AUTHORITY
The following Rules and Regulations Pertaining to Emergency Medical Services are duly adopted and promulgated by the Arkansas State Board of Health pursuant to the authority expressly conferred by Act 435 of 1975, Act 293 of 1981, Act 345 ofl987L_Act 1255 of 1997, Act 38 of 1999, Act 60 of 1999, Act 666 of 1999, Arkansas Code 20-13-200, and the Laws of the State of Arkansas including without limitation, Act 96 of 1913 {Arkansas Statutes, 1947, Section 82-110).
For the purpose of these regulations the following terms are defined:
Those services authorized and licensed by the Department to provide care and transportation of patients.
No person shall furnish, operate, maintain, conduct, advertise or in any way engage in or profess to engage in the business of providing transport of patients upon the streets and highways of Arkansas unless that person holds a valid ambulance service license issued by the Department of Health. This section shall not operate to alter the application of the Good Samaritan Act under Arkansas Code 17-95-101.
An application for the issuance or renewal of an ambulance service license shall be made on forms provided by the Department of Health and shall be accompanied by any fee as required by law or by regulations promulgated by the Department of Health. Each license shall be renewed annually.
All ambulances operating in this State must meet all standards prescribed by and under Arkansas Code 20-13-200 and be licensed under this subchapter and all personnel operating ambulances in this State must meet the standards prescribed by and under Arkansas Code 20-13-200.
A licensee under this act shall transport any patient to the care facility of the patient's choice within the service area of the ambulance. If the patient is unable to make a choice, and the attending physician is present and has expressed a choice of care facility within the service area, the licensee shall comply with the attending physician's choice. If the licensee is unable to make a choice, the attending physician is not present or has not expressed a choice of facility, or there is no hospital in the service area of the ambulance, the licensee shall transport the patient to the nearest appropriate care facility.
The licensee shall provide the care facility where the patient was transported with a copy of an ambulance service encounter form prescribed or approved by the Department of Health, which shall become part of the patient's medical records.
Each licensee shall report, in a format approved by the Department of Health, every request that results in the dispatch of a vehicle with the exception of calls cancelled enroute or responses made where no patient contact was made.
Clinical Investigations may be recommended by the Governor's EMS Advisory Council and approved by the Department and the Board of Health. Test periods will be temporary in nature, and will be determined on an individual basis for each procedure and technique tested. A written request to enroll in a Clinical Investigation must be submitted to the Governor's Advisory Council on EMS and approved by the Department. Clinical Investigations beyond the scope of the EMS Rules and Regulations are to be evaluated in a carefully controlled study under appropriate medical control. At the completion of the evaluation period, the test results will be forwarded to the Board of Health for review. Permission for Clinical Investigations will be granted only to determine if the procedure or technique should be added to the existing EMS Rules and Regulations and must follow the clinical investigations guidelines recommended by the Governor's Advisory Council on EMS and approved by the Department.
Each vehicle shall meet the basic medical and extrication equipment requirements recommended by the Governor's Advisory Council on EMS and approved by the Department.
Licensees shall not carry nor dispense any drugs or medications or perform any procedure not specifically recommended by the Governor's EMS Advisory Council and approved by the Department.
Licensee shall contact the Department prior to deploying/sending any Arkansas permitted ambulance to another state(s) to fulfill obligations of a state/federal/private contract or agreement for a disaster. Licensee shall contact the Department at 501-661-2262 during regular scheduled office hours or 501-661-2136 after office hours.
Service License to those EMS services that have their ambulances registered at one of the following levels:
*Volunteer Ambulance Services will be issued a BLS License and must meet the I-B vehicle requirements.
Each licensee shall provide 24-hour continuous service.
Each licensee shall comply with a two-minute reaction time for each emergency request.
The issuance of multiple levels of license to the same ambulance service is acceptable. All qualifications for the particular service license must be met. The service will be required to provide the highest level of response to all emergency requests, until those resources are depleted or are not available. The caller will determine the emergency.
