Assigned to HHS FOR COMMITTEE ARIZONA STATE SENATE Fifty-Sixth Legislature, Second Regular Session FACT SHEET FOR H.B. 2442 school immunizations; exclusions Purpose Expands the list of immunizations that are not required for school attendance to include immunizations for which a U.S. Food and Drug Administration (FDA) Emergency Use Authorization (EUA) has been issued. Background The Director of the Department of Health Services (DHS) must adopt rules: 1) prescribing required immunizations for school attendance; 2) approving means of immunization and indicating reinforcement of immunizations for diseases; and 3) identifying types of health agencies and health care providers that may sign laboratory evidence of immunity. The rules must include the required doses, recommended optimum ages for administration of the immunizations, persons who are authorized representatives to sign on behalf of a health agency and other necessary actions. Immunizations for the following are required for k-12 school attendance: 1) hepatitis B; 2) poliomyelitis; 3) measles, mumps and rubella; 4) varicella; 5) diphtheria, tetanus and pertussis; and 6) meningococcal disease (DHS). Immunizations for the human papillomavirus along with COVID-19 and its variants are not required for school attendance (A.R.S. ยง 36-672). The federal Food, Drug and Cosmetic Act allows the Secretary of the U.S. Department of Health and Human Services (U.S. HHS) to declare that an EUA is appropriate. The FDA may then authorize unapproved medical products or unapproved uses of approved medical products to be used in an emergency to diagnose, treat, or prevent serious or life-threatening diseases or conditions caused by chemical, biological, radiological and nuclear threats when certain criteria are met, including when there are no adequate, approved and available alternatives. An U.S. HHS declaration to support emergency use is required before the FDA issues an EUA, and must be based on one of four types of determinations of threats or potential threats by the Secretary of U.S. HHS, Department of Homeland Security or the Department of Defense (FDA). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Expands the list of immunizations that are not required for school attendance to include immunizations for which a EUA has been issued by the FDA. 2. Becomes effective on the general effective date. FACT SHEET H.B. 2442 Page 2 House Action HHS 1/29/24 DP 6-4-0-0 3 rd Read 2/28/24 31-28-0-0-1 Prepared by Senate Research March 8, 2024 MM/DM/slp