13-33A-11. Immunity from liability for injuries or damage associated with administration of opioid antagonists.
No school district, administrator, school board member, school nurse, or designated school personnel possessing or making available opioid antagonists in accordance with state law, and no health care professional providing training in relation thereto, may be held liable for any injury or related damage that results from the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes, ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an opioid antagonist does not constitute the practice of medicine. The immunity provided under this section is in addition to, and not in lieu of, any other immunity provided by law.
Source: SL 2019, ch 84, ยง3, eff. Mar. 11, 2019.
Structure South Dakota Codified Laws
Chapter 33A - School Health Services
Section 13-33A-1 - School health services--Coordination by registered nurse.
Section 13-33A-3 - Liability insurance.
Section 13-33A-4 - Stock of epinephrine auto-injectors for emergency situations.
Section 13-33A-5 - Policy for use and storage of epinephrine auto-injectors.
Section 13-33A-6 - Administration of epinephrine auto-injector.
Section 13-33A-7 - Training for epinephrine auto-injector administration.
Section 13-33A-8 - Immunity from liability--Administering epinephrine.
Section 13-33A-9 - Possession and administration of opioid antagonists by school personnel.
Section 13-33A-10 - Training on administration of opioid antagonists.