36-1301

36-1301. Health care services; constitutional
freedom of choice; public policy; definitions

A. The power to require or regulate a person's choice in the mode of
securing lawful health care services, or to impose a penalty related to that choice, is
not found in the Constitution of the United States of America, and is therefore a power
reserved to the people pursuant to the tenth amendment. This state exercises its
sovereign power to declare the public policy of this state regarding the right of all
persons residing in this state in choosing the mode of securing lawful health care
services.

B. It is the public policy of this state, consistent with all constitutionally
enumerated rights, as well as those rights otherwise retained by the people, that every
person in this state may choose or decline to choose any mode of securing lawful health
care services without penalty or threat of penalty.

C. The public policy stated in this section does not apply to impair any right of
contract related to the provision of lawful health care services to any person or group.

D. The public policy stated in this section does not prohibit or limit care
provided pursuant to article XVIII, section 8, Constitution of Arizona, or any statutes
enacted by the legislature relating to workers' compensation.

E. A public official or an employee or agent of this state or any political
subdivision of this state shall not act to impose, collect, enforce or effectuate any
penalty in this state that violates the public policy prescribed in this section.

F. For the purposes of this section:

1. "Lawful health care services" means any health related service or treatment that
is permitted or not prohibited by law or regulation and that may be provided by persons
or businesses otherwise permitted to offer that service.

2. "Mode of securing" means to purchase directly, on credit or by trade, to
contract for third-party payment by insurance or other legal means authorized by this
state or to apply for or accept employer or government sponsored health care benefits
under any conditions that may legally be required as a condition of those benefits, or
any combination of these modes of purchase.

3. "Penalty" means a civil or criminal penalty or fine, a tax, salary or wage
withholding or surcharge, or any named fee with a similar effect that is established by
law or rule by a government established, created or controlled agency and that is used to
punish or discourage the exercise of rights protected pursuant to this section.