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South Dakota

South Dakota

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

Rules governing HEALTH CARE PROFESSIONALS:

  • 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.”

Telemedicine abortions are prohibited

South Dakota Professional Licensure Compacts

Interstate Medical Licensure Compact

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: Licenses by medical professionals in other states will be fully recognized in SD  both for in-person and remote work

EXPIRED JUNE 30: Telehealth may be used before the patient-provider relationship has been established in person

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

 

>> CONTINUE TO SOUTH DAKOTA: MID-LEVEL PROVIDER POLICIES

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