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13-33A SCHOOL HEALTH SERVICES
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 for epinephrine auto-injector administration.
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-1School 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-2Promulgation 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-3Liability 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-4Stock 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-5Policy 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-6Administration 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-7Training 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-8Immunity from liability for epinephrine auto-injector administration.

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 13-33-8, 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 13-33-8, 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.


13-33A-9Possession 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-10Training 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-11Immunity 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.


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