New Hampshire Revised Statutes 141-C:1-a – Medical Freedom in Immunizations
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I. Every person has the natural, essential, and inherent right to bodily integrity, free from any threat or compulsion by government to accept an immunization. Accordingly, no person may be compelled to receive an immunization for COVID-19 in order to secure, receive, or access any public facility, any public benefit, or any public service from the state of New Hampshire, or any political subdivision thereof, including but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities.
II. Paragraph I shall not:
(a) Limit the commissioner’s authority to order treatment pursuant to N.H. Rev. Stat. § 141-C:15 or N.H. Rev. Stat. § 141-C:18, nor to order quarantine pursuant to N.H. Rev. Stat. § 141-C:11 or N.H. Rev. Stat. § 141-C:18.
(b) Supersede the requirement for vaccination as a prerequisite for admission to a school or child care agency pursuant to N.H. Rev. Stat. § 141-C:20-a, II.
(c) Supersede the involuntary emergency admission process pursuant to N.H. Rev. Stat. § 135-C:27-33; the revocation of conditional discharge process under N.H. Rev. Stat. § 135-C:51; or involuntary treatment of patients compliant with N.H. Rev. Stat. § 135-C:57, III.
(d) Limit treatment authorized by a guardian over a person; or short term treatment of a personal safety emergency declared by a licensed physician or nurse practitioner in a psychiatric care setting, or authorized by a surrogate decision maker or durable power of attorney for health care delegated by the person while competent to make decisions for them during periods when they are not competent, pursuant to RSA 137-J.
(e) Apply to a county nursing home, the New Hampshire state hospital, or any other medical facility or provider operated by the state of New Hampshire or any political subdivision identified in paragraph I, which is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a vaccination requirement. Such facilities or providers shall, upon the request of an individual for whom vaccination is required under federal regulations promulgated by the Centers for Medicare and Medicaid Services, grant such exemption on medical or religious grounds, subject to the conditions established in subparagraphs (1) and (2).
(1) The written request for a religious exemption shall simply state: “I, (insert requestor’s name), hereby attest that I sincerely hold religious beliefs and/or engage in religious practices or observances that dictate the refusal to accept the required vaccination(s). (Insert requestor’s signature and date.)” With the assistance of the employee, the employer shall document and evaluate the request to ensure that the individual submitting the request is covered under the organization’s vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year. The employer may deny the request for a religious exemption in cases in which there is a compelling rationale or evidence to believe the employee is acting fraudulently.
(2) The written request for a medical exemption shall include documentation as required under federal regulations promulgated by the Centers for Medicare and Medicare Services. The employer shall evaluate the request to ensure that the individual submitting the request is covered under the organization’s vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year.
III. The department of corrections may mandate medical treatment or immunization for inmates when a direct threat exists as defined in 28 C.F.R. § part section 36.208.
II. Paragraph I shall not:
Terms Used In New Hampshire Revised Statutes 141-C:1-a
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Limit the commissioner’s authority to order treatment pursuant to N.H. Rev. Stat. § 141-C:15 or N.H. Rev. Stat. § 141-C:18, nor to order quarantine pursuant to N.H. Rev. Stat. § 141-C:11 or N.H. Rev. Stat. § 141-C:18.
(b) Supersede the requirement for vaccination as a prerequisite for admission to a school or child care agency pursuant to N.H. Rev. Stat. § 141-C:20-a, II.
(c) Supersede the involuntary emergency admission process pursuant to N.H. Rev. Stat. § 135-C:27-33; the revocation of conditional discharge process under N.H. Rev. Stat. § 135-C:51; or involuntary treatment of patients compliant with N.H. Rev. Stat. § 135-C:57, III.
(d) Limit treatment authorized by a guardian over a person; or short term treatment of a personal safety emergency declared by a licensed physician or nurse practitioner in a psychiatric care setting, or authorized by a surrogate decision maker or durable power of attorney for health care delegated by the person while competent to make decisions for them during periods when they are not competent, pursuant to RSA 137-J.
(e) Apply to a county nursing home, the New Hampshire state hospital, or any other medical facility or provider operated by the state of New Hampshire or any political subdivision identified in paragraph I, which is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a vaccination requirement. Such facilities or providers shall, upon the request of an individual for whom vaccination is required under federal regulations promulgated by the Centers for Medicare and Medicaid Services, grant such exemption on medical or religious grounds, subject to the conditions established in subparagraphs (1) and (2).
(1) The written request for a religious exemption shall simply state: “I, (insert requestor’s name), hereby attest that I sincerely hold religious beliefs and/or engage in religious practices or observances that dictate the refusal to accept the required vaccination(s). (Insert requestor’s signature and date.)” With the assistance of the employee, the employer shall document and evaluate the request to ensure that the individual submitting the request is covered under the organization’s vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year. The employer may deny the request for a religious exemption in cases in which there is a compelling rationale or evidence to believe the employee is acting fraudulently.
(2) The written request for a medical exemption shall include documentation as required under federal regulations promulgated by the Centers for Medicare and Medicare Services. The employer shall evaluate the request to ensure that the individual submitting the request is covered under the organization’s vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year.
III. The department of corrections may mandate medical treatment or immunization for inmates when a direct threat exists as defined in 28 C.F.R. § part section 36.208.