• *BPG078*


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  • FileName: HB1003.pdf [preview-online]
    • Abstract: municipal fire departments, motor vehicles owned and used by volunteer fire ... fighters while engaged in official duties, motor vehicles used by emergency ...

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Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
1 State of Arkansas
2 87th General Assembly A Bill
3 Regular Session, 2009 HOUSE BILL 1003
4
5 By: Representative King
6
7
8 For An Act To Be Entitled
9 AN ACT TO PROVIDE FOR THE INCLUSION OF
10 PHYSICIANS, NURSES, AND OTHER MEDICAL PERSONNEL
11 IN THAT CLASSIFICATION OF MEDICAL PERSONNEL WHO
12 CAN USE EMERGENCY FLASHING LIGHTS ON THEIR
13 VEHICLES IN EMERGENCY SITUATIONS; AND FOR OTHER
14 PURPOSES.
15
16 Subtitle
17 AN ACT TO PROVIDE FOR THE INCLUSION OF
18 PHYSICIANS, NURSES, AND OTHER MEDICAL
19 PERSONNEL IN THAT CLASSIFICATION OF
20 MEDICAL PERSONNEL WHO CAN USE EMERGENCY
21 FLASHING LIGHTS ON THEIR VEHICLES IN
22 EMERGENCY SITUATIONS.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code § 20-13-202, concerning emergency physicians
28 or nurses, is amended to read as follows:
29 20-13-202. Definitions.
30 As used in this subchapter:
31 (1) “Air ambulance” means an aircraft, fixed or rotary wing, utilized
32 for on-scene responses or transports deemed necessary by a physician and
33 licensed by the Division of Health of the Department of Health and Human
34 Services;
35 (2) “Air ambulance services” means those services authorized and
36 licensed by the division to provide care and air transportation of patients;
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HB1003
1 (3) “Ambulance” means a vehicle used for transporting any person by
2 stretcher or gurney upon the streets or highways of Arkansas, excluding
3 vehicles intended solely for personal use by immediate family members;
4 (4) “Ambulance services” means those services authorized and licensed
5 by the division to provide care and transportation of patients upon the
6 streets and highways of Arkansas;
7 (5) “Board” means the State Board of Health;
8 (6) “Certification” means official acknowledgment by the division that
9 an individual has demonstrated competence to perform the emergency medical
10 services required for certification, as provided in the rules, regulations,
11 and standards adopted by the board upon recommendation by the Emergency
12 Medical Services Advisory Council;
13 (7) “Council” means the Emergency Medical Services Advisory Council;
14 (8) “Division” means the Division of Health of the Department of
15 Health and Human Services;
16 (9) “Emergency medical services” means:
17 (A) The transportation and medical care provided the ill or
18 injured prior to arrival at a medical facility by a certified emergency
19 medical technician or other health care provider; and
20 (B) Continuation of the initial emergency care within a medical
21 facility subject to the approval of the medical staff and governing board of
22 that facility;
23 (10) “Emergency medical technician” means an individual certified by
24 the division department at any level established by the rules and regulations
25 promulgated by the board, as authorized in this subchapter, and authorized to
26 perform those services set forth therein. These shall include, but not be
27 limited to: “EMT”, “EMT-A”, “EMT-Instructor”, “EMT-Paramedic”, and “EMS-
28 Communications”; and
29 (11) “Emergency physician or emergency nurse” means a physician
30 currently licensed by the Arkansas State Medical Board or a nurse currently
31 licensed by the Arkansas State Board of Nursing; and
32 (11)(12) “Medical facility” means any hospital, medical clinic,
33 physician's office, nursing home, or other health care facility.
34
35 SECTION 2. Arkansas Code § 27-36-304(b), concerning emergency lights,
36 is amended to read as follows:
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1 (b) Emergency medical technicians certified by the Department of
2 Health and an emergency physician or emergency nurse as defined in § 20-13-
3 202(11) may install, maintain, and exhibit red rotating or flashing emergency
4 lights upon a vehicle when responding to an emergency.
