 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
medical product; procedure; mandates; liability
Purpose
Establishes employer liability for injury or death to an employee arising out of an employer-mandated medical product or procedure.
Background
To protect the safety of employees in all hazardous occupations or any other industry, any employer, whether an individual, association or corporation, is liable for the death or injury of an employee in a hazardous occupation caused by an accident due to a condition of such occupation in which the death or injury of the employee is not caused by the negligence of the employee or injured person (A.R.S. § 23-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes, notwithstanding any other law, that an employer that mandates or coerces its employees to receive a medical product or medical procedure is liable to:
a) an employee for any injury and all damages that are caused by the medical product or medical procedure, including any disability, physical or emotional injury, loss of wages, pain and suffering, medical expense, consequential damages or other damages that arise out of, flow from or are caused by an adverse reaction, injury or temporary or permanent disability; and
b) an employee's dependent for the death of the employee if the employee's death resulted from the mandated or coerced medical product or medical procedure.
2. Establishes that an injury is presumed to be caused by a medical product or procedure if the injury arises within 120 days of receiving the medical product or procedure.
3. Entitles a prevailing employee to attorney fees and a statutory damage award equal to three times the amount of actual damages.
4. Prohibits, notwithstanding any other law, the abrogation of the right of an employee to file a civil action or receive damages pursuant to an employer-mandated medical product or procedure if the employee files a workers' compensation claim.
5. States that an employee may bring a workers' compensation claim either before, during or after filing a civil action pursuant to an employer-mandated medical product or procedure.
6. States that an employee who files a workers compensation claim has no limitation on the claims asserted or damages or award an employee may obtain, except that the amount obtained from a workers' compensation claim must be reduced from any amount awarded for a claim related to mandated medical products or procedures.
7. Defines arise as showing any initial signs of any kind that indicate some reaction or injury caused by the medical product or medical procedure even if the full extent of the injury is not known or does not arise until 120 days after receiving the medical product or medical procedure.
8. Defines coerce as withholding a benefit, right or privilege if an employee refuses a medical product or medical procedure, inducing any benefit, right or privilege that is given to any other employee or to otherwise engage in conduct that is intended to penalize the employee in any manner for refusing a medical product or medical procedure.
9. Defines employee as an individual who is employed by an employer.
10. Defines employer as a person in Arizona that, at any time, employs an individual or individuals who reside in Arizona to perform services of any nature, including;
a) any individual who controls paying wages for services or who is the officer, agent or employee of the individual that has control of paying wages; and
b) an independent contractor.
11. Defines medical procedure as any procedure involving an individual's body that is related to an individual's health.
12. Defines medical product as any U.S. Food and Drug Administration authorized or approved device, biologic or drug, including any device. Biologic or drug that is related to an individual's health.
13. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2022
ZD/sr