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REFERENCE TITLE: informed consent; vaccinations |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1115 |
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Introduced by Senator Boyer: Representative Barto
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AN ACT
Amending Title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3226; amending sections 36‑672 and 36‑673, Arizona Revised Statutes; relating to immunizations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3226, to read:
32-3226. Informed consent; vaccines
A health professional who administers vaccines must provide all of the following information to the patient or, if the patient is a minor, the patient's parent or legal guardian or person in loco parentis of the minor before administering a vaccine:
1. The benefits and risks of each vaccine.
2. The vaccine manufacturer's product insert.
3. The centers for disease control and prevention's vaccine excipient and media summary.
4. How to report a vaccine‑adverse event.
Sec. 2. Section 36-672, Arizona Revised Statutes, is amended to read:
36-672. Immunizations; department rules; required information
A. Consistent with section 15‑873, the director shall adopt rules prescribing required immunizations for school attendance, the approved means of immunization and indicated reinforcing immunizations for diseases, and identifying types of health agencies and health care providers which that may sign a laboratory evidence of immunity. The rules shall include the required doses, recommended optimum ages for administration of the immunizations, persons who are authorized representatives to sign on behalf of a health agency and other provisions necessary to implement this article.
B. The director, in consultation with the superintendent of public instruction, shall develop by rule standards for documentary proof.
C. Any informational or educational materials the department develops or provides to parents and guardians shall include all of the information required to be provided for informed consent pursuant to section 32‑3226.
C. D. Immunization against the human papillomavirus is not required for school attendance.
Sec. 3. Section 36-673, Arizona Revised Statutes, is amended to read:
36-673. Duties of local health departments; immunization; reimbursement; training; informed consent
A. A local health department in cooperation with each school within the county shall provide for the required immunization of pupils attending school.
B. A local health department shall provide immunizations required for school attendance at no cost to the pupil or pupil's parent, guardian or person in loco parentis. In order to receive reimbursement for the cost of the immunization from the pupil's or parent's private health insurance coverage, the local health department may enter into a contract governing the terms of reimbursement and claims with the corresponding private health care insurer. The local health department may enter into a contract with a private health care insurer on its own, in conjunction with other local health departments or through a qualified intermediary. If the local health department chooses not to contract with a private health care insurer, or does not respond to the request to contract from a private health care insurer within ninety days of after the request, the insurer is not required to reimburse the local health department for the immunization. If a private health care insurer declines or does not respond to a request to contract with a local health department, with a coalition of other local health departments or through a qualified intermediary within ninety days of after the request to contract, the private health care insurer must reimburse the local health department at the rate paid to an in‑network provider.
C. A local health department, on request by a school nurse and approval by the school administrator, shall train and authorize the school nurse to administer required immunizations.
D. A pupil shall may not be immunized without the informed consent of the parent, guardian or person in loco parentis of the pupil as provided in section 32‑3226. A pupil who is at least eighteen years of age or is emancipated may consent to immunization.