South Dakota

CURRENT STATE LAWS & POLICY

AT A GLANCE

Medicaid Program

South Dakota Medicaid

Administrator

South Dakota Dept. of Social Services

Regional Telehealth Resource Center

Great Plains Telehealth Resource and Assistance Center

Medicaid Reimbursement

Live Video: Yes
Store-and-Forward: No
Remote Patient Monitoring: No

Private Payer Law

Law Exists: Yes
Payment Parity: No

Professional Requirements

Licensure Compacts: IMLC, NLC PTC
Consent Requirements: No

Last updated 04/30/2021

Audio-Only Delivery

Medicaid: South Dakota Provider Manual

STATUS: Permanent, some sections only apply during PHE

Medicaid: COVID-19 FAQs

STATUS: Active, during PHE

Medicaid: COVID-19 Telemedicine Updates

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K – CHOICES

STATUS: Active, Expires 6 months after end of PHE

Office of the Governor: Executive Order 2020-34 (extending telehealth flexibilities in prior EOs)

STATUS: Active, expires June 30, 2021

Office of the Governor: Executive Order (suspends Medicaid telemedicine restrictions)

STATUS: Active, until SD state of emergency ends

Medicaid 1915(c) Waiver: Appendix K – Assistive Daily Living Services

STATUS: Active, Expires 6 months after end of PHE

Medicaid 1915(c) Waiver: Appendix K – Home and Community-Based Options and Person-Centered Excellence (HOPE) Waiver

STATUS: Active, Expires 6 months after end of PHE

Last updated 04/30/2021

Cross State Licensing

Board of Social Work Examiners: Telehealth COVID-19 Update

STATUS: Active

Board of Examiners for Counselors & Marriage and Family Therapists: Telehealth COVID-19 Updates

STATUS: Active

Last updated 04/30/2021

Easing Prescribing Requirements

No Reference Found

Last updated 04/30/2021

Miscellaneous

Board of Examiners of Psychologists:  Telehealth COVID-19 Update

STATUS: Active

HB 1175: Immunity from Liability for Healthcare Providers

STATUS: Enacted

HB 1046: Immunity from Liability for Healthcare Providers

STATUS: Enacted

Last updated 04/30/2021

Originating Site

Medicaid: South Dakota Provider Manual

STATUS: Permanent, some sections only apply during PHE

Medicaid: COVID-19 Telemedicine Updates

STATUS: Active

Last updated 04/30/2021

Private Payer

No Reference Found

Last updated 04/30/2021

Provider Type

Medicaid: South Dakota Provider Manual

STATUS: Permanent, some sections only apply during PHE

Medicaid: COVID-19 Telemedicine Updates

STATUS: Active

Medicaid: IHS and Tribal Providers

STATUS: Active, during PHE

Last updated 04/30/2021

Service Expansion

Medicaid: South Dakota Provider Manual

STATUS: Permanent, some sections only apply during PHE

Medicaid: COVID-19 FAQs

STATUS: Active, during PHE

Medicaid: COVID-19 Telemedicine Updates

STATUS: Active

Medicaid: Telehealth Flexibilities Align with Medicare

STATUS: Active, during PHE

Office of the Governor: Executive Order 2020-34 (extending telehealth flexibilities in prior EOs)

STATUS: Active, expires June 30, 2021

Office of the Governor: Executive Order (suspends Medicaid telemedicine restrictions)

STATUS: Active, until SD state of emergency ends

Medicaid 1915(c) Waiver: Appendix K – Assistive Daily Living Services

STATUS: Active, Expires 6 months after end of PHE

Medicaid 1915(c) Waiver: Appendix K – Home and Community-Based Options and Person-Centered Excellence (HOPE) Waiver

STATUS: Active, Expires 6 months after end of PHE

Last updated 04/29/2021

Definitions

“Telemedicine is the use of an interactive telecommunications system to provide two-way, real-time, interactive communication between a provider and a Medicaid recipient across a distance.”

