of Emergency

17 Medical Services Department of Health to promulgate all rules for making

18 application for the matching funds.

19  (2) It shall be the further responsibility of the Department of

20 Health department to review all applications and approve those that shall be

21 eligible for moneys under the provisions of this section and as may otherwise

22 be provided by law.

23

24  SECTION 7. Arkansas Code � 20-13-101(e), concerning the Emergency

25 Medical Services Revolving Fund Act, is amended to read as follows:

26  (e) All moneys deposited into this fund pursuant to � 20-13-211 shall

27 be used by the department for the following purposes:

28  (1) Certification Licensure processing for emergency medical

29 technicians;

30  (2) Travel expenses related to the onsite administration of

31 practical and written examinations of emergency medical technicians;

32  (3) Maintenance of the emergency medical technician certification

33 licensure software program;

34  (4) Educational programs for emergency medical technicians;

35  (5) Continuing maintenance of the required EMT-Instructor

36 certification for agency personnel; and

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    As Engrossed: H3/19/25                                               HB1767

1   (6) Other purposes consistent with this section.

2

3   SECTION 8. Arkansas Code � 20-13-103 is amended to read as follows:

4   20-13-103. Grant requests -- Division and use of funds.

5   (a) Grant requests for funds from the EMS Enhancement Revolving Fund

6 shall be reviewed by the Emergency Medical Services Advisory Council

7 specified in � 20-13-2015 Emergency Medical Services Advisory Committee and

8 recommendations for recipients of grant funds made to the Division of

9 Emergency Medical Services of the Department of Health.

10  (b)(1) The grant funds shall be evenly divided between the public,

11 private, and volunteer sectors.

12  (2) For the purposes of this subsection, the public sector shall

13 include only those applicants having paid employees.

14  (c) The grant funds may be used to purchase or fund:

15  (1)(A) Ambulances for use in providing emergency medical

16 services to the residents of Arkansas.

17  (B) Ambulances purchased with these funds shall meet the

18 standards for and be registered at the I-A level advanced emergency medical

19 technician or a higher level by the division department;

20  (2)(A) Rescue vehicles for use in providing advanced life

21 support or basic life support emergency care.

22  (B) Any vehicle purchased for advanced life support shall

23 meet the standards for and be registered at the advanced rescue level by the

24 division department;

25  (3) Equipment required on ambulances or required to provide

26 advanced life support or basic life support rescue services;

27  (4)(A) Training that leads to Arkansas licensure as emergency

28 medical services personnel at the basic or advanced levels.

29  (B) Failure to obtain licensure shall result in the

30 repayment of funds by the grantee; or

31  (5) Emergency medical services-related training approved by the

32 division department.

33  (d)(1) The funds may only be used to improve services by increasing

34 the capability and skills of emergency medical services.

35  (2) Funds may not be used to maintain present status, pay

36 salaries or daily operating expenses, contract for services, or purchase real

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    As Engrossed: H3/19/25                                                  HB1767

1 property.

2   (e) The funds may not be used for new services at a lower level than

3 an existing licensed service which has been in operation for more than one

4 (1) year in the service area.

5   (f)(1) All property purchased with the funds shall be returned to the

6 division department if the licensed ambulance service ceases operations.

7               (2) The division department shall make every effort to

8 redistribute returned property and supplies to the replacement service or

9 other eligible existing services within the same county.

10              (3) Should no eligible service exist or another eligible service

11 not be established in the county within one (l) year, all purchases shall be

12 redistributed by the division department as needed.

13  (g)(1) Any vehicle or equipment purchased with these funds shall be

14 used for its intended purpose for at least three (3) years from its date of

15 purchase.

16              (2) Vehicles or equipment damaged or worn out within the three-

17 year period shall be replaced with a like or better item at the grantee's

18 expense.

