Arizona Revised Statutes | Title 36: Public Health and Safety | Chapter 11.2: Prohibition on discrimination against health care entities
AZ Rev Stat § 36-1321 (2018) Definitions
In this article, unless the context otherwise requires:
1. "Discriminate" means taking or threatening any adverse action,
including any of the following:
(a) Termination of employment.
(b) Transfer from current position.
(c) Demotion from current position.
(d) Adverse administrative action.
(e) Reassignment to a different shift or job title.
(f) Increased administrative duties.
(g) Refusal of staff privileges.
(h) Refusal of board certification.
(i) Reduction of wages, benefits or privileges.
(j) Refusal to award a grant, contract or other
(k) Refusal to provide residency training
(l) Denial, suspension or revocation of a license.
(m) Impediments to creating, expanding or improving a
health care entity.
(n) Impediments to acquiring or associating or
merging with any other health care entity.
(o) Any other penalty or disciplinary or retaliatory
2. "Health care entity" means any of the following or an employee of any
of the following:
(a) A health care institution as defined in section
(b) A health professional as defined in section
(c) A health care services organization as defined in
(d) A hospital service corporation or medical service
corporation as defined in section 20-822.
(e) An accountable health plan as defined in section
3. "Person" includes this state and any agency or political subdivision
of this state.
AZ Rev Stat § 36-1322 (2018) Discrimination prohibited; immunity
A. A person may not discriminate against a health care entity on the basis that the health care entity does not provide, assist in providing or facilitate in providing any health care item or service for the purpose of causing or assisting in causing the death of any individual, such as by assisted suicide, euthanasia or mercy killing.
B. A health care entity is not liable in any civil, criminal or
administrative action for declining to provide any health care item or
service for the purpose of causing or assisting in causing the death of any
individual as specified in subsection A of this section.
C. This section does not apply to the withholding of cardiopulmonary
resuscitation for a patient with a valid prehospital medical directive as
provided in section 36-3251 or a similar medical order to withhold
cardiopulmonary resuscitation issued by a licensed health care provider.
AZ Rev Stat § 36-1323 (2018) Civil action; damages; injunctive relief; attorney fees
A. A health care entity may bring a civil action in superior court for a violation of section 36-1322.
B. An additional burden or expense on another health care entity arising
from the exercise of rights pursuant to section 36-1322 is not a defense in
any civil action under this section.
C. If the superior court finds that discrimination in violation of
section 36-1322 occurred, the court may award any of the following:
1. Actual and compensatory damages, including damages
for emotional distress.
2. Court costs and attorney fees.
3. Preventive relief, including a permanent or
temporary injunction, a restraining order or any other order against the
person responsible for a violation of section 36-1322.