PIERRE, S.D. — A bill that would make it easier for businesses to acquire and distribute over-the-counter naloxone, the opioid overdose-reversing drug, is headed to the governor’s desk after receiving unanimous approval from the South Dakota Senate on Wednesday.
House Bill 1141 previously passed the House and clarifies that employers may obtain and distribute opioid antagonists, like naloxone, that are available over the counter without adhering to the requirements designed for prescription medications. Under current law, businesses must follow specific protocols for storage, training, and liability as if naloxone still required a prescription. The bill exempts over-the-counter naloxone from these regulations, allowing employers to distribute it freely on their premises.
Angela Kennecke, president and CEO of Emily’s Hope, testified in favor of the bill before the Senate Health and Human Services Committee. Kennecke, who founded Emily’s Hope after losing her daughter Emily to fentanyl poisoning in 2018, has been a prominent advocate for increased public access to naloxone in South Dakota.
“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.
The bill also extends liability protections to businesses distributing over-the-counter naloxone, similar to existing legal protections for automated external defibrillators (AEDs). Employers, employees, and authorized personnel would be shielded from liability for death, injury, or damage resulting from administering—or failing to administer—naloxone, except in cases of gross negligence.
Under the new law, businesses would no longer be required to develop specific protocols for storage and training when distributing over-the-counter naloxone, but those selling or distributing prescription versions would still need to comply with existing regulations.
Emily’s Hope has already placed eight naloxone distribution boxes in South Dakota, including in Sioux Falls, Vermillion, Pierre, and Rapid City, and plans to expand its distribution network to 25–50 locations statewide in 2025.
“This bill eliminates unnecessary legal hurdles and encourages more businesses to participate in saving lives,” Kennecke said. “Increasing access to naloxone is a crucial step in addressing the overdose epidemic in our state.” South Dakota is one of five states that reported an increase in overdoses in 2024.
House Bill 1141 now awaits the governor’s signature to become law.