21.582.11 96th Legislative Session 267

2021 South Dakota Legislature

Senate Bill 170

Introduced by: Senator Frye-Mueller

An Act to prohibit the conduct of certain physical examinations or screenings on students in a school district without parental consent.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

13-1-67. Physical Examinations--Parental consent required.

No nonemergency, invasive physical examination or screening may be conducted on any student in any school district without the prior written consent of the student's parent or guardian. The school district shall obtain the written consent of the parent or guardian specifically for the particular examination or screening that is being conducted.

No parental consent for any nonemergency, invasive physical examination or screening may be included as part of a routine consent form contained in a school handbook and signed annually by parents or guardians at the start of a school year. The school district shall obtain parental consent separately and distinctly for each examination or screening conducted.

For the purposes of this section, a nonemergency, invasive physical examination or screening is any medical examination that involves the exposure of private body parts, or any act during the examination that includes incision, insertion, or injection into the body, and is:

(1) Required as a condition of attendance;

(2) Administered by the school district and scheduled by the school district in advance; and

(3) Not necessary to protect the immediate health and safety of the student.

The term does not include a hearing, vision, or scoliosis screening, or a dental screening or examination.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.