South DakotaSB 8101st South Dakota Legislature (2026)Senate

permit a school district to administer epinephrine using a nasal spray.

Sponsored By: Sponsor information unavailable

Signed by Governor

EducationExecutive/Judiciary RequestLiabilityPublic Health and SafetySchoolsStudents

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Schools can use nasal spray for allergies

South Dakota schools can stock epinephrine nasal spray or auto-injectors for severe allergic emergencies; stocking is optional. An authorized health care provider must prescribe the stock, but other state pharmacy prescription requirements do not apply. With school governing-body approval, a nurse or designated staff member can give either form under a student's prescription on file. They can also follow a provider's standing emergency plan during school hours when they reasonably believe a student has anaphylaxis—a severe allergic reaction. That emergency use does not require the student to have a prescription or a diagnosed allergy. Every school must set use and storage rules and notify parents or guardians. Before giving epinephrine, designated staff must receive training from a licensed health care professional on recognizing reactions, administration, storage, emergency care, and aftercare. The law protects districts, administrators, school boards, nurses, designated staff, prescribing providers, and trainers from liability for ordinary negligence involving administration, self-administration, or failure to administer epinephrine. It does not protect gross, willful, or wanton negligence. These protections add to other available immunity, and administering epinephrine under these rules does not count as practicing medicine.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 112 • No: 5

House vote • 2/2/2026

Do Pass

Yes: 61 • No: 4

House vote • 1/28/2026

Do Pass

Yes: 13 • No: 0

Senate vote • 1/20/2026

Do Pass

Yes: 31 • No: 1

Senate vote • 1/15/2026

Do Pass

Yes: 7 • No: 0

Actions Timeline

  1. Signed by the Governor

    2/12/2026Senate
  2. Delivered to the Governor

    2/5/2026Senate
  3. Signed by the Speaker

    2/4/2026House
  4. Signed by the President

    2/3/2026Senate
  5. Do Pass

    2/2/2026House
  6. Remove from Consent Calendar

    1/29/2026House
  7. Certified uncontested, placed on consent

    1/28/2026House
  8. Do Pass

    1/28/2026House
  9. Scheduled for hearing

    1/28/2026House
  10. Referred to

    1/22/2026House
  11. First Reading House

    1/21/2026House
  12. Do Pass

    1/20/2026Senate
  13. Remove from Consent Calendar

    1/16/2026Senate
  14. Placed on consent

    1/15/2026Senate
  15. Do Pass

    1/15/2026Senate
  16. Scheduled for hearing

    1/15/2026Senate
  17. First read in Senate and referred to

    1/13/2026Senate

Bill Text

  • Introduced

    12/19/2025

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