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 13 (Mar. 2021) & Community Health Worker, pg. 7 (Mar. 2021). (Accessed Apr. 2021).

Office of Adult Services and Aging

“Telehealth services” is a home-based health monitoring system used to collect and transmit an individual’s clinical data for monitoring and interpretation.

SOURCE: SD Regulation 67:40:19:01(21) (Accessed Apr. 2021).

Last updated 04/29/2021

Email, Phone & Fax

Telephones, facsimile machines, and electronic mail systems do not meet the definition of an interactive telecommunications system.

Non-covered telephone services that are unrelated to COVID-19 should only be billed to a recipient if the provider would bill the general public for this service and the telephone service is not part of the provider’s obligation as a Primary Care Provider/Health Home.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 8, 13 (Mar. 2021) (Accessed Apr. 2021).

Crisis assessment and intervention services are covered which includes an immediate therapeutic response available 24 hours a day 7 days a week that involves direct telephone or face-to-face contact with a recipient exhibiting acute psychiatric symptoms and/or inappropriate behavior that left untreated, presents an immediate threat to the recipient or others.

SOURCE: SD Medicaid Billing and Policy Manual: Community Mental Health Center Services, p. 6 (Dec. 2020), (Accessed Apr. 2021).

Collateral contacts is covered which involves Telephone or face-to-face contact with an individual other than the identified recipient to plan appropriate treatment, assist others so they can respond therapeutically regarding the recipient’s difficulty or illness, or link the recipient, family, or both, to other necessary and therapeutic community support.

SOURCE: SD Medicaid Billing and Policy Manual: Community Mental Health Center Services, p. 6 (Dec. 2020) & Substance Use Disorder Agency Services, p. 4 (Dec. 2020) (Accessed Apr. 2021).

SD Medicaid does not cover physician telephone patient services, online medical evaluation, interprofessional telephone/internet/electronic health record consultations.

SOURCE: SD Medicaid Billing and Policy Manual: Physician Services, p. 8 (Dec. 2020), (Accessed Apr. 2021).

Last updated 04/29/2021

Live Video

POLICY

Services provided via telemedicine are subject to the same service requirements and limitations as in-person services.

These coverage requirements apply for telemedicine services in SD Medicaid:

  • The provider must be properly enrolled;
  • Services must be medically necessary;
  • The recipient must be eligible; and
  • If applicable, the service must be prior authorized.

Providers must bill for services at their usual and customary charge. Providers are reimbursed the lesser of their usual and customary charge or the fee schedule rate.  Reimbursement for distant site telemedicine services is limited to the individual practitioner’s professional fees or the encounter rate if the service qualifies as an FQHC/RHC or IHS/Tribal 638 clinic service. The maximum allowable amount for services provided via telemedicine is the same as services provided in-person.

See Appendix of manual for complete list of CPT codes, but please note that current version of this manual includes services that are only being covered on a temporary basis.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 3-4 & 12 (Mar. 2021) (Accessed Apr. 2021).


ELIGIBLE SERVICES/SPECIALTIES

See manuals for specific CPT codes in Appendix.  Services not specifically listed as covered in the procedure code table in the Appendix are considered non-covered.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 11, 14-16 (Mar. 2021) (Accessed Apr. 2021).

Community health worker services can be provided via telemedicine.

SOURCE: SD Medicaid Billing and Policy Manual: Community Health Worker, pg. 8, (Mar. 2021). (Accessed Apr. 2021).

Speech language pathologist services can be provided via telemedicine for adults, in schools, and for infants ages 0-3.

SOURCE: SD Medicaid Billing and Policy Manual:  Birth to Three Non-School District Providers, p. 3, (Jan. 2021), School Districts, pg. 4, (Apr. 2021), & Therapy Services (Dec. 2020). (Accessed Apr. 2021)

Psychotherapy is allowed to be provided via telehealth.

