HB 2012
Initials AG/AB Page 1 Vetoed by the Governor
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: HHS DP 7-5-0-0 | 3rd Read 32-27-1-0
Senate: HHS DP 3-2-2-0 | 3rd Read 17-12-1-0
HB 2012: emergency use products; employers; prohibition
Sponsor: Representative Kupper, LD 25
Vetoed by the Governor
Overview
Prohibits an employer, government entity or heath care entity from requiring the
administration of an emergency use product as defined in the Federal Food, Drug, and
Cosmetic Act.
History
The U.S. Secretary of Health & Human Services (Secretary) may authorize the introduction
into interstate commerce, during the effective period of a declaration, of a drug, device or
biological product intended for use in an actual or potential emergency.
The Secretary may make a declaration of emergency or threat justifying emergency
authorized use on the basis of: 1) a determination by the Secretary of Homeland Security that
there is a domestic emergency, or a significant potential for a domestic emergency, involving
a heightened risk of attack with a biological, chemical, radiological or nuclear agent or agents;
2) a determination by the Secretary of Defense that there is a military emergency, or a
significant potential for a military emergency, involving a heightened risk to United States
(U.S.) military forces, including personnel operating under the authority of various titles of
attack with a biological, chemical, radiological or nuclear agent or agents; or an agent or
agents that may cause, or are otherwise associated with, an imminently life-threatening and
specific risk to U.S. military forces; 3) a determination by the Secretary that there is a public
health emergency, or a significant potential for public health emergency, that affects, or has
significant potential to affect, national security or the health and security of U.S. citizens
living abroad, and that involves a biological, chemical, radiological or nuclear agent or agents,
or a disease or condition that may be attributable to such agent or agents; or 4) the
identification of a material threat sufficient to affect national security or the health and
security of U.S. citizens living abroad (21 U.S.C § 360bbb-3).
Health Care Entity means any of the following: 1) a licensed health care provider; 2) an entity
that provides health care services through one or more licensed health care providers; 3) an
entity that contracts to provide or pays for health care services; 4) a professional organization
of licensed health care providers; 5) a utilization or quality control peer review organization;
6) a state health care provider; 7) a component of the statewide emergency medical services
and trauma system; 8) a qualifying community health center; and 9) a committee or other
organizational structure of a health care entity (A.R.S § 36-2401).
Page 2
Provisions
1. Prohibits an employer from requiring the administration of an emergency use product as
defined in federal law to the employer's employees or as a condition of employment.
(Sec. 1)
2. Prohibits a government entity or health care entity from requiring the administration of
an emergency use product as defined in federal law. (Sec. 2, 3)
3. Defines health care entity and government entity. (Sec. 3)