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

   1. (1) MICROCHIP. A device subcutaneously implanted in an individual that is passively or actively capable of transmitting personal information to another device using radio frequency technology.
   2. (2) VOLUNTARILY. Performed consciously as a result of effort or determination and without an incentive, inducement, or coercion. The term shall include, but not be limited to, the receiving by any individual, as a result of a free will decision of that individual, of an implanted device used in the diagnosis, monitoring, treatment, or prevention of a health condition that only transmits information necessary to carry out the diagnosis, monitoring, treatment, or prevention of that health condition.

2. (b)

   1. (1) It is unlawful for an employer, as a condition of employment, to require an employee to be implanted with a microchip or other permanent identification marker.

   2. (2) It is unlawful for any individual including, but not limited to, any of the following individuals to require another individual to be implanted with a microchip or other permanent identification marker:

      1. a. An officer or employee of this state or a political subdivision of this state.
      2. b. An individual licensed to sell or provide insurance pursuant to Title 27
      3. c. An individual licensed to participate in a business related to bail pursuant to the Alabama Bail Bond Regulatory Act, Article 8, commencing with Section 15-13-200 of Chapter 13, Title 15.
3. (c) This section may not be construed to prohibit an individual from voluntarily electing to be implanted with a microchip or other permanent identification marker.
4. (d) An individual who violates this section is guilty of a Class D felony.

(Act 2023-396, §1.)