The issuance of multiple levels of registered vehicles to the same ambulance service is acceptable. However, the service will be required to respond to all emergency requests with the highest registered vehicle until those resources are depleted or are not available. The caller will determine the emergency.
Each licensee shall maintain a register of legend drugs to include type, quantity, date received, and physician authorizing purchase and usage.
Each licensee shall submit to the Office of EMS and Trauma Systems a copy of the DEA license to be utilized in acquiring controlled drugs.
Each licensee shall notify the receiving hospital of impending arrival, patient condition and care rendered to the patient.
Each licensee shall have an Arkansas licensed physician to serve as the Advanced Life Support Medical Director who will provide medical oversight pursuant to Arkansas statutes and meets the requirements of Section LA. Lhis shall be the same physician providing the DEA number if required (6 above).
Standing orders are authorized for use by each licensee provided they are written or adopted by the Medical Director of that licensed ambulance service, reviewed by the Department and Office of Pharmacy and on file with the Office.
Each licensee shall provide 24-hour continuous service except Volunteer organizations that use volunteer staff to provide service to the general public.
Each licensee shall comply with a 2-minute reaction time for each emergency request except Volunteer Ambulance Services.
Each licensee shall notify the receiving hospital of impending arrival, patient condition and care rendered to the patient.
A Special Purpose License shall be issued to an applicant who provides a specific medical service to a limited population group and emergency evacuation services only, and does not participate in the business of providing continuous general population response for emergency medical services.
Each licensee shall ensure that the appropriate vehicle and equipment be available to perform the services set forth in SECTION VII.
Those services authorized and licensed by the Department to provide emergency care to critically ill or injured patients prior to the arrival of a licensed transporting ambulance service.
An application for the issuance or renewal of an advanced response service license shall be made on forms provided by the Department of Health and shall be accompanied by any fee as required by law or by regulations promulgated by the Department of Health. Each license shall be renewed annually.
Advanced Response Service
A non-transporting service that is dispatched to respond to the scene of an emergency and provides ALS care to ill or injured patients prior to the arrival of a licensed transporting ambulance service is subject to compliance with the EMS Rules and Regulations.
No person shall furnish, operate, maintain, conduct, advertise or in any way engage in or profess to engage in the business of providing Advanced Life Support Response Services upon the streets and highways of Arkansas unless that person holds a valid service license issued by the Department. This provision shall not in any way operate to alter the application of the Arkansas Good Samaritan Act {Arkansas Statutes 72-624).
Each Advanced Response licensee shall, when appropriate, provide the following skills with Medical Director oversight:
Each Advanced Response licensee shall, when appropriate, perform those services set forth in SECTION VII.
Each Advanced Response licensee shall, when appropriate, perform those services set forth in SECTION VII.
Medical Director who will provide medical oversight pursuant to Arkansas statutes and meets the requirements of Section LA. This shall be the same physician providing the DEA number if required (above).
An application for the issuance or renewal of an emergency vehicle permit shall be made on forms provided by the Department. The Department, upon satisfactory completion of an annual inspection by the Department, shall issue a vehicle permit.
Each vehicle of a licensee shall be issued a permit in one of the classifications set forth below.
Any equipment a licensed EMS service wants to routinely carry that is not on the approved equipment list must have written approval by the Office to carry the equipment.
For ALS Licensed Services registering I-A vehicles, ALS equipment and skills may only be permitted when appropriate ALS personnel are present. This does NOT permit the service to routinely carry ALS equipment on a I-A vehicle.
Each licensee shall ensure that each vehicle to be registered meets the following vehicle and on-board medical equipment specifications as follows:
Minimum dimensions for patient compartment
Each registered vehicle shall have two-way direct communication with dispatch centers and/or base stations, other emergency medical service vehicles and receiving hospitals.
Each vehicle shall meet the Paramedic drug and equipment specifications recommended by the Governor's Advisory Council on EMS and approved by the Department.