19

20  SECTION 9. Arkansas Code � 20-13-202(10), concerning definitions

21 pertaining to emergency medical services, is amended to read as follows:

22              (10) "Licensure" means official acknowledgment by the department

23 that an individual has demonstrated competence to perform the emergency

24 medical services required for licensure under the rules and standards adopted

25 by the board upon recommendation by the Emergency Medical Services Advisory

26 Council;

27

28  SECTION 10. Arkansas Code � 20-13-205 is repealed.

29              20-13-205. Emergency Medical Services Advisory Council -- Creation

30 -- Members.

31  (a) There is created the Emergency Medical Services Advisory Council,

32 which shall consist of nineteen (19) members with a demonstrated interest in

33 emergency medical services, to be appointed by the Governor as follows:

34              (1) Four (4) members shall be licensed medical doctors of good

35 professional standing. One (1) member shall be appointed representing each of

36 the following areas:

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    As Engrossed: H3/19/25                                                 HB1767

1                 (A) The Arkansas Chapter of the American College of

2 Emergency Physicians;

3                 (B) The Arkansas Academy of Family Physicians, Inc.;

4                 (C) The Arkansas Medical Society, Inc.; and

5                 (D) The medical director for a licensed paramedic

6 ambulance service;

7             (2) One (1) member recommended by the Arkansas Hospital

8 Association, Inc.;

9             (3) One (1) member who shall be a member of the Arkansas

10 Emergency Nurses Association;

11            (4) One (1) member who shall be a member of, and recommended by,

12 the Arkansas Ambulance Association;

13            (5) One (1) member who shall be a licensed paramedic;

14            (6) One (1) member who shall be a licensed EMT;

15            (7) One (1) member representing fire department-based ambulance

16 services;

17            (8) One (1) member representing emergency medical services

18 personnel training sites who has had at least five (5) years' experience

19 associated with emergency medical services personnel in this state;

20            (9) One (1) member who shall be a consumer representative who

21 has an interest in public health and emergency medical services. The member

22 shall be appointed by the Governor from the state at large;

23            (10) One (1) member who shall be sixty-five (65) years of age or

24 more. This member shall be appointed by the Governor from the state at large

25 and shall not belong to any other group specifically addressed in this

26 section, with the exception of the consumer representative;

27            (11) One (1) member who shall represent city-based or county-

28 based ambulance services;

29            (12) One (1) member who shall represent the Arkansas Association

30 of Chiefs of Police or the Arkansas Sheriffs' Association;

31            (13) One (1) member representing fire service rescue operations

32 which do not transport patients;

33            (14) One (1) member licensed as an attorney at law in good

34 professional standing within this state and having a knowledge of medical and

35 legal issues;

36            (15) One (1) member appointed from a list of two (2) nominees

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    As Engrossed: H3/19/25                                                 HB1767

1 submitted by the Arkansas Emergency Medical Technicians Association; and

2            (16) One (1) member who shall be a certified military emergency

3 medical technician.

4   (b) Members shall be appointed for terms of five (5) years.

5   (c) Vacancies on the council due to death, resignation, or other

6 causes shall be filled by appointment by the Governor for the unexpired

7 portion of the term thereof in the same manner as is provided in this section

8 for initial appointments.

9   (d) Members except those employed by the state may receive expense

10 reimbursement and stipends in accordance with � 25-16-901 et seq.

11  (e) The members may be removed by the Governor for neglect of duty or

12 malfeasance in office.

13

14  SECTION 11. Arkansas Code � 20-13-206 is repealed.

15  20-13-206. Emergency Medical Services Advisory Council -- Proceedings.

16  (a) The Emergency Medical Services Advisory Council, within thirty

17 (30) days after its appointment, shall organize as necessary to carry out its

18 purposes as prescribed by this subchapter.

19  (b) Procedures adopted, amended, or repealed by the council shall

20 require a majority vote of all council members.

21  (c)(1) At the initial organizational meeting of the council, the

22 members shall elect from among their number a chair and a vice chair to serve

23 for one (1) year.

