THE SENATE	S.B. NO.	2270
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to medical autonomy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that vaccines are said to reduce the risk of infection by working with the body's natural defenses to develop immunity to certain diseases. While vaccines may be safe and effective for many individuals, like all pharmaceutical products, they may also carry risk of injury, death, and failure to prevent infection in others. Vaccination, however, continues to be encouraged for all people and is required for child daycare, school enrollment, and employment at specific jobs.

The legislature further finds that individuals may object to vaccines for medical and religious reasons. Additionally, some individuals may object to one, some, or all vaccines based on moral conscientious alone. After consideration of family and individual medical histories, vaccine ingredients, potential adverse reactions listed in the manufacturer's package inserts, and the universal statement that such vaccine "has not been evaluated for its carcinogenic or mutagenic potential or impairment of infertility", individuals and parents of minor children should have the freedom to make an informed and voluntary risk-benefit decision.

Informed consent to medical risk-taking has been the central ethical principle guiding modern medicine since the Nuremberg code was issued by the Nuremberg tribunal after World War II. Implicit to the concept of informed consent is the right to decline consent or, in the case of vaccination laws, the right to exercise a conscientious exemption to the mandatory use of one or more vaccines without penalty, exclusion, or harassment. Currently, nearly twenty states allow for a conscientious exemption to mandatory vaccination. This Act would allow Hawaii to join with those states protecting the fundamental human right to bodily sovereignty and medical autonomy.

The purpose of this Act is to allow conscientious beliefs as sufficient grounds for exemption to any vaccination requirements in the State.

SECTION 2. Section 302A-1156, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1156 Exemptions. A child may be exempted from the required [immunizations:] vaccination:

(1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the child is such that [immunizations would] the administration of one or any combination of vaccinations could endanger the child's life or health; or

(2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to [immunization] vaccination in writing on the grounds that the [immunization] vaccination conflicts with that person's [bona fide] sincere religious [tenets and practices.] or conscientious beliefs. Upon showing the appropriate school official [satisfactory evidence of the exemption,] the statement of religious or conscientious exemption, no certificate or other evidence of [immunization] vaccination shall be required for entry into school."

SECTION 3. Section 302A-1157, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1157[]] Exemptions from [immunization; not recognized;] vaccination; epidemic conditions. If at any time [there is], in the opinion of the department of health, there is danger of an epidemic from [any of the] a communicable [diseases for] disease:

(1) For which [immunization] vaccination is required under sections 302A-1154 to 302A-1163[, no exemption from immunization against the disease shall be recognized. Quarantine shall be a legal alternative to immunization.];

(2) That carries a risk of high morbidity or mortality; or

(3) The vaccine in use is not fully effective,

quarantine shall be a legal alternative to vaccination, and both vaccinated and unvaccinated persons may be quarantined in the least restrictive means necessary to protect public health; provided that the first option for quarantine of an individual shall be in that individual's legal place of residence."

SECTION 4. Section 325-34, Hawaii Revised Statutes, is amended to read as follows:

"§325-34 Exemptions. (a) Section 325-32 shall be construed not to require the vaccination [or immunization] of any person [for three months] after a duly licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health has signed two copies of a certificate stating the name and address of the person and that because of a stated cause the health of the person [would] could be endangered by the vaccination [or immunization], and has forwarded the original copy of the certificate to the person or, if the person is a minor or under guardianship, to the person's parent or guardian, and has forwarded the duplicate copy of the certificate to the department for its files.

(b) No person shall be subjected to vaccination[,] or revaccination [or immunization,] for any reason, including employment, who shall in writing object thereto on the grounds that the requirements [are not in accordance with the] conflict with their sincere religious [tenets of an established church of which the person is a member or adherent,] or conscientious beliefs, or, if the person is a minor or under guardianship, whose parent or guardian shall in writing object thereto on such grounds[, but no objection shall be recognized when,]. If in the opinion of the director of health, there is danger of an epidemic from any communicable, vaccine targeted disease[.] that carries a risk of high morbidity or mortality, or the vaccine in use is not fully effective, quarantine shall be a legal alternative to vaccination, and both vaccinated and unvaccinated persons may be quarantined in the least restrictive means necessary to protect public health, with the first option being in their homes."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Vaccinations; Exemptions

Description:

Authorizes conscientious beliefs as a basis for exemption from vaccination requirements. Requires that the first option for quarantine of an individual be quarantined inside that individual's residence.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.