HB1350: HB1350 Georgia Medical Freedom Act; enact

26 LC 52 1026 House Bill 1350 By: Representatives Kahaian of the 81st, Byrd of the 20th, Jones of the 25th, Clark of the 100th, Barrett of the 24th, and others A BILL TO BE ENTITLED AN ACT To amend Title 31 of the Official Code of Georgia Annotated, re lating to health, so as to1 protect the rights of individuals to make autonomous decisions regarding medical2 interventions; to provide for definitions; to prohibit business entities from denying,3 restricting, or otherwise penalizing an individual's access to services, products, venues,4 education, training, trade, or transportation based on refusal of medical interventions; to5 prohibit business entities from requiring medical interventions as a condition of employment6 or contract work; to prohibit ticket issuers from discriminating or denying access based on7 an individual's refusal of medical interventions; to prohibit schools from mandating medical8 interventions; to prohibit government entities or officials fro m requiring medical9 interventions; to prohibit employers from providing differential compensation, benefits, or10 treatment based on medical interventions; to permit the requirement of personal protective11 equipment under certain conditions; to provide for enforcement; to prohibit contradiction by12 laws, rules, regulations, or policies; to prohibit exclusion based on medical interventions; to13 repeal the authority of the Department of Public Health and all county boards of health to14 require persons to submit to vaccinations or other measures to prevent contagious or15 infectious diseases; to provide for related matters; to provide a short title; to repeal16 conflicting laws; and for other purposes.17 H. B. 1350 - 1 - 26 LC 52 1026 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 SECTION 1.19 This Act shall be known and may be cited as the "Georgia Medical Freedom Act."20 SECTION 2.21 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in22 Chapter 2A, relating to the Department of Public Health, by adding a new article to read as23 follows:24 "ARTICLE 525 31-2A-80.26 As used in this article, the term:27 (1) 'Business entity' means a corporation, association, partnership, sole proprietorship,28 limited liability company, or other legal entity, whether organ ized for profit or not for29 profit.30 (2) 'Government entity' means an office, agency, authority, de partment, commission,31 board, body, division, instrument ality, or institution of the e xecutive, legislative, or32 judicial branch of the state government and any county, municip al corporation, or33 consolidated government within this state.34 (3) 'Medical intervention' means a medical procedure, treatment, device, drug, injection,35 medication, or medical action taken to monitor, diagnose, prevent, treat, or cure a disease36 or alter the health or biological function of a person. Such t erm includes but is not37 limited to masks, vaccines, biologics, swabs, tests including genetic and genomic testing,38 pills, capsules, creams, sprays, liquids, injections, chips, devices, and monitors.39 H. B. 1350 - 2 - 26 LC 52 1026 (4) 'School' means any licensed day care, preschool, or child care center; any public or40 private pre-kindergarten, elementary school, secondary school, technical school, trade41 school, vocational school, college, university, or institution of postsecondary education;42 or any other setting where education or training occurs.43 (5) 'Ticket issuer' means any individual or business entity th at issues, sells, or resells44 tickets of admission to athletic contests, concerts, theater pe rformances, amusements,45 exhibitions, or other entertainment events held in this state.46 31-2A-81.47 (a) No business entity shall deny, restrict, or otherwise penalize an individual's access to48 services, products, venues, education, training, trade, or tran sportation based on the49 individual's refusal of a medical intervention.50 (b) No business entity shall require a medical intervention as a condition of employment51 or contract work.52 (c) No ticket issuer shall discriminate against or deny access to any person at an event53 based on their status with respect to any medical intervention.54 (d) No school shall mandate a medical intervention for any per son to attend a class,55 meeting, or event at, enter the campus or buildings of, or be employed by such school. No56 school shall mandate a medical intervention for any person to attend or participate in any57 extracurricular activities, including, but not limited to, club s, performances, arts, or58 athletics.59 (e) No government entity or official shall require an individu al to use a medical60 intervention for any purpose, including, but not limited to, as a condition to:61 (1) Access to government services;62 (2) Receipt of licenses, permits, or benefits; 63 (3) Use of public buildings, facilities, infrastructure, or transportation; or64 (4) Employment or contract work.65 H. B. 1350 - 3 - 26 LC 52 1026 (f) No employer shall provide differential compensation, benefits, or treatment based on66 an employee's decision to accept or decline a medical intervention; provided, however, that67 employers may permit employees to take time off to obtain medical interventions.68 (g) Any requirements for medical interventions that are not disallowed under this article69 remain subject to applicable laws or legal precedent providing for or protecting exemptions70 and reasonable accommodations.71 (h)(1) A business entity or government entity may require an employee to use personal72 protective equipment as part of occupational safety standards, provided such73 requirements are consistent with state or federal law, includin g, but not limited to, the74 federal Occupational Safety and Health Act, and do not discriminate based on medical75 intervention status.76 (2) No individual shall be compelled to wear or otherwise be s ubjected to personal77 protective equipment for a specific purpose that is authorized solely under an emergency78 use authorization issued by the United States Food and Drug Administration.79 (i) Nothing in this article shall be construed to prevent compliance with child welfare laws80 of the state.81 31-2A-82.82 (a) The Attorney General of this state or a prosecuting attorn ey for a city, county, or83 consolidated government, upon receipt of complaint or upon his or her own initiative after84 an investigation shows a violation has occurred, is authorized to bring a civil action in any85 appropriate superior court to enforce the provisions of this article.86 (b) The court may grant as relief, as it deems appropriate, an y permanent or temporary87 injunction, temporary restraining order, or other order and may award reasonable attorney's88 fees and court costs.89 H. B. 1350 - 4 - 26 LC 52 1026 31-2A-83.90 (a) No law, administrative rule, regulation, or policy by any state or local government91 entity shall contradict this article.92 (b) The provisions of this article shall not be suspended, nullified, or otherwise disregarded93 during any declared emergency, public health crisis, or state of emergency issued by any94 local, state, or federal authority.95 31-2A-84.96 No otherwise healthy individual shall be excluded for private or public activities based on97 such individual having declined a medical intervention during a n outbreak or declared98 emergency, public health crisis, or state of emergency."99 SECTION 3.100 Said title is further amended in Chapter 12, relating to contro l of hazardous conditions,101 preventable diseases, and metabolic disorders, by revising Code Section 31-12-3, relating to102 power to require immunization and other preventive measures, as follows:103 "31-12-3.104 (a) The department and all county boards of health are empower ed to require, by105 appropriate rules and regulations, persons located within their respective jurisdictions to106 submit to vaccination against contagious or infectious disease where the particular disease107 may occur, whether or not the disease may be an active threat. The department may, in108 addition, require such other measures to prevent the conveyance of infectious matter from109 infected persons to other persons as may be necessary and appro priate. The department110 shall promulgate appropriate rules and regulations for the implementation of the provisions111 of this Code section in the case of a declaration of a public h ealth emergency and shall112 include provisions permitting consideration of the opinion of a person's personal physician113 as to whether the vaccination is medically appropriate or advisable for such person. Such114 H. B. 1350 - 5 - 26 LC 52 1026 rules and regulations shall be adopted pursuant to Chapter 13 o f Title 50, the 'Georgia115 Administrative Procedure Act,' but shall be automatically refer red by the Office of116 Legislative Counsel to the House of Representatives and Senate Committees on Judiciary.117 (b) In the absence of an epidemic or immediate threat thereof, this Code section shall not118 apply to any person who objects in writing thereto on grounds t hat such immunization119 conflicts with his religious beliefs. Reserved."120 SECTION 4.121 All laws and parts of laws in conflict with this Act are repealed.122 H. B. 1350 - 6 -