ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session

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HB 2316: federal government; mandatory vaccinations; prohibition

S/E: vaccinations; discriminatory practices; prohibitions

Sponsor: Representative Jones, LD 17

Committee on Health & Human Services

Summary of the Strike-Everything Amendment to HB 2316

Overview

Outlines unlawful discriminatory practices relating to vaccines, vaccination status and immunity passports.

History

A.R.S. § 36-685 prohibits any government entity from requiring an Arizona resident to receive a vaccination for COVID-19 or any variant of COVID-19. Currently, this prohibition does not apply to health care institutions that are owned or operated by a government entity in Arizona. Government entity means this state and any political subdivision of this state that receives and uses tax revenues.

Health care institutions are defined as every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical, nursing, behavioral health, health screening, supervisory care, personal care, directed care or any other health-related services, including home health agencies, outdoor behavioral health care programs and hospice service agencies (A.R.S. § 36-401).

Provisions

1. Mandates that it is an unlawful discriminatory practice for:

a) any government entity to refuse, withhold from or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational or employment opportunities or health care access based on the person's vaccination status or whether the person has an immunity passport;

b) an employer to refuse or bar a person from employment or to discriminate against a person in compensation or in a term, condition or privilege of employment based on the person's vaccination status or whether the person has an immunity passport; and

c) a public accommodation to exclude, limit, segregate, refuse to serve or otherwise discriminate against a person based on the person's vaccination status or whether the person has an immunity passport. (Sec. 1)

2. Specifies that a person, government entity or an employer does not unlawfully discriminate if they recommend that an employee receive a vaccine. (Sec. 1)

3. States that a person may not be required to receive any vaccine for which a United States Food and Drug Administration emergency use authorization has been issued or any vaccine undergoing safety trials. (Sec. 1)

4. Specifies that these requirements do not apply to:

a) health care institutions as defined in statute; and

b) immunization requirements for school attendance or childcare facilities. (Sec. 1)

5. Defines the following terms:

a) employer;

b) immunity passport; and

c) vaccination status. (Sec. 1)

6. Contains a legislative purpose statement. (Sec. 2)

7. Makes technical and conforming changes. (Sec. 1)

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                                                                        HB 2316

Initials AG/KM                                              Page 0   Health & Human Services

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