Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1094 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2014 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1094
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick M. O'Connor
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to bodily autonomy and family integrity.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and NorfolkRyan C. FattmanWorcester and Hampden2/27/2023F. Jay Barrows1st Bristol3/3/2023 1 of 2
16	16	SENATE DOCKET, NO. 2014 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1094
18	18	By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1094) of Patrick M. O'Connor,
19	19	Ryan C. Fattman and F. Jay Barrows for legislation relative to bodily autonomy and family
20	20	integrity. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1122 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to bodily autonomy and family integrity.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 111 of the General Laws, as so appearing, is hereby amended by
32	32	2inserting the following new section:
33	33	3 “Section 183A.
34	34	4 (a) Definitions - The following words used in this section shall have the following
35	35	5meanings unless the context clearly requires otherwise:
36	36	6 “Non-invasive”, a test or treatment in which the body is not penetrated or entered by a
37	37	7needle, tube, device, swab, or scope, or one in which no substance is administered orally or
38	38	8otherwise. 2 of 2
39	39	9 (b) No person shall be compelled to acquiesce to medical treatments or procedures,
40	40	10collection of specimens, or sharing of personal data or medical information. A person’s
41	41	11fundamental rights including privacy, travel, and speech afforded under the United States
42	42	12Constitution shall not be infringed upon to impede the making of decisions for themselves or for
43	43	13their dependents, including, but not limited to, decisions about health and medical care, including
44	44	14complementary and alternative healthcare services, education, employment, travel, and lifestyle
45	45	15preferences.
46	46	16 (c) No employer shall decline to hire, or terminate the employment of, a person solely on
47	47	17the basis of the person’s choice to engage or not engage with a medical treatment or procedure.
48	48	18A person whose rights have been violated by this act may bring action for (i) an injunction
49	49	19against any further violation; (ii) appropriate affirmative relief, including, but not limited to,
50	50	20admission or reinstatement of employment with back pay plus 10 percent interest; and (iii) any
51	51	21other relief necessary to ensure compliance with this Act.
52	52	22 Unless otherwise prescribed, any person or official who willfully violates a provision of
53	53	23this chapter is in violation of Title 42 USC 1983, and remedies may be pursued to the fullest
54	54	24extent of the law.
55	55	25 (d) Nothing in this section shall preclude drug or alcohol testing or any reasonable
56	56	26requirement for non-invasive medical testing or treatments, such as requiring a pilot to undergo a
57	57	27vision test or wear corrective lenses while piloting an aircraft.
58	58	28 SECTION 2. This act shall take effect 60 days after its passage.