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South Dakota House Bill HB1223

South Dakota 2025 Regular Session

South Dakota House Bill HB1223 Compare Versions

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1-25.706.13 100th Legislative Session 1223
1+25.706.12 100th Legislative Session 1223
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44 2025 South Dakota Legislature
55 House Bill 1223
6-HOUSE HEALTH AND HUMAN SERVICES ENGROSSED
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1212 Introduced by: Representative Andera
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1414 Underscores indicate new language.
1515 Overstrikes indicate deleted language.
16-An Act to provide for conscience exemptions from certain vaccinations . 1
16+An Act to provide for conscience exemptions from certain medical treatments. 1
1717 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
1818 Section 1. That § 34-22-18 be AMENDED: 3
1919 34-22-18. Any person individual in the state reasonably suspected of having 4
2020 active tuberculosis, middle east respiratory syndrome (MERS), severe acute respiratory 5
2121 syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition 6
2222 which that is the subject of a declared public health emergency pursuant to § 34-22-42, 7
2323 shall accept a necessary diagnosis or treatment, or both. Any person individual who 8
2424 intentionally refuses to accept the diagnosis or treatment, or both, or who fails to follow 9
2525 the reasonable and necessary directives of the department issued for the protection of 10
2626 other persons individuals, is guilty of a Class 1 misdemeanor. 11
27-An individual is not required to receive a vaccination for a disease or condition that 12
28-is the subject of a declared public health emergency if the individual has exercised the 13
29-right to a conscience exemption for the treatment, as provided in sections 2 to 7, inclusive, 14
30-of this Act. 15
27+An individual is not required to receive treatment for a disease or condition that is 12
28+the subject of a declared public health emergency if the individual has exercised the right 13
29+to a conscience exemption for the treatment, as provided in sections 2 to 7, inclusive, of 14
30+this Act. 15
3131 Section 2. That a NEW SECTION be added to title 34: 16
3232 Terms used in sections 2 to 7, inclusive, of this Act mean: 17
3333 (1) "Conscience," an individual's inner conviction regarding that which is right or wrong 18
3434 in the individual's conduct; 19
3535 (2) "Disciplinary action," either of the following: 20
3636 (a) Termination, demotion, or any loss of employment status; or 21
3737 (b) Any loss of student status, including status in a particular course or program 22
3838 of study; and 23
39-(3) "Vaccination," a vaccination approved by the United States Food and Drug 24
40-Administration. 25 25.706.13 2 1223
39+(3) "Medical treatment," any of the following: 24
40+(a) An injection; 25 25.706.12 2 1223
4141 Underscores indicate new language.
4242 Overstrikes indicate deleted language.
43-Section 3. That a NEW SECTION be added to title 34: 1
44-An individual has the right to be exempt from any mandate, requirement, 2
45-obligation, or demand to receive a vaccination on the basis that receiving the vaccination 3
46-violates the individual's conscience. An individual may exercise the right to be exempt 4
47-under sections 2 to 7, inclusive, of this Act orally or in writing. 5
48-Section 4. That a NEW SECTION be added to title 34: 6
49-No individual may be subjected to any disciplinary action as a result of the 7
50-individual's decision to decline receipt of a vaccination on the basis of conscience. 8
51-No state agency, political subdivision, or person may refuse to provide any service, 9
52-product, admission to a venue or building, or transportation to an individual because that 10
53-individual has or has not received a vaccination. 11
54-Section 5. That a NEW SECTION be added to title 34: 12
55-Before any state agency, political subdivision, or person attempts to mandate or 13
56-require that an individual receive a vaccination, or attempts to condition an individual's 14
57-job or student status upon the receipt of a vaccination, the state agency, political 15
58-subdivision, or person must inform the individual of the right to the conscience exemption 16
59-under sections 2 to 7, inclusive, of this Act. 17
60-Section 6. That a NEW SECTION be added to title 34: 18
61-A civil action for damages or injunctive relief, or both, may be brought by any 19
62-individual for any violation of sections 3 to 5, inclusive, of this Act. An individual, who is 20
63-aggrieved by any violation of sections 3 to 5, inclusive, of this Act and commences a civil 21
64-action, is entitled, upon the finding of a violation, to recover threefold the actual damages 22
