reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 10 - AMBULANCE SERVICES (§§ 20-13-1001 — 20-13-1006) › Section 20-13-1006 - Rules for mass casualty incidents

In mass casualty incidents, which overwhelm the region's available resources, the Department of Health shall promulgate rules which establish procedures for the transportation of patients by ambulances.
Amended by Act 2019, No. 315,§ 1930, eff. 7/24/2019.
Acts 1997, No. 1255, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1101 - Definitions

As used in this subchapter:
(1)
"Applicant" means any individual seeking Arkansas emergency medical services personnel licensure or relicensure;
(2)
"Bureau" means the Identification Bureau of the Division of Arkansas State Police;
(3)
"Care" means treatment, services, assistance, education, training, instruction, or supervision in the prehospital emergency medical systems environment;
(4)
"Division of Emergency Medical Services" means the organization within the Department of Health responsible for the enforcement of emergency medical services legislation within the State of Arkansas;
(5)
"Emergency medical services personnel" means the individual who has been licensed as an EMT, Advanced EMT, or paramedic and who may perform those services equivalent to level of licensure;
(6)
"Emergency medical services system" means the transportation and medical care provided to the ill or injured before arrival at a medical facility by a licensed emergency medical services personnel or other healthcare provider and the continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;
(7)
"Index" means the database maintained by the Identification Bureau of the Division of Arkansas State Police of criminal records checks that have been conducted on applicants for emergency medical services personnel licensure and relicensure;
(8)
"Licensing agency" means the government agency charged with licensing the qualified individual to provide prehospital care;
(9)
"Licensure" means the official acknowledgment by the department that an individual has demonstrated competence to perform the emergency medical services required for licensure under the rules and standards adopted by the State Board of Health upon recommendation by the Emergency Medical Services Advisory Council;
(10)
"National criminal history check" means a review of national criminal records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods;
(11)
"Relicensure" means the official acknowledgment by the Division of Emergency Medical Services that an individual has demonstrated competence to perform the emergency medical services required for relicensure under Arkansas EMS Rules;
(12)
"Report" means a statement of the criminal history of an applicant issued by the Identification Bureau of the Division of Arkansas State Police; and
(13)
"State criminal history check" means a review of state criminal records conducted by the Identification Bureau of the Division of Arkansas State Police using the Arkansas Crime Information Center.
Amended by Act 2019, No. 315,§ 1931, eff. 7/24/2019.
Amended by Act 2013, No. 1132,§ 9, eff. 8/16/2013.
Acts 1999, No. 666, § 1; 2009, No. 689, § 13.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1102 - Mandatory criminal history checks for emergency medical services personnel

(a)
(1)
Any applicant applying for initial licensure shall complete a criminal history check form and shall request the Identification Bureau of the Division of Arkansas State Police to conduct a state or national criminal history check, or both, on the applicant.
(2)
The applicant shall pay all appropriate fees for the state or national criminal history check, or both, as set forth by the bureau.
(3)
The applicant shall attach the criminal history check form to the Arkansas emergency medical services personnel licensure application.
(b)
The Division of Emergency Medical Services of the Department of Health shall conduct a state or national criminal history check, or both, on the applicant and determine whether the applicant is disqualified from licensure based on the report of the applicant's criminal history and forward its determination to the applicant directly.
Amended by Act 2013, No. 1132,§ 10, eff. 8/16/2013.
Acts 1999, No. 666, § 2; 2009, No. 689, § 14; 2011, No. 627, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1104 - Form - State and national criminal history check

(a)
A request for a state or national criminal history check, or both, on a person shall include a completed form as required by the Identification Bureau of the Division of Arkansas State Police.
(b)
If an applicant is requesting initial Arkansas emergency medical services personnel licensure and can provide proof of continuous residency in the State of Arkansas for the past five (5) years, then the applicant shall be required to have only a state criminal history check completed.
(c)
If an applicant is requesting initial Arkansas emergency medical services personnel licensure and is from another state or if the applicant cannot provide proof of continuous residency in the State of Arkansas for the past five (5) years, the applicant shall be required to have both a state and a national criminal history check completed.
Acts 1999, No. 666, §§ 2, 5; 2009, No. 689, § 16; 2011, No. 627, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1105 - Response - File copies

