SDLRC - 2020 House Bill 1235 - SD Legislature revise provisions regarding immunizations.
An Act to
by the Legislature of the State of South Dakota:
That § 13-28-7.1 be AMENDED:
child entering school or an early childhood program in this state,
shall, prior to admission, be required to present to the appropriate
school authorities certification from a licensed physician that the
child has received or is in the process of receiving adequate
immunization against poliomyelitis, diphtheria, pertussis, rubeola,
rubella, mumps, tetanus, meningitis, and varicella, according to
recommendations provided by the Department of Health. The Department
of Health may modify or delete any of the required immunizations. As
an alternative to the requirement for a physician's certification,
the child may present:
from a licensed physician stating the physical condition of the child
would be such that immunization would endanger the child's life or
written statement signed by one parent or guardian that the child is
an adherent to a religious doctrine whose teachings are opposed to
Department of Health may promulgate reasonable rules, pursuant to
chapter 1-26, to require compliance and documentation of adequate
immunization, to define appropriate certification, and to specify
No child entering public or nonpublic school, or a public or
nonpublic early childhood program in this state, may be required to
receive any immunization or medical procedure for enrollment or
entry. The Department of Health may recommend any immunization for
school entry but may not require them. No school may use any coercive
means to require immunization.
That § 13-28-7.2 be AMENDED:
board of health--Requirements.
The local board of health, upon
application of the school board of any school affected by § 13-28-7.1
shall, at public expense to the extent that funds are available and
without delay, provide the immunizations
by the Department of Health under § 13-28-7.1
pupils as are any
pupil who is not
provided the immunizations by their
parents or guardians and who have not been exempted
the pupil's parent or guardian if the school board obtains prior
written authorization from the pupil's parent or guardian after
having supplied the parent or guardian with complete information
about the immunization, including the package inserts.
That § 13-53-47 be AMENDED:
student entering a public or private postsecondary education
institution in this state for the first time after July 1, 2008,
shall, within forty-five days after the start of classes, present to
the appropriate institution certification from a licensed physician
that the student has received or is in the process of receiving the
required two doses of immunization against measles, rubella, and
mumps. As an alternative to the requirement for a physician's
certification, the student may present:
from a licensed physician stating the physical condition of the
student would be such that immunization would endanger the student's
life or health;
from a licensed physician stating the student has experienced the
natural disease against which the immunization protects;
from a laboratory of the presence of adequate immunity; or
written statement signed by the student that the student is an
adherent to a religious doctrine whose teachings are opposed to such
immunizations. If the student is under the age of eighteen, the
written statement shall be signed by one parent or guardian.
No public or nonpublic postsecondary educational institutions may
mandate any immunizations for school entry. A public or private
postsecondary educational institution may request any student to
submit medical records. No educational institution may use coercive
means to require immunization.
That § 34-22-6 be AMENDED:
a Class 2 misdemeanor for any board, physician, or person to compel
another by the use of physical force to submit to the operation of
vaccination with smallpox or other virus
a Class 1 misdemeanor for any educational institution, medical
provider, or person to compel another to submit to immunization.
That a NEW SECTION be added:
person has the inalienable right to bodily integrity, free from any
threat or compulsion that the person accepts any medical
intervention, including immunization. No person may be discriminated
against for refusal to accept an unwanted medical intervention,
Catchlines are not law.
(§ 2-16-13.1) Underscores
indicate new language.
indicate deleted language.