HB 2055
Initials MT/CDC Page 1 Regulatory Oversight
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2055: immunizations; requirements; exemption
Sponsor: Representative Fink, LD 27
Committee on Regulatory Oversight
Overview
Allows a person to claim an exemption for any immunization required as a condition of
employment, school attendance or obtaining a license if there is not an available vaccine that
meets outlined requirements.
History
The Arizona Department of Health Services (DHS) Director must adopt rules prescribing: 1)
required immunizations to attend school; 2) the means of immunization; 3) any indicated
reinforcing immunizations for diseases; and 4) the types of health agencies and health care
providers that may sign laboratory evidence of immunity. These prescribed rules are also
required to include the required dose, the optimum administration ages, the authorized
representatives to sign on behalf of a health agency and other provisions needed for
implementation (A.R.S. § 36-672).
A local health department must provide immunizations required for school attendance at no
cost to the pupil or pupil's parent, guardian or person in loco parentis. To receive
immunization reimbursements, the local health department may contract with a private
health care insurer or with the pupil's or parent's corresponding private health care insurer.
A pupil cannot be immunized without the informed consent of the parent, guardian or person
in loco parentis. A pupil who is at least 18 years old or is emancipated may consent to
immunizations (A.R.S. § 36-673).
Provisions
1. Enables a person who is required to receive an immunization as a condition of
employment, school attendance or the obtainment of any license, certification or degree,
to claim an exemption if there is not an available vaccine that fulfills all the following
requirements:
a) has been approved by the Food and Drug Administration (FDA);
b) has been evaluated for its long-term potential to cause cancer, impair fertility and
mutate genes;
c) the pivotal clinical trial the FDA used to approve the vaccine was a trial that compared
the vaccine to a control group that received a placebo or another approved vaccine that
was used as a placebo in the pivotal clinical trial;
d) any known injuries or diseases caused by the vaccine and the rate at which the injury
or disease occurs from the vaccine are posted by DHS on its website;
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e) studies have been conducted that are necessary to determine any injury or disease
that the vaccine may cause when administered alone or with another state-mandated
vaccine;
f) the risk of permanent disability or death from the vaccine has been proven to be less
than that caused by the infection it is intended to prevent; and
g) the vaccine's manufacturer has liability for design defect claims for any injury caused
by the vaccine. (Sec. 2)
2. States that a person can claim the exemption for themselves, their child or a dependent.
(Sec. 2)
3. Prohibits DHS or any other state agency, board or commission from requiring a person to
meet any other condition or requirement to claim the exemption. (Sec. 2)
4. Makes conforming changes. (Sec. 1)