A plain-language breakdown of SDCL 20-9-4, the 2007 legislative repeal affecting AED owner immunity, and the related statutes governing AED use, schools, and dental offices in South Dakota.
South Dakota has one of the most streamlined AED legal frameworks in the country. There are no mandatory administrative or operational requirements for AED programs: no registration, no physician oversight mandate, no EMS notification requirement at acquisition, no post-use reporting obligation. Any person who acquires an AED may do so and deploy it without establishing a formal program.
The Good Samaritan immunity structure, however, is narrower than most states. Under SDCL 20-9-4.4, immunity covers the person who uses, attempts to use, or even chooses not to use an AED during an emergency. Under SDCL 20-9-4.6, it also covers the AED trainer. It does not cover the AED owner or acquirer, and it does not cover the prescribing or consulting physician.
Those two categories of protection were specifically present in the original 2000 law under SDCL 20-9-4.5 and 20-9-4.7. Both were repealed outright by the 2007 legislature under SL 2007, ch 139. That repeal is the reason the liability picture for AED owners and physicians in South Dakota remains unresolved without other applicable legal doctrines. South Dakota does impose two specific requirements: all schools must include CPR and AED awareness in their curriculum, and dental offices administering general anesthesia or deep sedation must have a functional AED on site.
Not legal advice. This page summarizes publicly available statutes for informational purposes. Laws change and individual circumstances vary — consult a qualified attorney or your state health department before relying on this for compliance decisions.
South Dakota imposes no registration, physician oversight, EMS notification, or post-use reporting requirements to acquire and operate an AED.
SDCL 20-9-4.5 (owner immunity) and 20-9-4.7 (physician immunity) were both repealed by SL 2007, ch 139. The gap has never been filled.
AED owners, acquirers, and physicians who advise on programs have no statutory immunity under SDCL 20-9-4 and must rely on other legal doctrines.
South Dakota AED Requirements at a Glance
| Requirement | Status | Summary |
|---|---|---|
| Good Samaritan immunity (AED user) | Yes | Any person who in good faith obtains, uses, attempts to use, or chooses not to use an AED in providing emergency care is immune from civil liability for the resulting injury. |
| Good Samaritan immunity (AED trainer) | Yes | Any person who provides AED training is immune from civil liability for personal injury occurring as a result of emergency care rendered using the AED. |
| Good Samaritan immunity (AED owner/acquirer) | Repealed 2007 | SDCL 20-9-4.5 was repealed by SL 2007, ch 139. Owners and acquirers have no statutory AED immunity protection under this chapter. |
| Good Samaritan immunity (physician) | Repealed 2007 | SDCL 20-9-4.7 was repealed by SL 2007, ch 139. Physicians who prescribe or consult on AED programs have no immunity protection under this chapter. |
| OTC AED immunity | Separate provision | A parallel immunity applies to users of over-the-counter AEDs purchased without a prescription, under SDCL 20-9-4.9. |
| Program registration | Not required | No registration with any state agency is required to acquire or operate an AED. |
| Physician medical direction | Not required | No statutory obligation to involve a physician in AED program design. |
| Device maintenance | Not required | No regulatory standard mandates maintenance schedules or records, though manufacturer guidelines apply for warranty and device reliability purposes. |
| CPR/AED curriculum | Required (schools) | The secretary of education must identify CPR skills that all schools include in required curriculum and inform districts of available training resources. |
| Annual CPR/AED survey | Required | The secretary of education must annually survey school districts on CPR and AED instruction offered and report results to the Legislature. |
| Dental offices | Required (anesthesia) | Dental offices where general anesthesia or deep sedation is administered must have a functional AED or full-function defibrillator immediately accessible. |
South Dakota AED Statutes
SDCL 20-9-4.3
Definitions
Broad “person” definition covers individuals and organizations alike
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Defines “AED” as an automated external defibrillator, and “person” broadly to include natural persons, organizations, corporations, partnerships, limited partnerships, joint ventures, associations, government entities, and any other legal or commercial entity.
SDCL 20-9-4.4
Civil immunity for emergency use or nonuse of AED
Covers users — including the decision not to use an AED
▾
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 resulting from that emergency care or treatment, or from any act or failure to act in providing or arranging further medical treatment.
SDCL 20-9-4.5
AED owner/acquirer immunity — Repealed 2007
Repealed by SL 2007, ch 139, section 3 — gap has not been filled
▾
Its repeal means South Dakota AED owners and acquirers have no statutory protection under this chapter for claims arising from the placement or maintenance of the device itself. No subsequent legislative session has reinstated this coverage.
SDCL 20-9-4.6
AED trainer immunity
Covers persons who provide AED training
▾
Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care rendered using the AED, or as a result of any act or failure to act in providing or arranging that care.
