13-33A-8. Immunity from liability--Administering epinephrine.
No school district, administrator, school board, school nurse, or designated school personnel that possess or make available epinephrine auto-injectors pursuant to §§13-33A-4 to 13-33A-8, inclusive; authorized health care provider that prescribes epinephrine auto-injectors to a school; or a health care professional that provides training pursuant to §13-33A-7 may be held liable for any injury or related damage that results from the administration of, self-administration of, or failure to administer an epinephrine auto-injector that may constitute ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an epinephrine auto-injector in accordance with the provisions of §§13-33A-4 to 13-33A-8, inclusive, does not constitute the practice of medicine. The immunity from liability provided under this section is in addition to, not in lieu of, that provided in any other law.
Source: SL 2014, ch 89, §5; SL 2021, ch 73, § 10.
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.