25.38.10 100th Legislative Session 1141
2025 South Dakota Legislature
House Bill 1141
ENROLLED
AN ACT
ENTITLED An Act to provide an exception for employers to acquire and distribute
opioid antagonists that are available over the counter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That ยง 34-20A-105.1 be AMENDED:
34-20A-105.1. A licensed health care professional may, directly or by standing
order, dispense or distribute an opioid antagonist that requires a prescription to an
employer.
An employer may acquire and make available on the employer's premises an opioid
antagonist that requires a prescription if the employer:
(1) Develops a protocol for the transport, storage, maintenance, and location of the
opioid antagonist;
(2) Provides training and instruction, developed by the Department of Health and made
available on the Department of Health website, to employees or personnel
authorized to administer an opioid antagonist on the employer's premises; and
(3) Prominently posts instructions on the administration of an opioid antagonist and
post-administration protocol, if the employer makes it accessible to the public.
The requirements of this section do not apply to an opioid antagonist that is
available over the counter. An employer may acquire and distribute an opioid antagonist
that is available over the counter to any person.
An employer, employee, or other authorized personnel of an employer may not be
held liable for any death, injury, or damage that arises out of the administration of, the
self-administration of, or the failure to administer an opioid antagonist, if such action or
inaction constitutes ordinary negligence. 25.38.10 2 1141
HB1141 ENROLLED
An Act to provide an exception for employers to acquire and distribute opioid antagonists that
are available over the counter.
I certify that the attached Act originated in
the:
House as Bill No. 1141
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1141
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State