Arizona 2023 Regular Session

Arizona House Bill HB2388 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: health care workers; employment rights State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2388 Introduced by Representatives Hernandez M: Aguilar An Act amending title 23, chapter 2, Arizona Revised Statutes, by adding article 4; relating to employment practices. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: health care workers; employment rights
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
11	11	HB 2388
12	12	Introduced by Representatives Hernandez M: Aguilar
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14	14	REFERENCE TITLE: health care workers; employment rights
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24	24	State of Arizona
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40	40	HB 2388
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44	44	Introduced by
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46	46	Representatives Hernandez M: Aguilar
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64	64	An Act
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68	68	amending title 23, chapter 2, Arizona Revised Statutes, by adding article 4; relating to employment practices.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read: ARTICLE 4. ESSENTIAL HEALTH CARE WORKERS START_STATUTE23-251. Definitions In this article, unless the context otherwise requires: 1. "COVID-19 essential function" has the same meaning as essential function prescribed in executive order 2020-12 issued on March 23, 2020. 2. "Employ" has the same meaning prescribed in section 23-362. 3. "Employee" has the same meaning prescribed in section 23-362. 4. "Employer" has the same meaning prescribed in section 23-362. 5. "Family member" has the same meaning prescribed in section 23-371. 6. "Health care employer": (a) Means a health care institution within this state that employs more than six individuals, including the proprietor. (b) Does not include any institution operated by this state, any political subdivision of this state or any other public entity. 7. "Health care institution" has the same meaning prescribed in section 36-401. 8. "Health care worker" means any employee of a health care employer who provides direct patient care and services supporting patient care, including any of the following: (a) A physician. (b) A physician assistant. (c) A pharmacist. (d) A clinician. (e) A nurse. (f) An aide. (g) A technician. (h) A janitorial or housekeeping staff member. (i) A food services worker. (j) A nonmanagerial administrative staff member. 9. "Personal protective equipment": (a) Means protective equipment for eyes, face, head and extremities, protective clothing, respiratory devices and protective shields and barriers. (b) Includes all of the following: (i) N95 and other filtering facepiece respirators. (ii) Elastomeric air-purifying respirators with appropriate particulate filters or cartridges. (iii) Powered air purifying respirators. (iv) Disinfecting and sterilizing devices and supplies. (v) Medical gowns and apparel. (vi) Face masks. (vii) Surgical masks. (viii) Face shields. (ix) Gloves. (x) Shoe coverings. (xi) Any equipment identified by or otherwise necessary to comply with all laws, standards and rules relating to health and safety. 10. "Retaliatory action" means discharging, suspending, demoting, penalizing or discriminating against an employee or taking other adverse employment action against an employee in the terms and conditions of employment. END_STATUTE START_STATUTE23-252. Hazard pay A. A health care employer shall pay hazard pay as prescribed in this section to each health care worker for each hour of work performed outside the health care worker's home to serve a COVID-19 essential function. B. Hazard pay shall be calculated as a premium of five percent above a health care worker's base pay, which is the highest regular hourly rate that the employer paid to the health care worker in the year before the effective date of this section, whether based on wages or salary. Hazard pay shall be increased each January 1 for the three years following the effective date of this section, by increasing the base pay used in the calculation by five percent each year. C. A health care employer is not required to pay hazard pay to a health care worker who earns regular pay of $125,000 a year or more. END_STATUTE START_STATUTE23-253. Personal protective equipment Consistent with existing law, a health care employer shall supply appropriate personal protective equipment to each health care worker the health care employer employs at no cost to the health care worker. All personal protective equipment shall be new and unexpired. END_STATUTE START_STATUTE23-254. Exposure notifications When any person on the site of a health care employer contracts COVID-19, the employer is required to inform all employees or any other person on-site of any potential exposure. END_STATUTE START_STATUTE23-255. COVID-19-related sick leave A health care employer is required to provide a health care worker with at least three weeks of paid sick leave at the health care worker's regular rate of pay if the health care worker is unable to work because the health care worker is any of the following: 1. Seeking a medical diagnosis of COVID-19. 2. Ill with or recovering from COVID-19. 3. In quarantine or caring for a family member who is seeking a medical diagnosis of COVID-19, ill with or recovering from COVID-19 or in quarantine. END_STATUTE START_STATUTE23-256. Accommodations for quarantine This state shall arrange to provide access to no-cost or low-cost hotel rooms in close proximity to medical facilities for health care workers who come in direct contact with or are suspected of having direct contact with COVID-19 patients, or who test positive for COVID-19 but do not require hospitalization. END_STATUTE START_STATUTE23-257. Whistleblower protections A health care employer may not take any retaliatory action against any health care worker because the health care worker does any of the following: 1. Refuses to perform work when the health care worker, in good faith, reasonably believes a violation of a health and safety law, standard or rule would create a hazard to the health care worker, any fellow employee, a patient or the public. 2. Reports to a supervisor, public body, news media outlet or social media forum any activity, policy or practice of an employer that the employee, in good faith, reasonably believes would risk the health, safety or welfare of a patient or employee in violation of any law, rule or standard of practice. END_STATUTE START_STATUTE23-258. Other laws All pay and protections provided for in this article are in addition to all other pay and protections required by law. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read:
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84	84	ARTICLE 4. ESSENTIAL HEALTH CARE WORKERS
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86	86	START_STATUTE23-251. Definitions
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88	88	In this article, unless the context otherwise requires:
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90	90	1. "COVID-19 essential function" has the same meaning as essential function prescribed in executive order 2020-12 issued on March 23, 2020.
