25.706.13 100th Legislative Session 1223
2025 South Dakota Legislature
House Bill 1223
HOUSE HEALTH AND HUMAN SERVICES ENGROSSED
Introduced by: Representative Andera
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to provide for conscience exemptions from certain vaccinations . 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 a vaccination for a disease or condition that 12
is the subject of a declared public health emergency if the individual has exercised the 13
right to a conscience exemption for the treatment, as provided in sections 2 to 7, inclusive, 14
of 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) "Vaccination," a vaccination approved by the United States Food and Drug 24
Administration. 25 25.706.13 2 1223
Underscores indicate new language.
Overstrikes indicate deleted language.
Section 3. That a NEW SECTION be added to title 34: 1
An individual has the right to be exempt from any mandate, requirement, 2
obligation, or demand to receive a vaccination on the basis that receiving the vaccination 3
violates the individual's conscience. An individual may exercise the right to be exempt 4
under sections 2 to 7, inclusive, of this Act orally or in writing. 5
Section 4. That a NEW SECTION be added to title 34: 6
No individual may be subjected to any disciplinary action as a result of the 7
individual's decision to decline receipt of a vaccination on the basis of conscience. 8
No state agency, political subdivision, or person may refuse to provide any service, 9
product, admission to a venue or building, or transportation to an individual because that 10
individual has or has not received a vaccination. 11
Section 5. That a NEW SECTION be added to title 34: 12
Before any state agency, political subdivision, or person attempts to mandate or 13
require that an individual receive a vaccination, or attempts to condition an individual's 14
job or student status upon the receipt of a vaccination, the state agency, political 15
subdivision, or person must inform the individual of the right to the conscience exemption 16
under sections 2 to 7, inclusive, of this Act. 17
Section 6. That a NEW SECTION be added to title 34: 18
A civil action for damages or injunctive relief, or both, may be brought by any 19
individual for any violation of sections 3 to 5, inclusive, of this Act. An individual, who is 20
aggrieved by any violation of sections 3 to 5, inclusive, of this Act and commences a civil 21
action, is entitled, upon the finding of a violation, to recover threefold the actual damages 22
sustained, along with the costs of the action and reasonable attorney's fees. 23
Section 7. That a NEW SECTION be added to title 34: 24
Sections 3 to 6, inclusive, of this Act do not apply to: 25
(1) The following, if compliance would result in a violation of regulations issued by the 26
Centers for Medicare and Medicaid Services or by the Centers for Disease Control 27
and Prevention: 28
(a) A community mental health center; 29 25.706.13 3 1223
Underscores indicate new language.
Overstrikes indicate deleted language.
(b) A community services provider or community support provider, as defined 1
in § 27B-1-17; 2
(c) A health care facility, as defined in chapter 34-12; or 3
(d) An intermediate care facility for individuals with intellectual disabilities; 4
(2) Immunizations required for admission to school or an early childhood program, as 5
described in § 13-28-7.1; 6
(3) Medical treatment required by a clinical placement location, if the clinical placement 7
location is required for continued enrollment in, or completion of, a health sciences 8
program offered by the Board of Regents or South Dakota Board of Technical 9
Education; 10
(4) Court-ordered medical treatment; 11
(5) Medical treatment administered to an individual who is experiencing a mental 12
health crisis and is determined, by a qualified mental health professional, to be in 13
an immediate danger to oneself or others; and 14
(6) The South Dakota National Guard. 15
Sections 3 to 6, inclusive, of this Act do not prevent the South Dakota National 16
Guard from requiring a vaccination in compliance with a valid and lawful command order 17
that applies to a servicemember who is subject to federal activation. 18