The Division of Emergency Medical Services of the Department of Health shall maintain on file for a period of three (3) years, subject to inspection by the Arkansas Crime Information Center or the Identification Bureau of the Division of Arkansas State Police, a copy of each criminal history check completed by all applicants requesting state licensure.
Amended by Act 2013, No. 1132,§ 11, eff. 8/16/2013.
Acts 1999, No. 666, §§ 3, 6; 2011, No. 627, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1107 - Procedure for challenge

(a)
A person may challenge the completeness or accuracy of criminal history information pursuant to §
12-12-1013
.
(b)
The Division of Emergency Medical Services shall follow the established procedures for applicants to challenge determinations in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., as stated in the current EMS Rules.
Amended by Act 2019, No. 315,§ 1932, eff. 7/24/2019.
Acts 1999, No. 666, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1108 - Additional checks

The Division of Emergency Medical Services maintains the right to conduct additional criminal history checks at the cost of the division on applicants or Arkansas-licensed emergency medical services personnel under investigation for violation of current emergency medical services laws or rules.
Acts 1999, No. 666, § 3; 2009, No. 689, § 17.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1109 - Report and index - Forms - Database

(a)
The Identification Bureau of the Division of Arkansas State Police shall maintain an index of the results of each applicant's criminal history check.
(b)
The Division of Emergency Medical Services shall develop forms that are approved by the bureau to be used for criminal history checks conducted under this subchapter.
(c)
The Division of Emergency Services shall develop and maintain a database of determinations regarding applicants.
Acts 1999, No. 666, § 6; 2011, No. 627, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1110 - Refusal of check as grounds for disqualification

(a)
If an applicant fails or refuses to cooperate in obtaining criminal history checks, such circumstances shall be grounds to deny or revoke the applicant's certification.
(b)
Any applicant failing to comply with this subchapter shall be denied certification or recertification until such time compliance is made with this subchapter.
Acts 1999, No. 666, §§ 4, 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1111 - Notice of convictions

Arkansas-licensed emergency medical services personnel shall notify the Division of Emergency Medical Services of any conviction of or plea of guilty or nolo contendere to any offenses listed in §
20-13-1106(a)
within ten (10) calendar days after the conviction or guilty plea or plea of nolo contendere.
Acts 1999, No. 666, § 4; 2009, No. 689, § 18.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1112 - Forms - Rules

The Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, and the Division of Emergency Medical Services shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter.
Amended by Act 2019, No. 315,§ 1933, eff. 7/24/2019.
Acts 1999, No. 666, § 7; 2011, No. 627, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1113 - Confidentiality

(a)
All criminal history checks obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, the Division of Emergency Medical Services, and the person who is the subject of the report.
(b)
The information contained in criminal history checks shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq., except that the Division of Emergency Services shall furnish determinations to qualified entities.
Acts 1999, No. 666, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1114 - Immunity

Individuals are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter.
Acts 1999, No. 666, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 11 - CRIMINAL RECORDS CHECK (§§ 20-13-1101 — 20-13-1115) › Section 20-13-1115 - Applicability of subchapter

This subchapter shall not apply to persons who render care subject to professional licenses obtained pursuant to:
(1)
Section
17-27-101
et seq., regarding licensed professional counselors;
(2)
The Social Work Licensing Act, §
17-103-101
et seq., regarding social workers;
(3)
The Arkansas Dental Practice Act, §
17-82-101
et seq., regarding dentists;
(4)
Section
17-87-101
et seq., regarding nurses;
(5)
The Arkansas Occupational Therapy Practice Act, §
17-88-101
et seq., regarding occupational therapists;
(6)
Section
17-92-101
et seq., regarding pharmacists;
(7)
The Arkansas Physical Therapy Act, §
17-93-101
et seq., regarding physical therapists;
(8)
Section
17-95-101
et seq., regarding physicians and surgeons;
(9)
Section
17-96-101
et seq., regarding podiatrists;
(10)
Section
17-97-101
et seq., regarding psychologists and psychological examiners;
(11)
The Licensure Act of Speech-Language Pathologists and Audiologists, §
17-100-101
et seq., regarding speech-language pathologists and audiologists; or
(12)
Section
20-10-401
et seq., regarding nursing home administrators.
Acts 1999, No. 666, § 10.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 12 - VACCINATION PROGRAM FOR FIRST RESPONDERS (§§ 20-13-1201 — 20-13-1202) › Section 20-13-1201 - Definitions

