ENTITLED An Act to authorize school districts and nonpublic schools to acquire and administer nasal glucagon.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 13-33A:
A licensed health care professional may prescribe nasal glucagon in the name of a school district or nonpublic school for use as provided in this Act.
A licensed health care professional may then dispense or distribute nasal glucagon to an employee of the school district or nonpublic school for use as provided in this Act.
Section 2. That a NEW SECTION be added to chapter 13-33A:
A school district or nonpublic school may acquire and maintain nasal glucagon pursuant to a prescription issued by a licensed health care provider for use on a student experiencing severe hypoglycemia.
Any nasal glucagon acquired in accordance with this Act must be:
(1) Stored in a secure location, accessible by the school nurse or another employee of the school district or nonpublic school authorized in accordance with section 4 of this Act; and
(2) Maintained in accordance with the manufacturer's instructions.
Section 3. That a NEW SECTION be added to chapter 13-33A:
A school nurse, or another employee of the school district or nonpublic school authorized in accordance with section 4 of this Act, may administer nasal glucagon acquired in accordance with this Act to a student experiencing severe hypoglycemia if:
(1) The student's parent or guardian has provided documentation to the school that the student attends, from the student's physician, that the student is diagnosed with diabetes;
(2) The student's parent or guardian has consented to the administration of nasal glucagon by the school nurse or another employee of the school authorized in accordance with section 4 of this Act; and
(3) The student's prescribed glucagon is not available onsite or has expired.
Section 4. That a NEW SECTION be added to chapter 13-33A:
The board of a school district or the governing board of a nonpublic school may authorize an employee to administer nasal glucagon to a student if the employee completes training, provided by a licensed health care provider, that addresses:
(1) Recognizing the symptoms of severe hypoglycemia;
(2) The procedure for administering nasal glucagon;
(3) Emergency care for an individual experiencing severe hypoglycemia, including care after administering nasal glucagon; and
(4) The storage, maintenance, and disposal of nasal glucagon.
The school district or the nonpublic school must maintain documentation of each employee who completes the training and who is authorized to administer nasal glucagon in accordance with this Act.
Section 5. That a NEW SECTION be added to chapter 13-33A:
The following persons may not be held liable for any death, injury, or damage that results from the administration of, or the failure to administer, nasal glucagon if the action or inaction constitutes ordinary negligence:
(1) A school district or nonpublic school, and any of its employees, agents, or other personnel;
(2) A licensed health care provider who prescribes nasal glucagon in the name of a school district or nonpublic school;
(3) A licensed health care provider who dispenses or distributes nasal glucagon to an employee of a school district or nonpublic school; and
(4) A licensed health care provider who provides training on nasal glucagon to an employee of a school district or nonpublic school.
An Act to authorize school districts and nonpublic schools to acquire and administer nasal glucagon.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
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