24           (2) Annually thereafter, an organizational meeting shall be held

25 to elect the officers.

26           (3) The Director of the Division of Emergency Medical Services

27 shall serve as the Executive Secretary of the Emergency Medical Services

28 Advisory Council.

29           (4) Seven (7) council members shall constitute a quorum.

30  (d) Quarterly meetings of the council may be held. Special meetings

31 may be called as provided by the rules of the council.

32  (e)(1) The Executive Secretary of the Emergency Medical Services

33 Advisory Council shall keep full and true records of all council proceedings

34 and preserve all books, documents, and papers relating to the business of the

35 council.

36           (2) The records of the council shall be open for inspection at

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    As Engrossed: H3/19/25                                                HB1767

1 all reasonable times.

2   (f)(1) The council shall report in writing to the Secretary of the

3 Department of Health on or about July 31 of each year.

4             (2) The report shall contain a summary of the proceedings of the

5 council during the preceding fiscal year, a detailed and itemized statement

6 of all revenue and of all expenditures made by or in behalf of the council,

7 other information deemed necessary or useful, and any additional information

8 which may be requested by the Secretary of the Department of Health.

9

10  SECTION 12. Arkansas Code � 20-13-207 is repealed.

11  20-13-207. Emergency Medical Services Advisory Council -- Powers and

12 duties.

13  (a) The Emergency Medical Services Advisory Council shall recommend

14 for adoption by the State Board of Health rules on all matters relating to

15 emergency medical services, including without limitation:

16            (1) Standards for licensure of ambulance and advanced life

17 support rescue personnel;

18            (2) Standards for equipment required on ambulance and advanced

19 life support rescue vehicles;

20            (3) Standards for vehicles used in patient transportation and

21 advanced life support rescue response, including communications requirements;

22            (4) A statewide communications system for emergency medical

23 services;

24            (5) Operational standards for providers of ambulance and

25 advanced life support rescue services, including reporting requirements and

26 standards for air ambulance and air ambulance services; and

27            (6) Procedures for summoning and dispatching aid.

28  (b) The Department of Health shall have evidence that the standards

29 imposed are important to the quality of patient care.

30

31  SECTION 13. Arkansas Code � 20-13-208 is amended to read as follows:

32  20-13-208. State Board of Health -- Powers and duties.

33  (a)(1) The State Board of Health shall have the responsibility and

34 authority to hold public hearings and promulgate and implement rules and

35 standards which that it deems necessary to carry out the provisions of this

36 subchapter upon recommendation by the Emergency Medical Services Advisory

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    As Engrossed: H3/19/25                                                HB1767

1 Committee.

2               (2) However, before implementing any rules or standards, the

3 board shall submit and obtain the review of the House Committee on Public

4 Health, Welfare, and Labor and the Senate Committee on Public Health,

5 Welfare, and Labor or appropriate subcommittees.

6   (b) In addition, the board may establish appropriate rules and

7 standards defining or limiting the emergency medical procedures or services

8 that may be rendered by licensed emergency medical services personnel who are

9 authorized to legally perform these services under the conditions set forth

10 by the board, except that before implementing any rules and standards, the

11 board shall submit and obtain the review of the House Committee on Public

12 Health, Welfare, and Labor and the Senate Committee on Public Health,

13 Welfare, and Labor or appropriate subcommittees.

14  (c) All rules and standards promulgated under this section shall be

15 adopted in accordance with the Arkansas Administrative Procedure Act, � 25-

16 15-201 et seq.

17

18  SECTION 14. Arkansas Code � 20-13-210 is repealed.

19  20-13-210. Rules and standards -- Review required.

