SECTION 1. Chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 235, the following section:-

Section 236. (a) For purposes of this section, the following terms shall have the following meanings:

“Subcutaneous Implant”, any device introduced, embedded, or inserted under or on an individual’s skin.

“Data Storing Device”, shall include any device capable of storing data, actively or passively transmitting or receiving information, or which contains an electronically readable marking such as a microchip or radio frequency identification (RFID) tag. For purposes of this chapter, such terms shall not include pacemakers.

“Require, coerce, or compel”, encompass physical violence; threats; intimidation; retaliation; improper use of economic power; conditioning of any private or public benefit or care on consent to implantation, including employment, promotion, or other employment benefit, or by any means that would cause a reasonable person to acquiesce to implantation when they otherwise would not.

(b) No person or entity shall require, coerce, or compel any individual to submit to a subcutaneous implant of a data storing device.

(c) Any person implanted with a subcutaneous device that violates of paragraph (b) of this section may bring a civil action for actual damages, injunctive relief, reasonable attorney’s fees, and court costs.