*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
- 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
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