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26.367.16 101st Legislative Session 8
2026 South Dakota Legislature
Senate Bill 8
ENROLLED
AN ACT
ENTITLED An Act to permit a school district to administer epinephrine using a nasal
spray.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-33A-4 be AMENDED:
13-33A-4. Any school may acquire and maintain a stock of epinephrine auto -
injectors or nasal spray pursuant to a prescription issued by an authorized health care
provider for use in an emergency situation of a severe allergic reaction causing
anaphylaxis. The provisions of this section are not subject to the prescription requirements
in chapter 36-11.
Section 2. That § 13-33A-5 be AMENDED:
13-33A-5. Each school shall adopt a policy for the use and storage of epinephrine
auto-injectors or nasal spray and shall notify the parents or guardians of each student
about the policy.
Section 3. That § 13-33A-6 be AMENDED:
13-33A-6. Any school nurse or other designated school personnel, upon
authorization by the governing school body, may:
(1) Administer an epinephrine auto-injector or nasal spray to a student in accordance
with a prescription specific to the student on file with the school;
(2) Administer an epinephrine auto-injector or nasal spray to any student during school
hours if the school nurse or designated school personnel believe that the student
is experiencing anaphylaxis in accordance with a standing protocol from an
authorized health care provider, regardless of whether a student has a prescription
for an epinephrine auto -injector or nasal spray or has been diagnosed with an
allergy.
26.367.16 2 8
SB8 ENROLLED
Section 4. That § 13-33A-7 be AMENDED:
13-33A-7. Prior to administering an epinephrine auto-injector or nasal spray made
available by the school, each designated school personnel shall be trained by a licensed
health care professional:
(1) To recognize the symptoms of a severe allergy or anaphylactic reaction;
(2) To know the procedure for the administration of an epinephrine auto -injector or
nasal spray;
(3) To know the procedure for storage of an epinephrine auto-injector or nasal spray;
and
(4) To know the emergency care and aftercare for a student who has an allergic or
anaphylactic reaction.
Section 5. That § 13-33A-8 be AMENDED:
13-33A-8. No school district, administrator, school board, school nurse, or
designated school personnel that possess or make available epinephrine auto-injectors or
nasal spray pursuant to §§ 13-33A-4 to 13-33A-8, inclusive; authorized health care
provider that prescribes epinephrine auto-injectors or nasal spray to a school; or a health
care professional that provides training pursuant to § 13-33A-7 may be held liable for any
injury or related damage that results from the administration of, self-administration of, or
failure to administer an epinephrine auto -injector or nasal spray that may constitute
ordinary negligence. This immunity does not apply to an act or omission constituting gross,
willful, or wanton negligence. The administration of an epinephrine auto -injector or nasal
spray in accordance with the provisions of §§ 13-33A-4 to 13-33A-8, inclusive, does not
constitute the practice of medicine. The immunity from liability provided under this section
is in addition to, not in lieu of, that provided in any other law.
26.367.16 3 8
SB8 ENROLLED
An Act to permit a school district to administer epinephrine using a nasal spray.
I certify that the attached Act originated in
the:
Senate as Bill No. 8
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 8
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State