Kupper Writes Bill Nixing Mandatory EUA Product Use

Nick Kupper (R-25), a freshman representative from Buckeye, Arizona, introduced House Bill 2012 (HB 2012) in the Fifty-seventh Legislature’s First Regular Session. The bill prohibits employers, government entities, and healthcare entities from requiring employees to use products authorized for emergency use, such as certain medical devices or drugs, as a condition of employment.

The new legislator believes, “Regardless of federal law on the issue, if we are to ensure we exercise our state rights then we need to clearly lay out our citizen’s rights when it comes to unapproved medical devices, products and/drugs.”

Key Provisions of HB 2012 (Similar language exists for government and healthcare entities):

“AN EMPLOYER MAY NOT REQUIRE THE ADMINISTRATION OF AN EMERGENCY USE PRODUCT AS DEFINED IN SECTION 564 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT (21 UNITED STATES CODE SECTION 360bbb-3) TO THE EMPLOYER’S EMPLOYEES OR AS A CONDITION OF EMPLOYMENT.”

Kupper, who retired from the U.S. Air Force in August 2023 after nearly 20 years of service, has been a vocal advocate for individual liberties, particularly concerning medical freedom. His personal experience with vaccine mandates during his military service has significantly influenced his legislative priorities.

In his statement to the Globe, Kupper emphasized the importance of individual choice regarding medical interventions, especially those authorized under an “Emergency Use Authorization” (EUA). Nobody should be mandated to take or use any product, device, or drug that has not been approved by the FDA,” he said.

He also noted that while 21 U.S. Code addresses the option to refuse EUA products, the language is not as explicit as it should be. As a result, the federal government has violated the rules in the past. Kupper believes that Arizona needs to clearly define and preserve its citizens’ rights concerning unapproved medical devices, products, and drugs.

“Ever since EUA was created as a new FDA category in the early 2000s, we haven’t had clear enough laws on how they can be used,” he said.

HB 2012 reflects Kupper’s broader commitment to safeguarding individual liberties, a central theme for the lawmaker. “We’re a nation founded on those [individual liberties] and we have allowed them to be chipped away at an ever increasing rate,” added Kupper.

Kupper married his high school sweetheart when he was 19 and enlisted in the Air Force two months after high school. He has five children, including an adopted child from Armenia.

FUN FACT: Kupper was once a contestant on the television show American Ninja Warrior.