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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
medical mandates; right to refuse
Purpose
Subject to voter approval, constitutionally recognizes the right to refuse medical mandates and prohibits a government entity from mandating any individual to receive or administer any medical treatment as a condition of employment, education or exercising any right or benefit.
Background
A government entity may not require a person to wear a mask or facial covering anywhere on the entity's premises, except where long-standing workplace safety and infection control measures unrelated to COVID-19 may be required, or require a person under 18 years old to receive a vaccination for COVID-19 or any variant without the consent of a parent or guardian (A.R.S. §§ 36-681 and 36-682).
An employer that receives notice from an employee that taking the COVID-19 vaccination conflicts with a sincerely held religious belief, practice or observance must provide the employee a reasonable accommodation, unless the accommodation would pose an undue hardship and more than a de minimus cost to the employer (A.R.S. § 23-206).
A governmental entity means a county, municipality, school district, 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 the state (A.R.S. § 12-981).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Declares that the right to refuse medical mandates is hereby recognized and protected as a fundamental and inherent right of every individual.
2. Prohibits a government entity from mandating, requiring, coercing or compelling 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:
a) employment;
b) education;
c) entry or access to any facility or space;
d) participation in services; or
e) the exercise of any right, privilege or benefit.
3. Specifies that the outlined prohibition on a medical mandate does not:
a) 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;
b) 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;
c) 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;
d) limit a licensed health care provider or health care institution from performing legally required duties relating 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;
e) limit any requirement under federal law;
f) limit any existing state law requirements for diagnostic tests or procedures; or
g) limit a special health care district established by state law from requiring 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.
4. Defines coerce or compel as taking any action that imposes a penalty, denial of benefit or adverse consequence for noncompliance.
5. Requires the Secretary of State to submit the proposition to the voters at the next general election.
6. Becomes effective if approved by the voters and on proclamation of the Governor.
House Action
HHS 2/16/26 DPA 7-5-0-0
3rd Read 3/2/26 31-23-5-0-1
Prepared by Senate Research
March 23, 2026
AN/ci