Quick Facts and Resources for South Dakota Residents
Quick Fact: Submit a written statement signed by one parent or guardian that the child is an adherent to a religious doctrine whose teachings are opposed to such immunization. Medical exemptions are also allowed.
Other Resources: Many vaccination and exemption information links are date specific. If the links below have expired, click on the state's department of health, or immunization program link provided below, as they are likely to provide links to updated information. The General Information link leads to the overview page provided by the state at the time of this webpage's update and may also be helpful. Please email NVIC with broken link information.
- General Information
- Vaccination Requirements - Request college/university of choice for their Proof of Immunization Compliance, as each institution may use its own form.
- Exemption Information - Request college/university of choice for their Proof of Immunization Compliance, as each institution may use its own form.
- State Healthcare Worker and Patient Vaccination Laws
- State of South Dakota Legislature – see applicable statutes and their hyperlinks below. Visit NVIC’s Advocacy Portal for information on legislation introduced impacting vaccine exemption rights.
- Register and Rule Email Notification – A service provided by the South Dakota Legislature.
- State of South Dakota Department of Health
- State of South Dakota Immunization Program
- State of South Dakota Vaccine Tracking System – You may also wish to contact your state’s vaccine tracking registry to determine if the ability to opt out is available.
- State of South Dakota Proposed Rule-Making – View your state’s registry to learn about proposed rule-making.
TITLE 13. EDUCATION
CHAPTER 13-28. SCHOOL ATTENDANCE PRIVILEGES AND TUITION
S.D. Codified Laws § 13-28-7.1
§ 13-28-7.1. Tests and immunizations for communicable diseases required for admission to school or early childhood program -- Exceptions -- Rules
Any pupil entering school or an early childhood program in this state, shall, prior to admission, be required to present to the appropriate school authorities certification from a licensed physician that the child has received or is in the process of receiving adequate immunization against poliomyelitis, diphtheria, pertussis, rubeola, rubella, mumps, tetanus, 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 pupil may present:
(1) Certification from a licensed physician stating the physical condition of the child would be such that an immunization would endanger the child's life or health; or
(2) A written statement signed by one parent or guardian that the child is an adherent to a religious doctrine whose teachings are opposed to such immunization; or
(3) A written statement signed by one parent or guardian requesting that the local health department give the immunization because the parents or guardians lack the means to pay for such immunization.
The Department of Health may promulgate reasonable rules, in accordance with chapter 1-26, to require compliance and documentation of adequate immunization, to define appropriate certification, and to specify standard procedure.
TITLE 13. EDUCATION
CHAPTER 13-53. ADMINISTRATION OF STATE INSTITUTIONS
13-53-47. Immunizations required for students entering public or private postsecondary educational institutions--Alternatives.
Any student entering a public or private postsecondary education institution in this state for the first time after July 1, 2008, shall, within forty-five days after the start of classes, present to the appropriate institution certification from a licensed physician that the student has received or is in the process of receiving the required two doses of immunization against measles, rubella, and mumps. As an alternative to the requirement for a physician's certification, the student may present:
(1) Certification from a licensed physician stating the physical condition of the student would be such that immunization would endanger the student's life or health;
(2) Certification from a licensed physician stating the student has experienced the natural disease against which the immunization protects;
(3) Confirmation from a laboratory of the presence of adequate immunity; or
(4) A written statement signed by the student that the student is an adherent to a religious doctrine whose teachings are opposed to such immunizations. If the student is under the age of eighteen, the written statement shall be signed by one parent or guardian.
Below are state statutes relating to minor consent for this state; however, there may be additional statutes NVIC is unaware of, and readers may need to do additional research and/or obtain additional legal advice. NVIC doesn't provide legal advice and provides the below for informational purposes only. NVIC provides additional resource information in our FAQ on Vaccination in School-Based Health Clinics, should readers have concerns about the vaccination of their child without parental knowledge or consent this school setting.
South Dakota Codified Laws
Title 25. Domestic Relations
Chapter 25-5. Parent and Child
Any person under the age of eighteen years who:
(1) Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or
(2) Is on active duty with any of the armed forces of the United States of America; or
(3) Has received a declaration of emancipation pursuant to § 25-5-26;is an emancipated minor.
25-5-25. Age of majority for certain purposes--Parent or guardian liability.
An emancipated minor shall be considered as being over the age of majority for the following purposes:
(1) For the purpose of consenting to medical, chiropractic, optometric, dental, or psychiatric care, without parental consent, knowledge or liability;
(2) For the purpose of his capacity to enter into a binding contract;
(3) For the purpose of his capacity to sue and be sued in his own name;
(4) For the purpose of his right to support by his parents;
(5) For purposes of the rights of his parents to his earnings, and to control him;
(6) For the purpose of establishing his own residence;
(7) For the purpose of buying or selling real property;
(8) For the purpose of ending all vicarious liability of the minor's parents or guardian for the minor's torts; and
(9) For the purpose of enrolling in any school or college.
Nothing in this section may be construed to relieve the minor's parents or guardian from any liability for the torts of an emancipated minor if the liability arises out of an agency relationship, out of the operation of a motor vehicle as provided in § 25-5-15 or some other principle of law other than the parent-child relationship.