The proposed bill amends existing South Dakota law to allow school districts to administer epinephrine not only through auto-injectors but also via nasal spray in emergency situations involving severe allergic reactions or anaphylaxis. Specifically, it modifies sections 13-33A-4, 13-33A-5, 13-33A-6, 13-33A-7, and 13-33A-8 to include the use of nasal spray alongside auto-injectors. Schools are required to adopt policies for the use and storage of these medications, notify parents or guardians, and ensure that designated personnel are trained to recognize allergic reactions and administer the medication appropriately.

Additionally, the bill provides legal immunity to school districts, administrators, and personnel from liability related to the administration or failure to administer epinephrine, as long as the actions do not constitute gross negligence. This immunity is intended to encourage schools to maintain and use epinephrine without fear of legal repercussions, thereby enhancing student safety during allergic emergencies. The amendments aim to broaden the options available for emergency treatment in schools, ensuring that students at risk of anaphylaxis receive timely and effective care.

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