CHAPTER 13-33A
SCHOOL HEALTH SERVICES
13-33A-1 School health services--Coordination by registered nurse.
13-33A-2 Promulgation of rules--Board of Education Standards--Board of Nursing--Application of chapter.
13-33A-3 Liability insurance.
13-33A-4 Stock of epinephrine auto-injectors for emergency situations.
13-33A-5 Policy for use and storage of epinephrine auto-injectors.
13-33A-6 Administration of epinephrine auto-injector.
13-33A-7 Training for epinephrine auto-injector administration.
13-33A-8 Immunity from liability--Administering epinephrine.
13-33A-9 Possession and administration of opioid antagonists by school personnel.
13-33A-10 Training on administration of opioid antagonists.
13-33A-11 Immunity from liability for injuries or damage associated with administration of opioid antagonists.
13-33A-12 Nasal glucagon--School district and nonpublic schools--Prescription--Distribution.
13-33A-13 Nasal glucagon--Use--Storage--Maintenance.
13-33A-14 Nasal glucagon--Administration--Requirements.
13-33A-15 Nasal glucagon--Authorized employees--Training--Documentation.
13-33A-16 Nasal glucagon--Immunity from liability.
13-33A-1. School health services--Coordination by registered nurse.
A public school system shall provide school health services coordinated by a registered nurse, whose services may be shared by one or more school systems. The services shall include assessment and implementation of services for students with special needs, administration of medications, and performance of specialized health care procedures.
The registered nurse is responsible for the training and supervision of any school employee to whom provision of any of the services listed in this section is delegated.
Source: SL 1993, ch 144, § 1.
13-33A-2. Promulgation of rules--Board of Education Standards--Board of Nursing--Application of chapter.
By rules promulgated pursuant to chapter 1-26, the South Dakota Board of Education Standards shall establish the requirements for storage and control of medications at the school site and the policies and procedures for provision of the school health services listed in § 13-33A-1.
Pursuant to chapter 1-26, the Board of Nursing shall promulgate rules regarding any function of nursing as defined in chapter 36-9 that may be delegated to a school employee at a school site.
This section applies only to public school systems that have students with special needs.
Source: SL 1993, ch 144, § 2; SL 2017, ch 81, § 57.
13-33A-3. Liability insurance.
The governing board of a school system shall provide the school system and its employees with liability insurance to cover actions authorized by this chapter.
Source: SL 1993, ch 144, § 3.
13-33A-4. Stock of epinephrine auto-injectors for emergency situations.
Any school may acquire and maintain a stock of epinephrine auto-injectors pursuant to a prescription issued by an authorized health care provider for use in an emergency situation of a severe allergic reaction causing anaphylaxis. The provisions of this section are not subject to the prescription requirements in subdivision 36-11-2(21).
Source: SL 2014, ch 89, § 1.
13-33A-5. Policy for use and storage of epinephrine auto-injectors.
Each school shall adopt a policy for the use and storage of epinephrine auto-injectors and shall notify the parents or guardians of each student about the policy.
Source: SL 2014, ch 89, § 2.
13-33A-6. Administration of epinephrine auto-injector.
Any school nurse or other designated school personnel, upon authorization by the governing school body, may:
(1) Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school;
(2) Administer an epinephrine auto-injector to any student during school hours if the school nurse or designated school personnel believe that the student is experiencing anaphylaxis in accordance with a standing protocol from an authorized health care provider, regardless of whether a student has a prescription for an epinephrine auto-injector or has been diagnosed with an allergy.
Source: SL 2014, ch 89, § 3.
13-33A-7. Training for epinephrine auto-injector administration.
Prior to administering an epinephrine auto-injector made available by the school, each designated school personnel shall be trained by a licensed health care professional:
(1) To recognize the symptoms of a severe allergy or anaphylactic reaction;
(2) To know the procedure for the administration of an epinephrine auto-injector;
(3) To know the procedure for storage of an epinephrine auto-injector; and
(4) To know the emergency care and aftercare for a student who has an allergic or anaphylactic reaction.
Source: SL 2014, ch 89, § 4.
