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South Dakota

South Dakota

Mid-Level Providers

*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
  • 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

Enhanced Nurse 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: BEHAVIORAL HEALTH PROVIDER POLICIES

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