Each Paramedic registered vehicle shall be attended at the scene and while enroute to the medical facility, by a minimum of two certified individuals, who shall be an Emergency Medical Technician-Paramedic, Emergency Medical Technician-Intermediate, or Emergency Medical Technician-Ambulance, with the ""Emergency Medical Technician-Paramedic staffing the vehicle at all times and in the patient compartment at all times during patient transport.
*Note: This does not preclude allowing a licensed physician or nurse from providing care in the back of the ambulance in addition to the certified EMT-Paramedic
Each licensee shall ensure that each vehicle to be registered meets the following vehicle and on-board medical equipment specifications as follows:
Minimum dimensions for patient compartment
Each registered vehicle shall have two-way direct communication with dispatch centers and/or base stations, other emergency medical service vehicles and receiving hospitals.
Each vehicle shall meet the Intermediate supplies and equipment specifications recommended by the Governor's Advisory Council on EMS and approved by the Department.
Each Intermediate registered vehicle shall be attended at the scene and while enroute to the medical facility, by a minimum of two certified individuals, who shall be an Emergency Medical Technician-Paramedic, Emergency Medical Technician-Intermediate, or Emergency Medical Technician-Ambulance, with the ""Emergency Medical Technician-Intermediate or Emergency Medical Technician-Paramedic staffing the vehicle at all times and in the patient compartment at all times during patient transport.
*Note: This does not preclude allowing a licensed physician or nurse from providing care in the back of the ambulance in addition to the certified EMT-Intermediate or Paramedic
Each licensee shall ensure that each vehicle to be registered meets the following vehicle and on-board medical equipment specifications as follows:
Minimum dimensions for patient compartment
Each registered vehicle shall have two-way direct communication with dispatch centers and/or base stations, other emergency medical service vehicles and receiving hospitals.
Each vehicle shall meet the I-A supplies and equipment specifications recommended by the Governor's Advisory Council on EMS and approved by the Department.
Each I-A registered vehicle shall be attended at the scene and while enroute to the medical facility, by a minimum of two certified individuals, who shall be an Emergency Medical Technician-Paramedic, Emergency Medical Technician-Intermediate, or Emergency Medical Technician-Ambulance, with the ""Emergency Medical Technician-Ambulance, Emergency Medical Technician-Intermediate or Emergency Medical Technician-Paramedic staffing the vehicle at all times and in the patient compartment at all times during patient transport.
*Note: This does not preclude allowing a licensed physician or nurse from providing care in the back of the ambulance in addition to the certified EMT.
Each registered vehicle shall have two-way communication with dispatch centers and/or base stations, other emergency medical service vehicles and receiving hospitals.
Each vehicle shall meet the I-B supplies and equipment specifications recommended by the Governor's Advisory Council on EMS and approved by the Department.
Each I-B registered vehicle shall be attended at the scene and while enroute to the medical facility, by a minimum of two individuals, one of whom shall be a licensed physician, Emergency Medical Technician-Paramedic, Emergency Medical Technician-Intermediate, licensed nurse, or Emergency Medical Technician-Ambulance, with any of the above in the patient compartment at all times during patient transport.
This permit shall be issued to only those emergency vehicles that are operated by a Special Purpose Licensee.
Each registered vehicle shall have two-way direct communications with dispatch centers and base stations, other emergency medical service vehicles and medical control.
Each vehicle shall meet the Advanced Response drug and equipment specifications recommended by the Governor's Advisory Council on EMS and approved by the Department.
Each vehicle shall meet the basic medical and extrication equipment requirements recommended by the Governor's Advisory Council on EMS and approved by the Department.
The Department shall issue the following types of certificates:
Emergency Medical Technician-Ambulance c. Instructor
An application for the initial issuance of a certification shall be made on forms provided by the Department, and shall be accompanied by a fee set forth by current EMS statute. Each certificate shall be renewed biennially and shall be accompanied by a fee set forth by current Arkansas Code 20-13-200.
