REFERENCE TITLE: medical mandates; right to refuse

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HCR 2056

Introduced by

Representative Kupper

A CONCURRENT RESOLUTION

Proposing an amendment to the Constitution of Arizona; amending article II, Constitution of Arizona, by adding section 38; relating to declaration of rights.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Article II, Constitution of Arizona, is proposed to be amended by adding section 38 as follows if approved by the voters and on proclamation of the Governor:

38. Right to refuse medical mandate, product or treatment; definition

section 38. A. THE RIGHT TO REFUSE MEDICAL MANDATES IS HEREBY RECOGNIZED AND PROTECTED AS A FUNDAMENTAL AND INHERENT RIGHT OF EVERY INDIVIDUAL. A GOVERNMENT ENTITY MAY NOT MANDATE, REQUIRE, COERCE OR COMPEL ANY INDIVIDUAL TO ACCEPT, RECEIVE OR ADMINISTER ANY MEDICAL PRODUCT OR TREATMENT THAT INVOLVES INVASION OF OR AFFIXING ANY ITEM OR ARTICLE TO THE BODY FOR ANY REASON OR PURPOSE, INCLUDING AS A CONDITION OF EMPLOYMENT, EDUCATION, ENTRY OR ACCESS TO ANY PUBLIC FACILITY OR SPACE, PARTICIPATION IN SERVICES OR THE EXERCISE OF ANY RIGHT, PRIVILEGE OR BENEFIT.

B. THIS SECTION DOES NOT:

1. LIMIT A COURT OF COMPETENT JURISDICTION IN A SPECIFIC INDIVIDUAL'S CASE BASED ON A FINDING OF CLEAR AND CONVINCING EVIDENCE THAT THE INDIVIDUAL IS A DANGER TO SELF OR OTHERS, INCLUDING THE ORDERING OF TREATMENT FOR A MENTAL HEALTH OR SUBSTANCE USE DISORDER INVOLVING THE ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENTS TO ADDRESS MENTAL HEALTH OR A SUBSTANCE USE DISORDER.

2. APPLY TO PERSONS who are IN the CUSTODY of a law enforcement agency OR ON PROBATION FOR AN OFFENSE OR LIMIT OR INTERFERE WITH THE COLLECTION OF EVIDENCE PURSUANT TO A BONA FIDE CRIMINAL INVESTIGATION.

3. LIMIT OR INTERFERE WITH THE RIGHTS OF PARENTS OR LEGAL GUARDIANS TO MAKE MEDICAL MANDATE DECISIONS FOR THEIR MINOR CHILDREN FROM BIRTH TO EIGHTEEN YEARS OF AGE.

4. LIMIT A LICENSED HEALTH CARE PROVIDER OR HEALTH CARE INSTITUTION FROM PERFORMING LEGALLY REQUIRED DUTIES RELATED TO THE REPORTING OR TRACKING OF MEDICAL PRODUCTS OR TREATMENTS OR FROM ADMINISTERING MEDICAL CARE THAT IS NECESSARY TO SAVE THE LIFE OF AN INDIVIDUAL WHEN CONSENT CANNOT BE OBTAINED FROM THE INDIVIDUAL, THE INDIVIDUAL'S PARENT OR LEGAL GUARDIAN OR THE INDIVIDUAL'S AUTHORIZED REPRESENTATIVE.

5. LIMIT ANY REQUIREMENT UNDER FEDERAL LAW.

6. LIMIT ANY EXISTING STATE LAW REQUIREMENTS FOR DIAGNOSTIC TESTS OR PROCEDURES.

C. FOR THE PURPOSES OF THIS SECTION, "COERCE OR COMPEL" MEANS TO TAKE ANY ACTION THAT IMPOSES A PENALTY, DENIAL OF BENEFIT OR ADVERSE CONSEQUENCE FOR NONCOMPLIANCE.

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.