Arizona bill may let voters decide if public schools can require vaccines

March 6

A proposed ballot measure that would bar schools and government agencies from requiring vaccinations and other “medical products or treatments” is set to go before the Arizona Senate.

The bill known as House Concurrent Resolution 2056 was recently approved by the Arizona House. If passed by the Arizona Senate, it would let voters decide on the measure this November. Arizona Gov. Katie Hobbs would not be able to veto the bill because it would be voter approved.

Currently, public schools require proof of vaccination prior to enrolling a student, which is in compliance with CDC guidelines. However, parents do have the option of signing an exempt form to opt their children out of vaccines for medical, religious or personal reasons.

Arizona Republican Rep. Nick Kupper, of Surprise, was the author of the bill. If it passes, the proposal would amend the state constitution to recognize that, “A government entity may not mandate, require, coerce or compel any individual to accept, receive or administer any medical product or treatment…”

Kupper said he almost lost his military career and retirement “for refusing an unapproved medical mandate.”

“This is about freedom and informed consent. Adults should be able to make decisions about their own bodies, and parents should have the final say for their children,” Kupper continued in a press release. “That principle should not change based on who is in power or what crisis is being used to justify control.”

What do public health experts say about the proposal?

Critics of the bill said the language in the proposal is posed as medical freedom and may confuse Arizona voters.

Will Humble, executive director of the Arizona Public Health Association, said if voters pass the proposal it would be difficult to change since it’s an amendment to the state’s Constitution, and any measures approved by voters are protected from major changes being made by the legislature.

“It’s framed as medical freedom. That’s what the label of it says. And you can read the language in the statute. It never mentions vaccines, but it’s exactly what that’s about, because look, vaccines are a medical treatment to prevent illness,” Humble said.

Humble said the bill’s wording could throw voters off and if passed would end any school or government agency to have vaccine requirements. If there was an outbreak of measles, then schools and county health departments would not be able to track or prevent the spread of the disease, he said.

Normally, after a case of measles is discovered, the county health department will pull medical records to confirm which children are unvaccinated. Unvaccinated children would then be sent home to be vaccinated in order to prevent the spread of the disease.

But if the measure is passed by voters this wouldn’t happen, Humble said. Instead, it would strip away public health tools to help stop outbreaks. Humble said the bill would lower immunization rates and make transmissions of diseases more common.

“This is not child’s play. This is really important stuff when you amend the state constitution and voters better really be informed about what’s in it before they check their box,” Humble said. “It may not get in the ballot, it still has to get through the Senate, but I’m pretty concerned about it.”

On March 2, the House approved the proposal with 31 Republicans voting yes, and 23 Democrats voting no. If the Senate passes the bill, then it will head straight to the ballot in November.

Reporting by “Arizona Horizon” Education Solutions Reporter Roxanne De La Rosa. Her role is made possible through grant funding from the Arizona Local News Foundation’s Arizona Community Collaborative Fund and Report for America.