20  (a)(1) All rules and standards relating to emergency medical services

21 promulgated and adopted by the Emergency Medical Services Advisory Council

22 and the State Board of Health or any other state agency or department

23 authorized to promulgate and adopt rules to carry out this subchapter shall

24 be submitted to the House Committee on Public Health, Welfare, and Labor and

25 the Senate Committee on Public Health, Welfare, and Labor or appropriate

26 subcommittees thereof for consideration before being placed in effect by the

27 department or agency.

28              (2) No rules or standards promulgated to carry out this

29 subchapter shall be enforced by any state agency or department until they

30 have been:

31                 (A) Submitted to and considered by the House Committee on

32 Public Health, Welfare, and Labor and the Senate Committee on Public Health,

33 Welfare, and Labor; and

34                 (B) Reviewed and approved by the Legislative Council under

35 � 10-3-309.

36  (b) Rules promulgated by the Emergency Medical Services Advisory

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    As Engrossed: H3/19/25                                                HB1767

1 Council shall receive approval of the Governor after he or she receives the

2 review and approval of the Legislative Council before effect and enforcement.

3

4   SECTION 15. Arkansas Code � 20-13-215(a), concerning the award of a

5 flag upon the death of a member of emergency medical services personnel, is

6 amended to read as follows:

7   (a) When a person licensed by the Division of Emergency Medical

8 Services Department of Health dies in the course of employment, in

9 recognition of and appreciation for the service of the deceased person, the

10 Department of Health department, upon recommendation by the Emergency Medical

11 Services Advisory Committee, may award one (1) United States flag to the

12 deceased person's spouse or family.

13

14  SECTION 16. The introductory language of Arkansas Code � 20-13-218(c),

15 concerning standards for communication between emergency medical services

16 personnel and patients regarding specific health conditions, is amended to

17 read as follows:

18  (c) The Emergency Medical Services Advisory Council Emergency Medical

19 Services Advisory Committee shall establish standards for:

20

21  SECTION 17. Arkansas Code Title 20, Chapter 13, Subchapter 2, is

22 amended to add additional sections to read as follows:

23  20-13-220. Emergency Medical Services Advisory Committee -- Creation --

24 Members.

25  (a) There is created the Emergency Medical Services Advisory

26 Committee, which shall consist of eleven (11) with a demonstrated interest in

27 emergency medical services, to be appointed by the State Board of Health as

28 follows:

29              (1) One (1) member who is an emergency medical services medical

30 director of a ground ambulance service;

31              (2) One (1) member who is an emergency physician certified by

32 the Arkansas State Medical Board with emergency room or critical care

33 experience;

34              (3) One (1) member from the state at large who is a consumer

35 representative who has an interest in public health and emergency medical

36 services;

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    As Engrossed: H3/19/25                                                  HB1767

1               (4)(A) One (1) member who is an emergency medical services

2 paramedic from a ground transportation provider.

3                 (B) The State Board of Health shall consult The Arkansas

4 Ambulance Association before making an appointment under subdivision

5 (a)(4)(A) of this section;

6               (5)(A) One (1) member from the state at large who is an

7 emergency medical services clinician working as an emergency medical

8 technician, an advanced emergency medical technician, a paramedic, or a

9 community paramedic.

10                (B) The State Board of Health shall consult the AEMTA Air

11 Medical Society before making an appointment under subdivision (a)(5)(A) of

12 this section;

13              (6)(A) One (1) member who is an air medical services paramedic.

14                (B) The State Board of Health shall consult the Air

15 Medical Society of the Arkansas Emergency Medical Technicians Association

16 before making an appointment under subdivision (a)(6)(A) of this section;

17              (7)(A) One (1) member who is a public or government licensed

18 ambulance service provider and a licensed emergency medical services

19 clinician.

20                (B) The State Board of Health shall consult The Arkansas

21 Ambulance Association before making an appointment under subdivision

22 (a)(7)(A) of this section;

23              (8)(A) One (1) member who is a private licensed ambulance

24 service provider and a licensed emergency medical services clinician.

