2015 Arkansas Code
Title 14 - Local Government
Subtitle 16 - Public Health And Welfare Generally
Chapter 266 - Municipal Ambulance Licensing
§ 14-266-105 - Grant of authority.

(a) Cities of the first class and cities of the second class are authorized:

(1) (A) To enact and establish standards, rules, and regulations that are equal to or greater than those established by the state concerning emergency medical services, as defined in this chapter, and emergency medical services personnel, emergency and nonemergency ambulances, and ambulance companies, as defined under §§ 20-13-201 -- 20-13-209 and 20-13-211.

(B) However, the standards, rules, and regulations shall not be less than those established by this state;

(2) To establish, own, operate, regulate, control, manage, permit, franchise, license, and contract with, exclusively or otherwise, emergency medical services, ambulances, ambulance companies, and their relative properties, facilities, equipment, personnel, and any aspects attendant to emergency medical services and ambulance operations, whether municipally owned or otherwise, including without limitation:

(A) Rates;

(B) Fees;

(C) Charges; and

(D) Other assessments the cities consider proper to provide for the health, safety, and welfare of their citizens;

(3) To establish an Emergency Medical Health Care Facilities Board, hereinafter called "Emergency Medical Services Board" or "EMS Board", under the Public Facilities Boards Act, § 14-137-101 et seq., and to exercise all the powers conferred in this chapter and the power conferred under the Public Facilities Boards Act, § 14-137-101 et seq., either alone or in conjunction with the EMS Board;

(4) To provide emergency medical services to its residents and to the residents of the county, surrounding counties, and municipalities within those counties, but only if the governing bodies of the counties and municipalities request and authorize the service under § 14-14-101, §§ 14-14-103 -- 14-14-110 or the Interlocal Cooperation Act, § 25-20-101 et seq.;

(5) (A) To regulate all intracity patient transports, all intercity patient transports, and all intracounty patient transports originating from within the regulating city. However, this chapter shall not restrict or allow local regulation of ambulances owned and operated by a licensed hospital for their own admitted patients, except as provided in subdivisions (a)(5)(B) and (D) of this section;

(B) (i) To regulate patient transports, by the patient's choice of either the emergency medical service provided by the regulating city or the emergency medical service that is owned and operated by the licensed hospital for their own admitted patients, to the regulating city originating from a medical facility outside the regulating city or cooperative governmental unit.

(ii) If the medical facility does not operate an emergency medical service and the patient has chosen to be transported by the medical facility, then the patient shall be transported by the emergency medical service provided by the city in which the medical facility is located;

(C) To regulate patient transports originating from within the regulating city by emergency medical service providers with an existing special purpose license issued by the Department of Health on July 31, 2009; and

(D) To regulate patient transports authorized by the regulating city's franchised emergency medical service provider if the provider has entered into a mutual aid agreement with a third-party ambulance service, including without limitation a hospital-owned ambulance service to provide patient transports, and if the franchised emergency medical service provider cannot provide patient transports in a timely manner under the franchise agreement.

(b) (1) A city regulating ambulance companies which contracts with private ambulance companies under this chapter shall permit those companies to offer ambulance services outside its boundaries.

(2) A city regulating ambulance services, which municipally owns or operates those services, shall provide ambulance services to those surrounding areas whose governing bodies request and authorize those services but only if mutually agreeable contracts can be reached to provide those services.

(3) All direct and indirect costs of extending those services shall be borne entirely by patient user fees or subsidies provided by the patient, municipality, or county to whom those services are rendered.

(4) In no event shall the city extending ambulance services beyond its boundaries be required in any manner to subsidize or otherwise extend financial support to render those services.

(c) The city shall have the same authority to regulate nonemergency ambulance services.