Colo. law recognizing EMS as an “essential service” goes into effect
Stakeholders should be cautious when using the term “Essential Service” designation.
Designation of emergency medical services (EMS) as an “essential service” is important because it recognizes a basic public policy reality: communities depend on EMS for immediate access to lifesaving medical care, just as they depend on other core public-safety services. But the term essential service can mean very different things in state law, and that distinction is critical when evaluating the practical value of an essential-service designation.
The CO passed legislation is essentially a proclamation that the legislature appreciates EMS. Like the majority of other states that ‘state’ EMS is an essential service, it DOES NOT require local jurisdictions to assure EMS IS provided in their jurisdiction.
A recent review of state “EMS Essential Service” laws by PWW Advisory Group (PWW|AG) reveals that many states have enacted statutes or resolutions recognizing EMS as “essential,” “vital,” or important to public health and safety without actually imposing an obligation on local government to ensure that EMS is available or financially sustainable. For example, Alabama declares EMS to be an essential public service performed for a public purpose, while Colorado describes EMS as an essential service and an integral part of the state’s healthcare infrastructure. Neither, however, requires local jurisdictions to provide or fund EMS. Similarly, Maine recognizes EMS as essential to a well-functioning health system, and Nebraska calls EMS an essential healthcare service that can mean the difference between life and death or permanent disability, but neither designation creates a local obligation to provide or fund the service.
Of the 22 states that have passed ‘essential service’ designation for EMS, only 7 (HI, NC, PA, SC, TN, UT and WV) require that jurisdiction assure EMS is provided in their jurisdiction.
For example, here’s the language in the TN “Essential Service” legislation:
“(a) Ambulance service is hereby designated as an essential service in the state of Tennessee. (b) All county governing bodies are authorized and directed to make provisions to ensure that at least one (1) licensed ambulance service is available within their county. This may be provided as a county service, but can also be accomplished through other means, including, but not limited to: providing a license or franchise to a private company; contracting with a public, private, or nonprofit entity for the service; entering into an interlocal agreement with one (1) or more local governments; or entering into an agreement with a hospital or other healthcare facility. A county is not required to appropriate county revenues for ambulance service if the service can be provided by any other means.”
Click here for an updated chart, with source links, to a summary of “EMS as an Essential Service” legislation.
Colo. law recognizing EMS as an essential service goes into effect
HB 26-1238 covers ambulance and air ambulance services while clarifying that off-duty EMS providers are not required to respond
August 14, 2026
https://www.ems1.com/legal/colo-law-recognizing-ems-as-an-essential-service-goes-into-effect