HB2179 - Air ambulance services

House Engrossed air ambulance services State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 CHAPTER 51 HOUSE BILL 2179 AN ACT Amending sections 12-516, 13-2929, 32-1471, 36-661, 36-2201, 36-2202, 36-2203, 36-2204, 36-2204.02 and 36-2209, Arizona Revised Statutes; amending section 36-2212, Arizona Revised Statutes, as amended by laws 2025, chapter 212, section 1; repealing section 36-2212, Arizona Revised Statutes, as amended by laws 2025, chapter 212, section 2; amending sections 36-2213, 36-2215, 36-2216, 36-2217, 36-2226.02, 36-2230, 36-2232, 36-2239, 36-2245, 36-2264, 36-2907, 36-2989, 41-1831 and 41-2407, Arizona Revised Statutes; relating to emergency medical services. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-516, Arizona Revised Statutes, is amended to read: START_STATUTE 12-516. Emergency declaration for a public health pandemic; health professionals; health care institutions; immunity; burden of proof; presumption; applicability; definitions A. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be caused by the health professional's or health care institution's action or omission while providing health care services in support of this state's response to the state of emergency declared by the governor unless it is proven by clear and convincing evidence that the health professional or health care institution failed to act or acted and the failure to act or action was due to that health professional's or health care institution's wilful misconduct or gross negligence. B. Subsection A of this section applies to any action or omission that is alleged to have occurred during a person's screening, assessment, diagnosis or treatment and that is related to the public health pandemic that is the subject of the state of emergency or any action or omission that occurs in the course of providing a person with health care services and that is unrelated to the public health pandemic that is the subject of the state of emergency if the health professional's or health care institution's action or omission was in good faith support of this state's response to the state of emergency, including any of the following: 1. Delaying or canceling a procedure that the health professional determined in good faith was a nonurgent or elective dental, medical or surgical procedure. 2. Providing nursing care or procedures. 3. Altering a person's diagnosis or treatment in response to an order, directive or guideline that is issued by the federal government, this state or a local government. 4. An act or omission undertaken by a health professional or health care institution because of a lack of staffing, facilities, equipment, supplies or other resources that are is attributable to the state of emergency and that render renders the health professional or health care institution unable to provide the level or manner of care to a person that otherwise would have been required in the absence of the state of emergency. C. A health professional or health care institution is presumed to have acted in good faith if the health professional or health care institution relied on and reasonably attempted to comply with applicable published guidance relating to the public health pandemic that was issued by a federal or state agency. This subsection does not prohibit a party from introducing any other evidence that proves the health professional or health care institution acted in good faith. D. In the case of a claim against a nursing care institution or residential care institution , where in which the care in question did not directly relate to the public health pandemic, the burden is on the facility to prove that the act or omission was a direct result of having to provide care to patients needing treatment for the pandemic or due to limitations in equipment, supplies or staff caused by the pandemic. E. This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor. F. This section does not apply to any claim that is subject to title 23, chapter 6. G. For the purposes of this section: 1. "Health care institution" has the same meaning prescribed in section 36-401 and includes an ambulance service as defined in section 36-2201. 2. "Health professional": ( a ) Has the same meaning prescribed in section 32-3201 . and ( b ) Includes an air ambulance attendant and ambulance attendant as defined in section 36-2201. END_STATUTE Sec. 2. Section 13-2929, Arizona Revised Statutes, is amended to read: START_STATUTE 13-2929. Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; exception; classification A. It is unlawful for a person who is in violation of a criminal offense to: 1. Transport or move or attempt to transport or move an alien in this state, in furtherance of the illegal presence of the alien in the United States, in a means of transportation if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law. 2. Conceal, harbor or shield or attempt to conceal, harbor or shield an alien from detection in any place in this state, including any building or any means of transportation, if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law. 3. Encourage or induce an alien to come to or reside in this state if the person knows or recklessly disregards the fact that such coming to, entering or residing in this state is or will be in violation of law. B. A means of transportation that is used in the commission of a violation of this section is subject to mandatory vehicle immobilization or impoundment pursuant to section 28-3511. C. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States CONSTITUTION or Arizona Constitution. D. In the enforcement of this section, an alien's immigration status may be determined by: 1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status. 