25                (B) The State Board of Health shall consult The Arkansas

26 Ambulance Association before making an appointment under subdivision

27 (a)(8)(A) of this section; and

28              (9) One (1) member who is a certified military emergency medical

29 technician;

30              (10) One (1) member who is a fire-based ambulance service

31 provider; and

32              (11) One (1) member who is the Emergency Medical Services

33 Training Site Program Director.

34  (b)(1) Members shall be appointed for terms of two (2) years.

35              (2) Members shall not serve more than two (2) consecutive terms.

36  (c) When a member's term ends, the member shall hold office until his

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    As Engrossed: H3/19/25                                                  HB1767

1 or her successor is appointed and qualified.

2       (d) Vacancies on the committee due to death, resignation, or other

3 causes shall be filled by appointment by the State Board of Health for the

4 unexpired portion of the term in the same manner as is provided in this

5 section for initial appointments.

6       (e) The members of the committee shall serve without pay but may

7 receive expense reimbursement and stipends in accordance with � 25-16-901 et

8 seq.

9       (f) The members of the committee may be removed by the State Board of

10 Health for neglect of duty or malfeasance in office.

11      (g) Members who are appointed as employee members under subsection (a)

12 of this section shall be active employees in their represented field.

13

14      20-13-221. Emergency Medical Services Advisory Committee --

15 Proceedings.

16      (a) The Secretary of the Department of Health shall call the first

17 meeting of the Emergency Medical Services Advisory Committee, which shall

18 occur within thirty (30) days after the appointment of the committee to

19 organize as necessary to carry out the purposes of the committee as

20 prescribed by this subchapter.

21      (b) Procedures adopted, amended, or repealed by the committee shall

22 require a majority vote of a quorum.

23      (c)(1) At the initial organizational meeting of the committee, the

24 members shall elect from among their number a chair and a vice chair to serve

25 for one (1) year.

26      (2) Annually thereafter, an organizational meeting of the

27 committee shall be held to elect the committee officers.

28      (3) The Secretary of the Department of Health or his or her

29 designee shall serve as the Executive Secretary of the Emergency Medical

30 Services Advisory Committee.

31      (4) Six (6) committee members shall constitute a quorum.

32      (d)(1) Quarterly meetings of the committee shall be held.

33      (2) Special meetings shall be called as provided by the rules of

34 the committee.

35      (e)(1) The Executive Secretary of the Emergency Medical Services

36 Advisory Committee shall keep full and true records of all committee

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    As Engrossed: H3/19/25                                                  HB1767

1 proceedings and preserve all books, documents, and papers relating to the

2 business of the committee.

3             (2) The records of the committee shall be open for inspection at

4 all reasonable times.

5

6   20-13-222. Emergency Medical Services Advisory Committee -- Powers and

7 duties.

8   (a) In addition to the other duties set forth in this chapter, the

9 Emergency Medical Services Advisory Committee shall:

10            (1) Make recommendations for rules to be adopted by the State

11 Board of Health on all matters relating to emergency medical services,

12 including without limitation:

13                    (A) Standards for licensure of ambulance and advanced life

14 support rescue personnel;

15                    (B) Standards for equipment required on ambulance and

16 advanced life support rescue vehicles;

17                    (C) Standards for vehicles used in patient transportation

18 and advanced life support rescue response, including without limitation

19 communications requirements;

20                    (D) A statewide communications system for emergency

21 medical services;

22                    (E) Operational standards for providers of ambulance and

23 advanced life support rescue services, including without limitation reporting

24 requirements and standards for air ambulances and air ambulance services; and

25                    (F) Procedures for summoning and dispatching aid;

26            (2) Assist area health planning in the establishment and

27 operation of local, municipal, county, or district emergency medical

28 services;

29            (3) Hold public administrative hearings for disciplinary action

30 against emergency medical services personnel or an emergency medical services

31 provider as defined under � 20-13-202;

32            (4) Hear appeals for the denial or renewal of licensure of

33 emergency medical services personnel or emergency medical services providers

34 as defined under � 20-13-202;

35            (5) Review requests for waiver of criminal background

36 disqualifying offenses under � 20-13-1106; and

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    As Engrossed: H3/19/25                                            HB1767

1               (6)(A) Engage in the development of dispatching capabilities for

2 emergency medical services in the state.

