State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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472T0305
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HOUSE BILL NO. 1259
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Introduced by: Representatives Hubbel, Jensen, Magstadt, Olson (Betty), Russell, and
Venner and Senators Maher and Begalka
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FOR AN ACT ENTITLED, An Act to provide an exception to vaccination requirements for
personal beliefs.
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 requesting that the local health
department give the immunization because the parents or guardians lack the means
to pay for such immunization; or
(4) A written statement signed by one parent or guardian that the child or parent or
guardian holds personal beliefs that are opposed to such immunization.
The Department of Health may promulgate reasonable rules, in accordance with chapter 1-26, to require compliance and documentation of adequate immunization, to define appropriate
certification, and to specify standard procedure.
Section 2. That § 13-53-47 be amended to read as follows:
13-53-47. Any 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:
(1) 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) Certification from a licensed physician stating the student has experienced the natural
disease against which the immunization protects;
(3) Confirmation from a laboratory of the presence of adequate immunity; or
(4) A 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;
or
(5) A written statement signed by the student that the student holds personal beliefs that
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.
Section 3. That § 27B-3-17 be amended to read as follows:
27B-3-17. Any person with a developmental disability voluntarily or involuntarily admitted
to the facility shall be tested for communicable diseases as deemed necessary by a licensed
physician in charge of tests and immunizations at the facility, by such means of tests and
immunizations as are approved by the Department of Health or shall present:
(1) Certification from a licensed physician stating the physical condition of the person
with a developmental disability would be such that a test and immunization would
endanger the person's life or health;
(2) A written statement signed by a parent or guardian of the person with a
developmental disability that the person is adherent to a belief whose teachings are
opposed to the test and immunization;
(3) A written statement signed by a parent or guardian of the person with a
developmental disability requesting that the local health department or the facility
give the test and immunization because the parent or guardian lacks the means to pay
for the test and immunization; or
(4) A written statement from a licensed physician requesting that the person with a
developmental disability not be immunized; or
(5) A written statement signed by a parent or guardian of the person with a
developmental disability that the person holds personal beliefs that are opposed to
such test and immunization.