As used in this subchapter:
(1)
"Bioterrorism" means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product to cause or attempt to cause death, disease, or other biological malfunction in any living organism;
(2)
"Disaster location" means any geographical location where a bioterrorism attack, terrorist attack, catastrophic or natural disaster, or other emergency occurs; and
(3)
"First responders" means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies.
Amended by Act 2019, No. 389,§ 29, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4992, eff. 7/1/2019.
Acts 2003, No. 1401, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 12 - VACCINATION PROGRAM FOR FIRST RESPONDERS (§§ 20-13-1201 — 20-13-1202) › Section 20-13-1202 - Vaccination program for first responders

(a)
The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases while deployed to disaster locations.
(b)
Participation in the vaccination program shall be voluntary by the first responders, except for first responders who are classified as having occupational exposure to bloodborne pathogens as defined by the Occupational Safety and Health Administration Standard contained in
29 C.F.R. § 1910.1030
, as in effect on January 1, 2003, who shall be required to take the designated vaccinations or as otherwise required by law.
(c)
The department shall notify first responders of the availability of the vaccination program and shall provide first responders with educational materials on ways to prevent exposure to infectious disease.
(d)
The department may contract with county and local health departments, not-for-profit home healthcare agencies, hospitals, and physicians to administer a vaccination program for first responders.
(e)
(1)
This section shall be effective upon receipt of federal funding or federal grants, or both, for administering a vaccination program for first responders.
(2)
Upon receipt of federal funding, the department shall make available the vaccines required for first responders under this section.
Acts 2003, No. 1401, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 13 - PUBLIC ACCESS TO AUTOMATED EXTERNAL DEFIBRILLATION ACT (§§ 20-13-1301 — 20-13-1306) › Section 20-13-1301 - Title

This subchapter may be cited as the "Public Access to Automated External Defibrillation Act".
Acts 2005, No. 273, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 13 - PUBLIC ACCESS TO AUTOMATED EXTERNAL DEFIBRILLATION ACT (§§ 20-13-1301 — 20-13-1306) › Section 20-13-1302 - Legislative intent

The General Assembly finds that early defibrillation can sustain the life of and temporarily stabilize a person in cardiac arrest, thus helping to preserve the Arkansas family. It is the intent of the General Assembly that the public have access to automated external defibrillators for the purpose of saving the lives of persons in cardiac arrest.
Acts 2005, No. 273, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 13 - PUBLIC ACCESS TO AUTOMATED EXTERNAL DEFIBRILLATION ACT (§§ 20-13-1301 — 20-13-1306) › Section 20-13-1303 - Definitions

As used in this subchapter:
(1)
"Automated external defibrillator" means a device that:
(A)
Is used to administer an electric shock through the chest wall to the heart;
(B)
Has built-in computers within the device to assess the patient's heart rhythm, judge whether defibrillation is needed, and then administer the shock;
(C)
Has audible or visual prompts, or both, to guide the user through the process;
(D)
Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to
21 U.S.C. § 360(k)
;
(E)
Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and
(F)
Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual's heart or charges and delivers an electrical impulse at the command of the operator;
(2)
"Cardiac arrest" means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying form of heart disease;
(3)
"Cardiopulmonary resuscitation" means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person's life until advanced assistance arrives;
(4)
"Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia;
(5)
"Emergency medical services" means the transportation and medical care provided the ill or injured before arrival at a medical facility by a certified emergency medical technician or other healthcare provider and continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;
(6)
"Person" means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not; and
(7)
"Ventricular fibrillation" means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart's electrical impulses suddenly become chaotic, often without warning, causing the heart's pumping action to stop abruptly.
Acts 2005, No. 273, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 13 - PUBLIC ACCESS TO AUTOMATED EXTERNAL DEFIBRILLATION ACT (§§ 20-13-1301 — 20-13-1306) › Section 20-13-1304 - Access by public to defibrillators

