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SB8 • 2026

permit a school district to administer epinephrine using a nasal spray.

permit a school district to administer epinephrine using a nasal spray.

Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1280/Detail">Education</a> at the request of the Department of Education
Last action
2026-02-12
Official status
Signed by the Governor
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

permit a school district to administer epinephrine using a nasal spray.

permit a school district to administer epinephrine using a nasal spray.

What This Bill Does

  • permit a school district to administer epinephrine using a nasal spray.
  • Official keyword topics: Education Executive/Judiciary Request Liability Public Health and Safety Schools Students Official sponsor note: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1280/Detail">Education</a> at the request of the Department of Education

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-12 Senate

    Signed by the Governor

  2. 2026-02-05 Senate

    Delivered to the Governor

  3. 2026-02-04 House of Representatives

    Signed by the Speaker

  4. 2026-02-03 Senate

    Signed by the President

  5. 2026-02-02 House of Representatives

    Do Pass

  6. 2026-01-29 House of Representatives

    Remove from Consent Calendar

  7. 2026-01-28 House Education

    Certified uncontested, placed on consent

  8. 2026-01-28 House Education

    Do Pass

  9. 2026-01-28 House Education

    Scheduled for hearing

  10. 2026-01-22 House of Representatives

    Referred to House Education

  11. 2026-01-21 House of Representatives

    First Reading House

  12. 2026-01-20 Senate

    Do Pass

  13. 2026-01-16 Senate

    Remove from Consent Calendar

  14. 2026-01-15 Senate Education

    Do Pass

  15. 2026-01-15 Senate Education

    Placed on consent

  16. 2026-01-15 Senate Education

    Scheduled for hearing

  17. 2026-01-13 Senate

    First read in Senate and referred to Senate Education

Official Summary Text

permit a school district to administer epinephrine using a nasal spray.
Official keyword topics:
Education
Executive/Judiciary Request
Liability
Public Health and Safety
Schools
Students
Official sponsor note: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1280/Detail">Education</a> at the request of the Department of Education

Current Bill Text

Read the full stored bill text
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