AB 1326: Health masks: right to wear.

Existing law sets forth various provisions on the wearing of a mask for health purposes. These circumstances include, among others, a statewide stockpile of personal protective equipment (PPE) in the event of a pandemic, wildfire smoke event, or other health emergency; employer-supplied PPE to employees who provide direct patient care in a general acute care hospital; employees of commercial cannabis businesses wearing a mask for respiration; and providing peace officers with an appropriate portable manual mask and airway assembly for use when applying cardiopulmonary resuscitation to prevent the spread of communicable disease.

Under this bill, an individual would have the right to wear a health mask on their face in a public place for the purpose of protecting their individual health or the public health, with regard to communicable disease, air quality, or other health factors. The bill would define a health mask and a public place for purposes of this provision.

Under the bill, the above-described right would not be construed as limiting or otherwise modifying the application or implementation of certain requirements for the removal of a health mask relating to, among other contexts, security protocols to identify an individual, essential functions in the workplace, or emergency health care protocols, as specified, without limiting certain nondiscrimination protections on the basis of disability or medical condition.