Behavioral Health Providers
*Effective January 1, 2020 (retroactive)* COVID-19 liability protection for health care providers.
*Effective January 1, 2021 (retroactive)* The South Dakota Medicaid State Plan was altered to allow substance use disorder agencies to be reimbursed an originating site fee for acting as a telemedicine originating site.
*Signed by the Governor March 9, 2021* 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.
*Effective July 1, 2021* South Dakota Medicaid has removed the "same community limitation" that previously prohibited telemedicine services from being covered if the patient and provider were both located in the same community
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 Behavioral Health Professional Licensure Compacts
EXPIRED: Temporary COVID-19 Policies (SD Behavioral Health)
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