*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.
*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
* 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 Mid-Level Professional Licensure Compacts
Temporary COVID-19 Policies (SD Mid-Levels)
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.
Licenses by medical professionals in other states will be fully recognized in SD, both for in-person and remote work
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
>> CONTINUE TO SOUTH DAKOTA: BEHAVIORAL HEALTH PROVIDER POLICIES