PIERRE, S.D. — South Dakota lawmakers heard testimony Thursday on a bill aimed at making it easier for businesses to distribute naloxone, the opioid overdose-reversing drug, without unnecessary legal hurdles.
House Bill 1141, was before the House Health and Human Services Committee. It seeks to clarify that businesses may obtain and distribute over-the-counter naloxone without following outdated prescription-era requirements.
Angela Kennecke, president and CEO of Emily’s Hope, a nonprofit dedicated to substance use prevention and harm reduction, testified in support of the bill. Kennecke, who lost her daughter Emily to fentanyl poisoning in 2018, has led efforts to expand public access to naloxone across the state.
“Naloxone is now FDA-approved for over-the-counter sale, meaning anyone can buy it and carry it. But South Dakota laws were written when it required a prescription, which creates unnecessary barriers for businesses that want to make it available,” Kennecke said.
Under current law, employers are required to follow specific storage, training, and liability protocols when distributing naloxone, as if it were still a prescription medication. The bill would remove these restrictions for over-the-counter versions of the drug, allowing businesses to acquire and distribute naloxone to employees or the public without additional regulatory burdens.
Growing Demand for Naloxone Access
Emily’s Hope has placed eight naloxone distribution boxes in South Dakota, including in Sioux Falls, Vermillion, Pierre, and Rapid City. The nonprofit has also supplied individual naloxone kits to a dozen businesses, often placing them near automated external defibrillators (AEDs).
“There’s been significant interest from businesses that want to have naloxone available, just like an AED or a first aid kit,” Kennecke said. “But the legal gray area makes some hesitant to participate. This bill would provide clarity and encourage more businesses to take part in saving lives.”
At least one South Dakota business, Tires, Tires, Tires, has sought naloxone access after an employee died from an overdose in his truck in a parking lot.
Public Safety & Legal Protections
South Dakota law already permits first responders, employers, and individuals to possess and administer naloxone with proper training. Police and EMS units statewide carry the medication.
HB 1141 would extend liability protections to businesses that distribute naloxone over the counter, similar to existing laws for AEDs. Under the proposed legislation, employers, employees, and other authorized personnel could not be held liable for injuries or death resulting from administering—or failing to administer—naloxone, unless gross negligence was involved.
“The bottom line is that naloxone is safe, and increasing access to it will save lives,” Kennecke said. “Even if someone doesn’t need it, it won’t hurt them. It’s something that should be widely available, without unnecessary legal red tape.”
In a unanimous vote, the committee passed the bill. It now goes to the full House next week. This paves the way for more businesses to host naloxone distribution boxes and provide individual kits to employees or customers. Emily’s Hope plans to expand its statewide distribution network to 25–50 locations in 2025, further increasing access to the lifesaving drug.