(a)
In order to ensure the public health and safety, a person or entity that acquires an automated external defibrillator shall ensure that:
(1)
Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials;
(2)
The defibrillator is maintained and tested according to the manufacturer's operational guidelines and instructions; and
(3)
Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.
(b)
Any person or entity that acquires an automated external defibrillator shall notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.
Acts 2005, No. 273, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 13 - PUBLIC ACCESS TO AUTOMATED EXTERNAL DEFIBRILLATION ACT (§§ 20-13-1301 — 20-13-1306) › Section 20-13-1305 - Automated external defibrillator use and tort immunity

(a)
Any person or entity that in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
(b)
The immunity from civil liability for any personal injury under subsection (a) of this section includes:
(1)
A physician or medical facility that is involved with automated external defibrillator placement;
(2)
Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and
(3)
The person or entity responsible for the location where the automated external defibrillator is located or used.
(c)
The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
(d)
The requirements of §
20-13-1304
do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a "Good Samaritan" under the provisions of either §
17-95-101
or §
17-95-106
.
Acts 2005, No. 273, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 13 - PUBLIC ACCESS TO AUTOMATED EXTERNAL DEFIBRILLATION ACT (§§ 20-13-1301 — 20-13-1306) › Section 20-13-1306 - Health spas - Definition

(a)
As used in this section, "health spa" means any person, firm, corporation, organization, club, or association engaged in the sale of:
(1)
Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or
(2)
The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to:
(A)
For-profit businesses, firms, corporations, organizations, clubs, or associations;
(B)
Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;
(C)
Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;
(D)
Any college or university fitness center;
(E)
Any country club; or
(F)
Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months.
(b)
(1)
Each health spa shall have at least one (1) automated external defibrillator on the premises.
(2)
The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests.
(3)
At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty.
(4)
An unstaffed health spa shall have on the premises:
(A)
A telephone for 911 telephone call access;
(B)
An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and
(C)
In plain view:
(i)
A sign indicating the location of the automated external defibrillator; and
(ii)
A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.
(c)
No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has:
(1)
Failed to purchase an automated external defibrillator as required under this section; or
(2)
Acted with gross negligence in the use of an automated external defibrillator.
(d)
If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer.
Acts 2005, No. 1199, § 1; 2007, No. 827, § 158; 2007, No. 1606, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 14 - EMERGENCY CONTRACEPTION FOR VICTIMS OF SEXUAL ASSAULT (§§ 20-13-1401 — 20-13-1403) › Section 20-13-1401 - Findings - Purpose

(a)
The General Assembly finds that:
(1)
One (1) of every six (6) women in the United States will be the victim of a sexual assault;
(2)
Forty-four percent (44%) of the victims of a sexual assault are under eighteen (18) years of age, and eighty percent (80%) of the victims of a sexual assault are under thirty (30) years of age;
(3)
It is estimated that sixty percent (60%) of all sexual assaults are not reported;
(4)
A woman who is the survivor of a sexual assault may face the additional trauma of an unwanted pregnancy or the fear that pregnancy may result;
(5)
Each year, between twenty-five thousand (25,000) and thirty-two thousand (32,000) women in the United States become pregnant as a result of sexual assaults, and approximately twenty-two thousand (22,000) of these pregnancies could be prevented if these women used emergency contraception;
(6)
Standards of emergency care established by the American College of Emergency Medicine and the American Medical Association require that sexual assault survivors be counseled about their risk of pregnancy and offered emergency contraception;
(7)
The National Protocol for Sexual Assault Medical Forensic Examinations issued by the United States Office on Violence Against Women recognizes pregnancy as an often overwhelming and genuine fear among sexual assault survivors and recommends that healthcare providers discuss treatment options with patients, including reproductive health services;
(8)
The United States Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to the medication for women over eighteen (18) years of age;
(9)
Emergency contraception is designed to prevent pregnancy if taken within one hundred twenty (120) hours after unprotected sexual intercourse, but it is most effective if taken within twenty-four (24) hours after unprotected sexual intercourse;
(10)
There are inconsistent policies and practices among Arkansas hospitals for dispensing emergency contraception and providing education to sexual assault survivors; and
(11)
Because emergency contraception is time-sensitive and a sexual assault survivor may have delayed seeking hospital treatment, it is critical that she be informed of this option at the time of her treatment.
(b)
The purpose of this subchapter is to:
(1)
Promote awareness of the availability of emergency contraception for sexual assault survivors as a compassionate response to their traumas; and
(2)
Reduce the number of unintended pregnancies and induced abortions that result from sexual assault.
Acts 2007, No. 1576, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 14 - EMERGENCY CONTRACEPTION FOR VICTIMS OF SEXUAL ASSAULT (§§ 20-13-1401 — 20-13-1403) › Section 20-13-1402 - Definitions