2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c). E. This section does not apply to a child safety worker acting in the worker's official capacity or a person who is acting in the capacity of a first responder, an ambulance attendant , an air ambulance attendant or an emergency medical technician and who is transporting or moving an alien in this state pursuant to title 36, chapter 21.1. F. A person who violates this section is guilty of a class 1 misdemeanor and is subject to a fine of at least one thousand dollars $1,000 , except that a violation of this section that involves ten or more illegal aliens is a class 6 felony and the person is subject to a fine of at least one thousand dollars $1,000 for each alien who is involved. END_STATUTE Sec. 3. Section 32-1471, Arizona Revised Statutes, is amended to read: START_STATUTE 32-1471. Health care providers; other persons; emergency aid; nonliability Any health care provider who is licensed or certified to practice as such in this state or elsewhere, or a licensed ambulance attendant, air ambulance attendant, driver or ambulance pilot as defined in section 41-1831 , or any other person who renders emergency care at a public gathering or at the scene of an emergency occurrence gratuitously and in good faith shall IS not be liable for any civil or other damages as the result of any act or omission by such the person rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured persons, unless such the person, while rendering such emergency care, is guilty of gross negligence. END_STATUTE Sec. 4. Section 36-661, Arizona Revised Statutes, is amended to read: START_STATUTE 36-661. Definitions In this article, unless the context otherwise requires: 1. "Acquired immune deficiency syndrome" has the same meaning as defined by the centers for disease control of the United States public health service. 2. "Capacity to consent" means a person's ability, determined without regard to the person's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure and to make an informed decision concerning that service, treatment or procedure. 3. "Child" means an unemancipated person who is under eighteen years of age. 4. "Communicable disease" means a contagious, epidemic or infectious disease that is required to be reported to the local board of health or the department pursuant to chapter 1 of this title and this chapter. 5. "Communicable disease related information" means information regarding a communicable disease that is in the possession of a person who provides health services or who obtains the information pursuant to the release of communicable disease related information. 6. "Contact" means a spouse or sex partner of a protected person, a person who has shared hypodermic needles or syringes with a protected person or a person who is otherwise exposed to a protected person with a communicable disease in a manner that poses an epidemiologically significant risk of transmission of that disease. 7. "Department" means the department of health services . 8. "Director" means the director of the department of health services. 9. "First responder" means a law enforcement officer, a firefighter , an air ambulance attendant as defined in section 36-2201 or an ambulance attendant as defined in section 36-2201. 10. "Good Samaritan" means a person who renders emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency and who believes that a significant exposure risk occurred while the person rendered care or assistance. 11. "Health care decision maker" has the same meaning prescribed in section 12-2801. 12. "Health care provider" means a physician, nurse or other person involved in providing health services. 13. "Health facility" means a health care institution as defined in section 36-401, a blood bank, blood center, milk bank, sperm bank, organ or tissue bank or clinical laboratory or a health care services organization holding a certificate of authority pursuant to section 20-1054. 14. "Health service" means public or private care, treatment, clinical laboratory tests, counseling or educational service for adults or children and acute, chronic, custodial, residential, outpatient, home or other health care or activities related to the detection detecting , reporting, prevention preventing and control of controlling communicable or preventable diseases. 15. "HIV" means the human immunodeficiency virus. 16. "HIV infection" means infection with the human immunodeficiency virus or a related virus identified as a probable causative agent of acquired immune deficiency syndrome. 17. "HIV-related illness" means an illness that may result from or be associated with HIV infection. 18. "HIV-related information" means information concerning whether a person has had an HIV-related test or has an HIV infection, an HIV-related illness or acquired immune deficiency syndrome and includes information that identifies or reasonably permits allows identification of that person or the person's contacts. 19. "HIV-related test" means a laboratory test or series of tests for the virus, components of the virus or antibodies to the virus thought to indicate the presence of HIV infection. 20. "Occupational significant exposure risk" means a significant exposure risk that occurs in the performance of a health care provider's professional duties or a first responder's official duties. 21. "Protected person" means a person who takes an HIV-related test or who has been diagnosed as having an HIV infection, acquired immune deficiency syndrome, an HIV-related illness or another communicable disease. 22. "Significant exposure risk" means contact with another person in a manner that, if the other person has a communicable disease, poses an epidemiologically significant risk of transmission of that disease as determined by the department. END_STATUTE Sec. 5. Section 36-2201, Arizona Revised Statutes, is amended to read: START_STATUTE 36-2201. Definitions In this chapter, unless the context otherwise requires: 1. "Administrative medical direction" means supervision of emergency medical care technicians by a base hospital medical director, administrative medical director or basic life support medical director. For the purposes of this paragraph, "administrative medical director" means a physician who is licensed pursuant to title 32, chapter 13 or 17 and who provides direction within the emergency medical services and trauma system. 2. "Advanced emergency medical technician" means a person who has been trained in an advanced emergency medical technician program certified by the director or in an equivalent training program and who is certified by the director to render services pursuant to section 36-2205. 3. "Advanced life support" means the level of assessment and care identified in the scope of practice approved by the director for the advanced emergency medical technician, emergency medical technician I-99 and paramedic. 4. "Advanced life support base hospital" means a health care institution that offers general medical and surgical services, that is certified by the director as an advanced life support base hospital and that is affiliated by written agreement with a licensed ambulance service, air ambulance service, municipal rescue service, fire department, fire district or health services district for medical direction, evaluation and control of emergency medical care technicians. 5. "Air ambulance" means any publicly or privately owned aircraft that is certificated under 14 Code of Federal Regulations part 135, that contains a stretcher and [Text truncated for display. Full text available on LegiScan.]