Arkansas Administrative Code
Agency 007 - Arkansas Department of Health
Division 03 - Emergency Health Services
Rule 007.03.16-001 - Rules and Regulations for Emergency Medical Services
Current through Register Vol. 49, No. 9, September, 2024
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 the Laws of the State of Arkansas in Ark. Code Ann. § 20-13-200et.seq., and other laws of the State of Arkansas.
SECTION I. DEFINITIONS
For the purpose of these regulations the following terms are defined:
Authorization and accreditation issued by the Department or the Committee on Accreditation of Educational Programs (CoAEMSP) to an organization for the purpose of engaging in EMS education in the state of Arkansas.
SECTION II. PURPOSE
The purpose of these Rules and Regulations is to provide a framework to enhance care provided to the ill or injured by Emergency Medical Services Personnel.
SECTION III. LICENSURE OF AMBULANCE SERVICES
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 annual renewal of an ambulance service license shall be made on forms provided by the Department and shall be accompanied by an applicable fee. All documentation and fees must be submitted to the Department prior to an EMS service or vehicle permit being issued. NO license shall be issued until ALL licensure requirements have been met.
A licensed ambulance service may transport any patient to the care facility of the patient's choice if the licensee considers service area limitations and subject to applicable federal law and the licensee's local protocol. If the patient is unable to make a choice, and if the attending physician is present and has expressed a choice of care facility, the licensee may comply with the attending physician's choice if the licensee considers service area limitations and subject to applicable federal law. If the patient is unable to make a choice, or if the attending physician is not present or has not expressed a choice of facility the licensee may transport the patient to the nearest appropriate care facility subject to applicable federal law.
Each ground & air ambulance service shall notify the receiving Medical Health Care Facility or Emergency Medical Receiving Facility by radio or by a means agreed upon by the receiving facility in the event the radio is unavailable. The notification shall include at minimum impending arrival, patient condition and care rendered to the patient.
The ambulance service shall at the time of transfer of care leave a completed Encounter Form or a completed Short Form. If a Short Form is left with the
Receiving Facility the ambulance service shall submit a completed Encounter Form to the receiving facility within twenty-four (24) hours from transfer of care. The Department may inspect the patient encounter forms of any Service covered by these rules.
Each licensee shall report EMS data, as required by the Department for every request that results in the dispatch of a vehicle. All submissions shall be complete, reflect accurate information and submitted to the Department by the last day of the subsequent month following the dispatch date. All Services shall have an audit process to ensure that each run has been submitted and that data being submitted is complete and accurate.
Each licensee shall have in force and effect general liability insurance coverage, and liability insurance coverage for each vehicle owned and operated by or for the applicant or licensee. All policies shall be issued by an insurance company licensed to do business in the State of Arkansas. Proof of current general liability insurance and coverage for each vehicle shall be submitted to the Department on initial application or renewal of Service license. Each air ambulance service shall have in force and effect liability insurance coverage for each aircraft owned and operated by or for the applicant or licensee as required by the FAA. The Service shall maintain evidence of proof of current liability insurance coverage for each aircraft. A license holder shall immediately notify the Department and cease operations if the coverage required by this section is cancelled or suspended.
Each Service shall be issued a license in at least one (1) of the classifications set forth by the Department.
Each licensee, including air ambulance services, shall be required to obtain a separate service license in each county the ambulance service has an operational base.
Each Service shall display a copy of the ambulance service license in a prominent location on the premises of the ambulance services operational base at all times
All documentation and applicable fees must be submitted to the Department prior to any license being issued. No license shall be issued until all licensure requirements have been met.
Service licenses shall only be transferable if all initial licensure paperwork fees are submitted to the Section prior to operation, unless otherwise approved by the Department.
Service licenses holders shall notify the Department by certified mail within ten (10) days after any of the information contained in the application changes or becomes inaccurate.
