HB 220 - AS AMENDED BY THE SENATE

 

7Apr2021... 0575h

05/27/2021   1595s

 

2021 SESSION

21-0206

10/06

 

HOUSE BILL 220

 

AN ACT relative to medical freedom in immunizations and establishing a committee to examine the policy of medical intervention including 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

 

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AMENDED ANALYSIS

 

This bill states the rights for medical freedom in immunizations.  The bill also establishes a committee to examine the policy of medical intervention including immunizations.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

05/27/2021   1595s 21-0206

10/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to medical freedom in immunizations and establishing a committee to examine the policy of medical intervention including immunizations.

 

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

 

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

141-C:1-a  Medical Freedom in Immunizations.

I.  Every person has the natural, essential, and inherent right to bodily integrity, free from any threat or compulsion by government to accept an immunization.  Accordingly, no person may be compelled to receive an immunization for COVID-19 in order to secure, receive, or access any public facility, any public benefit, or any public service from the state of New Hampshire, or any political subdivision thereof, including but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities.

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.

(e)  Apply to county nursing homes, the New Hampshire state hospital, or any other medical facility or provider operated by the state of New Hampshire or any political subdivision identified in paragraph I.

III.  The department of corrections may mandate medical treatment or immunization for inmates when a direct threat exists as defined in 28 CFR section 36.208.

2  Committee Established.  There is established a committee to examine the policy of medical intervention including immunizations..

I.  The members of the committee shall be as follows:

(a)  Two members of the senate, including one member of the minority party, appointed by the president of the senate.

(b)  Four members of the house of representatives, including 2 members of the minority party, appointed by the speaker of the house of representatives.  

? II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III.  The committee shall examine the policy of medical intervention including immunizations..

IV.  The members of the committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Four members of the committee shall constitute a quorum.

V.  The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 2021.

3  Effective Date.  This act shall take effect upon its passage.