South Dakota Good Samaritan Act


General immunity from liability for emergency care - Exceptions.

No peace officer, conservation officer, member of any fire department, police department and their first aid, rescue or emergency squad, or any citizen acting as such as a volunteer, or any other person is liable for any civil damages as a result of their acts of commission or omission arising out of and in the course of their rendering in good faith, any emergency care and services during an emergency which is in their judgment indicated and necessary at the time. Such relief from liability for civil damages shall extend to the operation of any motor vehicle in connection with any such care or services.

Nothing in this section grants any such relief to any person causing any damage by his willful, wanton or reckless act of commission or omission.

(SL 1968, ch 193; 1970, ch 140; 1986, ch 4, 9.)


Licensed medical practitioners immune from liability for emergency care.

No physician, surgeon, osteopath, physician assistant, registered nurse or licensed practical nurse, licensed under the provisions of chapters 36-4, 36-4A and 36-9, who in good faith renders, in this state, emergency care at the scene of the emergency, shall be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care.

(SL 1961, ch 137, 1; 1963, ch 159, 1; 1976, ch 152.)


Immunity of medical practitioner licensed in another state - Acts not deemed professional practice.

No physician, surgeon, osteopath, registered nurse or licensed practical nurse duly licensed to practice his profession in another state of the United States, who renders in this state emergency care at the scene of the emergency, shall be liable as specified in 20-9-3, nor shall he be deemed to be practicing medicine or nursing within this state as contemplated by chapters 36-2, 36-4 and 36-9.

(SL 1961, ch 137, 2; 1963, ch 159, 2.)