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REFERENCE TITLE: vaccination status; denial; prohibition |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1194 |
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Introduced by Senator Shamp
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AN ACT
Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3230.03; Amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.06; relating to health care services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3230.03, to read:
32-3230.03. Health professionals; denial of care; vaccination status; prohibition; civil penalty
A. A health professional may not deny care or services to any person based on the person's vaccination status or adversely affect a person's options for, priority level of or quality of health care based on the person's vaccination status.
B. Any person who believes that the person's health care has been adversely affected in violation of subsection A of this section has a cause of action in a court of competent jurisdiction.
C. A health professional who is found to be in violation of this section is subject to a civil penalty of $500 per violation or three times the amount of actual damages suffered by the person as a result of the violation, whichever is more. The court may award a plaintiff who prevails in an action under this section punitive damages, court costs and reasonable attorney fees.
D. Notwithstanding any other law, a declaration of a public health emergency, health care crisis or pandemic does not:
1. exempt health professionals from the requirements of subsection A of this section.
2. override or exempt health professionals from the protections and requirements of this section. Any health care-related mandate issued in response to a declaration of a public health emergency, health care crisis or pandemic shall be interpreted and enforced in a manner that upholds this section, ensuring that the health care-related mandate does not conflict with the fundamental rights that this section protects.
Sec. 2. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-420.06, to read:
36-420.06. Health care institutions; denial of care; vaccination status; prohibition; civil penalty
A. A health care institution may not deny care or services to any person based on the person's vaccination status or adversely affect a person's options for, priority level of or quality of health care based on the person's vaccination status.
B. Any person who believes that the person's health care has been adversely affected in violation of subsection A of this section has a cause of action in a court of competent jurisdiction.
C. A health care institution that is found to be in violation of this section is subject to a civil penalty of $500 per violation or three times the amount of actual damages suffered by the person as a result of the violation, whichever is more. The court may award a plaintiff who prevails in an action under this section punitive damages, court costs and reasonable attorney fees.
D. Notwithstanding any other law, a declaration of a public health emergency, health care crisis or pandemic does not:
1. exempt health care institutions from the requirements of subsection A of this section.
2. override or exempt health care institutions from the protections and requirements of this section. Any health care-related mandate issued in response to a declaration of a public health emergency, health care crisis or pandemic shall be interpreted and enforced in a manner that upholds this section, ensuring that the health care-related mandate does not conflict with the fundamental rights that this section protects.