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South Dakota
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South Dakota

In South Dakota, AED programs operate without specific administrative or operational mandates. The Good Samaritan law safeguards AED users and CPR/AED trainers, though AED owners and physicians do not fall under its protection. Immunity under this law is confined to the application or non-application of an AED during a medical crisis, leaving other program activities unprotected. High school students are obliged to undergo CPR and AED training, while the state mandates the placement of AEDs in dental facilities.

South Dakota Law Key Takeaways

Requirement

Summary

Good Samaritan Law
Individuals acting in good faith, whether they choose to acquire, utilize, attempt to utilize, or opt not to utilize an AED while providing emergency care or treatment, are shielded from civil liability for any resultant injury arising from such actions.
Schools
High school curriculum must include training for CPR/AED.
Dental Facilities
Dental facilities using general anesthesia or deep sedation must have an AED on site.

South Dakota Statutes and Regulations

Terms used in §§ 20-9-4.3 to 20-9-4.8, inclusive, mean:

(1) “AED,” an automated external defibrillator;

(2) “Person,” a natural person, organization, corporation, partnership, limited partnership, joint venture, association, government entity, or any other legal or commercial entity.

Any person, who in good faith obtains, uses, attempts to use, or chooses not to use an AED in providing emergency care or treatment, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical treatment.

Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.

The immunity from civil liability under §§ 20-9-4.3 to 20-9-4.8, inclusive, does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.

The provisions of this chapter do not apply to an over-the-counter AED purchased without a written prescription. However, any person, who in good faith obtains an over-the-counter AED for use in providing emergency care or treatment or utilizes an over-the-counter AED, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such emergency care or treatment. The immunity from civil liability pursuant to this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.

The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.

The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what period of time, and in connection with what course of instruction, if any, the training is offered. The secretary shall submit a report of the results of this data collection to the Senate and House standing committees on education and health and human services no later than December 1 of each year.

Equipment — General anesthesia and deep sedation.

General anesthesia and deep sedation. Any dentist who administers general anesthesia or deep sedation or who provides dental services to patients under general anesthesia or deep sedation must ensure that the office in which the work is performed:

(2) Has the following equipment:

(a) An automated external defibrillator or full function defibrillator that is immediately accessible;

*Codes and regulations cited from Justia US Law.

**Codes and regulations cited from SDlegislature.gov.

Note: This page serves as an educational resource on Automated External Defibrillators (AEDs) and related legal frameworks. AEDleader.com provides this content for general knowledge purposes and does not claim it to be exhaustive or infallible regarding interpretations of AED laws. It should not be considered legal counsel. We invite you to contact us for detailed guidance on complying with AED regulations specific to your location.

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South Dakota
South Dakota Map

South Dakota