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Chapter 0113 - 572R - H Ver of HB2772
House Engrossed
license; driver;
nonoperating; medical indicia
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 113
HOUSE BILL 2772
AN
ACT
Amending sections 28-440, 28-3167
and 36-3251, Arizona Revised Statutes; relating to driver and nonoperating
identification licenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-440, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-440.
Definitions
In this article, unless the context otherwise requires:
1. "Bulk records" means multiple records
that are retrieved collectively from the department's database as a result of a
single request. Bulk records does not include retrieving one record
at a time from a single request.
2. "Duplicate" means a counterpart
produced by any of the following:
(a) The same impression or from the same matrix as
the original.
(b) Means of photography, including enlargements and
miniatures.
(c) Mechanical or electronic rerecording.
(d) Chemical reproduction.
(e) Any other equivalent technique that accurately
reproduces the original.
3. "Electronic signature" means an
electronic sound, symbol or process attached to or logically associated with a
document and executed or adopted by a person with the intent to sign the
document.
4. "Express consent" means consent in
writing, including consent that is conveyed electronically and that bears an
electronic signature.
5. "Highly restricted personal
information" means an individual's photograph or image, social security
number and medical or disability information.
6. "Insurance support organization" has
the same meaning prescribed in section 20-2102.
7. "Medical or disability information"
means a restriction or medical
code
indicator
placed on a person's motor vehicle record pursuant to section 28-3159,
subsection A, paragraph 1 or section 28-3167.
8. "Motor vehicle record" means any record
that pertains to a driver license or permit, vehicle registration, vehicle
title or identification document issued by the department or its duly
authorized third parties, agents or contractors that are authorized to issue
any of those documents.
9. "Opt in" means a customer of the
department has provided express consent to the department to allow the release
of the customer's personal information, including highly restricted personal
information, in a form prescribed by the director.
10. "Original":
(a) Of a record means the record itself or any
counterpart intended to have the same effect by the person executing or issuing
it.
(b) Of a photograph means the negative or a print
from the negative.
(c) Of data stored in a computer or similar device
means a printout or other output that is readable by sight and that is shown to
reflect the data accurately.
11. "Personal information" means
information that identifies an individual and that includes an individual's
photograph, social security number, driver identification number, name,
address, telephone number and medical or disability information. Personal
information does not include an individual's five-digit zip code and
information about vehicular accidents, driving violations and driver status.
12. "Photographs" includes still
photographs, x-ray films, videotapes, motion pictures and digitized
electronic images.
13. "Records" has the same meaning
prescribed in section 41-151.
14. "Vehicle history report" means a
report that is developed to track the registration and total loss history of a
particular vehicle and includes odometer readings and brand codes, title brand
codes and any related vehicle data. Vehicle history report does not include
names and addresses.
END_STATUTE
Sec. 2. Section 28-3167, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3167.
Indicator information on license; health care directive; living
wills; immunity
A. The department shall provide on each driver
license and on each nonoperating identification license a space where a
licensee may indicate that the licensee suffers from some type of adverse
medical condition using a medical
code prescribed by the
department
INDICATOR
if the licensee presents a
signed statement from a physician who is licensed pursuant to title 32, chapter
13, 14 or 17 or a registered nurse practitioner who is licensed pursuant to
title 32, chapter 15 stating that the person suffers from the condition.
B.
The department shall prescribe by
rule a medical code to identify the medical conditions using a system of
numerals or letters commonly accepted by the medical profession.
Except
for the purposes of entering the medical
code
indicator
on the driver license or nonoperating identification
license
, and unless the person affirmatively requests in writing
that the person wants the medical code as part of the computer record,
the department shall not maintain the medical
code
indicator
in the department computer after the department
issues the driver license or nonoperating identification license.
The person shall affirm to the department at each renewal of the
driver LICENSE or NONOPERATING IDENTIFICATION license that the MEDICAL
INDICATOR remains in effect for the licensee.
C. The department shall provide on
each driver license and on each nonoperating identification license a space
where a licensee may indicate that the licensee has
an
advanced health care directive, including a health care power of attorney as
prescribed by title 36, chapter 32, ARTICLE 2, a prehospital medical care
directive that fulfills the requirements of title 36, chapter 32, article 4
, a living will as prescribed by title 36, chapter 32, ARTICLE 5 or a
MENTAL health care power of ATTORNEY as prescribed by title 36, chapter 32,
article 6.
Except for the purposes of entering
the indicator on the driver license or nonoperating identification license, the
department may not maintain any document provided pursuant to this subsection
in the department's computer records after the department issues the driver
license or nonoperating identification license. The department is
not required to accept or interpret medical care directives that do not meet
the requirements of title 36, chapter 32. The licensee shall affirm to the
department at each renewal of the driver license or nonoperating identification
license that
an advanced health care directive, a
prehospital medical care directive
, a living will or a
mental health care power of attorney remains in effect for the licensee.
C.
D.
The
department and this state are exempt from liability for damages from the use of
medical code
INDICATOR
information
provided on a license pursuant to this section.
END_STATUTE
Sec. 3. Section 36-3251, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-3251.
