1223C 100th Legislative Session 1223
AMENDMENT 1223C
FOR
THE INTRODUCED BILL
Introduced by: Representative Andera
An Act to
provide
for
conscience exemptions from certain
medical treatments
vaccination.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 34-22-18 be AMENDED:
34-22-18.
Any
person
individual in
the state reasonably suspected of having active tuberculosis, middle
east respiratory syndrome
(MERS),
severe acute respiratory syndrome
(SARS),
smallpox, or viral hemorrhagic fevers, or any disease or condition
which
that is the
subject of a declared public health emergency pursuant to § 34-22-42,
shall accept
a necessary
diagnosis or treatment, or both. Any
person
individual who
intentionally refuses to accept the diagnosis or treatment, or both,
or who fails to follow the reasonable and necessary directives of the
department issued for the protection of other
persons
individuals, is
guilty of a Class 1 misdemeanor.
An
individual is not required to receive
treatment
a vaccination
for a disease or condition that is the subject of a declared public
health emergency if the individual has exercised the right to a
conscience exemption for the treatment, as provided in sections 2 to
7, inclusive, of this Act.
Section 2. That a NEW SECTION be added to title 34:
Terms used in sections 2 to 7, inclusive, of this Act mean:
(1) "Conscience," an individual's inner conviction regarding that which is right or wrong in the individual's conduct;
(2) "Disciplinary action," either of the following:
(a) Termination, demotion, or any loss of employment status; or
(b) Any loss of student status, including status in a particular course or program of study; and
(3) "Medical
treatment," any of the following:
(a) An injection;
(b) An invasive medical procedure;
(c) A medication; or
(d) A"Vaccination,"
a
vaccination approved by the United States Food and Drug
Administration.
Section 3. That a NEW SECTION be added to title 34:
An
individual has the right to be exempt from any mandate, requirement,
obligation, or demand to receive a
medical treatment
vaccination
on the basis that receiving the
medical treatment
vaccination
violates the individual's conscience. An individual may exercise the
right to be exempt under sections 2 to 7, inclusive, of this Act
orally or in writing.
Section 4. That a NEW SECTION be added to title 34:
No
individual may be subjected to any disciplinary action as a result of
the individual's decision to decline receipt of a
medical treatment
vaccination
on the basis of conscience.
No state
agency, political subdivision, or person may refuse to provide any
service, product, admission to a venue or building, or transportation
to an individual because that individual has or has not received a
medical treatment
vaccination.
Section 5. That a NEW SECTION be added to title 34:
Before
any state agency, political subdivision, or person attempts to
mandate or require that an individual receive a
medical treatment
vaccination,
or attempts to condition an individual's job or student status upon
the receipt of a
medical treatment
vaccination,
the state agency, political subdivision, or person must inform the
individual of the right to the conscience exemption under sections 2
to 7, inclusive, of this Act.
Section 6. That a NEW SECTION be added to title 34:
A civil action for damages or injunctive relief, or both, may be brought by any individual for any violation of sections 3 to 5, inclusive, of this Act. An individual, who is aggrieved by any violation of sections 3 to 5, inclusive, of this Act and commences a civil action, is entitled, upon the finding of a violation, to recover threefold the actual damages sustained, along with the costs of the action and reasonable attorney's fees.
Section 7. That a NEW SECTION be added to title 34:
Sections 3 to 6, inclusive, of this Act do not apply to:
(1) A health care facility, as defined in chapter 34-12, if compliance would result in a violation of regulations issued by the Centers for Medicare and Medicaid Services or by the Centers for Disease Control and Prevention;
(2) Immunizations required for admission to school or an early childhood program, as described in § 13-28-7.1;
(3) Court-ordered medical treatment;
(4) Medical treatment administered to an individual who is experiencing a mental health crisis and is determined, by a qualified mental health professional, to be in an immediate danger to oneself or others; and
(5) The South Dakota National Guard.
Sections
3 to 6, inclusive, of this Act do not prevent the South Dakota
National Guard from requiring a
medical treatment
vaccination
in compliance with a valid and lawful command order that applies to a
servicemember who is subject to federal activation.
Underscores indicate new language.
Overstrikes
indicate deleted language.