Proposed Legislation Safeguarding Civil Liberties

RN 21 06340

An act to add Section 8571.8 to the Government Code, and to amend Section 120140 of the Health and Safety Code, relating to communicable diseases.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 8571.8 is added to the Government Code, to read:

          8571.8. Notwithstanding laws, orders, directives, or regulations promulgated in response to an emergency based on any contagious, infectious, or communicable disease, including, but not limited to, a national security emergency, statewide emergency, local or other health emergency, and notwithstanding existing laws and regulations addressing outbreaks or potential outbreaks or epidemics of a contagious, infectious, or communicable disease, the state, a county, city, district, public authority, public agency or any other political subdivision shall not infringe upon, place conditions on, or restrict a person’s constitutional right to make health decisions for themselves or for their dependents, or place conditions on a person’s ability to receive public benefits based on their decision to decline any preventative, diagnostic, or therapeutic medical treatment or intervention. The state or any of its political subdivisions shall not infringe on an individual’s ability to fully participate in necessary services, including, but not limited to, education, employment, childcare, and religious services, and shall not infringe on an individual's ability to participate in public activities, such as community sports or other entertainment, based on an individual’s decision to decline any preventative, diagnostic, or therapeutic medical treatment or intervention.

SEC. 2. Section 120140 of the Health and Safety Code is amended to read:

          120140. (a) Upon being informed by a health officer of any contagious, infectious, or communicable disease the department may take measures as are necessary to ascertain the nature of the disease and prevent its spread. To that end, the department may, if it considers it proper, take possession or control of the body of any living person, except as provided in subdivision(b), or the corpse of any deceased person.
          (b) Any preventative, diagnostic, or therapeutic medical intervention taken by the department to ascertain the nature of the disease and to prevent its spread shall be carried out with the voluntary informed consent of an individual or their guardian. The consent should, where appropriate, be express, and may be withdrawn by the individual for any reason without prejudice.