The proposed bill amends South Dakota law to establish conscience exemptions from certain vaccination requirements. It modifies the existing statute 34-22-18 to clarify that individuals suspected of having specific communicable diseases must accept necessary diagnosis or treatment, with penalties for intentional refusal. Importantly, the bill introduces a new provision allowing individuals to decline vaccinations based on personal conscience, which can be communicated either orally or in writing. It also prohibits any disciplinary actions against individuals who choose not to receive vaccinations for conscience-based reasons and ensures that no services or opportunities are denied based on vaccination status.

Additionally, the bill outlines the process for individuals to be informed of their right to a conscience exemption before any vaccination mandates are enforced. It allows for civil actions against violations of these provisions, entitling individuals to recover damages and legal costs. However, the bill specifies that these exemptions do not apply in certain circumstances, such as for healthcare facilities, school immunization requirements, or court-ordered medical treatments, among others. This legislation aims to balance public health concerns with individual rights regarding vaccination.

Statutes affected:
Introduced, 02/04/2025: 34-22-18
House Health and Human Services Engrossed, 02/13/2025: 34-22-18