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Bill H.2376
Section 1. Notwithstanding any general or special law to the contrary:
(a) No public entity, including but not limited to state agencies, municipalities, public schools, colleges, or universities, shall mandate or compel any individual to undergo any medical procedure, including vaccination, by:
(1) Exclusion from services, facilities, benefits, or privileges, (2) Imposition of fines or penalties, (3) Threat of legal action, (4) Any other form of coercion or adverse action.
(b) Exception for Schools. Public schools may require vaccinations for enrollment provided:
(1) The vaccine has received full approval from the U.S. Food and Drug Administration (FDA) for at least three (3) years.
(2) Exemptions are available and recognized for:
(i) Religious beliefs. (ii) Conscientious objections, where individuals have a sincerely held belief against the procedure.
Section 2. Restrictions on Private Entities
(a) No private entity shall require vaccination as a condition of employment unless:
(1) The vaccine has been fully approved by the FDA for at least three (3) years.
(b) Liability for Private Entities. Private entities that mandate vaccinations under conditions not meeting the criteria in Section 2(a) shall be liable in civil court for any damages or injuries directly resulting from such vaccination requirements. This liability includes:
(1) Actual damages for any injury or health deterioration caused by the vaccine. (2) Medical expenses related to such injuries. (3) Loss of employment or income if the mandate leads to termination or resignation.
Section 3. Definitions
As used in this act, the following words shall have the following meanings unless the context clearly requires otherwise:
(a) "Medical Procedure" means any act or intervention performed for the purpose of altering one's health status or physical condition, including but not limited to vaccinations, surgical procedures, or drug treatments.
(b) "Fully Approved" refers to vaccines that have received full licensure from the FDA, distinct from emergency use authorization.
Section 4. Enforcement
(a) The Attorney General of Massachusetts shall enforce this act and may seek injunctive relief against any public or private entity violating its provisions.
(b) Private individuals may also bring civil actions for violations of this act, seeking damages or injunctive relief.
Section 5. Public Education
The Department of Public Health shall be responsible for educating the public about their rights under this act, including the availability of exemptions and the implications of vaccine mandates.
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