23A-27A-32 Place and manner of execution--Qualifications to administer intravenous injection--Substan...
Place and manner of execution--Qualifications to administer intravenous
injection--Substances dispensed to warden without prescription.
The punishment of death shall be
inflicted within the walls of some building at the state penitentiary. The punishment of death shall
be inflicted by the intravenous injection of a substance or substances in a lethal quantity. The
warden, subject to the approval of the secretary of corrections, shall determine the substances and
the quantity of substances used for the punishment of death. An execution carried out by intravenous
injection shall be performed by persons trained to administer the injection who are selected by the
warden and approved by the secretary of corrections. The persons administering the intravenous
injection need not be physicians, registered nurses, licensed practical nurses, or other medical
professionals licensed or registered under the laws of this or any other state. Any infliction of the
punishment of death by intravenous injection of a substance or substances in the manner required
by this section may not be construed to be the practice of medicine. Any pharmacist or
pharmaceutical supplier is authorized to dispense to the warden the substance or substances used to
inflict the punishment of death without prescription, for carrying out the provisions of this section,
notwithstanding any other provision of law.
Source: SL 1939, ch 135, § 11; SDC Supp 1960, § 34.37A11; SDCL § 23-49-20; SL 1979, ch 160,
§ 34; SL 1984, ch 181; SL 2007, ch 151, § 1; SL 2008, ch 117, § 26.