State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements
For State: SD

** Click on each result to read the abridged text of the state immunization law.

Patient Type	Vaccine	Requirement
Hospital Employees	Hepatitis B[1]	Offer[246]
	Influenza[2]	No[573]
	MMR[3]	No
	Varicella[4]	No
	Pneumococcal[5]	No
	Medical(M),Religious(R), or Philosophical(P) Exemptions[6]	No
Hospital Inpatients	Influenza[7]	No
	Pneumococcal[8]	No
	Medical(M),Religious(R), or Philosophical(P) Exemptions[9]	No
Individual Providers' Patients	Any Immunization[10]	No
	Medical(M),Religious(R), or Philosophical(P) Exemptions[11]	No
Ambulatory Care Facilities Employees	Any Immunization[12]	Offer[247]
	Medical(M),Religious(R), or Philosophical(P) Exemptions[13]	No
Ambulatory Care Facilities Patients	Any Immunization[14]	No
	Medical(M),Religious(R), or Philosophical(P) Exemptions[15]	No
Correctional Inmates and Residents	Any Immunization[16]	Ensure[248]
	Medical(M),Religious(R), or Philosophical(P) Exemptions[17]	Yes – (M)[249], (R)[250]
Developmentally Disabled Facility Residents	Any Immunization[18]	Ensure[251]
	Medical(M),Religious(R), or Philosophical(P) Exemptions[19]	Yes – (M)[252] & (R)[253]
	[]

