Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1393
refusing treatment; right; requirements.
Purpose
Prohibits a health care institution from imposing any mode of treatment, including
vaccination, on a patient who declines the treatment.
Background
Health care institution administrators must ensure each patient, or their representative, is
informed of the patient's right: 1) to consent to or refuse treatment, except in an emergency; 2) to
refuse or withdraw consent for treatment before treatment is initiated; 3) to be informed of
proposed treatment alternatives, associated risks and possible complications, except in an
emergency; and 4) to be informed of the recovery care center’s policy on health care (A.A.C.
R9-10-2110).
An adult person may designate another adult individual to make health care decisions on
that person's behalf by executing a written health care power of attorney that meets outlined
requirements. If a person is physically unable to sign or mark a health care power of attorney, the
notary or each witness must verify that the person directly indicated to the notary or witness that
the power of attorney expressed the person's wishes and that the person intended to adopt the power
of attorney at that time. The individual designated in a health care power of attorney to make health
care decisions is an agent entitled to make and communicate these decisions while the principal is
unable to do so. An agent's authority to make health care decisions on behalf of the principal is
limited only by the express language of the health care power of attorney or by court order (A.R.S.
§ 36-3221 and 36-3223).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
Refusal of Treatment
1. Prohibits a health care institution from:
a) imposing any mode of treatment, including vaccination, on a patient who declines the
treatment; and
b) threatening to withhold any service from a patient as a result of the treatment refusal.
2. Specifies a health care institution may ask a patient to specify under what circumstances the
patient would accept a previously declined treatment but must honor the patient's wishes if the
patient has not changed their mind.
3. Allows a minor child's parent or authorized representative to accept any treatment on the
minor's behalf, including a treatment that the patient has previously declined. FACT SHEET
S.B. 1393
Page 2
Leaving a Health Care Institution
4. Specifies that a patient has the right to leave a health care institution at any time.
5. Allows an authorized person, if the patient becomes incapacitated, to exercise the patient's right
to leave a health care institution on the patient's behalf.
6. Allows a minor child's parent, if the patient becomes incapacitated, to exercise the patient's
right to leave a health care institution on the patient's behalf, unless the patient has written that
they do not wish the parent to have this authority.
Violation
7. Requires a health care institution that violates a patient's right to refuse treatment to pay
damages of $20,000 per violation per patient, adjusted for inflation and in addition to the
reasonable attorney fees and costs of suit, to any person who prevails in challenging a violation.
8. Grants patients standing to assert a violation of their right to refuse treatment.
9. Specifies that, in the event of a patient's death, the patient's surviving parties have the right to
maintain an action for the violation of the patient's right to refuse treatment.
10. Prohibits claims of violations of a patient's right to refuse treatment from being waived.
11. Specifies that, for the avoidance of doubt, persons bringing or defending a violation claim have
the right to try the case to a jury, which does not abrogate in any way the person's other rights
to a trial by jury for the violation of other laws or indicate a legislative intent that the right to
a jury trial must be specified.
12. Requires the superior court in each county to hear claims of violations of a patient's right to
leave a hospital and to enter judgment of whether preliminary injunctive relief should be
granted within 24 hours, including holidays and weekends.
13. Requires preliminary injunctive relief to be granted if it appears that the patient wishes to leave
the health care institution or that the parent wishes the patient to be discharged and the patient
is an incapacitated minor child.
Miscellaneous
14. Specifies that a tracking or monitoring device is considered to be a mode of treatment, whether
or not it is directly related to a patient's treatment.
15. Declares the Legislature’s intent that the public policy of the state that the right to refuse
treatment, including vaccination, is a fundamental right.
16. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2022
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