HB 2199: Health; Medical Treatment; Bodily Autonomy; Treatment; Rights

A BILL FOR AN ACT

RELATING TO HEALTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 19 to be appropriately designated and to read as follows:

"Chapter

RIGHTS TO BODILY AUTONOMY AND HEALTH CARE DECISION-MAKING

     §   -1  Declaration of policy.  The State recognizes the rights of each individual to bodily autonomy, to make personal health care decisions, and to be free to accept or refuse any health or medical intervention, testing, treatment, or vaccine based on the individual's own religious, conscientious, or personal beliefs.

     §   -2  Coercion; interference; prohibitions.  (a)  Notwithstanding any law to the contrary, the State or its agencies, subdivisions, instrumentalities, and designees; and all other employers, businesses, nonprofit organizations, institutions, facilities, schools, churches and other places of worship, travel carriers, licensing authorities, and other individuals and public and private and entities shall not deny, restrict, infringe upon, or impose conditions on an individual's right to:

     (1)  Bodily autonomy;

     (2)  Make personal health care decisions; or

     (3)  Accept or refuse any health or medical intervention, testing, treatment, or vaccine based on the individual's own religious, conscientious, or personal beliefs.

     (b)  No individual shall be denied, prohibited from, or required to accept limitations or conditions on the individual's employment, travel, education, child care, religious practice, benefits, insurance, or participation in sports, camps, or other recreation based in whole or in part on the exercise of the individual's rights under this chapter.

     (c)  Notwithstanding any law to the contrary, including any statute, rule, order, proclamation, or directive, emergency or otherwise, addressing any outbreak, epidemic, or potential outbreak or epidemic of a contagious, infectious, or communicable disease, each individual's rights to bodily autonomy shall be maintained pursuant to subsections (a) and (b).

     (d)  Nothing in this section shall be construed to interfere with the right of a parent to make decisions that the parent determines to be in the best interests of the parent's minor child or children.

     §   -3  Enforcement.  (a)  Any person who suffers damage, loss, or injury as a result of any conduct prohibited by section    -2 may bring an action in the appropriate circuit court against the individual or entity that engaged in the conduct for injunctive relief, compensatory and punitive damages, costs, reasonable attorney's fees, and other appropriate relief."

     SECTION 2.  (a)  No later than          , the department of health shall amend its rules relating to any required immunizations, physical examinations, medical testing, and other compulsory medical procedures, in compliance with this Act.

     (b)  The department of health shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2027 identifying and recommending amendments to any provisions of the Hawaii Revised Statutes that are inconsistent with this Act, including provisions requiring immunizations, physical examinations, medical testing, or other compulsory medical procedures.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Health; Medical Treatment; Bodily Autonomy; Treatment; Rights

Description:

Protects the right of bodily autonomy in health care decisions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.