3               (B) An emergency medical services provider shall make a

4 reasonable effort to see that a patient is taken to a physician or hospital

5 of the patient's choice, if within a reasonable distance.

6   (b) An appeal of an adverse action taken by the Emergency Medical

7 Services Advisory Committee under subdivisions (a)(3) and (4) of this section

8 may be made to the State Board of Health and then the appropriate circuit

9 court in accordance with the Arkansas Administrative Procedure Act, � 25-15-

10 201 et seq.

11

12  SECTION 18. Arkansas Code � 20-13-807(b)(5), concerning the membership

13 of the Trauma Advisory Council, is amended to read as follows:

14              (5) One (1) member appointed by the Governor after consulting

15 the Emergency Medical Services Advisory Council Emergency Medical Services

16 Advisory Committee;

17

18  SECTION 19. Arkansas Code � 20-13-901(4), concerning definitions

19 pertaining to the Arkansas Emergency Medical Services Do Not Resuscitate Act,

20 is amended to read as follows:

21              (4) "Emergency Medical Services Do Not Resuscitate Protocol"

22 means a standardized method of procedure, approved recommended by the State

23 Board of Health Emergency Medical Services Advisory Committee and adopted in

24 the rules of the department State Board of Health, for the withholding of

25 emergency life-sustaining procedures by emergency medical services personnel;

26

27  SECTION 20. Arkansas Code � 20-13-906 is amended to read as follows:

28  20-13-906. Rulemaking authority.

29  (a) Upon the adoption of an Emergency Medical Services Do Not

30 Resuscitate Protocol by the State Board of Health at the recommendation of

31 the Emergency Medical Services Advisory Committee, the Department of Health

32 may adopt a standard form of Do Not Resuscitate Identification to be used

33 statewide.

34  (b) The department State Board of Health shall may adopt rules

35 recommended by the committee to administer the provisions of this subchapter.

36

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    As Engrossed: H3/19/25                                                 HB1767

1   SECTION 21. Arkansas Code � 20-13-1002 is amended to read as follows:

2   20-13-1002. License application and renewal.

3   (a)(1) An application for the issuance or renewal of an ambulance

4 service license or a provisional ambulance service license shall be made on

5 forms provided by the Department of Health and shall be accompanied by any

6 fee as required by law or by rules promulgated by the department State Board

7 of Health.

8             (2) Each license shall be renewed annually.

9   (b) Each licensee shall be issued a service license in one (1) of the

10 classifications set forth by the department.

11  (c) The department board shall promulgate rules for the licensure and

12 renewal of an ambulance service license.

13

14  SECTION 22. Arkansas Code � 20-13-1005 is amended to read as follows:

15  20-13-1005. Revocation of license.

16  Three (3) formal citations during the license term for failure to

17 comply with this subchapter and any rules promulgated by the Department of

18 Health State Board of Health in regard to ambulance services shall result in

19 revocation of the ambulance service license.

20

21  SECTION 23. Arkansas Code � 20-13-1101(9), concerning definitions

22 pertaining to criminal records checks for emergency medical services

23 personnel, is amended to read as follows:

24            (9) "Licensure" means the official acknowledgment by the

25 department that an individual has demonstrated competence to perform the

26 emergency medical services required for licensure under the rules and

27 standards adopted by the State Board of Health upon recommendation by the

28 Emergency Medical Services Advisory Council Emergency Medical Services

29 Advisory Committee;

30

31  SECTION 24. Arkansas Code � 20-13-1101(11), concerning definitions

32 pertaining to criminal records checks for emergency medical services

33 personnel, is amended to read as follows:

