2020 House Bill 1156 - Introduced

SDLRC - 2020 House Bill 1156 - SD Legislature to prohibit the conduct of certain physical examinations or screenings on students in a school district without parental consent.

An Act to to prohibit the conduct of certain physical examinations or screenings on students in a school district without parental consent.

That a NEW SECTION be added:

13-1-67. Physical Examinations--Parental consent required.

No nonemergency, invasive physical examination or screening may be conducted on any student in any school district without the prior written consent of the student's parent or guardian. The written consent of the parent or guardian shall be obtained by the school district specifically for the particular examination or screening that is being conducted. No parental consent for any nonemergency, invasive physical examination or screening may be included as part of a routine consent form contained in a school handbook and signed annually by parents or guardians at the start of a school year. Parental consent shall be obtained separately and distinctly for each examination or screening conducted.

For the purposes of this section, a nonemergency, invasive physical examination or screening is any medical examination that involves the exposure of private body parts, or any act during the examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening and is:

  1. Required as a condition of attendance;

  2. Administered by the school and scheduled by the school in advance; and

  3. Not necessary to protect the immediate health and safety of the student.

For the purposes of this section, a nonemergency, invasive physical examination or screening does not include any dental examination or dental screening.