SECTION 1. SHORT TITLE.

This Act shall be known and may be cited as the “[STATE] Medical Freedom Act.”

SECTION 2. PURPOSE.

To affirm and protect the right of individuals, including parents, to make informed decisions regarding medical interventions without discrimination, coercion, or exclusion by public or private entities.

SECTION 3. PREAMBLE.

WHEREAS, the right not to have one’s body violated is enshrined in principles of natural law, constitutional protections, and international human rights standards, including the Nuremberg Code, which prohibits non-consensual medical interventions;

WHEREAS, the common good of a state must include and protect the common goods of its individual citizens and families;

WHEREAS, compulsory medical interventions, including vaccines, do not inherently benefit individuals or the common good, as they treat individuals as means to an end, erode trust in public health institutions, and lead to unintended social divisions;

WHEREAS, compulsory medical mandates infringe upon individual liberty and personal sovereignty, compelling citizens to undergo procedures against their will as a prerequisite for participation in society;

WHEREAS, parents possess the right and responsibility to make informed decisions regarding the medical care and upbringing of their minor children, free from state or institutional coercion;

WHEREAS, requiring parents to subject their children to an unknown risk for an abstract collective good is unjust;

WHEREAS, religious freedoms guaranteed by the First Amendment and state constitutions allow individuals to decline medical interventions that conflict with their sincerely held beliefs;

WHEREAS, many U.S. states have long recognized exemptions for medical, religious, and philosophical reasons in vaccination policies, demonstrating that public health can be maintained without universal mandates;

WHEREAS, historical precedents, such as the U.S. Supreme Court’s recognition in Jacobson v. Massachusetts, acknowledge limits on mandates and emphasize proportionality and necessity, which are often absent in broad compulsory policies;

WHEREAS, economic freedoms, including the right to seek employment and access to public services, should not be conditioned on submission to medical procedures, as this constitutes undue discrimination;

WHEREAS, legal mandates distort market incentives for drug and medical device manufacturers to prioritize safety;

WHEREAS, informed consent, as a cornerstone of ethical medical practice, requires that individuals receive full disclosure of risks and benefits without pressure or penalty for refusal;

WHEREAS, drugs and biological products present different risk–reward ratios to different individuals, making uniform mandates unwarranted;

WHEREAS, many developed countries with healthier populations than the U.S. do not mandate drugs and biological products such as vaccines;

WHEREAS, alternative measures, such as education, voluntary participation, and targeted protections for vulnerable populations, can achieve public health goals without resorting to coercive mandates.

THEREFORE, it is the intent of the legislature of the [state/commonwealth of ________] to affirm and protect the right of individuals including parents to make informed decisions regarding medical interventions without discrimination, coercion, or exclusion by public or private entities.

SECTION 4. DEFINITIONS.

As used in this Act:

1. “Business entity” means any individual or group engaged in any activity, profession, or enterprise for gain, benefit, or livelihood, whether for-profit or nonprofit, including self-employed individuals, corporations, partnerships, limited liability companies, trusts, or any entity registered, licensed, or authorized to operate in the state.
2. “Drug or biological product” means any:
   1. drug approved under Section 505 of the Federal Food Drug and Cosmetic Act (21 U.S.C. §355);
   2. biological product licensed under Section 351 of the Public Health Service Act (42 U.S.C. §262); or,
   3. unapproved drug or biological product granted an emergency use authorization under Section 564 of the Federal Food Drug and Cosmetic Act (21 U.S.C. §360bbb-3).
3. “Government entity” means any state, county, municipal, or local government, or any political subdivision thereof, including any department, agency, authority, commission, board, council, committee, office, task force, working group, or other body established by or under the authority of the laws of such government or subdivision.
4. “Pathogen” means an organism capable of producing an infection or disease in a susceptible host.
5. “Personal protective equipment” means any item or article of clothing that is designed to be used to prevent the spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material, including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings. For purposes of this Act, the term “personal protective equipment” does not include items or articles designed to provide protection from only non-infectious materials or hazards.
6. “School” means any educational institution, including public, private, and parochial preschools and daycares; K-12 schools; and postsecondary institutions, including trade schools, colleges, and universities.
7. “Ticket issuer” means an individual or entity providing access to an entertainment or public event, including venues, promoters, sports teams, performers, and their agents.
8. “Foreign jurisdiction” means any other state, territory, or country outside this state.

