On Tuesday, the South Dakota House Health and Human Services committee heard a bill that would have struck mandates requiring immunizations for all students. A motion to move the bill to the 41st day passed 10-2, effectively killing it (there are only 40 days in the South Dakota legislative session). 

House Bill 1235 was introduced by Rep. Qualm (R-Bon Homme), who serves as Majority Leader of the South Dakota House. In addition to removing mandates regarding specific vaccines, including those protecting against mumps, tetanus and meningitis, the bill would have also made it illegal for any official to impose requirements concerning vaccines. Enforcing such rules would have become a Class 1 misdemeanor.

“Vaccinations have literally saved millions of lives over the years,” said Gov. Kristi Noem. “That [bill] is not something that I can support.” Noem announced on Friday that her office would be opposing the bill. In Tuesday’s hearing, the governor was represented by Health and Human Services Secretary Kim Malsom-Rysdon, who argued that there has not been a measles outbreak in South Dakota since 2015 when several unvaccinated children contracted the disease. 

Qualm argued that he is not necessarily against vaccines, but that he wants parents to have a choice in what their children are exposed to. He also stressed that the bill does not ban vaccines.

“This bill is about freedom that is protected in our constitution,” said Qualm during Tuesday’s hearing.  “It affirms that each citizen has the right to choose or reject any medical procedure free from threat or compulsion. “It protects…every citizen’s own bodily autonomy and that of our precious children.”

Supporting Qualm was Dr. Lawrence Palevsky, an NYU grad who currently serves as a pediatrician at Northport Wellness Center in New York City. Palvesky expressed concerns that vaccines are not backed by science, and that they could be linked to learning disabilities. He pointed to higher rates of autism and A.D.D. in U.S. children, where immunization is at a record high.

Molly Satter, Health Services Supervisor for the Sioux Falls School District, testified against the bill, joining doctors, parents and lobbyists from Sanford. District superintendent Brian Maher stated earlier last week that the District would stand in opposition.

“If vaccinations are not a requirement, many kids that are vulnerable [or] medically fragile could be put into peril,” said Maher.

After over two hours of testimony and questions, a motion to pass the bill failed and the committee voted to defer it. Supporting the bill were Rep. Frye-Mueller (R-Custer) and Rep. St. John (R-Brown).