ARIZONA HOUSE OF REPRESENTATIVES 57th Legislature, 2nd Regular Session Majority Research Staff
	House: HHS DPA 7-5-0-0

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HCR2056: medical mandates; right to refuse

Sponsor: Representative Kupper, LD 25

Caucus & COW

Overview

Proposes a constitutional amendment to establish a fundamental right for individuals to refuse medical mandates.

History

A health care institution is every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical services, nursing services, behavioral health services, health screening services, other health-related services, supervisory care services, personal care services or directed care services and includes home health agencies, outdoor behavioral health care programs and hospice service agencies (A.R.S. § 36-401).

Governmental entities include counties, municipalities, school districts, chartered unit or subdivision, a governmental unit or other special district or similar entity or any association, authority, board, commission, division, office, officer, task force or other agency of this state (A.R.S. § 12-981).

Provisions

1. Declares the right to refuse medical mandates is hereby recognized and protected as a fundamental and inherent right of every individual.

2. Prohibits government entities from mandating, requiring, coercing, or compelling an individual to administer accept or receive a medical product or treatment as a condition of employment, education, access to public facilities, participation in services, or the exercise of any right or benefit.

3. Clarifies this does not 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

4. Clarifies this does not 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.

5. Clarifies this does not:

a. limit or interfere with the rights of parents or legal guardians to make medical mandate decisions for their minor children from birth to 18 years of age;

b. 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;

c. limit any requirement under federal law; or

d. limit any existing state law requirements for diagnostic tests or procedures.

6. Defines coerce or compel to mean any action taken that imposes a penalty, denial of benefit or adverse consequence for noncompliance.

7. Requires the Secretary of State to submit the proposition to the voters at the next general election.

Amendments

Committee on Health & Human Services

1. clarifies this does not limit a special health care district from requiring its employees, contractors or agents to comply with health and safety protocols necessary for patient protection or disease prevention, including personal protective equipment such as masks.

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Initials AG                 HCR 2056

2/13/2026        Page 0 Caucus & COW

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