HB 1238

HOUSE BILL 26-1238
BY REPRESENTATIVE(S) Johnson and Lukens, Barron, Bradfield,
Bradley, Clifford, Feret, Garcia Sander, Lieder, Martinez, Mauro,
McCluskie, Nguyen, Richardson, Soper, Suckla, Taggart, Velasco,
WinterT., Bacon, Boesenecker, Brown, Caldwell, Duran, Flanell, Froelich,
Garcia, GonzalezR., Hamrick, Jackson, Keltie, Lindsay, Mabrey, Marshall,
McCormick, Paschal, Rutinel, Rydin, Smith, Stewart K., Story, Titone,
Weinberg;
also SENATOR(S) Baisley and Lindstedt, Frizell, Pelton R., Rich, Roberts,
Amabile, Carson, Daugherty, Exum, Jodeh, Kipp, Liston, Marchman,
Coleman.
CONCERNING EMERGENCY MEDICAL SERVICES PROVIDED IN THE STATE, AND,
         IN CONNECTION THEREWITH, DESIGNATING EMERGENCY MEDICAL
         SERVICES, INCLUDING AMBULANCE SERVICES AND AIR AMBULANCE
         SERVICES, TO BE ESSENTIAL SERVICES.
Be it enacted by the General Assembly of the State of Colorado:
        SECTION 1. Legislative declaration. (1) The general assembly
finds that:
         (a) The state of Colorado recognizes the critical and essential role
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
that emergency medical service providers play in safeguarding the health
and safety of our communities;
       (b) These dedicated professionals serve as first responders during
medical crises, delivering immediate and often lifesaving care to people in
dire need; and
       ( c) Emergency medical service providers encompass a diverse range
of highly trained and skilled medical personnel, including paramedics,
emergency medical technicians, and other specialized medical responders.
       (2) The general assembly therefore declares that:
     (a) The provision of emergency medical services constitutes a vital
component of the health-care system in the state; and
        (b) Our health-care system is multifaceted, and emergency medical
services play a crucial role in the system and provide an essential service in
the state.
       SECTION 2. In Colorado Revised Statutes, 25-3.5-102, add (5)
and (6) as follows:
       25-3.5-102. Legislative declaration.
       (5) (a) THE GENERAL ASSEMBLY FURTHER FINDS THAT:
       (I) THE PROVISION OF EMERGENCY MEDICAL SERVICES, INCLUDING
AMBULANCE SERVICES AND AIR AMBULANCE SERVICES, IS ESSENTIAL TO THE
PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE PEOPLE
OF THE STATE OF COLORADO;
       (II)     ACCESS TO TIMELY AND APPROPRIATE MEDICAL CARE IN
OUT-OF-HOSPITAL SERVICES IS A CRITICAL COMPONENT OF THE STATE'S
HEALTH-CARE INFRASTRUCTURE, PARTICULARLY IN RURAL AND FRONTIER
AREAS OF THE STATE IN WHICH HOSPITALS AND OTHER HEALTH-CARE
RESOURCES MAY BE LIMITED; AND
       (III)   EMERGENCY MEDICAL SERVICES FUNCTION AS AN INTEGRAL
PART   OF      THE   CONTINUUM   OF   CARE   BY   BRIDGING     PREHOSPITAL,
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INTERFACILITY, AND COMMUNITY-BASED HEALTH-CARE DELIVERY.
      (b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT:
      (I)   IT IS NECESSARY TO RECOGNIZE AND SUPPORT EMERGENCY
MEDICAL SERVICES AS AN ESSENTIAL SERVICE IN THE STATE OF COLORADO
AND TO ENSURE THAT EACH RESIDENT OF AND VISITOR TO THE STATE HAS
ACCESS TO EMERGENCY MEDICAL SERVICES;
      (11) AS ESSENTIAL HEALTH-CARE PROVIDERS AND FIRST RESPONDERS,
EMERGENCY MEDICAL SERVICE PROVIDERS ARE EXPECTED TO RESPOND
DURING A DECLARED DISASTER, PRESCRIBED CLOSURE, CRISIS,  OR
EMERGENCY;AND
      (III) IT IS THE POLICY OF THE STATE OF COLORADO THAT:
      (A)    WHEN IN ACTIVE SERVICE, EMERGENCY MEDICAL SERVICE
PROVIDERS ARE AUTHORIZED TO TRAVEL UNENCUMBERED UPON THE ROADS
AND HIGHWAYS WITHIN THE STATE; AND
      (B) AT ANY TIME OR PLACE IN WHICH EMERGENCY MEDICAL SERVICE
PROVIDERS ARE CALLED TO RESPOND, THEIR PERFORMANCE OF EMERGENCY
MEDICAL SERVICES FALLS WITHIN THE DUTIES AND CLASSIFIED DEMANDS OF
THEIR JOBS AND THE REGULAR USAGE AND WEAR OF THEIR VEHICLES AND
EQUIPMENT.
