South Dakota - Chronic Conditions—allergy plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law addresses allergy plan.

South Dakota Codified Laws 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 anauthorized 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).


South Dakota Codified Laws 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.


South Dakota Codified Laws 13-32-11. Student self-administration of prescription asthma and anaphylaxis medication.

Any student with asthma or anaphylaxis may possess and self-administer prescription medication while on school property or at a school-related event or activity if:
(1) The prescription medication has been prescribed for that student as indicated by the prescription label on the medication;
(2) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
(3) A parent of the student provides to the school:

  • (a) Written authorization, signed by the parent, for the student to self-administer prescription medication while on school property or at a school-related event or activity;
  • (b) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription medication while on school property or at a school-related event or activity unless in cases of wanton or willful misconduct;
  • (c) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:
    • (i) The student has asthma or anaphylaxis or both, and is capable of self-administering the prescription medication;
    • (ii) The name and purpose of the medication;
    • (iii) The prescribed dosage for the medication;
    • (iv) The times at which or circumstances under which the medication may be administered; and
    • (v) The period for which the medication is prescribed.

The physician's or provider's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.


South Dakota Codified Laws 13-32-11. Student self-administration of prescription asthma and anaphylaxis medication.

Any student with asthma or anaphylaxis may possess and self-administer prescription medication while on school property or at a school-related event or activity if:
(1) The prescription medication has been prescribed for that student as indicated by the prescription label on the medication;
(2) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
(3) A parent of the student provides to the school:

  • (a) Written authorization, signed by the parent, for the student to self-administer prescription medication while on school property or at a school-related event or activity;
  • (b) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription medication while on school property or at a school-related event or activity unless in cases of wanton or willful misconduct;
  • (c) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:
    • (i) The student has asthma or anaphylaxis or both, and is capable of self-administering the prescription medication;
    • (ii) The name and purpose of the medication;
    • (iii) The prescribed dosage for the medication;
    • (iv) The times at which or circumstances under which the medication may be administered; and
    • (v) The period for which the medication is prescribed.

The physician's or provider's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.


South Dakota Codified Laws 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.

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