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.
13-33A-9. Possession and administration of opioid antagonists by school personnel.
The governing board of a school district and the governing board of a nonpublic school may acquire opioid antagonists in accordance with current state law and administrative rule, and make the medication available to personnel who are trained in accordance with § 13-33A-10.
Source: SL 2019, ch 84, § 1, eff. Mar. 11, 2019.
13-33A-10. Training on administration of opioid antagonists.
Before school personnel may administer an opioid antagonist in the event of a suspected opioid overdose, training must be provided by an individual qualified to do so. The training must include:
(1) Symptoms of an opiate overdose;
(2) Protocols and procedures for administering an opioid antagonist;
(3) Symptoms of adverse responses to an opioid antagonist;
(4) Protocols and procedures for stabilizing the patient if an adverse response occurs; and
(5) Procedures for transporting, storing, and securing an opioid antagonist.
Source: SL 2019, ch 84, § 2, eff. Mar. 11, 2019.
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, § 3, eff. Mar. 11, 2019.
13-33A-12. Nasal glucagon--School district and nonpublic schools--Prescription--Distribution.
A licensed health care professional may prescribe nasal glucagon in the name of a school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16, inclusive.
A licensed health care professional may then dispense or distribute nasal glucagon to an employee of the school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16, inclusive.
Source: SL 2024, ch 57, § 1.
13-33A-13. Nasal glucagon--Use--Storage--Maintenance.
A school district or nonpublic school may acquire and maintain nasal glucagon pursuant to a prescription issued by a licensed health care provider for use on a student experiencing severe hypoglycemia.
Any nasal glucagon acquired in accordance with §§ 13-33A-12 to 13-33A-16, inclusive, must be:
(1) Stored in a secure location, accessible by the school nurse or another employee of the school district or nonpublic school authorized in accordance with § 13-33A-15; and
(2) Maintained in accordance with the manufacturer's instructions.
Source: SL 2024, ch 57, § 2.
13-33A-14. Nasal glucagon--Administration--Requirements.
A school nurse, or another employee of the school district or nonpublic school authorized in accordance with § 13-33A-15, may administer nasal glucagon acquired in accordance with §§ 13-33A-12 to 13-33A-16, inclusive, to a student experiencing severe hypoglycemia if:
(1) The student's parent or guardian has provided documentation to the school that the student attends, from the student's physician, that the student is diagnosed with diabetes;
(2) The student's parent or guardian has consented to the administration of nasal glucagon by the school nurse or another employee of the school authorized in accordance with § 13-33A-15; and
(3) The student's prescribed glucagon is not available onsite or has expired.
Source: SL 2024, ch 57, § 3.
13-33A-15. Nasal glucagon--Authorized employees--Training--Documentation.
The board of a school district or the governing board of a nonpublic school may authorize an employee to administer nasal glucagon to a student if the employee completes training, provided by a licensed health care provider, that addresses:
(1) Recognizing the symptoms of severe hypoglycemia;
(2) The procedure for administering nasal glucagon;
(3) Emergency care for an individual experiencing severe hypoglycemia, including care after administering nasal glucagon; and
(4) The storage, maintenance, and disposal of nasal glucagon.
The school district or the nonpublic school must maintain documentation of each employee who completes the training and who is authorized to administer nasal glucagon in accordance with §§ 13-33A-12 to 13-33A-16, inclusive.
Source: SL 2024, ch 57, § 4.
13-33A-16. Nasal glucagon--Immunity from liability.
The following persons may not be held liable for any death, injury, or damage that results from the administration of, or the failure to administer, nasal glucagon if the action or inaction constitutes ordinary negligence:
(1) A school district or nonpublic school, and any of its employees, agents, or other personnel;
(2) A licensed health care provider who prescribes nasal glucagon in the name of a school district or nonpublic school;
(3) A licensed health care provider who dispenses or distributes nasal glucagon to an employee of a school district or nonpublic school; and
(4) A licensed health care provider who provides training on nasal glucagon to an employee of a school district or nonpublic school.
Source: SL 2024, ch 57, § 5.
