S.D. Codified Laws § 13-33A-8

Current through the 2024 Legislative Session
Section 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.

SDCL 13-33A-8

SL 2014, ch 89, §5; SL 2021, ch 73, §10.
Amended by S.L. 2021, ch. 73,s. 10, eff. 7/1/2021.
Added by S.L. 2014, ch. 89,s. 5, eff. 7/1/2014.