An ambulance service shall not advertise to the general public, skills, procedures, staffing or personnel licensure levels which cannot be provided on every emergency request, twenty-four (24) hours a day, seven (7) days a week.
The service area of each licensed ambulance service shall be clearly identified on a map provided by the Department and submitted annually to the Department. A licensed Service may cross county lines to serve a portion of an adjoining county with an agreement with the licensed Service(s) in the adjoining county, and in accordance with written contracts or agreements between the ambulance service and city/county governments as they may exist. This agreement shall be submitted to the Department annually with the service area map. This excludes Air Ambulance Services.
An ambulance service shall only transport patients who are properly secured based upon the ambulance manufactures' recommendations.
An Intercept can be requested by the in-charge lead emergency medical services personnel of the transporting ambulance if the patient's condition dictates.
Ambulance services shall not carry nor dispense any drugs or medications or perform any procedure that is outside of the EMSP's Scope of Practice.
Ambulances service shall contact the Department prior to deploying or sending any Arkansas permitted ambulances to another state(s) to fulfill obligations of a state/federal/private contract or agreement for a disaster. Ambulance service shall contact the Department during regular business hours or the Department Emergency Communication Center after hours.
A pre-arranged mutual aid agreement with another Arkansas Licensed Service shall be in place or by activation of a mass casualty incident through the Department.
Ground ambulance services are the primary pre-hospital emergency responder for each emergency scene request within their service area. Air ambulance services are considered secondary emergency responders when requested by a patient, bystander, or responders at the scene. If an air ambulance service is notified by a patient, bystander, or responder prior to arrival of ground ambulance service, the air ambulance service shall immediately activate the ground ambulance service within that service area.
Items not related to patient care may only be transported in an ambulance that is considered out of service, this excludes service / guide dogs as defined by Arkansas Code Annotated § 20-14-308.
SECTION IV. GROUND AMBULANCE SERVICE LICENSURE CLASSIFICATION STANDARDS
*Paramedic. Advanced EMT and EMT Services max not license EMT-Specialtv. EMT-Volunteer or Stretcher Ambulances
EMT, EMT-Specialty and EMT-Volunteer licensed services administering or carrying medications will be granted six months from the effective date of this Rules to comply with the Medical Director requirements. The medical director shall:
Physicians acting as medical directors for EMS education programs recognized by the Department that require clinical and field internship performance by students shall be permitted to delegate authority to a student-in-training during their performance of program-required medical acts and only while under the control of the education program.
A medical director may limit the scope of practice of any EMS Personnel under their direction.
SECTION V. PERMITTING OF GROUND EMERGENCY VEHICLES
An application for the issuance or renewal of an emergency vehicle permit shall be made on forms provided by the Department.
The following identifiers may also be displayed in contrasting color(s):
* Stretcher ambulances may not be equipped with warning lights.
155.280 MHz
155.235 MHz
155.340 MHz
All permitted ambulances of licensed services that are participating in the Trauma System must have a Trauma AWIN radio that is in operating condition.
*Does not apply to Stretcher Ambulances
SECTION VI AIR AMBULANCE SERVICE LICENSURE CLASSIFICATION STANDARDS
All licensed emergency medical services personnel shall conduct a quality assurance program. The quality assurance program shall evaluate patient care and personnel performance for compliance with the current standards of practice as set forth in the services medical protocols, regulations, and standards of Emergency Medical Services scope of practice. Reviews should be conducted at least quarterly, to assess, monitor, and evaluate the quality of patient care provided. Documentation for the quality assurance program and review shall include the following:
SECTION VII. PERMITTING OF AIR AMBULANCE VECHICLES
An application for the issuance or renewal of an air ambulance vehicle permit shall be made on forms provided by the Department.