Each Arkansas Certified EMT shall carry at all times the Arkansas Certification Card issued by the Office or have the ability to contact their EMS service or the Office for EMT certification verification when providing patient care if level of certification is questioned.
Any applicant applying for certification shall complete one time only a criminal history check form and shall request the Identification Bureau of the Department of the Arkansas State Police to conduct a state and/or national criminal history check on the applicant as required by Arkansas Code 20-13-200.
(Note: Any person not holding Arkansas Certification must comply with the requirements for a State and/or National Criminal History check as required by Act 666 of 1999.)
Successfully complete the Arkansas EMT-Paramedic Examination
(Note: Any person not holding Arkansas Certification must comply with the requirements for a State and/or National Criminal History check as required by Act 666 of 1999.)
Successfully complete the Arkansas EMT-Intermediate Examination.
Arkansas EMT recertification is required every two (2) years in order to ensure EMTs maintain the ability, skills and knowledge needed to properly perform prehospital medical patient care. It is based on a combination of training programs and testing of basic critical skills. Individuals will not be authorized to provide care as EMTs from their expiration date until they receive their new identification card. EMT-Instructor recertification requirements must be completed to maintain Instructor status, but does not affect Arkansas EMT certification. An individual can lose their Instructor status, but still be recertified at their EMT level.
Any currently certified EMT applying for recertification shall complete one time only a criminal history check form and shall request the Identification Bureau of the Department of the Arkansas State Police to conduct a state and/or national criminal history check on the applicant.
Instructor Certification is for a two (2) year period to run concurrent with your current EMT level of certification.
The following must be completed and submitted for ALL Instructors:
Individuals who do not complete their educational and training requirements for recertification prior to their expiration date will be considered lapsed and will have to complete the following requirements for their certification level prior to receiving their new State Certification card:
The Department is authorized to approve Arkansas certification testing for individuals who hold certifications or licenses issued by other states. In addition, military, ex-military and federal employees who hold a current National Registry of EMTs card will be eligible for Arkansas certification testing. Certification will be equal to their preexisting certification, not to exceed two (2) years. The Department shall require any person seeking reciprocity to comply with the following requirements:
Note: If you are not currently a National Registry cardholder, you must acquire one before being Arkansas certified. Contact the Office of EMS & Trauma Systems to obtain the procedures you must follow to acquire National Registry
status.
Note: If you are not currently a National Registry cardholder, you must acquire one before being Arkansas certified. Contact the Office of EMS & Trauma Systems to obtain the procedures you must follow to acquire National Registry
status.
Note: If you are not currently a National Registry cardholder, you must acquire one before being Arkansas certified. Contact the Office of EMS & Trauma Systems to obtain the procedures you must follow to acquire National Registry
status.
Pursuant to ACT 293 of 1981, if a hospital wishes to permit an Arkansas Certified Emergency Medical Technician to perform specified procedures within the Emergency Department or as a member of an emergency code team functioning elsewhere in the hospital, the following action must be taken:
The following sections pertain to training at all three levels of EMS Instruction in Arkansas.
Any training site may offer concurrent courses providing the following criterion has been met.
There must be adequate equipment available for each course offered to insure that each student has appropriate access to each needed item. In the case of concurrent courses, a training site must be able to demonstrate that no conflict in equipment availability exists.
Investigators and inspectors for the Office of Pharmacy Services and Drug Control, Arkansas Department of Health, are directed to make investigations and inspections and make copies of the records and orders, wherever located, of all services licensed by the Office of EMS in order to determine whether or not the said services have violated the laws and regulations of the State of Arkansas respecting prescribing and using of narcotics and potentially dangerous drugs and whether or not said services have violated the provisions of the law.
A separate registration in the name of the Medical Director (Physician) is required for each service license place of business at one general physical location where controlled substances are maintained or distributed to ambulances specifically licensed to maintain drugs.*
Each Paramedic Licensee or Medical Director shall notify the Office of Pharmacy Services and Drug Control, Arkansas Department of Health (661-2325), immediately upon discovery of any suspected loss, theft and/or other diversion of any controlled substance under their supervision.
