Is EMS considered an actor of the State? I dont think so, but just checking.

About 12 years ago when I was slumming as a defense attorney, we had a suppression hearing on statements made by my client (i.e. "I was driving"--DWI accident case) to EMS who also happened to be law enforcement in his other job. The judge suppressed the statements finding there was no corroboration. Case kicked.

I agree it may not always be cut and dried. I've had EMS tell DWI suspects that they were under arrest and it's difficult to argue that the defendant would have felt free to leave when some person in uniform that works for a government agency tells them they are not!

In general, though, statements made to them in the course of medical treatment should come in. I guess it depends on your facts.

99 S.W.3d 767; Wilson v. State

This is case in which nurses at a county hospital were found to be government actors. As for the EMTs, it may boil down to how they are actually employed.

What about that CCA case looking at CPS? IIRC, that case focused on what the CPS employee was doing, not just their status as a CPS employee.