*See Appendix 1
Minimum Experience for Flight Nurses
Minimum Experience for Paramedics Conducting Air Ambulance Transport
Minimum Experience for Flight Nurses
Minimum Experience for Paramedics
Minimum Training Requirements for Specialty Care Air Ambulance Personnel
Minimum Experience for Paramedics conducting Fixed Wing Transport
Minimum Experience for Specialty Care Fixed Wing Personnel
SECTION VIII. APPROVED EMERGENCY MEDICAL SERVICES PERSONEL SKILLS
* Advanced life support equipment cannot be stored on a licensed EMT ambulance.
SECTION IX. EDUCATION, TESTING AND LICENSURE OF PERSONNEL
An application for the initial issuance of a license shall be made on forms provided by the Department, and shall be accompanied by a $20 fee set forth by Arkansas Code Ann. § 20-13-211.
Each EMSP shall have the Arkansas EMSP licensure card issued by the
Department on their person at all times while on duty or have the ability to contact their EMS service for licensure verification. All paramedics shall maintain ACLS certification throughout their licensure period. All licensure levels shall maintain current CPR certification during their license period. Each Service shall have readily available a copy of all current licensure and certification cards for all employees.
Any applicant applying for initial licensure shall complete a State and/or Federal criminal history check.
One (1) Continuing Education (CE) Hour is defined as every fifty (50) minutes of approved classroom or skills laboratory activities, each hour of structured clinical or field experience when monitored by a preceptor assigned by an EMS training program, EMS service personnel, hospital or alternate base station approved according to the Department or each hour of media based/serial production. Continuing Education courses or activities shall not be approved or accepted for less than one half hour of credit. CE hours shall not be awarded until all requirements have been met and the EMSP attended the complete training. Credit can be applied for college courses that relate to your role as an EMS professional (Reference the NCCP manual on the Arkansas Department of Health and National Registry of EMT's website for details). Hour-for-hour credit can be applied for nationally standardized courses (including, but not limited to, ABLS, ACLS, AMLS, EMPACT, EPC, ITLS, PHTLS, PALS, PEPP, etc.) The following cannot be applied towards the National Continued Competency Program (NCCR, LCCR and ICCR):
* Performance of duty or volunteer time with agencies
* Clinical rotations
* Instructor methodology courses
* Management/leadership courses
* Preceptor hours
* Serving as a skills examiner
Relicensure applications are randomly selected for audit. If a licensee's application is randomly selected, the licensee must provide documentation for all hours used for their relicensure within 15 business days from notification. Documentation may consist of course completion certificates, training rosters, written verification from the training officer, or other proof as approved by the Department.
A formal (24) hour EMT Transition/Refresher course based on the current EMS Education Standards including an end-of-course cognitive and psychomotor examination, verified by an approved education program. Must include a minimum of 2 hours pediatric specific education.
OR
Forty-eight (48) hours of Continuing Education Units with a minimum of three (3) areas, maximum of sixteen (16) hours per topic area. Maximum of twelve (12) hours of internet based education. Must include a minimum of 2 hours pediatric specific education.
Method #1
Submit a copy of your current National Registry of Emergency Medical Technicians certification card prior to your state license expiration date.
No license shall be issued until current National Registry certification can be verified. Continuing education hours needed to meet the NREMT requirements are outlined below. Licensee must complete all requirements in a-c.
Or
Method #2
If not currently certified by the National Registry of Emergency Medical Technicians, licensee shall submit 40 hours of continuing education as outlined below in a-c. Licensee may use a course only once toward the total number of hours required in each of the following topic areas. Licensee must complete all requirements in a-c.
Method #1
Submit a copy of your current National Registry of Emergency Medical Technicians certification card prior to your state license expiration date. No license shall be issued until current National Registry certification can be verified. Continuing education hours needed to meet the NREMT requirements are outlined below. Licensee must complete all requirements in a-d.
(This document can be located on the Arkansas Department of Health website)
Or
Method #2
If not currently certified by the National Registry of Emergency Medical Technicians, licensee shall submit 50 hours of continuing education as outlined below in a-d. Licensee may use a course only once toward the total number of hours required in each of the following topic areas. Licensee must complete all requirements in a-d.
