25.706.12 100th Legislative Session 1223
2025 South Dakota Legislature
House Bill 1223
Introduced by: Representative Andera
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to provide for conscience exemptions from certain medical treatments. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 34-22-18 be AMENDED: 3
34-22-18. Any person individual in the state reasonably suspected of having 4
active tuberculosis, middle east respiratory syndrome (MERS), severe acute respiratory 5
syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition 6
which that is the subject of a declared public health emergency pursuant to § 34-22-42, 7
shall accept a necessary diagnosis or treatment, or both. Any person individual who 8
intentionally refuses to accept the diagnosis or treatment, or both, or who fails to follow 9
the reasonable and necessary directives of the department issued for the protection of 10
other persons individuals, is guilty of a Class 1 misdemeanor. 11
An individual is not required to receive treatment for a disease or condition that is 12
the subject of a declared public health emergency if the individual has exercised the right 13
to a conscience exemption for the treatment, as provided in sections 2 to 7, inclusive, of 14
this Act. 15
Section 2. That a NEW SECTION be added to title 34: 16
Terms used in sections 2 to 7, inclusive, of this Act mean: 17
(1) "Conscience," an individual's inner conviction regarding that which is right or wrong 18
in the individual's conduct; 19
(2) "Disciplinary action," either of the following: 20
(a) Termination, demotion, or any loss of employment status; or 21
(b) Any loss of student status, including status in a particular course or program 22
of study; and 23
(3) "Medical treatment," any of the following: 24
(a) An injection; 25 25.706.12 2 1223
Underscores indicate new language.
Overstrikes indicate deleted language.
(b) An invasive medical procedure; 1
(c) A medication; or 2
(d) A vaccination approved by the United States Food and Drug Administration. 3
Section 3. That a NEW SECTION be added to title 34: 4
An individual has the right to be exempt from any mandate, requirement, 5
obligation, or demand to receive a medical treatment on the basis that receiving the 6
medical treatment violates the individual's conscience. An individual may exercise the 7
right to be exempt under sections 2 to 7, inclusive, of this Act orally or in writing. 8
Section 4. That a NEW SECTION be added to title 34: 9
No individual may be subjected to any disciplinary action as a result of the 10
individual's decision to decline receipt of a medical treatment on the basis of conscience. 11
No state agency, political subdivision, or person may refuse to provide any service, 12
product, admission to a venue or building, or transportation to an individual because that 13
individual has or has not received a medical treatment. 14
Section 5. That a NEW SECTION be added to title 34: 15
Before any state agency, political subdivision, or person attempts to mandate or 16
require that an individual receive a medical treatment, or attempts to condition an 17
individual's job or student status upon the receipt of a medical treatment, the state 18
agency, political subdivision, or person must inform the individual of the right to the 19
conscience exemption under sections 2 to 7, inclusive, of this Act. 20
Section 6. That a NEW SECTION be added to title 34: 21
A civil action for damages or injunctive relief, or both, may be brought by any 22
individual for any violation of sections 3 to 5, inclusive, of this Act. An individual, who is 23
aggrieved by any violation of sections 3 to 5, inclusive, of this Act and commences a civil 24
action, is entitled, upon the finding of a violation, to recover threefold the actual damages 25
sustained, along with the costs of the action and reasonable attorney's fees. 26
Section 7. That a NEW SECTION be added to title 34: 27
Sections 3 to 6, inclusive, of this Act do not apply to: 28 25.706.12 3 1223
Underscores indicate new language.
Overstrikes indicate deleted language.
(1) A health care facility, as defined in chapter 34-12, if compliance would result in a 1
violation of regulations issued by the Centers for Medicare and Medicaid Services 2
or by the Centers for Disease Control and Prevention; 3
(2) Immunizations required for admission to school or an early childhood program, as 4
described in § 13-28-7.1; 5
(3) Court-ordered medical treatment; 6
(4) Medical treatment administered to an individual who is experiencing a mental 7
health crisis and is determined, by a qualified mental health professional, to be in 8
an immediate danger to oneself or others; and 9
(5) The South Dakota National Guard. 10
Sections 3 to 6, inclusive, of this Act do not prevent the South Dakota National 11
Guard from requiring a medical treatment in compliance with a valid and lawful command 12
order that applies to a servicemember who is subject to federal activation. 13