* Exception: Hospital based Service (The hospital's DEA Registration allows for the drugs to be supplied to the service through the hospital pharmacy where records of administration and distribution are the responsibility of the hospital).
All controlled substances no longer usable due to deterioration, expired dating, or no longer used by the service:
A policies and procedures manual pertaining to drug handling shall be developed and submitted to the Office of Pharmacy Services and Drug Control for approval. The manual shall include at a minimum the following:
All additions to the Optional Drug List will be approved by the Medical Director, recommended by the Governor's Advisory Council on EMS & Trauma Systems and approved by the Office of EMS, prior to implementing the drug.
The policy of purchasing small quantities of legend drugs from hospital pharmacies by the supervising physician of non-hospital based ambulance services or EMS systems is acceptable. There is no requirement for hospitals to participate in this sale.
No person shall furnish, operate, maintain, conduct, advertise or engage in, or profess to engage in, the business of providing air ambulance transport of patients unless that person holds a valid air ambulance service license issued by the Department. This provision shall not in any way operate to alter the application of the Arkansas Good Samaritan Act (Arkansas Statutes 72-624).
Each helicopter air ambulance service shall arrange for flight following at least every fifteen (15) minutes. Documentation of such flight following must be maintained. When the aircraft is unable to maintain direct radio contact with the base station, flight following may be maintained through alternative communication links such as hospitals, FAA communications points and EMS agencies.
All flights must be staffed by a minimum of two (2) aeromedical crewmembers one of who must be either a flight nurse or a flight physician. The medical director may select the second member at his discretion and may designate any additional personnel they choose.
All flights must be staffed by a minimum of one (1) medical crewmember that shall be a critical care nurse, flight physician, or other appropriate personnel selected by the medical director. The medical director may send any additional medical personnel at their discretion.
An application for the issuance or renewal of an air ambulance unit permit shall be made on forms provided by the Department. The Department upon satisfactory completion of an annual inspection by the Department shall issue an air ambulance permit. A fee, as required by law or by regulations promulgated by the Department of Health, shall be required for each unit registered with the service.
WW - WRITTEN WARNINGP - PROBATIONS - SUSPENSIONR - REVOCATION
EMS PERSONNEL:
OFFENSES: | 1st | 2nd | 3rd |
Convicted, plead guilty or nolo contendre to any criminal offense listed in Act 666 of 1999 | Concurrent | with | state law |
Reporting to duty or rendering patient care while under the influence of alcohol (According to current Arkansas Legal Code) illegal drugs or illegally obtained drugs*. | R | ||
Conviction of driving under the influence of alcohol or illegal drugs* while on duty, on emergency response or during patient transport | R | ||
Misappropriation, stealing and/or embezzlement of EMS grants or equipment purchased under such grants | R | ||
Immediate and intentional refusal to render care to the reasonable level of skill, prudence, caution and competence that could be expected under the circumstances while responding to a formal request for emergency medical care | S | R | |
Racial, sexual, religious, age, disability, etc. discrimination or harassment during the rendering of patient care, during EMS training or while on duty | S | R |
*Includes pharmaceutical, narcotics, stimulants, depressants, prescription drugs, etc. which have been obtained illegally
OFFENSES: | 1st | 2nd | 3rd |
Threatening, intimidating or interfering with job performance of other EMS personnel while on an ambulance response or during the rendering of patient care | P | S | R |
Failure to report substance abuse of on-duty EMS providers to the Office of EMS & Trauma Systems | P | S | R |
Conviction of intentional violation of motor vehicle code while on duty during two (2) year certification period | P | S | R |
Intentional falsification of facts on EMT Certification application | P | S | R |
Cheating on an EMT Practical and/or Written Exam | P | S | R |
Using equipment and/or performing procedures beyond the level of licensure of the ambulance service without medical control | P | S | R |