In addition to the above, complete and document one of the following:
A formal (48) hour Paramedic Transition Program based on the EMS Education Standards, including an end-of-course cognitive and psychomotor examination, verified by letter from an approved EMS Education Program and twenty-four (24) hours of Continuing Education units with a minimum of three (3) areas, maximum of sixteen (16) hours per area. Maximum of twelve (12) hours for internet based education. Must include a minimum of 4 hours pediatric specific education.
Or
Seventy two (72) hours of Continuing Education units with a minimum of three (3) areas, maximum of sixteen (16) hours per topic area. Forty eight (48) hours must follow the guidelines pertaining to Paramedic Continuing Education requirements.
Maximum of twelve (12) hours for internet based education. Must include a minimum of 4 hours pediatric specific education.
Or
Twenty-Four (24) hours with documentation of skills competency from the Services Medical Director or their designee and recertify with the NREMT by challenging and passing the NREMT Paramedic cognitive exam ACLS, PALS will not count toward the 24 hours of Advanced CEU's. If choosing this method, each paramedic shall provide documentation from the National Registry that recertification was accomplished by exam. Continuing Education hours must include a minimum of 4 hours pediatric specific education.
Method #1
Submit a copy of your current National Registry of Emergency Medical Technicians certification card prior to your state license expiration date. No license shall be issued until current National Registry certification can be verified. Continuing education hours needed to meet the NREMT requirements are outlined below. Licensee must complete all requirements in a-c.
OR
Method #2
If not currently certified by the National Registry of Emergency Medical Technicians, licensee shall submit 60 hours of continuing education as outlined below in a-c. Licensee may use a course only once toward the total number of hours required in each of the following topic areas. Licensee must complete all requirements in a-c.
EMSP Instructor licensure is for a two (2) year period to run concurrent with the current EMSP level of licensure.
The following must be completed and submitted for ALL Instructors:
No EMSP mav provide patient care until a license has been issued.
Individuals who do not complete their educational and training requirements for relicensure prior to their expiration date will be considered lapsed and will have to complete the following requirements for their licensure level prior to receiving their new licensure card.
No EMSP that is lapsed shall provide patient care until a license has been issued:
and
*Note - Those failing to submit necessary forms or fees by the EMSP's expiration date will not be eligible for an extension.
The Department is authorized to approve Arkansas licensure for individuals who hold certifications or licenses issued by other states and are in good standing. In addition, military and ex-military personnel who hold a current National Registry of Emergency Medical Technician (NREMT) card will be eligible for Arkansas licensure. Licensure will be equal to pre-existing state certification, not to exceed two (2) years, excluding Military personnel. Applicants must be within the original certification/licensure period or have renewed in the State currently licensed before applying for Arkansas licensure. Applicants must successfully complete the Arkansas licensure requirements prior to the expiration date in which currently licensed.
Military trained personnel will be eligible for EMT Licensure ONLY, unless documentation is submitted showing completion of an accredited AEMT or Paramedic course including all didactic, clinical and field internship requirements.
SECTION X. HOSPITAL STAFFING
In order for an Arkansas Licensed EMSP to perform skills for which they are licensed within a hospital, the EMSP shall ensure that the following actions have been taken by the hospital:
SECTION XI. GENERAL TRAINING SITE AND EDUCATION REQUIREMENTS
The following section pertains to all EMSP training sites
Department is available at the course location and is not removed from any permitted ambulance. Department staff may inspect the course location at any time during the course.
Or
Or
* Any EMS Education Program (EEP) 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.
Full accreditation by the Committee on Accreditation of Educational Programs for the Emergency Medical Services Professions (CoAEMSP) and Committee on Allied Health Education and Accreditation (CAHEA) shall be attained or be in the process of accreditation as documented by a letter from CoAEMSP prior to authorization of the subsequent class.
