First Regular Session H.B. 2190
COMMITTEE ON APPROPRIATIONS
SENATE AMENDMENTS TO H.B. 2190
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
" Section 1. Section 36-787, Arizona Revised Statutes, is amended to read:
36-787. Public health authority during state of emergency or state of war emergency
A. During a state of emergency or state of war emergency declared proclaimed by the governor in which there is an occurrence or imminent threat of an illness or health condition that is caused by bioterrorism, an epidemic or pandemic disease or a highly fatal infectious agent or biological toxin and that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability, the department shall coordinate all matters pertaining to the public health emergency response of the state. The department has primary jurisdiction, responsibility and authority for:
1. Planning and executing public health emergency assessment, mitigation, preparedness response and recovery for this state.
2. Coordinating public health emergency response among state, local and tribal authorities.
3. Collaborating with relevant federal government authorities, elected officials of other states, private organizations and private sector companies.
4. Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies.
5. Organizing public information activities regarding state public health emergency response operations.
6. Establishing, in conjunction with applicable professional licensing boards, a process for to grant a temporary waiver of the professional licensure requirements necessary for the implementation of to implement any measures required to adequately address the state of emergency or state of war emergency.
7. Granting temporary waivers of health care institution licensure requirements necessary for implementation of to implement any measures required to adequately address the state of emergency or state of war emergency.
B. In addition to the authority provided in subsection A of this section, during a state of emergency or state of war emergency, the governor, in consultation with the director of the department of health services, may issue orders that:
1. Mandate medical examinations for exposed persons.
2. Ration medicine and vaccines.
3. Provide for transportation of medical support personnel and ill and exposed persons.
4. Provide for procurement of medicines and vaccines.
C. In addition to the authority provided in subsections A and B of this section, during a state of emergency or state of war emergency in which there is an occurrence or the imminent threat of smallpox, plague, viral hemorrhagic fevers or a highly contagious and highly fatal disease with transmission characteristics similar to smallpox, the governor, in consultation with the director of the department of health services, may issue orders that:
1. Mandate treatment or vaccination of persons who are diagnosed with an illness resulting from exposure or who are reasonably believed to have been exposed or who may reasonably be expected to be exposed.
2. Isolate and quarantine persons.
D. Law enforcement officials of this state and the national guard shall enforce orders issued by the governor under this section.
E. Diseases subject to this section do not include acquired immune deficiency syndrome or any other infection caused by the human immunodeficiency virus.
F. If during a state of emergency or state of war emergency the public health is not endangered, nothing in this title shall does not authorize the department or any of its officers or representatives to impose on any person against the person's will any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person. Nothing in This title shall does not authorize the department or any of its officers or representatives to impose on any person contrary to his the person's religious concepts any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person.
G. At the governor's direction, the department may use reasonable efforts to assist the persons and institutions affected by the state of emergency or state of war emergency declared proclaimed pursuant to this section in seeking reimbursement of costs incurred as a result of providing services related to the implementation of implementing isolation and quarantine under this article to the extent these services are not otherwise subject to reimbursement.
Section 2. Title 36, Arizona Revised Statutes, is amended by adding chapter 16, to read:
VACCINE REQUIREMENTS PROHIBITED
ARTICLE 1. GENERAL PROVISIONS
36-1801. Business entities
A business entity doing business in this state may not refuse to provide any service, product, admission to a venue or transportation to a person because that person has or has not received a vaccine.
36-1802. Ticket issuers
A ticket issuer may not penalize, discriminate against or deny access to an entertainment event to a ticket holder because the ticket holder has or has not received a vaccine.
36-1803. Government vaccine requirements prohibited; exceptions
Except as provided in title 15, chapter 8, article 6 and section 36-672 and the rules adopted pursuant to section 36-672, this state or a county or local government entity or official in this state may not require a person to receive a vaccine.
36-1804. Government services; condition on vaccine prohibited
tHIS state OR A county or local government entity or official in this state may not require a person to receive a vaccine as a condition for any of the following:
1. Receipt of a government benefit.
2. Receipt of a government service.
3. Receipt of a government-issued license, permit or certification.
4. Entrance into a public building.
5. Use of public transportation.
36-1805. Vaccine incentives prohibited
This state or a county or local government entity or official in this state may not provide a special privilege, financial benefit or other incentive to a person for receiving a vaccine.
36-1806. Violation; classification
A person that violates this chapter is guilty of a class 5 felony.
36-1807. Business entities; violation; license, permit or certification suspension
If a business entity violates section 36-1801 or 36-1802, the court shall order the suspension of all licenses, permits or certifications issued by this state or a poltiical subdivision of this state that are held by the business entity for at least thirty days and not more than one year."
Amend title to conform