SOURCE: SD Medicaid Billing and Policy Manual: Independent Mental Health Practitioners, pg. 13, (Dec. 2020), (Accessed Apr. 2021). 

An encounter for the initial ordering of durable medical equipment may occur through telehealth.

SOURCE: SD Medicaid Billing and Policy Manual: Durable Medical Equipment, Prosthetics, Orthotics and Supplies, pg. 2. Dec. 2020. (Accessed Apr. 2021).

Speech therapy services may be provided via telemedicine after an initial face-to-face contact and once every 90 days thereafter.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 4 (Mar. 2021). (Accessed Apr. 2021).

A face-to-face encounter for physician recertification for hospice may occur via telemedicine.

SOURCE: SD Medicaid Billing and Policy Manual: Hospice, p. 2 (Dec. 2020), (Accessed Apr. 2021).

Telemedicine consultations are covered as outpatient hospital services.

SOURCE: SD Medicaid Billing and Policy Manual: Outpatient Hospital Services, p. 2 (Dec. 2020), (Accessed Apr. 2021).

Community health worker services can be provided via telemedicine.

SOURCE: SD Medicaid Billing and Policy Manual: Community Health Worker, p. 8 (Mar. 2021), (Accessed Apr. 2021).

Psychotherapy is allowed to be provided via telehealth.

SOURCE: SD Medicaid Billing and Policy Manual: Independent Mental Health Practitioners, p. 13, (Dec. 2020), (Accessed Apr. 2021).


ELIGIBLE PROVIDERS

The following providers can provide services via telemedicine at a distant site:

  • Certified Social Worker (PIP or PIP Candidate)
  • Clinical Nurse Specialist
  • Community Health Worker
  • Community Mental Health Centers (CMHC)
  • Diabetes Education Programs
  • Dietitians
  • Federally Qualified Health Centers (FQHC)
  • Indian Health Services Clinics
  • Licensed Marriage and Family Therapists
  • Licensed Professional Counselor (MH or working toward MH designation)
  • Nurse Practitioners
  • Nutritionists
  • Physicians
  • Physician Assistants
  • Podiatrists
  • Psychologist
  • Rural Health Clinic (RHC)
  • Speech Language Pathologists
  • Substance Use Disorder Agencies
  • Tribal 638 facilities

* Audiologists, occupational therapists, physical therapists and optometrists are listed as temporarily allowed during COVID-19 PHE in the provider manual, but are not permanent eligible providers.

Unless prohibited by law or regulation the distant site location may be a provider’s home. South Dakota Medicaid does not require the distant site location be listed on their provider enrollment record. All services provided via telemedicine at a distant site must be billed with the GT modifier in the first modifier position to indicate the service was provided via telemedicine.

South Dakota Medicaid does not have additional requirements regarding the distant site location other than the same community limitation stated in this manual.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 1 & 4 (Mar. 2021). (Accessed Apr. 2021).

Speech therapy services may be provided via telemedicine once an initial in-person contact has been completed. An in-person contact must occur every 90 days thereafter. The telemedicine service must be provided by means of “real-time” interactive telecommunications system. The recipient (patient) and provider cannot be in the same community.

SOURCE: SD Medicaid Billing and Policy Manual: Therapy Services, pg. 7, Dec. 2020, (Accessed Apr. 2021).

Indian Health Services and Tribal 638 Providers

IHS/Tribal 638s may also provide distant site telemedicine services. When an IHS provider is the originating site and an IHS contract provider is the distant site, IHS should submit a claim for both the originating site facility fee and the distant site telemedicine services. The contracted distant site provider may not submit a claim for the service. The services rendered by the contracted provider are reimbursed through their contract with IHS.

“Encounter,” a face-to-face or telemedicine contact between a health care professional and a Medicaid recipient for the provision of Medicaid or CHIP services through an IHS or Tribal 638 facility within a 24-hour period ending at midnight.