SECTION XII. EMS EDUCATION PROGRAM REQUIREMENTS
* Emergency department services;
* Home health services;
* Hospital case management;
* Public health agencies services
SECTION XIII. EMSP EDUCATION STANDARDS AND LICENSURE REQUIREMENTS
No person is eligible to provide care, as defined in these Rules and Regulations, without a Current Arkansas EMSP License. Requirements for licensure include:
Successfully complete the NREMT Advanced EMT certification examination including both didactic and psychomotor exams.
SECTION XIV. DRUGS AND PHARMACEUTICALS
Investigators and inspectors for Pharmacy Services and Drug Control, and 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 Department in order to determine whether or not said licensed ambulance services have violated the laws and regulations of the State of Arkansas respecting prescribing and using of narcotics and other 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.
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. This manual shall also be submitted to the Department. 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 and approved by the Department, 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.
SECTION XV. GUIDELINES FOR TRAUMATICALLY INJURED PATIENTS
Licensed ambulance services shall appropriately triage all traumatically injured patients using the Field Triage Decision Scheme: The Arkansas Trauma Triage Protocol identified as Appendix 2. The Lead EMSP will make the destination decision considering the ATCC recommendation, patient's condition, distance of travel, patient preference, and system status.
The following rules regarding the process for inter-facility trauma transfers applies to those services participating in the states trauma system. Services not participating shall have written protocols addressing procedures for the timely inter-facility transfer of urgent trauma patients as defined below to appropriate adult or pediatric trauma centers based on a patient's medical needs. Any deviation from the services protocol shall be reviewed by the services Medical Director.
The need for an urgent trauma transfer exists when, in the opinion of the treating physician, two conditions are met:
and
The hospital seeking the urgent trauma transfer shall contact the ATCC to provide patient condition information and to obtain concurrence with the urgent trauma transfer classification. All urgent trauma transfers shall prompt involvement of the medical director of ATCC in real time. The medical director shall verify the urgent nature of the transfer and concur there is reasonable evidence the two conditions of an urgent trauma transfer are met. If the above conditions are met and concurrence from ATCC is obtained, this transfer qualifies as an urgent trauma transfer.
Once the ATCC confirms the patient meets the criteria for urgent trauma transfer, the ATCC shall contact the EMS Service identified by the transferring hospital to coordinate pick up. The ATCC shall confirm with the transferring hospital the time the patient will be ready for pick-up and communicate that to the EMS Service. The sending hospital should contact the EMS Service designated on the ATCC dashboard early in the process to allow the Service as much advance notice as possible of the impending urgent transfer.
If the EMS Service cannot be at the transferring hospital by the agreed upon time, a backfill Service shall be contacted by the EMS Service. Service area coverage is considered in place at the time the backfill agreement request is accepted. If the service is unable to secure a backfill agreement acceptance, the ATCC shall be available to assist with the backfill, but not assume responsibility. The EMS Service shall have ten minutes to accept the transfer request and shall arrive at the hospital at time agreed upon between the transferring hospital and the EMS agency. The patient and paperwork should be ready for transfer at that time.
All urgent trauma transfer requests shall prompt a review at the local TRAC PI Subcommittee to ensure that the system is being used appropriately, the urgent trauma transfer is accomplished in a timely manner, and that each segment of the system performed its responsibilities. Potential abuses of the system shall be elevated to the State TRAC/PI Subcommittee of the TAC for adjudication and recommendation of action steps to the ADH in order to prevent future abuses.
SECTION XVI. VIOLATIONS
license, vehicle permit, EMSP-Instructor status or authorized and accredited training site for failure to comply, maintain compliance with, or violation of any applicable provision, standard or requirement of Act 435 of 1975, as amended, or the rules and regulations promulgated thereunder.
OFFENSES
EMSP Convicted, plead guilty or nolo contendre to any criminal offense listed in Arkansas
Code Ann. § 20-13-1106 (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 concurrent with State Law.
Providing false information to regulatory officials or willfully concealing known deficiencies during an inspection.
