Bills S1122 & H4151

Bill S.1122

SECTION 1. Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting the following new section:-“Section 183A.

(a) No person shall be compelled by law to acquiesce to medical treatments or procedures, collection of specimens, or sharing of personal data or medical information. A person’s fundamental rights to privacy, travel, and speech afforded under the United States Constitution shall not be infringed upon to impede the making of decisions for themselves or for their dependents, including, but not limited to, health and medical care, including complementary and alternative healthcare services, education, employment, travel, and lifestyle preferences.

(b) No employer shall terminate the employment of an employee solely on the basis of the employee’s choice to engage or not engage with medical treatment. An employee who is wrongfully terminated on these grounds may bring action for (i) an injunction against any further violation; (ii) appropriate affirmative relief, including, but not limited to, admission or reinstatement of employment with back pay plus 10 percent interest; and (iii) any other relief necessary to ensure compliance with this Act. Unless otherwise prescribed, any person or official who willfully violates a provision of this chapter is guilty of a violation of Title 42 USC 1983, and may be prosecuted to the fullest extent of the law.”

SECTION 2. This act shall take effect 60 days after its passage.

Bill H.4151

SECTION 1.

Chapter 12 of the General Laws is hereby amended by inserting after section 11J the following section:-Section 11J ½. 

(a) Every person has the inalienable right to bodily integrity, free from threat or compulsion to accept any unwanted intervention, including, but not limited to: medical treatments or procedures; physical or mental examinations; testing; experimental procedures, protocols, and devices; collection of specimens; participation in tracking or tracing programs; and sharing of personal data or medical information.The right to be secure in the ability to make personal decisions for themselves or for their dependents, including, but not limited to, health and medical care, including complementary and alternative healthcare services, education, daycare, employment, travel, religion, hobbies, entertainment, sports and other lifestyle preferences, shall not be infringed.

(b) A person whose rights under this section are violated may sue an employer, hospital or health care facility in district court in the county where the hospital, facility or institution is located for: (1) an injunction against any further violation; (2) appropriate affirmative relief, including, but not limited to, admission or reinstatement of employment with back pay plus 10 percent interest; and (3) any other relief necessary to ensure compliance with this section.

A violation of this section shall be a per se violation of section 11H.

SECTION 2. This act shall take effect 60 days after its passage.