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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
civil liability; fraudulent scientific research
Purpose
Allows the Attorney General (AG) or a county attorney to bring a civil action against a researcher for knowingly or recklessly publishing fraudulent scientific research and outlines certain liability exceptions.
Background
The Arizona Constitution states that civil lawsuits must be filed in the jurisdiction in which the damage occurred or in which the defendant does business. A civil action claim for damages over $10,000 must be filed in the superior court, and a claim for damages less than $10,000 must be filed in a municipal or justice court (Ariz. Const. art. 6 § 32).
A person who, with a scheme or artifice to defraud, knowingly deprives a person of honest services or who knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions, is guilty of a class 2 felony (A.R.S. § 13-2310).
The federal False Claims Act states that a person is liable for a civil
penalty and three times the government damages if the person: 1) knowingly
presents a false claim for payment;
2) knowingly makes a false record or statement material to a false or
fraudulent claim; or 3) has control of property or money used, or to be used,
by the government and knowingly delivers less than all of that money or
property. A person may bring about a civil action for violation of the federal
False Claims Act for the person and for the U.S. government (31 U.S.C. §§ 3729
and 3730).
If allowing the AG to bring civil actions against fraudulent research results in the collection of civil penalties directed to the state General Fund (state GF), there may be a positive fiscal impact to the state GF.
Provisions
1. Allows the AG or a county attorney to bring a civil action against a researcher for fraudulent scientific research or failed disclosure.
2. Requires these civil actions to be:
a) proven by clear and convincing evidence; and
b) commenced within four years after the research is published.
3. Exempts a researcher from liability if the person:
a) preregisters a scientific method, hypothesis or analysis before conducting research;
b) reports to applicable institutions and the public that the results were misinterpreted or that an error was made;
c) provides reasonable access to the study information after conclusion or publication of the research; or
d) posts the methodology and data on an open access database or site.
4. Exempts researchers from liability for any fraudulent scientific research that was published and that was conducted at, or funded by, an accredited university.
5. Exempts accredited universities from liability for any such fraudulent scientific research.
6. Exempts drug manufacturers that are registered with the Arizona State Board of Pharmacy from liability for any fraudulent scientific research that was conducted at, or funded by, the drug manufacturer.
7. Allows the court, in an action brought against fraudulent research, to order:
a) temporary or permanent injunctive relief;
b) restitution to the injured party, including research institutions, universities, funding agencies, coresearchers and persons who suffered reputational harm, financial harm or other damages;
c) a civil penalty of no more than $50,000; and
d) any other relief that the court determines to be appropriate.
8. Requires the AG or the county attorney, in an action against fraudulent research, to deposit civil penalties into the state GF or county general fund, respectively.
9. Allows a party that suffers damages due to fraudulent research to:
a) sue in the superior court; and
b) recover actual damages sustained, including the cost of the suit and reasonable attorney fees.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
2. Exempts drug manufacturers that are registered with the Arizona State Board of Pharmacy from liability for any fraudulent scientific research that was conducted at, or funded by, the drug manufacturer.
Senate Action
JUDE 1/21/26 DP 4-3-0
Prepared by Senate Research
March 13, 2026
ZD/MY/ci