20.561.12 95th Legislative Session 372 2020 South Dakota Legislature House Bill 1235 Introduced by: Representative Qualm 1 An Act to revise provisions regarding immunizations. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA : 3 Section 1. That § 13-28-7.1 be AMENDED: 4 13-28-7.1. Immunizations--Enrollment--Prohibitions. 5 Any child entering school or an early childhood program in this state, shall, prior 6 to admission, be required to present to the appropriate school authorities certification 7 from a licensed physician that the child has received or is in the process of receiving 8 adequate immunization 9 mumps, tetanus, meningitis, and varicella, according to recommendations provided by the 10 Department of Health. The Department of Health may modify or delete any of the required 11 immunizations. As an alternative to the requirement for a physician's certification, the 12 child may present: 13 (1) 14 15 16 17 against poliomyelitis, diphtheria, pertussis, rubeola, rubella, Certification from a licensed physician stating the physical condition of the child would be such that immunization would endanger the child's life or health; or (2) A written statement signed by one parent or guardian that the child is an adherent to a religious doctrine whose teachings are opposed to such immunization. The Department of Health may promulgate reasonable rules, pursuant to chapter 1- 18 26, to require compliance and documentation of adequate immunization, 19 appropriate certification, and to specify standard procedure. No child entering public or 20 nonpublic school, or a public or nonpublic early childhood program in this state, may be 21 required to receive any immunization or medical procedure for enrollment or entry. The 22 Department of Health may recommend any immunization for school entry but may not 23 require them. No school may use any coercive means to require immunization. 24 to define Section 2. That § 13-28-7.2 be AMENDED: Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language. Overstrikes indicate deleted language. 20.561.12 1 2 372 13-28-7.2. Immunizations--Local board of health--Requirements. 2 The local board of health, upon application of the school board of any school 3 affected by § 13-28-7.1 shall, at public expense to the extent that funds are available and 4 without delay, provide the immunizations required by recommended by the Department 5 of Health under § 13-28-7.1 to such pupils as are any pupil who is not provided the 6 immunizations by their parents or guardians and who have not been exempted the pupil's 7 parent or guardian if the school board obtains prior written authorization from the pupil's 8 parent or guardian after having supplied the parent or guardian with complete informat ion 9 about the immunization, including the package inserts. 10 Section 3. That § 13-53-47 be AMENDED: 11 13-53-47. Immunizations--Prohibitions. 12 Any student entering a public or private postsecondary education institution in this 13 state for the first time after July 1, 2008, shall, within forty-five days after the start of 14 classes, present to the appropriate institution certification from a licensed physician that 15 the student has received or is in the process of receiving the required two dose s of 16 immunization against measles, rubella, and mumps. As an alternative to the requirement 17 for a physician's certification, the student may present: 18 (1) 19 20 Certification from a licensed physician stating the physical condition of the student would be such that immunization would endanger the student's life or health; (2) 21 Certification from a licensed physician stating the student has experienced the natural disease against which the immunization protects; 22 (3) Confirmation from a laboratory of the presence of adequate immunity; or 23 (4) A written statement signed by the student that the student is an adherent to a 24 religious doctrine whose teachings are opposed to such immunizations. 25 student is under the age of eighteen, the written statement shall be signe d by one 26 parent or guardian. No public or nonpublic postsecondary educational institutions 27 may mandate any immunizations for school entry. A public or private postsecondary 28 educational institution may request any student to submit medical records. No 29 educational institution may use coercive means to require immunization. 30 31 If the Section 4. That § 34-22-6 be AMENDED: 34-22-6. Compelling vaccination--Violation as misdemeanor. 32 It is a Class 2 misdemeanor for any board, physician, or person to compel another 33 by the use of physical force to submit to the operation of vaccination with smallpox or Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language. Overstrikes indicate deleted language. 20.561.12 3 372 1 other virus a Class 1 misdemeanor for any educational institution, medical provider, or 2 person to compel another to submit to immunization. 3 4 Section 5. That a NEW SECTION be added: 34-22-6.1. Discrimination--Immunization 5 Every person has the inalienable right to bodily integrity, free from any threat or 6 compulsion that the person accepts any medical intervention, including immunization. No 7 person may 8 intervention, including immunization. be discriminated Catchlines are not law. (§ 2-16-13.1) against for refusal to accept an unwanted medical Underscores indicate new language. Overstrikes indicate deleted language.