HB 220 - AS AMENDED BY THE HOUSE

 

7Apr2021... 0575h

2021 SESSION

21-0206

10/06

 

HOUSE BILL 220

 

AN ACT establishing medical freedom in immunizations.

 

SPONSORS: Rep. Lang, Belk. 4; Rep. Nunez, Hills. 37; Rep. Rouillard, Hills. 6; Rep. Pearl, Merr. 26; Rep. Binford, Graf. 15; Rep. Harvey-Bolia, Belk. 4; Rep. Rice, Hills. 37; Rep. Notter, Hills. 21; Rep. Bordes, Belk. 3; Rep. Pauer, Hills. 26; Sen. Avard, Dist 12

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill establishes the policy for medical freedom in immunizations for communicable diseases.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0575h 21-0206

10/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT establishing medical freedom in immunizations.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Communicable Disease; Medical Freedom. Amend RSA 141-C by inserting after section 1 the following new section:

141-C:1-a.  Medical Freedom.  

I.  Every person has the natural, essential, and inherent right to bodily integrity, free from any threat or compulsion that the person accepts any medical intervention, including immunization.  No person may be compelled to receive an unwanted medical intervention, including immunization.

II.  Paragraph I shall not:

(a)  Limit the commissioner's authority to order treatment pursuant to RSA 141-C:15 or RSA 141-C:18, nor to order quarantine pursuant to RSA 141-C:11 or RSA 141-C:18.

(b)  Supersede the requirement for vaccination as a prerequisite for admission to a school or child care agency pursuant to RSA 141-C:20-a II.

(c)  Supersede the involuntary emergency admission process pursuant to RSA 135-C:27-33; the revocation of conditional discharge process under RSA 135-C:51; or involuntary treatment of patients compliant with RSA 135-C:57 III.

(d)  Limit treatment authorized by a guardian over a person; or short term treatment of a personal safety emergency declared by a licensed physician or nurse practitioner in a psychiatric care setting, or authorized by a surrogate decision maker or durable power of attorney for health care delegated by the person while competent to make decisions for them during periods when they are not competent, pursuant to RSA 137-J.

III.  Employers may only mandate medical treatment or immunization as a condition of employment when a direct threat exists as defined in 29 CFR 1630.2(r).  The department of corrections may mandate medical treatment or immunization for inmates when a direct threat exists as defined in 29 CFR 1630.2(r).

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