CHAPTER 101

(SB 39)

Tuberculosis, requirement to be screened is repealed.


         ENTITLED, An Act to  repeal the requirement for tuberculosis screening for school students and employees.

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 a test for tuberculosis and is free from a contagious form of tuberculosis and 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 a test or 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 test and immunization; or

             (3)      A written statement signed by one parent or guardian requesting that the local health department give the test and immunization because the parents or guardians lack the means to pay for such tests and immunization.

     The Department of Health may adopt 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 § 13-28-7.2 be amended to read as follows:

     13-28-7.2.   The local board of health, upon application of the school board of any school affected by § 13-28-7.1 shall, at public expense to the extent that funds are available and without delay, provide the test for tuberculosis and the immunizations required by § 13-28-7.1 to such pupils as are not provided therewith the immunizations by their parents or guardians and who have not been exempted.

     Section  3.  That § 13-43-3 be amended to read as follows:


     13-43-3.   The school board of a public or the governing body of a nonpublic school shall require each employee, each student teacher, and each person providing services for pupils under contract, who is in regular contact with pupils, to submit, within ten days after first being employed, a certification of health signed by a licensed physician, nurse practitioner, certified nurse midwife, or physician's physician assistant. The certification shall include a statement that there is no evidence of physical condition that would endanger health, safety, or welfare of the pupils in the initial examination. Certification of freedom from tuberculosis shall be established by chest X ray or negative tuberculin skin tests. The secretary of the Department of Health shall prescribe the form for the certification of health and the certification of freedom from tuberculosis.

     Section  4.  That § 13-43-3.1 be repealed.

     Section  5.  That § 13-43-3.2 be repealed.

     Signed February 8, 2005
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