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State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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709T0548
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HOUSE BILL NO. 1175
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Introduced by: Representatives Venner, Greenfield, Haggar, Hansen (Jon), Hubbel, Jensen,
Schaefer, Sly, and Tulson and Senator Maher
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FOR AN ACT ENTITLED, An Act to provide for certain further exemptions from certain
childhood immunizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-7.1 be amended to read as follows:
13-28-7.1. Any pupil 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, 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 pupil may present:
(1) 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; or
(3) A written statement signed by one parent or guardian that the child, under the
supervision of a parent or guardian, prefers to practice holistic health care as opposed
to such immunization; or
(4) A written statement signed by one parent or guardian that the signing parent or
guardian refuses to abrogate his or her autonomous parental rights over any health
care decisions affecting the child; or
(5) A written statement signed by one parent or guardian requesting that the local health
department give the immunization because the parents or guardians lack the means
to pay for such immunization.
The Department of Health may promulgate reasonable rules, in accordance with chapter 1-26, to require compliance and documentation of adequate immunization
or refusal of
immunization, to define appropriate certification, and to specify standard procedure.