Senate Bill 1439 (2017)
End of LIfe Discrimination Prohibition
Check the status of this bill at the
Arizona State Legislature
State of Arizona
First Regular Session 2017
- Senators Barto: Allen S, Borrelli, Burges, Fann, Farnsworth D,
Kavanagh, Lesko, Montenegro, Petersen, Pratt, Smith,
- Representatives Allen J, Barton, Bowers, Boyer, Campbell, Coleman,
Finchem, Grantham, John, Lawrence, Leach, Livingston, Mesnard,
Mosley, Norgaard, Nutt, Payne, Shooter, Shope, Stringer,
AN ACT amending Title 36, Arizona Revised Statutes, by
adding Chapter 11.2; Relating to health care entites.
Be it enacted by the Legislature of the State of Arizona:
PROHIBITION ON DISCRIMINATION AGAINST HEALTH CARE ENTITIES
ARTICLE 1. GENERAL PROVISIONS
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) increase 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 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
(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
3. "Person" includes this state and any agency or political subdivision
of this state.
36-1322. 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 heath care
time or service for the purpose of causing or assisting in causing the death
of any individual as specified in Subsection A of this Section.
36-1323. 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
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.
This act does not create or recognize a right to assisted suicide,
euthanasia or mercy killing. The legislature does not intend to make
lawful any action intended to cause or assist in causing a person's death
that is currently unlawful.