      (6)   THE GENERAL ASSEMBLY RECOGNIZES AND DECLARES THAT
EMERGENCY MEDICAL SERVICES ARE ESSENTIAL. WHEN ACTING ON DUTY OR
RESPONDING AS A VOLUNTEER, EMERGENCY MEDICAL SERVICE PROVIDERS,
INCLUDING    PROVIDERS   OF   EMERGENCY      AMBULANCE      SERVICE    AND
NONEMERGENCY AMBULANCE SERVICE, ARE RECOGNIZED AS PROVIDING
ESSENTIAL SERVICES REGARDLESS OF LOCATION.
        SECTION 3. In Colorado Revised Statutes, 25-3.5-103, amend
(1.3), (3), (9), and (10.3); and add (7.2), (8.9), and (9.2) as follows:
      25-3.5-103. Definitions.
      As used in this article 3.5, unless the context otherwise requires:
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       (1.3) "Air ambulance service" means any A public or private entity
that uses an air ambulance to transport patients to a medical facility AND
INCLUDES THE PROVISION OF EMERGENCY AMBULANCE SERVICE AND
NONEMERGENCY AMBULANCE SERVICE.
       (3) (a) "Ambulance service" means the furnishing, operating,
conducting, maintaining, advertising, or otherwise engaging in or professing
to be engaged in the transportation of patients by ambulance AND INCLUDES
THE PROVISION OF EMERGENCY AMBULANCE SERVICE AND NONEMERGENCY
AMBULANCE SERVICE.
      (b) Taken in context, it "AMBULANCE SERVICE" also means the
person so engaged PROVIDING or professing to be so engaged PROVIDING
AMBULANCE SERVICE.
       (c) The person so engaged PROVIDING and the vehicles used for the
emergency transportation of persons INDIVIDUALS injured at a mine are
excluded from this definition when the personnel utilized in the operation
of said THE vehicles are subject to the mandatory safety standards of the
federal mine safety and health administration, or its successor agency.
       (7.2) "EMERGENCY AMBULANCE SERVICE" MEANS AN IMMEDIATE
AMBULANCE OR AIR AMBULANCE RESPONSE AT THE TIME AMBULANCE
SERVICE OR AIR AMBULANCE SERVICE IS REQUESTED THAT RESULTS IN THE
ASSESSMENT, TREATMENT, OR TRANSPORT OF A PATIENT BY AN AMBULANCE
OR AIR AMBULANCE.
       (8.9)  "NONEMERGENCY AMBULANCE SERVICE" MEANS THE
TRANSPORT OF A PATIENT BY AN AMBULANCEORAIRAMBULANCEANDTHAT
INCLUDES THE PROVISION OF MEDICALLY NECESSARY SUPPLIES AND
SERVICES AND MEETS THE MEDICAL NECESSITY REQUIREMENTS UNDER 42
CFR410.40 (e), AS THAT SECTION EXISTED ON JULY 1, 2025.
      (9) "Patient" means an, individual who is sick, injmed, or other wise
ineapaeitated OI helpless "OUT-OF-HOSPITAL SERVICES" MEANS FURNISHING
ANYNECESSARYGOODSANDSERVICESOUTSIDEOFAHOSPITALSETTINGFOR
THE PURPOSE OF PREVENTING, ALLEVIATING, CURING, OR HEALING HUMAN
ILLNESS, A PHYSICAL DISABILITY, A PHYSICAL INJURY, OR A SUBSTANCE USE
DISORDER WHILE RESPONDING TO AN EMERGENCY OR OTHER HEALTH-CARE
CONDITION. "OUT-OF-HOSPITAL SERVICES" DOES NOTINCLUDEPREHOSPITAL
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SETTING TRANSPORTS.
       (9.2) "PATIENT" MEANS AN INDIVIDUAL WHO IS SICK, INJURED, OR
OTHERWISE INCAPACITATED OR HELPLESS.
        (10.3) "Prehospital setting" means one of the following settings in
which an emergency medical service provider performs patient care, which
care is subject to medical direction by a medical director:
       (a) At the site of an emergency;
       (b) During emergency transport; or
       (c) During interfacility transport; OR
       (d) WHILE PROVIDING OUT-OF-HOSPITAL SERVICES.
       SECTION 4. In Colorado Revised Statutes, 25-3.5-203, add (6) as
follows:
       25-3.5-203. Emergency medical service providers - licensure -
renewal of license - duties of department - rules - record checks -
definitions.
       (6) NOTWITHSTANDING ANY OTHER PROVJSION OF LAW, NOTHING IN
THIS ARTICLE 3.5 IMPOSES ON AN EMERGENCY MEDICAL SERVICE PROVIDER
AN OBLIGATION TO RESPOND TO THE SCENE OF A MEDICAL EMERGENCY OR
TO PROVIDE EMERGENCY MEDICAL SERVICES WHEN THE EMERGENCY
MEDICAL SERVICE PROVIDER IS OFF DUTY.
       SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 5-HOUSE BILL 26-1238
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
.Ju~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~
Vanessa Reilly    ~
                       ~
CHIEF CLERK OF THE HOUSE
                                           w~  Esther van Mourik
                                                            SECRETARY OF
OF REPRESENTATIVES  THE SENATE
                  Jared  ..,-;
                  GOVE  TATE OF COLORADO
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