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South Dakota House Bill HB1141

South Dakota 2025 Regular Session

South Dakota House Bill HB1141 Compare Versions

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1-25.38.10 100th Legislative Session 1141
1+25.38.9 100th Legislative Session 1141
22
33
44 2025 South Dakota Legislature
55 House Bill 1141
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to provide an exception for employers to acquire and distribute
12-opioid antagonists that are available over the counter.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 34-20A-105.1 be AMENDED:
15-34-20A-105.1. A licensed health care professional may, directly or by standing
16-order, dispense or distribute an opioid antagonist that requires a prescription to an
17-employer.
18-An employer may acquire and make available on the employer's premises an opioid
19-antagonist that requires a prescription if the employer:
20-(1) Develops a protocol for the transport, storage, maintenance, and location of the
21-opioid antagonist;
22-(2) Provides training and instruction, developed by the Department of Health and made
23-available on the Department of Health website, to employees or personnel
24-authorized to administer an opioid antagonist on the employer's premises; and
25-(3) Prominently posts instructions on the administration of an opioid antagonist and
26-post-administration protocol, if the employer makes it accessible to the public.
27-The requirements of this section do not apply to an opioid antagonist that is
28-available over the counter. An employer may acquire and distribute an opioid antagonist
29-that is available over the counter to any person.
30-An employer, employee, or other authorized personnel of an employer may not be
31-held liable for any death, injury, or damage that arises out of the administration of, the
32-self-administration of, or the failure to administer an opioid antagonist, if such action or
33-inaction constitutes ordinary negligence. 25.38.10 2 1141
34-HB1141 ENROLLED
35-An Act to provide an exception for employers to acquire and distribute opioid antagonists that
36-are available over the counter.
37-
38-
39-
40-
41-I certify that the attached Act originated in
42-the:
43-
44-House as Bill No. 1141
45-
46-
47-
48-Chief Clerk
49-
50-
51-
52-
53-Speaker of the House
54-
55-Attest:
56-
57-
58-
59-
60-Chief Clerk
61-
62-
63-
64-
65-President of the Senate
66-
67-Attest:
686
697
708
719
7210
73-Secretary of the Senate
7411
12+Introduced by: Representative Rehfeldt
7513
76-
77-House Bill No. 1141
78-File No. ____
79-Chapter No. ______
80-
81-
82-
83-Received at this Executive Office
84-this _____ day of _____________,
85-
86-2025 at ____________M.
87-
88-
89-
90-By
91-for the Governor
92-
93-
94-The attached Act is hereby
95-approved this ________ day of
96-______________, A.D., 2025
97-
98-
99-
100-
101-
102-Governor
103-
104-STATE OF SOUTH DAKOTA ,
105-ss.
106-Office of the Secretary of State
107-
108-
109-Filed ____________, 2025
110- at _________ o'clock __M.
111-
112-
113-
114-
115-
116-Secretary of State
117-
118-
119-
120-By
121-Asst. Secretary of State
122-
123-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to provide an exception for employers to acquire and distribute opioid 1
17+antagonists that are available over the counter. 2
18+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19+Section 1. That § 34-20A-105.1 be AMENDED: 4
20+34-20A-105.1. A licensed health care professional may, directly or by standing 5
21+order, dispense or distribute an opioid antagonist that requires a prescription to an 6
22+employer. 7
23+An employer may acquire and make available on the employer's premises an opioid 8
24+antagonist that is dispensed or distributed by a licensed health care professional, in 9
25+accordance with this section, requires a prescription if the employer: 10
26+(1) Develops a protocol for the transport, storage, maintenance, and location of the 11
27+opioid antagonist; 12
28+(2) Provides training and instruction, developed by the Department of Health and made 13
29+available on the Department of Health website, to employees or personnel 14
30+authorized to administer an opioid antagonist on the employer's premises; and 15
31+(3) Prominently posts instructions on the administration of an opioid antagonist and 16
32+post-administration protocol, if the employer makes it accessible to the public. 17
33+The requirements of this section do not apply to an opioid antagonist that is 18
34+available over the counter. An employer may acquire and distribute an opioid antagonist 19
35+that is available over the counter to any person. 20
36+An employer, employee, or other authorized personnel of an employer may not be 21
37+held liable for any death, injury, or damage that arises out of the administration of, the 22
38+self-administration of, or the failure to administer an opioid antagonist, if such action or 23
39+inaction constitutes ordinary negligence. 24