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.
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 childwould
be
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
childis
anadherent 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.
Any student
entering a public or private postsecondary education institution in
this state for the first time after July 1, 20082023,
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 indicating
that the
student is an
adherent to a religious doctrine whose teachings are opposed
to such immunizationsimmunization
because of a sincerely held religious or philosophical belief.
If the student is under the age
of eighteen, the written statement shall
authorized
by subdivision (4) must be
signed by one parent or guardian.