Medical Board & Physician Policies
*new update as of April 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.
*new update as of April 2021* COVID-19 liability protection for health care providers.
*proposed update* Before prescribing medical cannabis, the patient-provider relationship can be established via telehealth.
- 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
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
Temporary COVID-19 Policies (SD Medical Board)
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.
Providers can prescribe certain medications via telehealth (Schedules I through IV drugs, see SDCL 34-52-6)
Audio-only technology can be used for telehealth services
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