Changes to Existing Law

26.137.9 26.137.10 101st Legislative Session 1143 2026 South Dakota Legislature House Bill 1143 HOUSE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by: Representative Rehfeldt Underscores indicate new language. Overstrikes indicate deleted language. An Act to authorize the possession and self-administration of nasal glucagon diabetes medications 1 by a 1 student on school property and at school-related events and activities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 13-32-10 be AMENDED: 4 13-32-10. Terms used in this section and §§ 13-32-11 to 13-32-13, inclusive, 5 mean: 6 (1) "Medication," an inhaled bronchodilator or, auto-injectable epinephrine, or both 7 nasal glucagon; insulin, or other diabetes medication; 8 (2) "Parent," any person standing in parental relation; and 9 (3) "Related equipment and supplies," medical equipment and supplies necessary for 10 a student's management and treatment of diabetes; and 11 (4) "School," any public or nonpublic school; 10 12 (4) "Self-administration of prescription medication," a student's discretionary use of 11 13 prescription asthma or anaphylaxis medication, or both. 12 14 Section 2. That § 13-32-11 be AMENDED: 13 15 13-32-11. Any student with asthma or anaphylaxis may possess and self-14 self-16 administer prescription medication medication, and possess and use related equipment and supplies, 17 while on school property or at a school-related event 15 or activity only if: 16 18 (1) The student has been diagnosed with asthma, anaphylaxis, or diabetes, by a 17 19 licensed health care provider; 18 20 (2) The prescription medication has been prescribed for that student as indicated by 19 21 the prescription label on the medication; 20 medication, or by a prescriber's school orders; 22 (2) The self-administration is done in compliance with the prescription or written 21 23 instructions from the student's physician or other licensed health care provider; 22 24 and 23 25 26.137.10 2 1143 Underscores indicate new language. Overstrikes indicate deleted language. (3) A parent of the student The student's parent provides to the school: 24 26.137.9 2 1143 Underscores indicate new language. Overstrikes indicate deleted language. 1 (a) Written authorization, signed by the parent, for the student to self-1 self-2 administer the prescription medication medication, and possess and use related 3 equipment and supplies, while on school property or at a 2 school-related 4 event or activity; and 3 5 (b) A written statement, signed by the parent, in which the parent releases the 4 6 school district or nonpublic school and its employees and agents from 5 7 liability for an injury arising from the student's self-administration of 6 8 prescription medication medication, or possession or use of related equipment and 9 supplies, while on school property or at a school-related 7 event or activity, 10 unless in cases of wanton or willful misconduct; 8 11 (c)(4) A written statement from, signed by the student's physician or other licensed 9 12 health care provider, signed by the physician or provider, is provided to the school 10 13 that states: 11 14 (i)(a) The student has been diagnosed, by a licensed health care provider, with 12 15 asthma or, anaphylaxis or both, or diabetes, and the student is capable of 13 16 self-administering and managing the prescription medication; 14 17 (ii)(b) The name and purpose of the medication; 15 18 (iii)(c) The prescribed dosage for the medication; 16 19 (iv)(d) The times at which or circumstances under which the medication may be 17 20 administered; and 18 21 (v)(e) The period for which the medication is prescribed. 19 prescribed; and 22 (f) The types of related equipment and supplies the student is permitted to 23 possess and use, if applicable. 24 The physician's or provider's statement must be kept on file in the office of the 20 25 school nurse of the school the student attends or, if there is not a school nurse, in the 21 26 office of the principal of the school the student attends retained in the student's 22 27 educational record maintained by the school. 23 28

26.137.10 26.137.11 101st Legislative Session 1143 2026 South Dakota Legislature House Bill 1143 HOUSE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by: Representative Rehfeldt Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to authorize the possession and self-administration of diabetes medications 1 by a student on school property and at school-related events and activities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 13-32-10 be AMENDED: 4 13-32-10. Terms used in this section and §§ 13-32-11 to 13-32-13, inclusive, 5 mean: 6 (1) "Medication," an inhaled bronchodilator or, bronchodilator, auto-injectable epinephrine, or both 7 insulin, or other diabetes medication; 8 (2) "Parent," any person standing in parental relation; 9 (3) "Related equipment and supplies," medical equipment and supplies necessary for 10 a student's management and treatment of diabetes; and 11 (4) "School," any public or nonpublic school; 12 (4) "Self-administration of prescription medication," a student's discretionary use of 13 prescription asthma or anaphylaxis medication, or both. 14 school. Section 2. That § 13-32-11 be AMENDED: 15 13-32-11. Any student with asthma or anaphylaxis may possess and self-16 administer self-administer prescription medication, and possess and use related equipment and supplies, 17 while on school property or at a school-related event or activity only if: 18 (1) The student has been diagnosed with asthma, anaphylaxis, or diabetes, by a 19 licensed health care provider; 20 (2) The prescription medication has been prescribed for that student as indicated by 21 the prescription label on the medication, or by a prescriber's school orders; 22 (2) The self-administration is done in compliance with the prescription or written 23 instructions from the student's physician or other licensed health care provider; 24 and 25 26.137.10 2 1143 Underscores indicate new language. Overstrikes indicate deleted language. (3) A parent of the student The student's parent provides to the school: 1 (a) Written authorization, signed by the parent, for the student to self-2 administer self-administer the prescription medication, and possess and use related 3 equipment and supplies, while on school property or at a school-related 4 event or activity; and 5 26.137.11 2 1143 HB1143 ENROLLED (b) A written statement, signed by the parent, in which the parent releases the 6 school district or nonpublic school and its employees and agents from 7 liability for an injury arising from the student's self-administration of 8 prescription medication, or possession or use of related equipment and 9 supplies, while on school property or at a school-related event or activity, 10 unless in cases of wanton or willful misconduct; 11 (c)(4) (4) A written statement from, statement, signed by the student's physician or other licensed 12 health care provider, signed by the physician or provider, is provided to the school 13 that states: 14 (i)(a) (a) The student has been diagnosed, by a licensed health care provider, with 15 asthma or, anaphylaxis or both, asthma, anaphylaxis, or diabetes, and the student is capable of 16 self-administering and managing the prescription medication; 17 (ii)(b) (b) The name and purpose of the medication; 18 (iii)(c) (c) The prescribed dosage for the medication; 19 (iv)(d) (d) The times at which or circumstances under which the medication may be 20 administered; and 21 (v)(e) (e) The period for which the medication is prescribed; and 22 (f) The types of related equipment and supplies the student is permitted to 23 possess and use, if applicable. 24 The physician's or provider's statement must be kept on file in the office of the 25 school nurse of the school the student attends or, if there is not a school nurse, in the 26 office of the principal of the school the student attends retained in the student's 27 educational record maintained by the school. 28 26.137.11 3 1143 HB1143 ENROLLED An Act to authorize the possession and self-administration of diabetes medications by a student on school property and at school-related events and activities. I certify that the attached Act originated in the: House as Bill No. 1143 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1143 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