65-sustained, along with the costs of the action and reasonable attorney's fees. 23
66-Section 7. That a NEW SECTION be added to title 34: 24
67-Sections 3 to 6, inclusive, of this Act do not apply to: 25
68-(1) The following, if compliance would result in a violation of regulations issued by the 26
69-Centers for Medicare and Medicaid Services or by the Centers for Disease Control 27
70-and Prevention: 28
71-(a) A community mental health center; 29 25.706.13 3 1223
43+(b) An invasive medical procedure; 1
44+(c) A medication; or 2
45+(d) A vaccination approved by the United States Food and Drug Administration. 3
46+Section 3. That a NEW SECTION be added to title 34: 4
47+An individual has the right to be exempt from any mandate, requirement, 5
48+obligation, or demand to receive a medical treatment on the basis that receiving the 6
49+medical treatment violates the individual's conscience. An individual may exercise the 7
50+right to be exempt under sections 2 to 7, inclusive, of this Act orally or in writing. 8
51+Section 4. That a NEW SECTION be added to title 34: 9
52+No individual may be subjected to any disciplinary action as a result of the 10
53+individual's decision to decline receipt of a medical treatment on the basis of conscience. 11
54+No state agency, political subdivision, or person may refuse to provide any service, 12
55+product, admission to a venue or building, or transportation to an individual because that 13
56+individual has or has not received a medical treatment. 14
57+Section 5. That a NEW SECTION be added to title 34: 15
58+Before any state agency, political subdivision, or person attempts to mandate or 16
59+require that an individual receive a medical treatment, or attempts to condition an 17
60+individual's job or student status upon the receipt of a medical treatment, the state 18
61+agency, political subdivision, or person must inform the individual of the right to the 19
62+conscience exemption under sections 2 to 7, inclusive, of this Act. 20
63+Section 6. That a NEW SECTION be added to title 34: 21
64+A civil action for damages or injunctive relief, or both, may be brought by any 22
65+individual for any violation of sections 3 to 5, inclusive, of this Act. An individual, who is 23
66+aggrieved by any violation of sections 3 to 5, inclusive, of this Act and commences a civil 24
67+action, is entitled, upon the finding of a violation, to recover threefold the actual damages 25
68+sustained, along with the costs of the action and reasonable attorney's fees. 26
69+Section 7. That a NEW SECTION be added to title 34: 27
70+Sections 3 to 6, inclusive, of this Act do not apply to: 28 25.706.12 3 1223
7271 Underscores indicate new language.
7372 Overstrikes indicate deleted language.
74-(b) A community services provider or community support provider, as defined 1
75-in § 27B-1-17; 2
76-(c) A health care facility, as defined in chapter 34-12; or 3
77-(d) An intermediate care facility for individuals with intellectual disabilities; 4
78-(2) Immunizations required for admission to school or an early childhood program, as 5
79-described in § 13-28-7.1; 6
80-(3) Medical treatment required by a clinical placement location, if the clinical placement 7
81-location is required for continued enrollment in, or completion of, a health sciences 8
82-program offered by the Board of Regents or South Dakota Board of Technical 9
83-Education; 10
84-(4) Court-ordered medical treatment; 11
85-(5) Medical treatment administered to an individual who is experiencing a mental 12
86-health crisis and is determined, by a qualified mental health professional, to be in 13
87-an immediate danger to oneself or others; and 14
88-(6) The South Dakota National Guard. 15
89-Sections 3 to 6, inclusive, of this Act do not prevent the South Dakota National 16
90-Guard from requiring a vaccination in compliance with a valid and lawful command order 17
91-that applies to a servicemember who is subject to federal activation. 18
73+(1) A health care facility, as defined in chapter 34-12, if compliance would result in a 1
74+violation of regulations issued by the Centers for Medicare and Medicaid Services 2
75+or by the Centers for Disease Control and Prevention; 3
76+(2) Immunizations required for admission to school or an early childhood program, as 4
77+described in § 13-28-7.1; 5
78+(3) Court-ordered medical treatment; 6
79+(4) Medical treatment administered to an individual who is experiencing a mental 7
80+health crisis and is determined, by a qualified mental health professional, to be in 8
81+an immediate danger to oneself or others; and 9
82+(5) The South Dakota National Guard. 10
83+Sections 3 to 6, inclusive, of this Act do not prevent the South Dakota National 11
84+Guard from requiring a medical treatment in compliance with a valid and lawful command 12
85+order that applies to a servicemember who is subject to federal activation. 13