ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: HHS DP 5-4-0-0

HB 2474: school immunizations; exclusions

Sponsor: Representative Montenegro, LD 29

Caucus & COW

Overview

States that immunizations for which a U.S. Food and Drug Administration (FDA) emergency use authorization has been issued are not required for school attendance.

History

The Director of the Arizona Department of Health Services (DHS) adopts rules including: 1) prescribing required immunizations for school attendance; 2) approving means of immunization and indicating reinforcing immunizations for diseases; and 3) identifying types of health agencies and health care providers which may sign a laboratory evidence of immunity.

Additionally, these rules must include: 1) required doses; 2) recommended optimum ages for administration of immunizations; 3) persons authorized to sign on behalf of a health agency; and 4) other necessary rules. The Director of DHS, in consultation with the Superintendent of Public Instruction, must develop standards for documentary proof. Currently, immunization against the human papillomavirus, COVID-19 or any variant of COVID-19 is not required for school attendance (A.R.S. § 36-672).

The Federal Food, Drug and Cosmetic Act (FD&C Act) permits the FDA to authorize the use of a drug, device or biological product in emergency situations. Before an emergency use authorization can occur, the U.S. Secretary of Health and Human Services must declare that circumstances exist justifying the authorization based on certain grounds as prescribed by the FD&C Act (21 U.S.C. 360bbb-3).

Provisions

1. Adds that an immunization for which an FDA emergency use authorization has been issued is not required for school attendance. (Sec. 1)

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5. HB 2474

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