The proposed bill amends South Dakota law to establish conscience exemptions from certain vaccination requirements. It modifies Section 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 stating that individuals are not required to receive vaccinations during a declared public health emergency if they invoke a conscience exemption. This exemption can be exercised either orally or in writing, and individuals cannot face disciplinary actions for declining vaccinations based on their conscience.

Additionally, the bill outlines the rights of individuals regarding vaccination mandates, requiring that any state agency or entity inform individuals of their right to a conscience exemption before imposing vaccination requirements. It also allows individuals to pursue civil action for violations of these rights, with provisions for recovering damages and attorney's fees. However, the bill specifies that these exemptions do not apply to certain entities, such as healthcare facilities and educational institutions, nor do they affect court-ordered medical treatments or requirements for the South Dakota National Guard under federal orders.

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