[1] Does the jurisdiction require that any hospitals offer hepatitis B vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with hepatitis B vaccine?
[2] Does the jurisdiction require that any hospitals offer influenza vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with influenza vaccine?
[3] Does the jurisdiction require that any hospitals offer measles/mumps/rubella (MMR) vaccine (or any component thereof) to any employees of the hospital, or ensure that any such employees are vaccinated with MMR vaccine?
[4] Does the jurisdiction require that any hospitals offer varicella vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with varicella vaccine?
[5] Does the jurisdiction require that any hospitals offer pneumococcal polysaccharide vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with pneumococcal polysaccharide vaccine?	Top of Page
[6] If any hospitals are required to ensure that any hospital employees are vaccinated with hepatitis B, influenza, MMR, varicella or pneumococcal vaccine, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?
[7] Does the jurisdiction require that any hospitals offer any inpatients of the hospital influenza vaccine, or ensure that any inpatients are vaccinated with influenza vaccine?
[8] Does the jurisdiction require that any hospitals offer any inpatients of the hospital pneumococcal polysaccharide vaccine, or ensure that any inpatients are vaccinated with pneumococcal polysaccharide vaccine?
[9] If any hospitals are required to ensure that any hospital inpatients are vaccinated with influenza or pneumococcal vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?	Top of Page
[10] Does the jurisdiction require that any individual healthcare providers offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?
[11] If any individual providers are required to ensure that any of their patients are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?
[12] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any employees, or ensure that any employees are vaccinated with any vaccines?
[13] If any ambulatory care facilities are required to ensure that any employees are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?	Top of Page
[14] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?
[15] If any ambulatory care facilities are required to ensure that any patients are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?
[16] Does the jurisdiction require that any correctional facilities or juvenile detention centers offer any vaccinations to any inmates or juveniles, or ensure that any inmates or juveniles are vaccinated with any vaccines?
[17] If any correctional centers or juvenile detention centers are required to ensure that any inmates or juveniles are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?	Top of Page
[18] Does the jurisdiction require that any residential facilities for the developmentally disabled or mentally retarded offer any residents any vaccinations, or ensure that any residents are vaccinated with any vaccines?
[19] If any residential facilities for the developmentally disabled or mentally retarded are required to ensure that any residents are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?
[246] For South Dakota requirements, see S.D. Admin. R. 44:04:02:09, relating to “medical facilities.” S.D. Admin. R. 44:04:02:09 provides that pathogen control must include a written exposure control plan, approved by the facility’s medical director or physician responsible for infection control, that addresses the requirements contained in 29 CFR § 1910.1030. 29 CFR § 1910.1030 requires employers to make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. The employer shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination. If the employee initially declines vaccination but changes their mind while still covered under the standard, the employer shall make the hepatitis B vaccine available. If a routine booster dose(s) is recommended by the U.S. Public Health Service, the dose(s) shall be made available to the employee free of charge.
[247] For South Dakota requirements, see S.D. Admin. R. 44:04:02:09, relating to “medical facilities.” S.D. Admin. R. 44:04:02:09 provides that pathogen control must include a written exposure control plan, approved by the facility’s medical director or physician responsible for infection control, that addresses the requirements contained in 29 CFR § 1910.1030. 29 CFR § 1910.1030 requires employers to make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. The employer shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination. If the employee initially declines vaccination but changes their mind while still covered under the standard, the employer shall make the hepatitis B vaccine available. If a routine booster dose(s) is recommended by the U.S. Public Health Service, the dose(s) shall be made available to the employee free of charge. See also South Dakota Executive Order 2014-11, which requires all state-employed personnel providing direct health care services in a clinic, office, home, or other setting, or any state-employed personnel whose routine work duties brings them into direct contact with a client or patient in a patient or client care area, and all state-employed personnel entering a licensed healthcare facility on a routine basis as part of their job responsibilities to be vaccinated against influenza by December 1 of each year. Exceptions to the requirement are provided to any person who has a documented medical contraindication to the influenza vaccination or who is adherent to a religious doctrine whose teachings are opposed to immunizations. South Dakota Executive Order 2014-11 applies to state employees working in healthcare facilities rather than all ambulatory care facility employees and therefore does not constitute a requirement for purposes of this database.	Top of Page
[248] For South Dakota requirements, see S.D. Codified Laws § 13-28-7.1, requiring any pupil entering school or an early childhood program 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 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. In South Dakota, the Department of Health’s Program Administrator for Correctional Health Services considers that juvenile detention facilities are certified schools, and immunizations are provided in such facilities pursuant to statutory requirements for schools. Communication from Joan Schueller, November 9, 2005.
[249] For South Dakota, for medical exemptions to the requirements of S.D. Codified Laws § 13-28-7.1, see S.D. Codified Laws § 13-28-7.1(1), providing that, as an alternative to the requirement for a physician's certification, the pupil may present certification from a licensed physician stating the physical condition of the child would be such that immunization would endanger the child's life or health.
[250] For South Dakota, for religious exemptions to the requirements of S.D. Codified Laws § 13-28-7.1, see S.D. Codified Laws § 13-28-7.1(2), providing that, as an alternative to the requirement for a physician's certification, the pupil may present 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.
[251] For South Dakota requirements, see S.D. Admin. R. 67:42:09:19, relating to “child placement agencies,” and S.D. Codified Laws § 27B-3-17 and § 27B-3-18, relating to “state institutions for persons with developmental disabilities.” S.D. Admin. R. 67:42:09:19 requires the agency to obtain current immunizations and vaccinations in accordance with S.D. Codified Laws § 13-28-7.1 for each child in its care. S.D. Codified Laws § 13-28-7.1 provides that each 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 a test for tuberculosis and is free from a contagious form of tuberculosis and 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. “Child placement agencies” are defined in S.D. Admin. R. 67:42:09:01 to include “group homes.” “Group homes” are further defined in S.D. Admin. R. 46:11:01:01 as a congregate residential facility, other than a supervised apartment, for individuals with developmental disabilities, which is certified by the department according to chapter 46:11:02 to provide residential services, training in skills needed for independent living, recreational activities, and basic supervision for individuals with developmental disabilities. S.D. Codified Laws § 27B-3-17 provides that any person with a developmental disability voluntarily or involuntarily admitted to the facility shall be tested for communicable diseases as deemed necessary by a licensed physician in charge of tests and immunizations at the facility, by such means of tests and immunizations as are approved by the Department of Health. S.D. Codified Laws § 27B-3-18 provides that the facility shall provide to persons with developmental disabilities the required tests and the immunizations that are not provided by a parent or guardian, and have not been exempted pursuant to § 27B-3-17. This chart assumes that S.D. Codified Laws § 27B-3-17 and § 27B-3-18 set forth “ensure” requirements because exemptions to the administration requirement are provided, indicating that the immunization requirements are mandatory. Also note S.D. Admin. R. 46:17:05:02, requiring the South Dakota Development Center to provide or obtain preventative or general medical care as well as annual physical examinations of each individual that include immunizations. However, the language is too vague to conclusively determine whether this is an “offer” or “ensure” requirement.	Top of Page
[252] For South Dakota, for medical exemptions to the administration requirements of S.D. Admin. R. 67:42:09:19, relating to “child placement agencies,” and S.D. Codified Laws § 27B-3-17 and § 27B-3-18, relating to “state institutions for persons with developmental disabilities,” see S.D. Admin. R. 67:42:09:19 and S.D. Codified Laws § 27B-3-17. S.D. Admin. R. 67:42:09:19 provides that, as an alternative to the requirement for a physician’s certification, the child may present certification from a licensed physician stating that the physical condition of the child would be such that a test or immunization would endanger the child's life or health. S.D. Codified Laws § 27B-3-17 provides that immunization administration requirements are inapplicable where certification from a licensed physician stating the physical condition of the person with a developmental disability would be such that a test or immunization would endanger the person's life or health is presented.
[253] For South Dakota, for religious exemptions to the administration requirements of S.D. Admin. R. 67:42:09:19, relating to “child placement agencies,” and S.D. Codified Laws § 27B-3-17 and § 27B-3-18, relating to “state institutions for persons with developmental disabilities,” see S.D. Admin. R. 67:42:09:19 and S.D. Codified Laws § 27B-3-17. S.D. Admin. R. 67:42:09:19 provide that, as an alternative to the requirement for a physician’s certification, the child may present 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 test and immunizations. S.D. Codified Laws § 27B-3-17 provides that immunization administration requirements are inapplicable where a written statement signed by a parent or guardian of the person with a developmental disability that the person is adherent to a belief whose teachings are opposed to the test and immunization is presented.
[573] For South Dakota, no regulation or statute specifically refers to vaccination against influenza for hospital employees. However, note South Dakota Executive Order 2014-11, which requires all state-employed personnel providing direct health care services in a clinic, office, home, or other setting, or any state-employed personnel whose routine work duties brings them into direct contact with a client or patient in a patient or client care area, and all state-employed personnel entering a licensed healthcare facility on a routine basis as part of their job responsibilities to be vaccinated against influenza by December 1 of each year. Exceptions to the requirement are provided to any person who has a documented medical contraindication to the influenza vaccination or who is adherent to a religious doctrine whose teachings are opposed to immunizations. South Dakota Executive Order 2014-11 applies to state employees working in healthcare facilities rather than all hospital employees and therefore does not constitute a requirement for purposes of this database.

Disclaimer: The purpose of this database is to provide researchers, policymakers, and state and local public health practitioners with descriptive information concerning state immunization-related law. No part of this legal analysis involves providing legal advice or answering specific questions of law on behalf of any person or organization.