HB 2442
Initials AG/KT Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: HHS DP 6-4-0-0
HB 2442: school immunizations; exclusions
Sponsor: Representative Montenegro, LD 29
Caucus & COW
Overview
States that immunizations for which a U.S. Food and Drug Administration (FDA) emergency
use authorization has been issued are not required for school attendance.
History
The Director of the Arizona Department of Health Services (DHS) must adopt rules that: 1)
prescribe required immunizations for school attendance; 2) approve means of immunization
and indicate reinforcing immunizations for diseases; and 3) identify types of health agencies
and health care providers that may sign laboratory evidence of immunity.
Additionally, these rules must include: 1) required doses; 2) recommended optimum ages for
administration of immunizations; 3) persons authorized to sign on behalf of a health agency;
and 4) other necessary rules. The Director of DHS, in consultation with the Superintendent
of Public Instruction, must develop, by rule, standards for documentary proof. Currently,
immunization against the human papillomavirus, COVID-19 or any variant of COVID-19 are
not required for school attendance (A.R.S. § 36-672).
The Federal Food, Drug and Cosmetic Act (FD&C Act) permits the FDA to authorize the use
of a drug, device or biological product in emergency situations. Before an emergency use
authorization can occur, the U.S. Secretary of Health and Human Services must declare that
circumstances exist justifying the authorization based on certain grounds as prescribed by
the FD&C Act (21 U.S.C. 360bbb).
Provisions
1. Asserts that an immunization for which an FDA emergency use authorization has been
issued is not required for school attendance. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note