Prehospital medical care directives; form; effect; immunity;
definitions
A. Notwithstanding any law or a
health care directive to the contrary, a person may execute a prehospital
medical care directive that, in the event of cardiac or respiratory arrest,
directs the withholding of cardiopulmonary resuscitation by emergency medical
system
personnel,
hospital emergency department
personnel
and, as provided in subsection L of this section, direct care
staff persons
. For the purposes of this article,
"cardiopulmonary resuscitation"
includes
cardiac
compression, endotracheal intubation and other advanced airway management,
artificial ventilation, defibrillation, administration of advanced cardiac life
support drugs and related emergency medical
procedures. Authorization for the withholding of cardiopulmonary
resuscitation does not include the withholding of other medical interventions,
such as intravenous fluids, oxygen or other therapies deemed necessary to
provide comfort care or to alleviate pain.
B. A prehospital medical care
directive shall be printed on an orange background and may be used in either
letter or wallet size. The directive shall be in the following form:
Prehospital Medical Care Directive
(side one)
In the event of cardiac or respiratory
arrest, I refuse any resuscitation measures, including cardiac compression,
endotracheal intubation and other advanced airway management, artificial
ventilation, defibrillation, administration of advanced cardiac life support
drugs and related emergency medical procedures.
Patient: ______________________ date:
________________
���� (Signature or mark)
Attach recent photograph here or provide all
of the following information below:
Date of birth ________ sex _____
Eye color ________ hair color ______ race
______
Hospice program (if any)
_____________________________
Name and telephone number of patient's
physician ����� ______________________________________________________
(side two)
I have explained this form and its
consequences to the signer and obtained assurance that the signer understands
that death may result from any refused care listed above.
________________________________ date
__________
�
(Licensed health care provider)
I was present when this was signed (or
marked). The patient then appeared to be of sound mind and free from
duress.
________________________________ date
___________
������
(Witness)
C. A person who has a valid
prehospital medical care directive pursuant to this section may wear an
identifying bracelet on either the wrist or the ankle. The bracelet shall be
substantially similar to identification bracelets worn in hospitals. The
bracelet shall be on an orange background and state the following in bold type:
Do Not Resuscitate
Patient:
_________________________________________
Patient's physician: _____________________________
D. If the person has designated an
agent to make health care decisions under section 36-3221 or has been
appointed a guardian for health care decisions pursuant to title 14, that agent
or guardian shall sign if the person is no longer competent to do so.
E. A prehospital medical care
directive is effective until it is revoked or superseded by a new document.
F. Emergency medical system
personnel,
hospital emergency department personnel
,
and
direct care staff persons
and any civilian bystanders
who make a good
faith effort to identify the patient and who rely on an apparently genuine
directive
,
an indicator as
prescribed in section 28-3167 on the patient's driver license or
nonoperating identification license
or
a ph
otocopy
of a directive
on orange paper are
immune from liability to the same extent and under the same conditions as
prescribed in section 36-3205. If a person has any doubt as to the
validity of a directive or the medical situation, that person shall proceed
with resuscitative efforts as otherwise required by law. Emergency medical
system personnel
and direct care staff persons
are not
required to accept or interpret medical care directives that do not meet the
requirements of this section.
G. In the absence of a physician, a
person without vital signs who is not resuscitated pursuant to a prehospital
medical care directive may be pronounced dead by any peace officer of this
state, a professional nurse licensed pursuant to title 32, chapter 15 or an
emergency medical technician certified pursuant to this title.
H. This section does not apply to
situations involving mass casualties
or to medical emergencies involving
children and adults with disabilities in public or private schools that are not
licensed health care institutions as defined in section 36-401.
I. After being notified of a death
by emergency medical system personnel, the person's physician or the county
medical examiner is then responsible for signing the death certificate.
J. The office of emergency medical
services in the department of health services shall print prehospital medical
care directive forms and make them available to the public. The department may
charge a fee that covers the department's costs to prepare the form. The
department and its employees are immune from civil liability for issuing
prehospital medical care directive forms that meet the requirements of this
section. A person may use a form that is not prepared by the department of
health services if that form meets the requirements of this section. If an
organization distributes a prehospital medical care directive form that meets
the requirements of this section, that organization and its employees are also
immune from civil liability.
K. Any prehospital medical care
directive prepared before April 24, 1994 is valid if it was valid at the
time it was prepared.
L. A direct care staff person may comply with a
prehospital medical care directive pursuant to this section if the physician of
the person who has the valid prehospital medical care directive has ordered a
hospice plan of care.
M. The department of economic security or the
Arizona health care cost containment system administration may prescribe
guidance for training and education of direct care staff persons regarding the
requirements of this section.
N.
For the purposes of this section
:
1. "Direct care staff person" means a
person who is employed or contracted to provide direct services pursuant to
title 36, chapter 5.1.
2.
"Emergency medical system
personnel" includes emergency medical technicians at all levels who are
certified by the department of health services and medical personnel who are
licensed by this state and who are operating outside of an acute care hospital
under the direction of an emergency medical system agency recognized by the
department of health services.
END_STATUTE
Sec. 4.
Legislative intent
The legislature intends that the
department of transportation coordinate with the Arizona health care directives
registry established pursuant to section 36-3291, Arizona Revised
Statutes, to implement this act and to advance public awareness of advanced
health care directives and the Arizona health care directives registry.
Sec. 5.
Effective date
This act is effective from and after
December 31, 2026.
APPROVED BY THE GOVERNOR JUNE 4, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.