The amendment changed "auto-injectors" to "auto-injectors or nasal spray" throughout the bill to clarify that schools may administer epinephrine via either delivery method, and converted the bill from introduced to enrolled status with standard legislative formatting. This BROADENS the bill by explicitly authorizing nasal spray as an alternative administration method alongside auto-injectors.
26.367.15 26.367.16 101st Legislative Session 8 2026 South Dakota Legislature Senate Bill 8 Introduced by: The Chair of the Committee on Education at the request of the Department of Education Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to permit a school district to administer epinephrine using a nasal spray. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 13-33A-4 be AMENDED: 3 13-33A-4. Any school may acquire and maintain a stock of epinephrine auto-4 injectors auto-injectors or nasal spray pursuant to a prescription issued by an authorized health care 5 provider for use in an emergency situation of a severe allergic reaction causing 6 anaphylaxis. The provisions of this section are not subject to the prescription requirements 7 in chapter 36-11. 8 Section 2. That § 13-33A-5 be AMENDED: 9 13-33A-5. Each school shall adopt a policy for the use and storage of epinephrine 10 auto-injectors or nasal spray and shall notify the parents or guardians of each student 11 about the policy. 12 Section 3. That § 13-33A-6 be AMENDED: 13 13-33A-6. Any school nurse or other designated school personnel, upon 14 authorization by the governing school body, may: 15 (1) Administer an epinephrine auto-injector or nasal spray to a student in accordance 16 with a prescription specific to the student on file with the school; 17 (2) Administer an epinephrine auto-injector or nasal spray to any student during school 18 hours if the school nurse or designated school personnel believe that the student 19 is experiencing anaphylaxis in accordance with a standing protocol from an 20 authorized health care provider, regardless of whether a student has a prescription 21 for an epinephrine auto-injector or nasal spray or has been diagnosed with an 22 allergy. 23 26.367.15 26.367.16 2 8 Underscores indicate new language. Overstrikes indicate deleted language. SB8 ENROLLED Section 4. That § 13-33A-7 be AMENDED: 1 13-33A-7. Prior to administering an epinephrine auto-injector or nasal spray made 2 available by the school, each designated school personnel shall be trained by a licensed 3 health care professional: 4 (1) To recognize the symptoms of a severe allergy or anaphylactic reaction; 5 (2) To know the procedure for the administration of an epinephrine auto-injector or 6 nasal spray; 7 (3) To know the procedure for storage of an epinephrine auto-injector or nasal spray; 8 and 9 (4) To know the emergency care and aftercare for a student who has an allergic or 10 anaphylactic reaction. 11 Section 5. That § 13-33A-8 be AMENDED: 12 13-33A-8. No school district, administrator, school board, school nurse, or 13 designated school personnel that possess or make available epinephrine auto-injectors or 14 nasal spray pursuant to §§ 13-33A-4 to 13-33A-8, inclusive; authorized health care 15 provider that prescribes epinephrine auto-injectors or nasal spray to a school; or a health 16 care professional that provides training pursuant to § 13-33A-7 may be held liable for any 17 injury or related damage that results from the administration of, self-administration of, or 18 failure to administer an epinephrine auto-injector or nasal spray that may constitute 19 ordinary negligence. This immunity does not apply to an act or omission constituting gross, 20 willful, or wanton negligence. The administration of an epinephrine auto-injector or nasal 21 spray in accordance with the provisions of §§ 13-33A-4 to 13-33A-8, inclusive, does not 22 constitute the practice of medicine. The immunity from liability provided under this section 23 is in addition to, not in lieu of, that provided in any other law. 24 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