As used in this subchapter:
(1)
(A)
"Emergency contraception" means a drug approved by the United States Food and Drug Administration that prevents pregnancy after sexual intercourse, including without limitation oral contraceptive pills.
(B)
"Emergency contraception" does not include RU-486, mifepristone, or any other drug or device that induces a medical abortion; and
(2)
"Sexual assault survivor" means a female who:
(A)
Alleges or is alleged to have been the victim of sexual assault or to have been raped; and
(B)
Presents as a patient for treatment with regard to the sexual assault or rape.
Acts 2007, No. 1576, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 14 - EMERGENCY CONTRACEPTION FOR VICTIMS OF SEXUAL ASSAULT (§§ 20-13-1401 — 20-13-1403) › Section 20-13-1403 - Emergency contraception information required

(a)
All healthcare facilities that are licensed in this state and provide emergency care to sexual assault survivors shall amend their evidence-collection protocols for the treatment of sexual assault survivors to include informing the survivor in a timely manner of the availability of emergency contraception as a means of pregnancy prophylaxis and educating the sexual assault survivor on the proper use of emergency contraception and the appropriate follow-up care.
(b)
This section does not require:
(1)
A healthcare professional who is employed by a healthcare facility that provides emergency care to a sexual assault survivor to inform the sexual assault survivor of the availability of emergency contraception if the healthcare professional refuses to provide the information on the basis of religious or moral beliefs; or
(2)
A healthcare facility to provide emergency contraception to a sexual assault survivor who is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the sexual assault.
(c)
The General Assembly encourages each healthcare facility to provide training to emergency room staff concerning the efficacy of emergency contraception and the time-sensitive nature of the drug.
(d)
(1)
Because emergency contraception is time-sensitive and a sexual assault survivor may seek information on or direct access to emergency contraception to prevent an unintended pregnancy resulting from the assault instead of or before seeking hospital treatment, it is critical that a sexual assault survivor has accurate information about the availability and use of emergency contraception.
(2)
Therefore, the General Assembly encourages:
(A)
An entity offering victim assistance or counseling and rape crisis hotlines to include information concerning the availability and use of emergency contraception; and
(B)
A licensed or registered pharmacy in the State of Arkansas to distribute information concerning the availability and use of emergency contraception.
Acts 2007, No. 1576, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 15 - PROTECTION FROM LIFE-THREATENING DISEASE (§§ 20-13-1501 — 20-13-1502) › Section 20-13-1501 - Definitions

As used in this subchapter:
(1)
"Airborne or blood-borne disease" means a potentially life-threatening disease, including without limitation:
(A)
Tuberculosis;
(B)
Hepatitis C; and
(C)
Hepatitis B;
(2)
"Emergency response worker" means:
(A)
Paramedics;
(B)
Emergency response employees;
(C)
Firefighters;
(D)
First response workers;
(E)
Emergency medical technicians;
(F)
Emergency medical services personnel;
(G)
Volunteers making an authorized emergency response;
(H)
Law enforcement officers and personnel; and
(I)
A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, §
17-95-101
;
(3)
"Healthcare facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; and
(4)
"Healthcare provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind.
Amended by Act 2019, No. 253,§ 1, eff. 7/24/2019.
Acts 2009, No. 1185, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 15 - PROTECTION FROM LIFE-THREATENING DISEASE (§§ 20-13-1501 — 20-13-1502) › Section 20-13-1502 - Possible exposure of emergency response workers to airborne or blood-borne diseases - Testing

