PREFILED JAN 08 2025
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REFERENCE TITLE: immunizations; requirements; exemption |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2055 |
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Introduced by Representatives Fink: Heap, Powell, Way
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AN ACT
Amending title 36, chapter 6, article 4.1, Arizona Revised Statutes, by adding section 36-675; relating to immunizations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 36, chapter 6, article 4.1, Arizona Revised Statutes, is changed from "SCHOOL IMMUNIZATION" to "IMMUNIZATIONS".
Sec. 2. Title 36, chapter 6, article 4.1, Arizona Revised Statutes, is amended by adding section 36-675, to read:
36-675. Required immunizations; exemption; criteria
A. Notwithstanding any other law, a person who is required to receive an immunization for any purpose, including as a condition of employment, school attendance or obtaining any license, certification or degree, may claim an exemption from the immunization requirement if there is not a vaccine available to fulfill the requirement that meets all of the following criteria:
1. The vaccine has been approved by the United States food and drug administration.
2. The vaccine has been evaluated for its long-term potential to cause cancer, impair fertility and mutate genes.
3. The pivotal clinical trial on which the United States food and drug administration relied for approval of the vaccine evaluated the vaccine's safety for at least two years after the vaccine was administered against a control group that received either:
(a) A placebo.
(b) Another approved vaccine that was licensed based on a pivotal clinical trial that evaluated the safety of that vaccine against a control group that received a placebo.
4. The department posts on its website any known injuries or diseases caused by the vaccine and the rate at which the injury or disease occurs from the vaccine.
5. The studies have been conducted that are necessary to determine any injury or disease that the vaccine may cause when administered alone or with another state-mandated vaccine.
6. The risk of permanent disability or death from the vaccine has been proven to be less than that caused by the infection it is intended to prevent.
7. The vaccine's manufacturer has liability for design defect claims for any injury caused by the vaccine.
B. A person may claim the exemption in subsection A of this section on the person's own behalf or on behalf of the person's child or dependent. The department or any other state agency, board or commission may not require the person to meet any other condition or requirement to claim the exemption.