34            (11) "Relicensure" means the official acknowledgment by the

35 Division of Emergency Medical Services department that an individual has

36 demonstrated competence to perform the emergency medical services required

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    As Engrossed: H3/19/25                                                 HB1767

1 for relicensure under Arkansas EMS Rules Rules for Emergency Medical

2 Services, 20 CAR pt. 81;

3

4   SECTION 25. Arkansas Code � 20-13-1102(b), concerning mandatory

5 criminal history checks for emergency medical services personnel, is amended

6 to read as follows:

7   (b) The Division of Emergency Medical Services of the Department of

8 Health shall conduct a state or national criminal history check, or both, on

9 the applicant and determine whether the applicant is disqualified from

10 licensure based on the report of the applicant's criminal history and forward

11 its determination to the applicant directly.

12

13  SECTION 26. Arkansas Code � 20-13-1105 is amended to read as follows:

14  20-13-1105. Response -- File copies.

15  The Division of Emergency Medical Services of the Department of Health

16 shall maintain on file for a period of three (3) years, subject to inspection

17 by the Arkansas Crime Information Center or the Identification Bureau of the

18 Division of Arkansas State Police, a copy of each criminal history check

19 completed by all applicants requesting state licensure.

20

21  SECTION 27. The introductory language of Arkansas Code � 20-13-

22 1106(a)(1), concerning disqualifying offenses for emergency medical services

23 certification, is amended to read as follows:

24  (a)(1) Except as provided in subdivision (d)(1) of this section, the

25 Division of Emergency Medical Services Department of Health shall issue a

26 determination that a person is disqualified from certification or

27 recertification if the person has been found guilty of or has pleaded guilty

28 or nolo contendere in a state court, inside or outside of this state, or a

29 federal court, to any of the following offenses or similar conduct under

30 another jurisdiction, including offenses for which the record has been

31 expunged:

32

33  SECTION 28. Arkansas Code � 20-13-1106(a)(2), concerning disqualifying

34 offenses for emergency medical services certification, is amended to read as

35 follows:

36            (2)(A) However, the division department shall forward a request

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    As Engrossed: H3/19/25                                                  HB1767

1 for a waiver to the Secretary of the Department of Health Emergency Medical

2 Services Advisory Committee for review on all applicants who have been

3 convicted of the crimes in subdivision (a)(1) of this section if five (5)

4 years have passed since the conviction, if five (5) years have passed since

5 release from custodial confinement, or if the applicants are currently

6 certified licensed emergency medical services personnel, prior to making the

7 final determination on certification or recertification.

8            (B) Individuals under subdivision (a)(2)(A) of this

9 section shall not be suspended prior to the secretary's committee's making

10 the final determination.

11

12  SECTION 29. Arkansas Code � 20-13-1106(b)(2), concerning disqualifying

13 offenses for emergency medical services certification, is amended to read as

14 follows:

15           (2) Was not committed while performing duties as a member of

16 emergency medical services personnel.

17

18  SECTION 30. Arkansas Code � 20-13-1106(c)(1) and (2), concerning

19 disqualifying offenses for emergency medical services certification, is

20 amended to read as follows:

21  (c)(1) The provisions of this section may be waived by the Department

22 of Health committee upon written request by the person who is the subject of

23 the criminal history check.

24           (2) The written request for waiver shall be mailed delivered to

25 the secretary committee in care of the Department of Health within fifteen

26 (15) calendar days after receipt of the determination by the department.

27

28  SECTION 31. Arkansas Code � 20-13-1107(b), concerning the procedure to

29 challenge a criminal history check, is amended to read as follows:

30  (b) The Division of Emergency Medical Services Emergency Medical

31 Services Advisory Committee shall follow the established procedures for

32 applicants to challenge determinations in accordance with the Arkansas

33 Administrative Procedure Act, � 25-15-201 et seq., as stated in the current

34 EMS Rules Rules for Emergency Medical Services, 20 CAR pt. 81.

35

36  SECTION 32. Arkansas Code � 20-13-1108 is amended to read as follows:

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    As Engrossed: H3/19/25                                                  HB1767

1          20-13-1108. Additional checks.

