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Senate Engrossed
refusing treatment; right; requirements. |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SENATE BILL 1393 |
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An Act
amending title 36, chapter 11, Arizona Revised Statutes, by adding article 2; RELATING to health care services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 11, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. RIGHT TO REFUSE TREATMENT
36-1305. Right to refuse treatment; injunctive relief; definitions
A. A hospital may not impose any mode of treatment for COVID-19 or any variant of COVID-19, including vaccination, on a patient who declines the treatment. If a patient refuses a treatment in a hospital for COVID-19 or any variant of COVID-19, the hospital and health care provider shall ensure that the patient is counseled and given information on other treatment options the patient may receive.
B. A health care provider may ask a patient to specify in writing under what circumstances the patient would accept a treatment for COVID-19 or any variant of COVID-19 that the patient has previously declined and shall honor those wishes if the patient cannot later express that the patient has changed his mind. Patients may also provide written or oral direction to the same effect of their own accord.
C. A patient has the right to leave a hospital at any time. If the patient becomes incapacitated, a person authorized to act on the patient's behalf pursuant to section 14-5501 or 36-3221 may exercise this right on the patient's behalf. this subsection does not apply to the ARizona state hospital or to treatment under chapter 5 of this title.
D. For the purposes of this section, a tracking or monitoring device shall be considered to be a mode of treatment for COVID-19 or any variant of COVID-19 whether or not it is directly related to a patient's treatment.
E. A hospital shall notify a patient of the patient's right to leave the hospital and the patient's right to petition a court if the right to leave the hospital is not honored. the patient or the patient's immediate family member may petition the court for the patient's right to leave the hospital. It is not the hospital's responsibility to assist with the petition process.
F. The superior court in each county shall hear claims for a violation of subsection C of this section within forty-eight hours, excluding holidays and weekends, and enter judgment within that time as to whether preliminary injunctive relief should be granted. Preliminary injunctive relief shall be granted if it appears at that time that the patient wishes to leave the hospital.
G. This section does not apply to a minor child.
H. For the purposes of this section:
1. "Health care provider" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse practitioner who is licensed pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25.
2. "Immediate family member" means a patient's spouse, parent, child, sibling, grandparent or legal guardian.
Sec. 2. Legislative intent
The legislature intends that it is the public policy of this state that the right to refuse treatment, including vaccination, is a fundamental right.