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HJR 24

Relating to the right to refuse any medical treatment, injection, device, vaccine or prophylactic

2026 Regular Session Introduced by Evan Worrell

Establishes a constitutional right in WV to refuse any medical procedure, device, vaccine, or prophylactic, with protections against interference and discrimination.

To House Health and Human Resources
#constitutionalamendments #health
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Bill Summary · HJR 24

Overview

  • Bill: HJR 24 (2026) – West Virginia
  • Type: House Joint Resolution proposing a constitutional amendment
  • Sponsor: Delegate Worrell (cosponsor: Evan Worrell)
  • Status: Introduced January 22, 2026; referred to Health and Human Resources, then Judiciary
  • Purpose: To amend the West Virginia Constitution (Article III) by adding a new section (Section 23) that establishes a right to refuse any medical treatment, injection, device, vaccine, or prophylactic, with equal protection and public accommodation protections for exercise of that right. If ratified, the amendment would become part of the state constitution after approval at the next general election in 2026.

What the bill would do

  • Add Article III, new Section 23 to the West Virginia Constitution:
    • “The right of a person to refuse any medical procedure, medical treatment, device, vaccine, or prophylactic, shall not be questioned or interfered with in any manner.”
    • Public accommodations and equal protection of the law shall not be denied or infringed upon because of exercising this right.
  • Provide a clear constitutional foundation for the right to refuse medical interventions and prohibit government or private actions that would punish or discriminate against individuals for choosing to refuse.

Key provisions and changes

  • Constitutional amendment format:
    • Adds a new section to Article III (the Bill of Rights) of the state Constitution.
    • Designated as Amendment No. 1 and titled “Right to Refuse Medical Procedures.”
  • Scope of the right:
    • Applies to refusals of medical procedures, treatments, devices, vaccines, and prophylactics.
  • Protections attached:
    • Prohibits questioning or interference with the exercise of the right.
    • Requires that the exercise of the right not be used to deny or infringe upon public accommodation or equal protection under the law.
  • Voting/ratification process:
    • The question of ratification would be submitted to voters at the next general election in 2026.

Who/what is affected

  • Individuals: Grants a constitutional right to refuse medical interventions.
  • Public accommodations: Protections extend to ensuring individuals who exercise this right cannot be denied access to public services or facilities on that basis.
  • Equal protection: Requires that discrimination or unequal treatment based on exercising the right to refuse medical procedures be prohibited under the state constitution.

Procedural and timeline notes

  • Referral: Referred to House Committees on Health and Human Resources, then Judiciary.
  • Legislature action: Requires two-thirds of the members elected to each house to agree to the amendment for submission to voters.
  • Election timing: If approved by the legislature, the amendment would be placed on the ballot at the next general election in 2026 for voter ratification.
  • Effect if ratified: Constitutional amendment binding on state and applicable public institutions; would govern interactions between individuals and medical interventions, as well as public accommodations and equal protection in WV.

Points to consider

  • The amendment creates a broad constitutional right to refuse medical procedures but does not detail specific exceptions, limitations, or enforcement mechanisms beyond prohibiting interference and discrimination.
  • The text emphasizes equal protection and public accommodations, ensuring non-discrimination for individuals exercising the right.
  • As a proposed constitution amendment, it requires voter approval to take effect.

If you’d like, I can compare this proposal to existing WV rights or similar right-to-refuse provisions in other states, or outline potential policy implications and questions that lawmakers and the public might consider.

Compiled from official sources — confirm details with the bill’s official record.

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