Medical Board & Physician Policies
*Effective January 1, 2020 (retroactive)* COVID-19 liability protection for health care providers.
*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
- Examinations must be face-to-face using real-time audio and visual technology
- The provider must hold a SD license OR be employed by a licensed health care facility, accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency
- Medical licensing board: An applicant who holds a valid medical license issued by another state may be licensed by reciprocity in South Dakota under the provisions of SDCL 36-4-19 only if the applicant has completed a residency program in the United States or Canada; has passed a valid licensing exam (US & Canada); no allegations of misconduct
- In the absence of a provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance (as defined by § 34-20B-3) solely in response to an internet questionnaire or consult, including any encounter via telephone
Practice of medicine or osteopathy in South Dakota while located outside of state: “Any nonresident physician or osteopath who, while located outside this state, provides diagnostic or treatment services through electronic means to a patient located in this state under a contract with a health care provider… is engaged in the practice of medicine or osteopathy in this state.”
South Dakota Professional Licensure Compacts
EXPIRED: Temporary COVID-19 Policies (SD Medical Board)
EXPIRED JUNE 30: Suspends certain regulatory provisions of ARSD 67:16 (“Covered Medical Services”), 67:61 (“Substance Use Disorders”), and 67:62 (“Mental Health) which limit or restrict the provision of telehealth and which require face-to-face treatment, visits, interviews, and sessions with providers. Many services require face-to-face contact between patients and providers for reimbursement.
EXPIRED JUNE 30: Providers can prescribe certain medications via telehealth (Schedules I through IV drugs, see SDCL 34-52-6)
EXPIRED JUNE 30: Audio-only technology can be used for telehealth services