(a)
(1)
Consent is not required for a healthcare provider or healthcare facility to test an individual for an airborne or blood-borne disease when a healthcare provider, an employee of a healthcare facility, or an emergency response worker has a type of contact with an individual that may transmit an airborne or blood-borne disease, as determined by a physician in his or her medical judgment.
(2)
The results of the tests authorized under subdivision (a)(1) of this section shall be provided by the physician ordering the tests to the affected healthcare provider's physician or the employee's physician and to the physician of the individual who was tested.
(b)
(1)
Notwithstanding any other law to the contrary, a person who performs a test under subsection (a) of this section shall not be subject to civil or criminal liability for doing so.
(2)
Notwithstanding any other law to the contrary, a person who discloses a test result in accordance with the provisions of subsection (a) of this section shall not be subject to civil or criminal liability.
Amended by Act 2019, No. 253,§ 2, eff. 7/24/2019.
Acts 2009, No. 1185, § 1; 2011, No. 1121, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 16 - COMMUNITY PARAMEDICS (§§ 20-13-1601 — 20-13-1603) › Section 20-13-1601 - Definition

As used in this subchapter, "community paramedic" means an individual who:
(1)
Is licensed as a paramedic;
(2)
Meets the requirements for additional licensure as a community paramedic under this subchapter; and
(3)
Provides services to:
(A)
Discharged inpatients who have been screened for home health or hospice and either:
(i)
Do not qualify for home health or hospice services; or
(ii)
Are documented as having declined home health or hospice services;
(B)
Discharged emergency department patients; and
(C)
Prehospital patients.
Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 16 - COMMUNITY PARAMEDICS (§§ 20-13-1601 — 20-13-1603) › Section 20-13-1602 - Community paramedics - Licensure - Services

(a)
To be eligible for licensure by the Department of Health under the Division of Emergency Medical Services as a community paramedic, an individual shall:
(1)
Be currently licensed as a paramedic;
(2)
Have two (2) years of full-time service as a paramedic;
(3)
Be actively employed by a licensed paramedic ambulance service; and
(4)
Have successfully completed a community paramedic training program from an accredited college or university approved by the Department of Health under the Division of Emergency Services.
(b)
The training program for the community paramedic shall consist of a minimum of one hundred sixty (160) hours of classroom and clinical education as follows:
(1)
Clinical experience that is provided under the supervision of a community paramedic service medical director, advanced practice registered nurse, physician assistant, or home health nurse; and
(2)
Areas of clinical experience, including at a minimum:
(A)
Social determinants of health;
(B)
Home health services;
(C)
Hospital case management; and
(D)
Public health agencies services.
(c)
A community paramedic may provide services as directed by a patient care plan after the plan has been developed or approved, or both, by the patient's physician in conjunction with the community paramedic service's medical director.
(d)
An individual is an eligible patient for community paramedic services if the individual has been identified by the individual's treating physician as an individual for whom community paramedic services would likely:
(1)
Prevent admission to or allow discharge from a nursing facility; or
(2)
Prevent readmission to a hospital or nursing home.
(e)
Community paramedic services are limited to:
(1)
Coordination of community services;
(2)
Chronic disease monitoring and education;
(3)
Health assessment;
(4)
Hospital discharge follow-up care;
(5)
Laboratory specimen collection; and
(6)
Medication compliance.
(f)
For purposes of relicensure, a community paramedic shall:
(1)
Complete an additional fifteen (15) hours of training beyond the relicensure requirements as a paramedic; and
(2)
Be active in performing the skills of a community paramedic.
Amended by Act 2023, No. 54,§ 1, eff. 8/1/2023.
Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 16 - COMMUNITY PARAMEDICS (§§ 20-13-1601 — 20-13-1603) › Section 20-13-1603 - Rules

(a)
The Emergency Medical Services Advisory Council and the State Board of Health shall adopt rules to implement this subchapter.
(b)
The rules shall consider quality assurance and adequate data collection to evaluate the utilization and effectiveness of the community paramedic licensure program.
Amended by Act 2017, No. 264,§ 2, eff. 8/1/2017.
Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 17 - JOSHUA ASHLEY - PAULEY ACT (§§ 20-13-1701 — 20-13-1705) › Section 20-13-1701 - Title