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92	92	2. "Employ" has the same meaning prescribed in section 23-362.
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94	94	3. "Employee" has the same meaning prescribed in section 23-362.
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96	96	4. "Employer" has the same meaning prescribed in section 23-362.
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98	98	5. "Family member" has the same meaning prescribed in section 23-371.
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100	100	6. "Health care employer":
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102	102	(a) Means a health care institution within this state that employs more than six individuals, including the proprietor.
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104	104	(b) Does not include any institution operated by this state, any political subdivision of this state or any other public entity.
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106	106	7. "Health care institution" has the same meaning prescribed in section 36-401.
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108	108	8. "Health care worker" means any employee of a health care employer who provides direct patient care and services supporting patient care, including any of the following:
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110	110	(a) A physician.
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112	112	(b) A physician assistant.
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114	114	(c) A pharmacist.
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116	116	(d) A clinician.
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118	118	(e) A nurse.
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120	120	(f) An aide.
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122	122	(g) A technician.
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124	124	(h) A janitorial or housekeeping staff member.
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126	126	(i) A food services worker.
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128	128	(j) A nonmanagerial administrative staff member.
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130	130	9. "Personal protective equipment":
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132	132	(a) Means protective equipment for eyes, face, head and extremities, protective clothing, respiratory devices and protective shields and barriers.
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134	134	(b) Includes all of the following:
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136	136	(i) N95 and other filtering facepiece respirators.
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138	138	(ii) Elastomeric air-purifying respirators with appropriate particulate filters or cartridges.
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140	140	(iii) Powered air purifying respirators.
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142	142	(iv) Disinfecting and sterilizing devices and supplies.
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144	144	(v) Medical gowns and apparel.
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146	146	(vi) Face masks.
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148	148	(vii) Surgical masks.
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150	150	(viii) Face shields.
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152	152	(ix) Gloves.
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154	154	(x) Shoe coverings.
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156	156	(xi) Any equipment identified by or otherwise necessary to comply with all laws, standards and rules relating to health and safety.
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158	158	10. "Retaliatory action" means discharging, suspending, demoting, penalizing or discriminating against an employee or taking other adverse employment action against an employee in the terms and conditions of employment. END_STATUTE
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160	160	START_STATUTE23-252. Hazard pay
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162	162	A. A health care employer shall pay hazard pay as prescribed in this section to each health care worker for each hour of work performed outside the health care worker's home to serve a COVID-19 essential function.
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164	164	B. Hazard pay shall be calculated as a premium of five percent above a health care worker's base pay, which is the highest regular hourly rate that the employer paid to the health care worker in the year before the effective date of this section, whether based on wages or salary. Hazard pay shall be increased each January 1 for the three years following the effective date of this section, by increasing the base pay used in the calculation by five percent each year.
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166	166	C. A health care employer is not required to pay hazard pay to a health care worker who earns regular pay of $125,000 a year or more. END_STATUTE
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168	168	START_STATUTE23-253. Personal protective equipment
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170	170	Consistent with existing law, a health care employer shall supply appropriate personal protective equipment to each health care worker the health care employer employs at no cost to the health care worker. All personal protective equipment shall be new and unexpired. END_STATUTE
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172	172	START_STATUTE23-254. Exposure notifications
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174	174	When any person on the site of a health care employer contracts COVID-19, the employer is required to inform all employees or any other person on-site of any potential exposure. END_STATUTE
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176	176	START_STATUTE23-255. COVID-19-related sick leave
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178	178	A health care employer is required to provide a health care worker with at least three weeks of paid sick leave at the health care worker's regular rate of pay if the health care worker is unable to work because the health care worker is any of the following:
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180	180	1. Seeking a medical diagnosis of COVID-19.
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182	182	2. Ill with or recovering from COVID-19.
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184	184	3. In quarantine or caring for a family member who is seeking a medical diagnosis of COVID-19, ill with or recovering from COVID-19 or in quarantine. END_STATUTE
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186	186	START_STATUTE23-256. Accommodations for quarantine
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188	188	This state shall arrange to provide access to no-cost or low-cost hotel rooms in close proximity to medical facilities for health care workers who come in direct contact with or are suspected of having direct contact with COVID-19 patients, or who test positive for COVID-19 but do not require hospitalization. END_STATUTE
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190	190	START_STATUTE23-257. Whistleblower protections
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192	192	A health care employer may not take any retaliatory action against any health care worker because the health care worker does any of the following:
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194	194	1. Refuses to perform work when the health care worker, in good faith, reasonably believes a violation of a health and safety law, standard or rule would create a hazard to the health care worker, any fellow employee, a patient or the public.
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196	196	2. Reports to a supervisor, public body, news media outlet or social media forum any activity, policy or practice of an employer that the employee, in good faith, reasonably believes would risk the health, safety or welfare of a patient or employee in violation of any law, rule or standard of practice. END_STATUTE
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198	198	START_STATUTE23-258. Other laws
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200	200	All pay and protections provided for in this article are in addition to all other pay and protections required by law. END_STATUTE