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UPDATE: 2/15/2023 - SB 125 died. The Senate Health and Human Services Committee deferred it to the 41st legislative day by a vote of 7 Yeas, 0 Nays. This kills the bill because there are no more than 40 legislative days in a session.
UPDATE: 2/13/2023 - SB 125 was scheduled for a hearing in the Senate Health and Human Services Committee on Wednesday, 2/15/2023 at 7:45 am in Room 412. Groups or individuals wanting to testify before the committee via remote means or submit a digital handout or written testimony may submit their request and/or materials [email protected]. Agenda: https://mylrc.sdlegislature.gov/api/Documents/249218.pdf#page=1
SB 125 was referred to the Senate Health and Human Services Committee on 1/26/2023. This bill is sponsored by Senator Frye-Mueller and co-sponsored by Senator Jensen.
This bill removes the Department of Health from being able to alter or control the implementation of the childhood school vaccination schedule. For a vaccine to be mandated, the legislature would have to pass a bill to amend § 13-28-7.1 to include the additional vaccine. The bill also prohibits any school, early childhood program, state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision from imposing on a child any additional vaccination or immunization requirements beyond those set forth in § 13-28-7.1.
This bill is well intentioned and NVIC supports the concept but cannot support the bill in its filed form. The state vaccine exemption language in existing statute is limiting and discriminatory. While this bill alters it somewhat, it doesn't resolve the problems with the exemption language and in some instances, makes it worse.
NVIC could support this bill if the following changes were made to address these issues (green underline = suggested insertion, red strikeout = suggested deletion):
Section 1. That § 13-28-7.1 be AMENDED:
13-28-7.1. Any childBefore entering school or being admitted to an early childhood program in this state, shall, prior to admission, be required to , a child shall present to the appropriate school or program authorities certification :
(1) Certification from a licensed physician that stating the child has received or is in the process of receiving adequate immunization against poliomyelitis, diphtheria, pertussis, rubeola, rubella, mumps, tetanus, meningitis, and varicella, according to recommendations provided by the Department of Health. The Department of Health may modify or delete any of the required immunizations. As an alternative to the requirement for a physician's certification, the child may present:;
(1)(2) Certification from a licensed physician stating the physical condition of the child would beis such that immunization wouldcould endanger the child's life or health or the life or health of someone living with or someone in close contact with the child; or
(2)(3) A written statement signed by one parent, or guardian or emancipated child that stating the parent, guardian or emancipated child objects to the immunization on religious grounds or on the basis of a strong moral or ethical conviction similar to a religious belief child is an adherent to a religious doctrine whose teachings are opposed to such immunization.
The Department of Health may promulgate reasonable rules, pursuant to chapter 1-26, to require compliance and documentation of adequate immunization, to define appropriate certification, and to specify standard procedure.
No school or early childhood program, and no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision, may impose on a child any additional vaccination or immunization requirements beyond those set forth in this section.
The Department of Health shall make available to all licensed physicians the certification forms referenced in subdivisions (1) and (2) of this section.
Each school and early childhood program that receives a certification from a physician, as permitted in accordance with subdivision (2) of this section, or that receives a statement from a parent or guardian, as permitted in accordance with subdivision (3) of this section, shall upon receipt forward a copy to the department.
https://sdlegislature.gov/Session/Bill/23743 - text, status and history for SB 125
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