Diverting drugs, supplies or property of patients, patient's families, or healthcare providers.
Altering a license or certification card.
Conviction of driving under the influence of alcohol or illegal drugs* while on duty, on emergency response or during patient transport.
*I ncludes pharmaceutical, narcotics, stimulants, depressants, prescription drugs.
I mmediate 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
Acting negligently or neglectfully when caring for or treating a patient.
Racial, sexual, religious, age, disability discrimination or harassment during the rendering of patient care, during EMS Training or while on duty.
Threatening, intimidating or interfering with job performance of other EMS personnel while on an ambulance response or during the rendering of patient care.
Failure to report substance abuse of on-duty EMS personnel to the Department
Conviction of intentional violation of motor vehicle code while on duty during two (2) year licensure period
Obtaining a license or certification by fraud, deceit, misrepresentation, or by concealing material facts.
Failure to follow accepted standards of care in the management of a patient or in response to a medical emergency.
Falsifying entries or failing to make required or essential entries in a patient care report, EMS education document, or medical record.
Unprofessional conduct while on duty or at the scene of an emergency that hinders, delays, eliminates, or deters the provision of medical care to the patient or endangers the safety of the public.
Cheating on an EMSP Psychomotor and/or written examination.
Using equipment and/or performing procedures beyond the EMSP's level of licensure / scope of practice or the level of licensure of the ambulance service.
Unauthorized release or divulgence of confidential information to an unauthorized person or using confidential patient information for personal or financial benefit.
Providing care as an EMSP independent or with a licensed EMS service while having a lapsed or expired licensure.
Failure to respond or accept official departmental correspondence sent by certified mail.
Misappropriation, stealing and/or embezzlement of EMS grants or equipment purchased under such grants.
Falsification of records related to ambulance service operations.
Failing to provide patient information to a hospital or other health care facility in response to an authorized request.
Failing to report to the Department actions regarding incompetent, unethical, or illegal practice by any EMSP.
Requiring EMS Personnel to violate EMS Rules and Regulations or EMSP standards.
Engaging in the delivery of emergency medical services on a revoked, suspended, expired, or inactive license.
Alteration of/or transferring a vehicle permit from one vehicle to another. Operating an ambulance or EMS vehicle that is not licensed or insured.
Failure to follow all requirements concerning drugs and pharmaceuticals
Endangering the safety or welfare of patients and/or EMS Personnel due to failure to maintain compliance with appropriate level of licensure.
Carrying and/or using equipment not approved by the Department for the licensure level.
Using an EMT who is lapsed or not Arkansas licensed to meet ambulance staffing requirements.
Failure to have all necessary equipment and non expired supplies in licensed ambulances for the level of licensure.
Failure to follow the manufacturer's recommendations for the use of medical equipment in a manner which causes harm to the patient.
Conviction of violation of Federal Communications Commission Concurrent with Federal Laws (FCC) Rules and Regulations.
Falsification by the instructor of facts on student paperwork/applications.
Teaching an EMS related course that requires pre-approval from the Department without having that approval.
Abandonment of an approved EMT course.
Failure to complete and submit required documentation for all students. Failure to teach courses by National Standard Curriculum.
Failure to observe recognized professional teaching standards Falsification of continuing education documentation
Falsification by the training site of records related to courses or training
Conduct or actions by the training site that results in harm to the health and safety of the student
Failure to meet and maintain the criteria for program approval as set by the Department or accrediting body
Failure to allow the Department to inspect, observe, or evaluate programs, including program personnel, facilities, classes, and clinical practice sessions
Use of training personnel not competent for the type of training offered
Failure to observe recognized professional standards in the course content and operation of the training program
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
Allowing an Advanced EMT or Paramedic student to participate in clinical rotations without being licensed as an EMT
Failure to offer training consistent with the approved application
SECTION XVII. SEVERABILITY
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.
SECTION XVII I. REPEAL
All Regulations and parts of Regulations in conflict herewith are hereby repealed.