SDCL 20-9-4.7
Physician immunity — Repealed 2007
Repealed by SL 2007, ch 139, section 4 — gap has not been filled
▾
Its repeal means a physician who provides program oversight, prescribes an AED, or consults on placement and training is not protected by this statutory framework. No subsequent legislative session has reinstated this coverage.
SDCL 20-9-4.8
Immunity inapplicable in event of negligence or misconduct
Gross negligence and willful or wanton misconduct exception applies across all sections
▾
The immunity provided across sections 20-9-4.3 through 20-9-4.8 does not apply if the personal injury results from gross negligence or willful or wanton misconduct of the person rendering emergency care.
SDCL 20-9-4.9
Over-the-counter AED immunity
Parallel immunity for users of FDA-cleared OTC AEDs purchased without a prescription
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The main immunity provisions in 20-9-4.3 through 20-9-4.8 technically apply to AEDs acquired under a written prescription, which has historically been the standard acquisition pathway. The FDA has cleared certain AED models for over-the-counter sale without a prescription.
SDCL 13-3-91 & 13-3-93
CPR and AED skills in school curriculum
Curriculum requirement and annual legislative survey — no device mandate
▾
The secretary of education must identify CPR skills that all schools shall include within required school curriculum and must inform school districts of resources and training available to assist schools in providing instruction in CPR and the use of automated external defibrillators. Training resources recommended by the secretary must be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.
SD Admin. Reg. 20:43:09:13.01
Dental office AED requirement
Required for offices administering general anesthesia or deep sedation only
▾
Any dentist who administers general anesthesia or deep sedation, or who provides dental services to patients under general anesthesia or deep sedation, must ensure the office has an automated external defibrillator or full-function defibrillator that is immediately accessible.
The 2007 Legislative Repeal and What It Means for AED Owners
The original South Dakota AED immunity law, enacted in 2000, included five sections covering the AED user, the AED trainer, the AED owner or acquirer, the physician, and the exception for gross negligence. The 2007 Legislature repealed the owner and physician sections, leaving a gap that no subsequent legislative session has filled.
What this means practically: if an organization acquires an AED, and a patient suffers injury in a rescue attempt, the person who used the device has statutory immunity. The trainer has statutory immunity. But the organization that placed and maintained the device, and any physician who advised on the program, are left to other legal doctrines for protection — such as general Good Samaritan case law, premises liability standards, or the business judgment rule depending on the circumstances.
Practical guidance: Organizations with AED programs in South Dakota should consult legal counsel about their specific exposure, particularly around maintenance obligations and placement decisions. Accurate maintenance records and inspection logs — while not legally required — become important evidence in any post-incident review, and their absence can complicate an organization’s defense posture under general negligence standards.
Frequently Asked Questions
Why don’t AED owners have Good Samaritan protection in South Dakota?+
The statute that previously covered AED owners and acquirers, SDCL 20-9-4.5, was repealed in 2007 under SL 2007, ch 139, section 3. The legislature has not reinstated that coverage. AED users and trainers retain statutory immunity. Owners do not.
Does South Dakota require AED program registration?+
No. South Dakota imposes no registration, notification, or documentation requirement on entities that acquire an AED outside of the dental office context.
What is the OTC AED immunity provision?+
SDCL 20-9-4.9 extends immunity to users of over-the-counter AEDs purchased without a prescription — a category that exists because the FDA has cleared certain AED models for direct consumer purchase. The same gross negligence and willful misconduct exceptions apply.
Do South Dakota schools need AEDs?+
Not by specific mandate. SDCL 13-3-91 requires CPR and AED instruction within the school curriculum but does not require schools to own or maintain AED devices. Districts that voluntarily place AEDs are not covered by the owner immunity provisions that were repealed in 2007.
Do South Dakota dental offices need AEDs?+
Yes, if they administer general anesthesia or deep sedation. SD Admin. Reg. 20:43:09:13.01 requires a functional AED or full-function defibrillator immediately accessible in those offices. Offices that only administer minimal or moderate sedation are not covered by this specific rule.
Is the decision not to use an AED covered by immunity?+
Yes. SDCL 20-9-4.4 specifically includes immunity for a person who “chooses not to use” an AED in providing emergency care. This protects someone who assesses the situation and determines the AED is not appropriate — a broader protection than most state laws provide.
What should AED-owning organizations in South Dakota do about the immunity gap?+
Consult legal counsel about specific exposure, particularly around maintenance obligations and placement decisions. While no law mandates maintenance records, those records become important evidence in any post-incident review. Proper documentation of inspections, expirations, and corrective actions can support an organization’s defense posture under general negligence standards even in the absence of statutory immunity.
Keep your AED program documented and audit-ready
South Dakota’s absence of mandatory requirements makes maintenance records a matter of operational best practice — but those same records become important in any post-incident review. AED Log tracks every inspection, expiration, and incident automatically.
Statutes cited from Justia US Law and the South Dakota Legislature.
This page is for informational purposes only and is not legal advice. For guidance specific to your situation, consult a qualified attorney or your state health department.