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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
emergency use products; employers; prohibition
Purpose
Prohibits an employer, government entity or healthcare entity from requiring the administration of an emergency use product.
Background
The Commissioner of the U.S. Food and Drug Administration (FDA) may authorize the emergency use of an FDA unapproved medical product or the unapproved use of an approved medical product for certain emergency circumstances after the United States Health and Human Services Secretary has made a declaration of emergency or threat justifying emergency use. The commissioner may issue an emergency use authorization to allow an emergency medical product to be used in an emergency to diagnose, treat, or prevent serious or life-threatening diseases or conditions caused by a chemical, biological, radiological or nuclear agent when there are no adequate, approved and available alternatives. Emergency medical products include drugs such as antivirals and antidotes, biological products including vaccines, blood products, and biological therapeutics, and devices such as in vitro diagnostics and personal protective equipment (FDA).
A health care
entity is a: 1) licensed health care provider; 2) entity that provides
health care services through one or more licensed health care providers; 3)
entity that contracts to provide or pays for health care services; 4)
professional organization of licensed health care providers;
5) utilization or quality control peer review organization; 6) state health
care provider;
7) component of the statewide emergency medical services and trauma system; 8)
qualifying community health center; or 9) committee or other organizational
structure of a health care entity (A.R.S.
§ 36-2401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an employer from requiring the administration of an emergency use product as a condition of hiring or continued employment.
2. Prohibits a government entity or health care entity from requiring the administration of an emergency use product.
3. Defines government entity and healthcare entity.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
The Governor indicates in her veto message that H.B. 2012 is seemingly predicated on a misunderstanding of federal law, has the potential to jeopardize the public health of Arizonans and problematically puts the state in the position of dictating the policy decisions of private employers.
House Action Senate Action
HHS 2/13/25 DP 7-5-0-0 HHS 3/12/25 DP 3-2-2
3rd Read 2/26/25 32-27-1 3rd Read 4/1/25 17-12-1
Vetoed by the Governor on 4/7/25
Prepared by Senate Research
April 7, 2025
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