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HB2199
HOUSE OF REPRESENTATIVES
H.B. NO.
2199
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO HEALTH
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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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
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� -1
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Declaration of policy.
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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.
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� -2
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Coercion; interference; prohibitions.
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(a)
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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:
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(1)
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Bodily autonomy;
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(2)
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Make personal health care decisions; or
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(3)
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Accept or refuse any health or medical intervention,
testing, treatment, or vaccine based on the individual's own religious,
conscientious, or personal beliefs.
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(b)
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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.
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(c)
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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).
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(d)
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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.
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� -3
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Enforcement.
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(a)
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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."
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SECTION
2.
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(a)
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No later than
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, 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.
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(b)
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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.
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
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.