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South Dakota

South Dakota

Mid-Level Providers

*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.

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

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

Telehealth may be used before the patient-provider relationship has been established in person

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

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