SOURCE: SD Medicaid Billing and Policy Manual:  IHS and Tribal 638 Providers, p. 5 & 12-13, (Apr. 2021), (Accessed Apr. 2021).


ELIGIBLE SITES

Originating sites listed in the eligible provider section are eligible to receive a facility fee for each completed telemedicine transaction for a covered distant site telemedicine service. Sites not listed may also serve as an originating site but are not eligible for a facility fee reimbursement. Originating site are not reimbursed for any additional costs associated with equipment, technicians, technology, or personnel utilized in the performance of the telemedicine service. Originating sites must be enrolled with South Dakota Medicaid.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 1 & 3 (Mar. 2021). (Accessed Apr. 2021).

FQHC/RHCs are eligible to serve as an originating site for telemedicine services. An originating site is the physical location of the Medicaid recipient at the time the service is provided a home can be an originating site but is not eligible for reimbursement.

SOURCE: SD Medicaid Billing and Policy Manual:  FQHC and RHC Services, pg. 6, 14, (Dec. 2020)  (Accessed Apr. 2021).

Indian Health Services and Tribal 638 Providers

IHS and Tribal 638 facilities s are eligible to serve as an originating site for telemedicine services.

SOURCE: SD Medicaid Billing and Policy Manual:  IHS and Tribal 638 Providers, p. 5, (Apr. 2021), (Accessed Apr. 2021).


GEOGRAPHIC LIMITS

An originating site may not be located in the same community as the distant site, unless the originating site is a nursing facility; or telemedicine is being utilized primarily to reduce the risk of exposure of the provider, staff, or others to infection.

If telemedicine is being used primarily to reduce the risk of exposure to infection, the originating site would generally be expected be a recipient’s home or another site ineligible to bill an originating site facility fee.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 3 (Mar. 2021) (Accessed Apr. 2021).


FACILITY/TRANSMISSION FEE

Certain originating sites are eligible for a facility fee and are:

  • Office of a physician or practitioner
  • Outpatient Hospital
  • Critical Access Hospital
  • Rural Health Clinic
  • Federally Qualified Health Center
  • Indian Health Services Clinic
  • Community Mental Health Center
  • Substance use disorder agency
  • Nursing Facilities
  • Schools

The originating site may not be located in the same community as the distant site unless the originating site is a nursing facility.

Originating site are not reimbursed for any additional costs associated with equipment, technicians, technology, or personnel utilized in the performance of the telemedicine service.

A recipient’s home is not eligible for reimbursement of an originating site facility fee.

For group services with multiple recipients in the same originating site location, only one originating site fee is billable per physical location of the recipients. For Division of Behavioral Health block grant contract providers, the originating site fee should only be billed to Medicaid if the group includes both Medicaid recipients and individuals ineligible for Medicaid.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 2-3; 11, 13. (Mar. 2021). (Accessed Apr. 2021).

Skilled Nursing Facility and Nursing Facility Services

The telemedicine originating site fee is reimbursed at the lesser of the provider’s usual and customary charge and the fee for HCPCS code Q3014 listed on the Physician Services Fee Schedule.  The telemedicine originating site fee must be billed using revenue code 780.

SOURCE: SD Medicaid Billing and Policy Manual: Skilled Nursing Facility and Nursing Facility Services, p. 10, (Dec. 2020), (Accessed Apr. 2021).

Last updated 04/29/2021

Miscellaneous

Originating sites eligible for reimbursement must bill for the service using HCPCS Q3014.

All telemedicine services provided at the distant site must be billed with the GT modifier.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 13 (Mar. 2021). (Accessed Apr. 2021).

The initial face-to-face encounter for home health services may occur via telehealth.

SOURCE: SD Medicaid Billing and Policy Manual: Home Health Agency Services, p. 3. (Mar. 2021). (Accessed Apr. 2021).

The telemedicine provider manual lists temporary COVID-19 specific policies. Please reference manual for additional information.

See telemedicine provider manual for specific documentation requirements.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, (Mar. 2021), (Accessed Apr. 2021).

See list of recipients in manual that are eligible for medically necessary services covered in accordance with the limitations of the telemedicine chapter.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 2 (Mar. 2021) (Accessed Apr. 2021).

See manual for documentation requirements for originating and distant sites.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 11-12 (Mar. 2021) (Accessed Apr. 2021).

Last updated 04/29/2021

Out of State Providers

The out-of-state prior authorization requirement does not apply if the recipient is located in South Dakota at the time of the service and the provider is located outside of the State. If the service otherwise requires a prior authorization, the provider is still required to obtain prior authorization prior to providing the service.

The distant site provide does not need an out-of-state prior authorization for services delivered via telemedicine. If the service otherwise requires a prior authorization, the provider is still required to obtain prior authorization prior to providing the service.

SOURCE: SD Medicaid Billing and Policy Manual: Telemedicine, p. 4 & 14 (Mar. 2021). (Accessed Apr. 2021).

Last updated 04/29/2021

Overview

South Dakota Medicaid provides reimbursement for live video and audio-only services under some circumstances. Reimbursement is not provided for store-and-forward or remote patient monitoring services.

Last updated 02/28/2021

Remote Patient Monitoring

POLICY

The Office of Adult Services and Aging defines “telehealth services” as a home-based health monitoring system used to collect and transmit an individual’s clinical data for monitoring and interpretation.

SOURCE: SD Regulation 67:40:19:01(21) (Accessed Apr. 2021).

The initial order encounter for home health services may occur through telehealth.

SOURCE: SD Medicaid Billing and Policy Manual: Home Health Services, p. 3 (Mar. 2021). (Accessed Apr. 2021).

SD Medicaid does not cover remote monitoring.

SOURCE: SD Medicaid Billing and Policy Manual: Physician Services, p. 8 (Dec. 2020), (Accessed Apr. 2021).


CONDITIONS

No Reference Found


PROVIDER LIMITATIONS

No Reference Found


OTHER RESTRICTIONS

No Reference Found

Last updated 04/29/2021

Store and Forward

POLICY

No Reference Found


ELIGIBLE SERVICES/SPECIALTIES

No Reference Found


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

No Reference Found

Last updated 04/29/2021

Definitions

“Telehealth,” the delivery of health care services through the use of HIPAA-compliant interactive audio-video. The term does not include the delivery of health care services through audio-only telephone, electronic mail message, text message, mail service, facsimile transmission, or any combination thereof.

SOURCE: SD Codified Laws Sec. 58-17-167. (Accessed Apr. 2021).

Last updated 04/29/2021

Parity

SERVICE PARITY

A health insurance policy, contract, or plan providing for third-party payment may not discriminate between coverage benefits for health care services that are provided in person and the same health care services that are delivered through telehealth as long as the services are appropriate to be provided through telehealth. Nothing in §§ 58-17-167 to 58-17-170, inclusive, prohibits a health insurer and a health care professional from entering into a contract for telehealth with terms subject to negotiation.

Health insurers cannot exclude a service for coverage solely because the service is provided through telehealth and not provided through in-person consultation or contact between a health care professional and a patient.

Health insurers are not required to provide coverage for health care services that are not medically necessary.

Health insurers are NOT prohibited from:

  • Establishing criteria that a health care professional must meet to demonstrate the safety and efficacy of delivering a particular health care service via telehealth that the health insurer does not already reimburse other health care professionals for delivering via telehealth so long as the criteria are not unduly burdensome or unreasonable for the particular services;
  • Requiring a health care professional to agree to certain documentation or billing practices designed to protect the health insurer or patients from fraudulent claims so long as the practices are not unduly burdensome or unreasonable for the particular services;
  • Including a deductible, copayment, or coinsurance requirement for a health care service provided via telehealth, if the deductible, copayment, or coinsurance is not in addition to and does not exceed the deductible, copayment, or coinsurance applicable if the same services were provided through in-person contact.