SECTION 5. LIMITATIONS ON GOVERNMENT ENTITIES.

1. A government entity shall not requirean individual to receive a drug or biological product as a condition of:
   1. access to government services;
   2. receipt of licenses, permits, or benefits; or,
   3. access to public spaces in government buildings.
2. A government entity shall not require an individual to receive a drug or biological product as a condition of employment, unless the employment necessitates travel to a foreign jurisdiction or access to a facility for which entry is restricted to individuals who are immune to one or more pathogens, provided that in such cases, the requirement is disclosed in a written employment contract, or with at least 14 days’ written notice if no contract exists.
3. A government entity shall not withhold, reduce, exclude, terminate, or otherwise deny in its compensation or benefits to an employee solely based on the employee’s decision to receive, or not receive, a drug or biological product.
4. A school shall not withhold, reduce, exclude, terminate, or otherwise deny admission, attendance, or access to its facilities to a student based solely on the student having not received a drug or biological product.
5. [State may insert rules that apply to incarcerated individuals held in state or local facilities. These rules should distinguish between individuals in pre-trial detention and individuals serving post-conviction sentences. Individuals in pretrial detention should be treated the same as non-detained individuals. With convicted individuals serving sentences, the rule should also address medical interventions other than immunizations (such as surgeries) consistent with the broad medical freedom protected by this Act.]
6. [State may insert rules that apply to mentally incapacitated patients in government-operated institutions. This section should also address medical interventions beyond immunizations (such as surgeries) consistent with the broad medical freedom protected by this Act.]
7. [State may insert rules regarding requirements for use of personal protective equipment in government buildings and facilities. The rule may need to distinguish among government facilities that are: a) non-medical, b) medical (e.g., hospitals, clinics) and c) that house institutionalized individuals (e.g., jails, mental hospitals, nursing homes). Rules should be consistent with the broad medical freedom protected by this Act.]

SECTION 6. LIMITATIONS ON PRIVATE ENTITIES.

1. A business entity shall not withhold, reduce, exclude, terminate, or otherwise denyservices, products, venue access, or transportation to an individual based solely on the individual having not received a drug or biological product.
2. A business entity shall not require an individual to receive a drug or biological product as a condition of employment, unless the employment necessitates travel to a foreign jurisdiction or access to a facility for which entry is restricted to individuals who have been immunized against one or more pathogens, provided that in such cases, the requirement must be disclosed in a written employment contract, or with at least 14 days’ written notice if no contract exists.
3. A business entity shall not discriminate in the compensation or benefits of an employee solely based on the employee’s decision to receive, or not receive, a drug or biological product.
4. A ticket issuer shall not deny an individual access to an event based solely on the individual having not received a drug or biological product.
5. A school shall not withhold, reduce, exclude, terminate, or otherwise deny admission, attendance, or access to its facilities to a student based solely on the student having not received a drug or biological product.
6. [State may insert rules regarding requirements for use of personal protective equipment in private buildings and facilities consistent with the broad medical freedom protected by this Act. Will need to distinguish among private facilities that are: a) non-medical, b) medical (e.g., hospitals, clinics), and c) house institutionalized individuals (e.g., nursing homes).]

SECTION 7. INFECTIOUS DISEASE PUBLIC EMERGENCIES.

1. State may insert rules regarding Governor’s authority during a state of emergency, consistent with the broad medical freedom protected by this Act.
   1. Time limits
   2. Discretion and authority of legislature
2. State may insert time and other limits on emergency declarations [including requirement and process for legislative approval of any extensions consistent with the broad medical freedom protected by this Act.]

SECTION 8. ENFORCEMENT AND REMEDIES.

Violations of this Act may be prosecuted by the state’s Attorney General or the appropriate county or municipal prosecutor. If a violation is proven, attorney’s fees and court costs may be awarded.

SECTION 9. POLICY SUPREMACY.

No administrative rule, regulation, or policy may contradict this Act. In any case of conflict, the provisions of this Act shall prevail.

SECTION 10. SEVERABILITY.

If any provision of this Act is held invalid, the remainder shall remain in force.