HB2512

SECTION 1. The purpose of this Act is to affirm and protect the right of individuals to make autonomous decisions regarding medical interventions without discrimination, coercion, or exclusion by public or private entities.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 19 to be appropriately designated and to read as follows:

"Chapter

HAWAII MEDICAL FREEDOM ACT

§ -1 Definitions. For the purposes of this chapter, unless the context requires otherwise:

"Business entity" means any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood.

"Business entity" includes any self-employed individual; corporation; partnership; limited partnership; limited liability company; nonprofit organization; foreign corporation; foreign limited partnership; foreign limited liability company; business trust; business entity that possesses a business license, permit, certificate, approval, registration, charter, or a similar form of authorization issued by the State; business entity exempt by law from obtaining a business license; and business entity operating unlawfully without a business license.

"Foreign jurisdiction" means any commonwealth, country, nation, or state outside the State of Hawaii.

"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 the government or subdivision.

"Medical intervention" means a medical procedure, treatment, device, drug, injection, medication, or medical action taken to diagnose, prevent, or cure a disease or alter the health or biological functions of a person.

"Medical intervention" includes a mask; vaccine; biologic; swab; test, including genetic and genomic tests; pill; capsule; cream; spray; liquid; injection; chip; device; or monitor.

"School" means any public, private, or parochial preschool; kindergarten, elementary, or secondary school; postsecondary institute of education, including a trade school, college, or university; or any other institute of primary, secondary, or higher learning operating in the State.

"Ticket issuer" means an individual or entity providing tickets to an entertainment event, including:

(1) The operator of a venue where an entertainment event is occuring;

(2) The sponsor or promoter of an entertainment event;

(3) A sports team participating in an entertainment event or a league whose teams are participating in an entertainment event;

(4) A theater company, musical group, or similar participant in an entertainment event; or

(5) An agent of any individual or entity described in this subsection.

§ -2 Medical mandates; prohibited. (a) No business entity doing business in the State shall refuse to provide any service, product, admission to a venue, or transportation to a person based on whether the person has received or used a medical intervention.

(b) No business entity doing business in the State shall require a medical intervention as a term of employment unless:

(1) Required by federal law;

(2) The terms of employment include travel to a foreign jurisdiction that requires a medical intervention as the only means of entry; or

(3) The terms of employment require entry into a place of business or facility in a foreign jurisdiction and the place of business or facility requires a medical intervention as the only means of entry.

(c) If an employee is required to obtain or use a medical intervention pursuant to subsection (b), the requirement shall either be included in a valid written employment contract between the employer and the employee or, if a written employment contract does not exist, advance written notice shall be provided to the impacted employee no less than fourteen days prior to the employee being required to receive or use the medical intervention; provided that an business entity that receives medicare or medicaid funding shall be exempt from the requirements of this subsection.

(d) No ticket issuer shall penalize, discriminate against, or deny a ticket holder access to an entertainment event based on whether the ticket holder has received or used a medical intervention.

(e) No school or daycare shall require a medical intervention as a condition for attending school, being on campus, entering campus buildings, or being employed.

(f) Unless required by federal law, no state, county, or local government entity or official shall require any person to receive or use a medical intervention as a condition for:

(1) Receiving any government benefit;

(2) Receiving any government services;

(3) Receiving any government-issued license or permit;

(4) Entering into any public building;

(5) Using of public transportation; or

(6) Gaining or maintaining employment; provided that an entity that receives medicare or medicaid funding shall be exempt from the requirements of this paragraph.

(g) No state, county, local government entity, or business entity in the State shall provide or offer any differential salary, hourly wage, or other ongoing compensation or benefit to an employee based on whether the employee has received or used a medical intervention.

(h) No state agency shall adopt any policy, administrative rule, or regulation that conflicts with the provisions of this chapter.

(i) Notwithstanding any other law to the contrary, no healthy individual or asymptomatic carrier of an illness shall be excluded from public or private activities based on the individual's decision not to receive or use a medical intervention during an outbreak or public health emergency.

§ -3 Exceptions; limitations. (a) This chapter shall not apply to any situation in which personal protective equipment, items, or clothing are required by a business entity in the public or private sector based on traditional and accepted industry standards or federal law; provided that the business entity may not require vaccines, masks, or other medical interventions introduced during the coronavirus disease 2019 (COVID-19) pandemic.

(b) Any authority to require a medical intervention under this chapter is subject to other statutory or constitutional provisions regarding requests for medical interventions and requirements to provide reasonable accommodations.

§ -4 Supremacy of this chapter. (a) No state law, administrative rule, regulation, or policy shall contradict this chapter. In the case of a conflict, this chapter shall prevail.

(b) This chapter shall apply at all times and shall not be suspended, nullified, or otherwise disregarded during a declared emergency; public health crisis; state of emergency issued by any local, state, or federal authority; or any assertion of authority by a global entity.

§ -5 Enforcement. This chapter may be enforced and injunctive relief may be requested by either the attorney general or the prosecuting attorney for the county where a violation occurs. If a business entity or state, county, city, or local government entity in the State is found to have violated the provisions of this chapter, the attorney general or prosecuting attorney, as applicable, shall be awarded attorney's fees and costs incurred in pursuing the enforcement action."

SECTION 3. (a) No later than , the department of health shall amend its rules relating to any required immunizations, physical examinations, medical testing, and other compulsory medical procedures, consistent with this Act.

(b) No later than twenty days prior to the convening of the regular session of 2027, the department of health shall submit a report to the legislature 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.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2512
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII