An Act to prohibit the imposition of additional immunization requirements on children.
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.
Any
childBefore
entering school or being
admitted to an
early childhood program
in this state, shall, prior to admission, be required to ,
a child shall present
to the appropriate school or
program authorities
certification
:
(1) Certification
from a licensed
physician
that
stating 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)(2) Certification
from a licensed physician stating the physical condition of the child
would
beis
such that immunization would endanger the child's life or health; or
(2)(3) A
written statement signed by one parent or guardian that
stating
the child is an
adherent to a religious doctrine whose teachings are opposed to such
immunization.
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.
No school or early childhood program, and no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision, may impose on a child any additional vaccination or immunization requirements beyond those set forth in this section.
The Department of Health shall make available to all licensed physicians the certification forms referenced in subdivisions (1) and (2) of this section.
Each school and early childhood program that receives a certification from a physician, as permitted in accordance with subdivision (2) of this section, or that receives a statement from a parent or guardian, as permitted in accordance with subdivision (3) of this section, shall upon receipt forward a copy to the department.