Behavioral Health Providers
*new update* Health care providers offering telehealth (which does not include audio-only services) must establish an appropriate patient-provider relationship in the course of telehealth treatment.
*new update* COVID-19 liability protection for health care providers.
According to the South Dakota Board of Examiners of Psychologists: “Telehealth/telepsychology are not currently addressed in Statues and Rules for the South Dakota Board of Examiners of Psychologists. However, Psychologists could reasonably be considered a “Health Care Professional” pursuant to 34-52-1(1) as defined in 58-17F-1.” This implies that the following rules (seen in the Medical Board and Mid-Levels sections) apply:
- Examinations must be face-to-face using real-time audio and visual technology
- Health care professionals treating patients via telehealth must be fully licensed in South Dakota
- Telehealth may NOT be utilized in the absence of a pre-established provider-patient relationship
- This includes obtaining patient consent, establishing a diagnosis, discussing diagnosis with patient, ensuring appropriate follow-up care
- WITHOUT a provider-patient relationship, a health care professional MAY NOT prescribe a controlled drug or substance (as defined by § 34-20B-3), based on a telephone encounter
- EXCEPTIONS: on-call, cross coverage situations, and consultation with another health care professional who has an ongoing health care provider relationship with the patient
* HEALTH CARE PROFESSIONALS are defined in § 58-17F-1 (“a physician or other health care practitioner licensed, accredited, or certified to perform specified health services consistent with state law”)
South Dakota Mental Health Professional Licensure Compacts
Temporary COVID-19 Policies (SD Mental Health)
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