This bill amends existing South Dakota law to allow school districts to administer epinephrine in the form of a nasal spray, in addition to the previously permitted auto-injectors, during emergencies involving severe allergic reactions or anaphylaxis. The amendments to sections 13-33A-4 through 13-33A-8 outline the responsibilities of schools, including the requirement to adopt a policy for the use and storage of these medications, notify parents or guardians, and ensure that designated personnel are trained to recognize allergy symptoms and administer the medication appropriately.

Furthermore, the bill provides legal immunity to school districts, administrators, school nurses, and other designated personnel from liability for injuries or damages resulting from the administration or failure to administer epinephrine, as long as the actions do not constitute gross negligence. This immunity is in addition to any other legal protections already in place. The bill emphasizes that administering epinephrine in accordance with these provisions does not equate to the practice of medicine.

Statutes affected:
Introduced, 12/19/2025: 13-33A-4, 13-33A-5, 13-33A-6, 13-33A-7, 13-33A-8
Enrolled, 02/03/2026: 13-33A-4, 13-33A-5, 13-33A-6, 13-33A-7, 13-33A-8