informed consent; signatures

Plain English Breakdown

The official source material does not provide specific information about fiscal impacts or enforcement mechanisms, leaving some uncertainties in the bill's implementation.

Informed Consent and Signatures for Surgery

This bill requires that informed consent forms for surgeries include signatures from the patient, a witness, and the healthcare provider unless it's an emergency situation.

What This Bill Does

• Requires doctors, nurse practitioners, or physician assistants to get signed informed consent before doing surgery on someone who is not in an emergency situation.
• Allows a person chosen by the patient (like a family member) to sign for the patient if they can't do it themselves.
• Needs a witness to confirm that the patient agreed to the surgery if the patient or their chosen person can't physically sign the form.
• Defines what counts as a 'surgical procedure' based on what doctors are trying to fix, heal, or diagnose.

Who It Names or Affects

• Patients who need surgeries
• Doctors and other healthcare providers who perform surgeries

Terms To Know

Informed consent

When a patient agrees to medical treatment after being told about the risks, benefits, and alternatives.

Surrogate decision maker

A person chosen by someone else to make decisions when that person can't do it themselves.

Limits and Unknowns

• The bill does not specify what happens if a patient or their surrogate cannot sign the form.
• It is unclear how this will affect emergency situations where quick action is needed.
• There are no details on how healthcare facilities will enforce these requirements.

Official Summary Text

SB1017 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1017

informed consent;
signatures

Purpose

Requires, except in an emergency, informed consent obtained by a licensed
physician, nurse practitioner (NP) or physician assistant (PA) for a surgical
procedure to include the dated signatures of the patient, a witness and the
physician, NP or PA providing the health care service.

Background

Consent is informed if the person giving the consent has been informed of
and comprehends the nature, purpose, consequences, risks and benefits of the
alternatives to the procedure, and has been informed and comprehends that
withholding or withdrawing consent will not prejudice the future provision of
care and services to the client. In cases of unusual or hazardous treatment,
experimental research, organ transplantation and nontherapeutic surgery,
consent is informed if, in addition to the foregoing, the person giving the
consent has been informed of and comprehends the method to be used in the
proposed procedure (
A.R.S �
36-551
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Requires,
except in an emergency, informed consent obtained by a licensed physician, NP
or PA for a surgical procedure to include the dated signatures of the patient,
a witness and the physician, NP or PA providing the service.

2.

Allows
a patient's surrogate decision maker to sign an informed consent form in place
of the patient.

3.

Requires,
if a patient or a patient's surrogate decision maker is physically unable to
sign or mark an informed consent form for a surgical procedure, a witness to
verify on the form that the patient directly indicated the intent to consent to
the procedure.

4.

Defines

surgical procedure
as the excision of or incision in a patient's body
for any of the following:

a)

the correction of a deformity or defect;

b)

the repair of an injury; or

c)

�the diagnosis, amelioration or cure of a disease.

5.

Specifies
that the informed consent witness signature requirement is pursuant to a health
care facility's policies, if applicable.

6.

Becomes
effective on the general effective date.

Prepared by Senate Research

January 30, 2026

MM/MS/hk

Current Bill Text

SB1017 - 572R - S Ver

Senate Engrossed

informed consent;
signatures

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1017

AN
ACT

amending
title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section
32-3228.01; relating to health professionals.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 32, chapter 32, article 1,
Arizona Revised Statutes, is amended by adding section 32-3228.01, to read:

START_STATUTE
32-3228.01.

Informed consent; surgical procedures; signature requirements;
definition

A. Except in an emergency, Informed
consent for a surgical procedure

obtained by a physician who is licensed pursuant to chapter 13 or 17
of this title, a nurse practitioner who is licensed pursuant to chapter 15 of
this title or a physician assistant who is licensed pursuant to chapter 25 of
this title shall include the signatures of the physician, nurse practitioner or
physician assistant who is performing the surgical procedure, the patient or
the patient's surrogate decision maker pursuant to section 36-3231 and a
witness, as required by the health care facility's policies, if applicable, and
the date.

B. If a patient or a patient's
surrogate decision maker pursuant to section 36-3231 is physically unable
to sign or mark an informed consent, a witness shall verify on the document
that the patient or the patient's surrogate decision maker directly indicated
to the witness that the patient intended to consent to the surgical procedure.

C. For the purposes of this section,
"surgical procedure" means the excision of or incision in a patient's
body for any of the following:

1. The correction of a deformity or
defect.

2. The repair of an injury.

3. The
diagnosis, amelioration or cure of a disease.
END_STATUTE