5
6 SECTION 3. Arkansas Code Title 27-49-219(d)(1), concerning emergency
7 vehicles, is amended to read as follows:
8 (d)(1) “Authorized emergency vehicle” means authorized emergency
9 vehicles which shall include:
10 (A) Motor vehicles used by state, county, or city and
11 municipal police agencies, all of which shall be equipped with:
12 (i) Blue; or
13 (ii) Blue, red, or white rotating or flashing
14 emergency lights;
15 (B) Motor vehicles used by state, county, city, or
16 municipal fire departments, motor vehicles owned and used by volunteer fire
17 fighters while engaged in official duties, motor vehicles used by emergency
18 medical technicians certified by the Department of Health or privately owned
19 fire departments, and ambulances used solely for ambulance purposes which are
20 approved as ambulances in accordance with state and federal highway safety
21 standards, all of which shall be equipped with red rotating or flashing
22 emergency lights. Flashing emergency lights shall be used by volunteer fire
23 fighters solely while engaged in the performance of duties as volunteer fire
24 fighters and by emergency medical technicians solely while engaged in the
25 performance of duties with an ambulance service licensed by the department or
26 an organized rescue squad or team;
27 (C) Motor vehicles owned by state, county, and municipal
28 agencies whose use is determined by the state agency to be required for
29 dangerous or hazardous services and motor vehicles owned by public service
30 corporations or private individuals whose use is determined by the
31 Commissioner of Motor Vehicles, in accordance with regulations established by
32 the commissioner to prevent abuses thereof, to be for extra hazardous
33 service, may be equipped with amber flashing or rotating emergency or warning
34 lights which shall not qualify them as emergency vehicles, but which shall,
35 during hazardous uses thereof, display their amber flashing or rotating
36 emergency or warning lights in order that other motorists and the public may
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1 be aware of the special or hazardous use of the vehicles and shall exercise
2 caution in approaching the vehicles at all times while the amber flashing or
3 rotating emergency or warning lights are in operation. All hazardous service
4 vehicles shall conform to regular traffic signals and speed limits during
5 their operation; and
6 (D)(i) Motor vehicles utilized as wreckers or tow vehicles
7 permitted or licensed under § 27-50-1203 may be equipped with amber flashing
8 or rotating emergency or warning lights that shall not qualify them as
9 emergency vehicles, but which shall, only during hazardous uses thereof,
10 display their amber flashing or rotating emergency or warning lights in order
11 that other motorists and the public may be aware of the special or hazardous
12 use of the wreckers or tow vehicles and exercise caution in approaching the
13 wreckers or tow vehicles at all times while the amber flashing or rotating
14 emergency or warning lights are in operation. Unless otherwise directed by a
15 law enforcement officer, a wrecker or tow vehicle shall conform to regular
16 signals and speed limits during its operation. In addition to amber flashing
17 or rotating emergency or warning lights, wreckers or tow vehicles that
18 respond to highway emergencies may be equipped with red flashing or rotating
19 emergency or warning lights.
20 (ii) Red flashing or rotating emergency or warning
21 lights on a wrecker or tow vehicle shall be operated only while the wrecker
22 or tow vehicle is stopped on or within ten feet (10') of a public way and
23 engaged in recovery or loading and hooking up an abandoned, an unattended, a
24 disabled, or a wrecked vehicle. A wrecker or tow vehicle shall not operate
25 forward-facing red flashing or rotating emergency or warning lights while
26 underway, except as may be expressly authorized or required by law otherwise.
27 (2) It shall be unlawful to install, operate, or use any
28 rotating or flashing light on any motor vehicle except as authorized in this
29 subsection.
30 (E) As set out in § 27-36-304(b), a motor vehicle used or
31 owned by a physician currently licensed by the Arkansas State Medical Board
32 and a motor vehicle used or owned by a nurse currently licensed by the
33 Arkansas State Board of Nursing may be equipped with red rotating or flashing
34 emergency lights to be used while en route to an emergency situation.
35
36
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