This subchapter shall be known and may be cited as the "Joshua Ashley-Pauley Act".
Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 17 - JOSHUA ASHLEY - PAULEY ACT (§§ 20-13-1701 — 20-13-1705) › Section 20-13-1702 - Legislative findings

The General Assembly finds that:
(1)
In the United States, drug overdose death rates more than tripled since 1990;
(2)
Every day in the United States, one hundred twenty (120) people die as a result of a drug overdose while another six thousand seven hundred forty-eight (6,748) are treated in emergency departments for the misuse or abuse of drugs;
(3)
Joshua Ashley-Pauley of Faulkner County died of a drug overdose in May 2014;
(4)
Drug overdoses were the leading cause of death in 2012, with drug overdoses causing more deaths among people between twenty-five (25) years of age and sixty-four (64) years of age than motor vehicle traffic crashes;
(5)
Overdose reporting legislation, medical amnesty legislation, or 911 Good Samaritan laws have been enacted in fourteen (14) states, including Louisiana, Oklahoma, and Tennessee, and are under consideration in several other states;
(6)
In North Carolina, it is believed that at least twenty (20) lives have been saved since passage of similar legislation; and
(7)
The State of Arkansas must take steps to combat the increase of drug overdoses in the state and protect the health and safety of its citizens.
Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 17 - JOSHUA ASHLEY - PAULEY ACT (§§ 20-13-1701 — 20-13-1705) › Section 20-13-1703 - Definitions

As used in this subchapter:
(1)
"Drug overdose" means an acute condition resulting from, or that a reasonable person would believe to be resulting from, the consumption or use of alcohol, a controlled substance, or dangerous drug or a combination of alcohol, controlled substance, or dangerous drug by an individual, causing signs, including without limitation:
(A)
Extreme physical illness;
(B)
Decreased level of consciousness;
(C)
Respiratory depression;
(D)
Coma;
(E)
Mania; or
(F)
Death;
(2)
"Emergency medical services" means:
(A)
The transportation and medical care provided the ill or injured by licensed emergency medical services personnel or other healthcare providers before arrival at a medical facility; and
(B)
Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;
(3)
"Medical assistance" means aid provided to a person experiencing or believed to be experiencing a drug overdose by a healthcare provider acting within its scope of practice that may provide diagnosis, treatment, or emergency medical services relative to the drug overdose; and
(4)
"Seeks medical assistance" means accesses or assists in accessing the 911 system or otherwise contacts or assists in contacting law enforcement or a poison control center and provides care to a person experiencing or believed to be experiencing a drug overdose.
Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 17 - JOSHUA ASHLEY - PAULEY ACT (§§ 20-13-1701 — 20-13-1705) › Section 20-13-1704 - Immunity for seeking medical assistance

(a)
A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of §
5-64-419
if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of §
5-64-419
resulted solely from seeking medical assistance if:
(1)
The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or
(2)
The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.
(b)
A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole or post-release supervision based on the possession of a controlled substance in violation of §
5-64-419
if the penalties or sanctions are related to the seeking of medical assistance.
Amended by Act 2023, No. 659,§ 242, eff. 1/1/2024.
Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 17 - JOSHUA ASHLEY - PAULEY ACT (§§ 20-13-1701 — 20-13-1705) › Section 20-13-1705 - Construction

This subchapter does not limit:
(1)
The admissibility of any evidence:
(A)
In connection with the investigation or prosecution of a crime with regard to a person who does not meet the requirements of §
20-13-1704
; or
(B)
With regard to other crimes committed by a person who meets the requirements of §
20-13-1704
;
(2)
Any seizure of evidence or contraband otherwise permitted by law; or
(3)
The authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in §
20-13-1704
.
Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805) › Subchapter 18 - NALOXONE ACCESS ACT (§§ 20-13-1801 — 20-13-1805) › Section 20-13-1801 - Title

This subchapter shall be known and may be cited as the "Naloxone Access Act".
Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.