Unauthorized release or divulgence of confidential information | P | S | R |
Providing care as an EMT independent or with a licensed EMS service while having a lapsed certification | P | S | R |
Fighting or creating a disturbance at the scene of an EMS Response | WW | P | S |
Failure to respond or accept official departmental correspondence sent by certified mail except in cases were individual is out-of-state or has prolonged illness. | WW | P | S |
AMBULANCE SERVICE: | |||
Misappropriation, stealing and/or embezzlement of EMS grants or equipment purchased under such grants | s | R | |
Falsification of records related to ambulance service operations | s | R | |
Requiring EMS Personnel to violate EMT standards | s | R | |
Racial, sexual, religious, age, disability, etc. discrimination or harassment during the rendering of patient care, during EMS training, or while on duty | s | R | |
Conviction of violation of State and/or Federal law governing third party reimbursement | s | R | |
OFFENSES: | 1st | 2nd | 3rd |
Unauthorized release or divulgence of confidential information | P | S | R |
Neglect of current EMS Rules and Regulations in regards to endangering the safety or welfare of patients and/or EMS Personnel due to failure to maintain compliance with appropriate level of licensure | P | S | R |
Carrying and/or using equipment not approved by the Office for the licensure level | P | S | R |
The failure to report substance abuse by EMS Providers while on duty to the Office of EMS & Trauma Systems** | P | S | R |
Using an EMT who is lapsed or not Arkansas certified to meet the ambulance staffing requirements | WW | P | S |
Failure to respond or accept official departmental correspondence sent by certified mail | WW | P | R |
Failure to follow the manufacturers recommendations for the use of medical equipment in a manner which causes harm to the patient | WW | P | S |
Conviction of violation of Federal Communications Commission (FCC) Rules and Regulations | Concurrent with Federal Laws | ||
INSTRUCTORS: | |||
Falsification by the instructor of facts on student paperwork/applications | S | R | |
Teaching an EMS related course that requires pre-approval from the Office without having the approval from the Office. | S | R | |
Abandonment of an approved EMT course | S | R | |
Failure to teach courses by National Standard Curriculum | P | s | R |
Failure to observe recognized professional teaching standards | P | s | R |
TRAINING SITES: | |||
Misappropriation, stealing and/or embezzlement of EMS Grants or equipment purchased under such grants | S | R | |
**Includespharmaceutical, narcotics, stimulants, depressants, prescription drugs, etc. | |||
OFFENSES: | 1st | 2nd | 3rd |
Falsification by the training site of records related to courses or training | S | R | |
Conduct or actions that results in harm to the health and safety of the student | P | S | R |
Unauthorized release or divulgence of confidential student Information | P | S | R |
Failure to meet and maintain the criteria for program approval as set by the Department | P | s | R |
Failure to allow the Department to inspect, observe, or evaluate programs, including program personnel, facilities, classes, and clinical practice sessions | WW | p | S |
Use of training personnel not competent for the type of training offered | WW | p | S |
Failure to observe recognized professional standards in the course content and operation of the training program | WW | p | s |
Failure to keep accurate and adequate records, of the names and addresses and type of training completed of all graduates and attendees for a minimum of two (2) years | WW | p | s |
Failure to offer training consistent with the approved application | WW | p | s |
If any provision of these Rules and Regulations, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these Rules and Regulations which can give effect without the invalid provisions or applications, and to this end the provisions hereto are declared to be severable.
All Regulations and parts of Regulations in conflict herewith are hereby repealed.
CERTIFICATION
This will certify that the foregoing Rules and Regulations Pertaining to Emergency Medical Services were adopted by the Arkansas State Board of Health at a regular board session held in Little Rock, Arkansas, on the 24 th. day of April, 2008.
Paul K. Halverson, DrPH, FACHE Secretary, Arkansas State Board of Health Director, Arkansas Department of Health
The foregoing Rules and Regulations having been filed in my Office are hereby in compliance with the Administrative Procedures Act on this 28 th day of May, 2008.
Mike Beebe Governor
007.28.08 Ark. Code R. 001