Prohibits DHS director from mandating COVID-19 Vaccines for schoolchildren

State: AZ
Bill Number: HB 2086
Position: SUPPORT
Action Required: None
Status: Enacted, Chapter 240; Effective: 7/23/2022

Legislation Details:

UPDATE: 5/20/2022 - HB 2086 was signed by the governor and enacted as Chapter 240 on 5/20/2022.  The new law will go into effect on 7/23/2022. 

The final enacted law repeals 36-672 as amended by Laws 2021, chapter 409, section 12 and amends that statute as it was in 2007.  The new version establishes that immunizations for COVID-19 or any variant of COVID-19 are not required for school and the director of the Dept. of Health Services can’t add it to the list of vaccines required for school.  Because 36-672 as amended in 2021 is repealed, the section that prohibited requiring an immunization for which a United States food and drug administration emergency use authorization has been issued is no longer in the law.  It has been changed to be specific to COVID-19.  This prevents COVID-19 vaccines from being required for school regardless of if they are under emergency use authorization or not. 

UPDATE: 5/17/2022 - HB 2086 passed the Senate and transmitted to the governor. The final version of the bill specifies that COVID-19 vaccination is not required for school attendance, requires an immunization to be prescribed by rules adopted by DHS before the immunization can be required for in-person school attendance, and clarifies that that these provisions do not preclude a parent's right to make healthcare decisions for their children. 

Click here to see a detailed summary of the final version of the bill.

UPDATE: 4/12/2022 - HB 2086 passed 2nd reading in the Senate on 4/11/2022.   

UPDATE: 3/23/2022 - HB 2086 passed the Senate Health and Human Services Committee in a 5-3 vote.

UPDATE:  3/18/2022 - HB 2086 is scheduled for another hearing in the Senate Health and Human Services Committee on Wednesday, March 23rd at 9:00 AM in Senate Hearing Room 1. Agenda - https://www.azleg.gov/agendas/03230171125.pdf

UPDATE:  3/4/2022 - HB 2086 is scheduled for a hearing in the Senate Health and Human Services Committee on Wednesday, March 9th, at 9:00 AM in Senate Hearing Room 1. Agenda - https://www.azleg.gov/agendas/03090171125.pdf

UPDATE: 2/24/2022 - HB 2086 passed the House in a 31-28-1 vote. The House added an amendment which does the following:

1. Requires an immunization to be prescribed by rules adopted by DHS before the immunization can be required for in-person school attendance.

2. Clarifies that these provisions do not preclude a parent's right to make healthcare decisions for their children.

UPDATE:  2/19/2022 - HB 2086 is scheduled for a hearing in the House Rules Committee on 2/21/2022 at 8:00 AM in Room HHR 4. Agenda - https://www.azleg.gov/agendas/02210104125.pdf

UPDATE:  2/16/2022 - HB 2086 passed the House Education Committee on 2/15/2022.

UPDATE:  2/10/2022 - HB 2086 is scheduled for a hearing in the House Education Committee on 2/15/2022 at 2:00 PM in Room HHR 4. Agenda - https://www.azleg.gov/agendas/02150106125.docx.htm

UPDATE: 2/8/2022 - HB 2086 passed the House Health and Human Services Committee on 2/7/2022: DP (Ayes 5 Nayes 4 Not Voting 0 Excused 0 Absent 0 Vacant 0)

HB 2086 was referred to the House Rules, Education and Health and Human Services Committees and introduced second reading on 1/19/2022.  This bill is sponsored by Rep. Osbourne

This bill would prohibit requiring COVID-19 vaccination for school students repealing and amending current law 36-672, which gives school vaccine mandate authority to the Arizona Department of Health Services (DHS).  Current law only prohibits the Health Department Director from requiring HPV Vaccines.  

Last year, HB 2898 was signed into law. This bill prohibited school districts and charter schools from requiring teachers and students to receive COVID-19 vaccines. However, HB 2086 is still needed because it stops the DHS director from mandating COVID-19 vaccines for schoolchildren.

https://apps.azleg.gov/BillStatus/BillOverview/76482?SessionId=125 - text, status and history for HB 2086