Students Calling the Shots and their Right to Refuse Vaccines
Now it’s up to the Senate to decide: will adult students finally control their own vaccine choices, or will higher ed institutions keep calling the shots?
After watching countless hours of committee meetings over the past several weeks, one bill keeps standing out—HB 2058, which gives adult students in higher education the right to make their own vaccine choices. While healthcare-affiliated institutions continue to mandate a variety of vaccines, parents have stepped forward with compelling, often emotional stories about their children’s health and personal reasons for refusing additional vaccinations. The debate has exposed deep partisan divides, with Republicans championing personal freedom and Democrats warning of public health risks—echoing the broader vaccine battles that took center stage during the pandemic.
From Personal Experience to Policy: Lawmaker Pushes Legislation for Vaccine Choice
Arizona House Rep. Lisa Fink (R-LD27) introduced HB 2058 in the House Education Committee, explaining that the bill was inspired by personal experience—when her daughter was told she needed a rabies vaccine to attend school.
Across two committee meetings, multiple supporters of the bill advocating for adult student vaccine choice shared personal stories of their children being forced to take vaccines they didn’t want—just to access an education.
At the February 4th meeting, Arizona House Representative Nancy Gutierrez (D-LD18) pointed out that the bill, as written, only applied to K-12 students and didn’t cover adult students in higher education.
Fink pushed back, explaining that the bill was about giving adult students the right to make their own vaccine decisions. Still, she offered to revise it. By February 18th, the amended HB 2058 made things crystal clear, specifically naming higher education institutions—including Arizona public universities, community colleges, and career technical education districts that serve adult students.
A Lawmaker and a Mom: Having Navigated Vaccine Mandates During the Pandemic, She’s Fighting to Ensure Future Arizona Generations Have the Freedom to Choose
Arizona House Representative Michele Peña (R-LD23) explained her vote in favor of the bill, drawing from personal experience as a mother of a public school student during the pandemic. She recalled how the Arizona Interscholastic Association (AIA) imposed strict regulations on student-athletes.
"We're going to follow the CDC," stated former AIA Executive Director David Hines at the time. "If vaccinated, this is the protocol." In other words, vaccinated athletes who didn’t show symptoms could continue playing, while others faced restrictions.
The AIA’s official guidelines emphasized vaccines as the best defense against COVID-19, strongly recommending them for all eligible athletes. The rules, based on CDC updates as of July 16, 2021, outlined privileges for fully vaccinated individuals—including exemption from quarantine, travel restrictions, and mask mandates during team activities.
Peña’s stance highlights the lasting impact of these pandemic-era policies on students and families, reinforcing the debate over personal choice in healthcare decisions.
Rep. Peña (R-LD23) delivered a mic-drop moment.
During the February 18th AZ House Education Committee meeting, only one public speaker opposed the bill, but Peña’s pointed questions left the room with more than a few dropped jaws.
Debate Heats Up in AZ House as Democrats Dig in Against Vaccine Choice Bill During 3rd Reading
At the third reading of the bill in the Arizona House of Representatives, Rep. Nancy Gutierrez (D-LD18) voiced her dissatisfaction, pointing out a key omission. She noted that much of the testimony heard in committee focused on vaccine issues in private schools.
“So I'm surprised private schools weren't included in the strike-everything amendment,” Gutierrez remarked. “It doesn’t address the bad actors that have enforced problematic policies in private colleges and universities.”
Two other House Democrats spoke in opposition to HB 2058 before the vote.
Rep. Cesar Aguilar (D-LD26) shared a story about a friend who grew up during the polio era and has a hand that hangs as a lasting effect. According to Aguilar, his friend reflected on the stark contrast between past and present:
"I think it’s wild to live in this day when we were rushing for a polio vaccine to save all these children. And today, we went through a pandemic where people were dying due to COVID, and we’re on the opposite end of this."
Aguilar argued that misinformation and disinformation about vaccines harm the country, stating, "I do believe vaccines are important." He ultimately voted against the bill, which grants adult students in higher education the right to make their own vaccine choices.
Rep. Sarah Liguori (D-LD5) also voted no on HB 2058, citing the recent measles outbreak in Texas and New Mexico, where a child died in what she described as “an area where exemptions and under-vaccination run rampant.”
Liguori warned of the broader consequences of vaccine exemptions, stating:
"I fear for those—while they think that exemptions might be great and personal choice, we are now under the threshold for herd immunity. Meaning, you choosing not to get vaccinated is hurting all the people around you."
She further argued that allowing exemptions to spread unchecked undermines vaccine science and will lead to severe illness and death, particularly for children and the immunocompromised.
"We’re watching that play out in real time. I vote no.”
HB 2058 passed in the Arizona House during its third reading with a vote of 32-27-1.
THE MORE YOU KNOW.
Arizona's current immunization laws require students to provide proof of vaccinations to attend schools and child care facilities. However, exemptions are permitted for medical reasons, personal beliefs (for K-12 students), or religious beliefs (for preschool and child care attendees). To obtain an exemption, parents or guardians must submit a signed statement or a medical exemption form completed by a licensed physician or nurse practitioner.
House Bill 2058 (HB 2058) aims to enhance vaccine choice for adult students in Arizona's higher education institutions. The bill proposes amendments to Section 15-873 of the Arizona Revised Statutes, extending immunization exemptions to adult students attending public universities, community colleges, or career technical education districts. This legislative change would empower adult learners to make personal decisions regarding vaccinations without facing institutional mandates, thereby strengthening individual autonomy in health-related matters within the state's higher education system.
Now that HB 2058 has passed the Arizona House, it moves to the Arizona Senate for review. The bill will go through committee hearings before heading to the Senate floor for a vote. If it passes there, it will be sent to Governor Katie Hobbs, who can either sign it into law or veto it. Given past Democratic opposition, a veto is possible, but the bill’s fate will ultimately depend on negotiations and political dynamics in the Senate.