21.362.12 96th Legislative Session 582
Introduced by: Representative Pischke
An Act to provide for philosophical exceptions to required vaccinations.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 13-28-7.1 be AMENDED.
13-28-7.1. Immunizations--Admission requirement--School or early childhood program--Exceptions--Rules.
Any 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:
(1) Certification from a licensed
physician stating the physical condition of the child
is such that
immunization would endanger the child's life or health; or
(2) A written statement signed by
one parent or guardian indicating
that the child
an adherent to a religious doctrine whose teachings are,
parent, or guardian is opposed
to such immunization
because of a sincerely held religious or philosophical belief.
The 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 standard procedure.
Section 2. That § 13-53-47 be AMENDED.
13-53-47. Immunizations--Admission requirement--Public or private postsecondary educational institutions--Exceptions--Certification or written statement.
Any student entering a public or
private postsecondary education institution in this state for the
first time after July 1,
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
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 indicating
adherent to a religious doctrine whose teachings are opposed
to such immunizations
immunization because of a sincerely held religious or philosophical
If the student is under the age
of eighteen, the written statement
by subdivision (4) must be
signed by one parent or guardian.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.