2          The Division of Emergency Medical Services Department of Health

3 maintains the right to conduct additional criminal history checks at the cost

4 of the division department on applicants or Arkansas-licensed emergency

5 medical services personnel under investigation for violation of current

6 emergency medical services laws or rules.

7

8          SECTION 33. Arkansas Code � 20-13-1109 is amended to read as follows:

9          20-13-1109. Report and index -- Forms -- Database.

10         (a) The Identification Bureau of the Division of Arkansas State Police

11 shall maintain an index of the results of each applicant's criminal history

12 check.

13         (b) The Division of Emergency Medical Services Department of Health

14 shall develop forms that are approved by the bureau to be used for criminal

15 history checks conducted under this subchapter.

16         (c) The Division of Emergency Services department shall develop and

17 maintain a database of determinations regarding applicants.

18

19         SECTION 34. Arkansas Code � 20-13-1111 is amended to read as follows:

20         20-13-1111. Notice of convictions.

21         Arkansas-licensed emergency medical services personnel shall notify the

22 Division of Emergency Medical Services Department of Health of any conviction

23 of or plea of guilty or nolo contendere to any offenses listed in � 20-13-

24 1106(a) within ten (10) calendar days after the conviction or guilty plea or

25 plea of nolo contendere.

26

27         SECTION 35. Arkansas Code � 20-13-1112 is amended to read as follows:

28         20-13-1112. Forms -- Rules.

29         The Arkansas Crime Information Center, the Identification Bureau of the

30 Division of Arkansas State Police, and the Division of Emergency Medical

31 Services Department of Health shall cooperate to prepare forms and promulgate

32 consistent rules as necessary to implement this subchapter.

33

34         SECTION 36. Arkansas Code � 20-13-1113 is amended to read as follows:

35         20-13-1113. Confidentiality.

36         (a) All criminal history checks obtained under this subchapter are

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    As Engrossed: H3/19/25                                                  HB1767

1 confidential and are restricted to the exclusive use of the Arkansas Crime

2 Information Center, the Identification Bureau of the Division of Arkansas

3 State Police, the Division of Emergency Medical Services Department of

4 Health, and the person who is the subject of the report.

5   (b) The information contained in criminal history checks shall not be

6 released or otherwise disclosed to any other person or agency except by court

7 order and is specifically exempt from disclosure under the Freedom of

8 Information Act of 1967, � 25-19-101 et seq., except that the Division of

9 Emergency Services department shall furnish determinations to qualified

10 entities.

11

12  SECTION 37. The introductory language of Arkansas Code � 20-13-

13 1602(a), concerning community paramedic licensure, is amended to read as

14 follows:

15  (a) To be eligible for licensure by the Department of Health under the

16 Division of Emergency Medical Services as a community paramedic, an

17 individual shall:

18

19  SECTION 38. Arkansas Code � 20-13-1603(a), concerning rules for the

20 community paramedic licensure program, is amended to read as follows:

21  (a) The Emergency Medical Services Advisory Council and the State

22 Board of Health shall adopt rules to implement this subchapter.

23

24  SECTION 39. Arkansas Code � 25-16-903(19), concerning stipend

25 authorizations for certain state boards, is amended to read as follows:

26            (19) Emergency Medical Services Advisory Council Emergency

27 Medical Services Advisory Committee;

28

29  SECTION 40. Arkansas Code � 25-43-802(a)(34), concerning the state

30 entities transferred to the Department of Health, is repealed:

31            (34) The Emergency Medical Services Advisory Council, created

32 under � 20-13-205;

33

34                          /s/L. Johnson

35

36

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