South Dakota 2026 Regular Session

South Dakota Senate Bill SB8

Introduced
1/13/26  
Refer
1/13/26  
Report Pass
1/15/26  
Engrossed
1/20/26  
Refer
1/22/26  
Report Pass
1/28/26  
Enrolled
2/2/26  

Caption

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

Impact

The bill significantly amends existing provisions related to school health protocols by allowing schools greater autonomy in managing medical emergencies associated with severe allergies. It introduces a standing protocol for administering life-saving medications even in the absence of a prior prescription for the student, thereby expediting response times during critical moments. Importantly, the bill also provides legal immunity to school staff and administrators for actions taken in good faith while administering the medication, protecting them from undue liability.

Summary

Senate Bill 8 aims to enhance response measures for severe allergic reactions, particularly anaphylaxis, within school environments. This legislation permits school districts to administer epinephrine using a nasal spray in case of emergency situations. Schools are mandated to develop a policy governing the use and storage of epinephrine auto-injectors or nasal sprays. Furthermore, designated school personnel are required to undergo training by licensed healthcare professionals to ensure they are equipped to recognize symptoms of severe allergies and administer treatment effectively.

Sentiment

The overall sentiment surrounding SB 8 is largely positive, with a consensus among legislators that improving the ability of schools to respond to severe allergic reactions is essential for student safety. Proponents argue that the bill will foster quicker reactions to potential anaphylactic emergencies and alleviate parental concerns regarding their children's safety in schools. However, there have been discussions highlighting the need for proper training and protocols to avoid mishandling of the medication

Contention

While broadly supported, some concerns were raised regarding the training and qualifications of school personnel responsible for administering the medication. Critics argue that, without stringent training requirements and oversight, there’s a risk of improper administration, which could lead to adverse outcomes. Furthermore, there are calls for more comprehensive education for students and staff about allergies and the importance of epinephrine, to ensure that the intent of the bill is fully realized and that students' safety is paramount.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1093

Modify the permissible dates for a school district bond election.

SD HB1130

Provide permissible dates for municipal and school district elections.

SD HB1183

Amend the other revenue base amount available to certain school districts.

SD SB55

Revise property tax levies for school districts and to revise the state aid to general and special education formulas.

SD HB1089

Establish parameters for the reimbursement of school districts that provide free or reduced-price meals to students.

SD HB1181

Require a school district to provide dyslexia screening.

SD HB1016

Revise provisions related to pharmacy and to increase fees.

SD SB109

Permit a school district to implement a new or revised section 504 plan, individualized family service plan, or individualized education program for a student who is the child of an active-duty member of the United States armed forces.

SD HB1141

Provide an exception for employers to acquire and distribute opioid antagonists that are available over the counter.

SD SB161

Establish a maximum school administrator salary.

Similar Bills

TX SB1619

Relating to the use of an epinephrine delivery system by certain entities.

TX HB2283

Relating to the use of an epinephrine delivery device by certain entities.

NH HB63

Relative to the use of nasal spray to treat anaphylaxis.

CA SB568

Pupil health: epinephrine delivery systems: schoolsites and childcare programs.

MS SB2197

Epinephrine auto-injectors; allow certain entities to stock and provide or administer during anaphylactic emergencies.

NH HB677

Relative to the possession and use of epinephrine at recreation camps, schools, and institutions of higher education.

HI HB1883

Relating To Epinephrine.

TX SB1374

Relating to the administration of epinephrine medication by public and private schools.