SOURCE: SD Codified Laws Ann. § 58-17-168 & 169. (Accessed Apr. 2021).


PAYMENT PARITY

No Reference Found

Last updated 04/29/2021

Requirements

Health insurers are prohibited from excluding a service from coverage solely because it was provided through telehealth.  Health care services delivered by telehealth must be appropriate and delivered in accordance with applicable law and generally accepted health care practices and standards prevailing at the time the health care services are provided.

SOURCE: SD Codified Laws Ann. § 58-17-168. (SB – 137). (Accessed Apr. 2021).

Last updated 04/29/2021

Cross State Licensing

An applicant who holds a valid medical license issued by another state can be licensed through reciprocity in South Dakota if:

  • The applicant completed a residency program in the US or Canada;
  • Has passed one of the listed licensure examinations. (Please see rule for list);
  • Is in good standing with their state’s professional board; and
  • Has completed a state and federal criminal background investigation.

SOURCE: SD Regulation 20:78:03:12. (Accessed Apr. 2021).

Any health care professional treating a patient in the state through telehealth shall be fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency and subject to any rule adopted by the applicable South Dakota licensing body.

SOURCE: SD Codified Laws Sec. 34-52-2. (Accessed Apr. 2021).

Last updated 04/29/2021

Definitions

“Telehealth,” the use of secure electronic information, imaging, and communication technologies by a health care professional to deliver health care services to a patient, including interactive audio-video, interactive audio with store and forward, store-and-forward technology, and remote patient monitoring. Telehealth does not include the delivery of health care services through electronic means under the provisions of chapter 27A-10.

SOURCE: SD Codified Laws Sec. 34-52-1 & Senate Bill 96 (2021 Session). (Accessed Apr. 2021).

“Telehealth services” is a home-based health monitoring system used to collect and transmit an individual’s clinical data for monitoring and interpretation.

SOURCE: SD Regulation 67:40:19:01(21) (Accessed Apr. 2021).

Mental Health Procedures in Criminal Justice

“Telehealth” is a mode of delivering healthcare services that utilizes information and communication technologies to enable the diagnosis, consultation, treatment, education, care management and self-management of patients at a distance from heath care providers.

SOURCE: SD Codified Laws Ann. § 23A-50-1(6) (Accessed Apr. 2021).

Speech-language Pathology

“Telepractice,” “telespeech,” “telespeech-language pathology,” or “telehealth” is the application of telecommunication technology to delivery speech-language pathology at a distance for assessment, intervention, or consultation.

SOURCE: SD Regulation 20:79:01:01(9) (Accessed Apr. 2021).

Last updated 04/29/2021

Licensure Compacts

Member of Physical Therapy Compact.

SOURCE:  PT Compact.  (Accessed Apr. 2021). 

Member of Interstate Medical Licensure Compact.

SOURCE: Interstate Medical Licensure Compact. (Accessed Apr. 2021).

Member of Nurse Licensure Compact.

SOURCE: Current NLC States & Status. Nurse Licensure Compact. (Accessed Apr. 2021).

Last updated 04/29/2021

Miscellaneous

A health care professional or the originating site treating a patient through telehealth shall:

  • Maintain a complete record of the patient’s care;
  • Disclose the record to the patient consistent with state and federal laws; and
  • Follow applicable state and federal statutes and regulations for medical record retention and confidentiality.

SOURCE: SD Codified Laws Sec. 34-52-8. (Accessed Apr. 2021).

Office of Adult Service and Aging

In-home services, which is defined as including “telehealth services”, may be provided to an individual who demonstrates a need for long-term supports and services through an assessment and the following criteria:

  • The individual is residing at home;
  • The individual is age 60 or older or is age 18 or older with a disability; and
  • The individual is not eligible for other programs which provide the same type of service.

SOURCE: SD Regulation 67:40:19:04. (Accessed Apr. 2021).

Last updated 04/29/2021

Online Prescribing

Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes:

  • Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient;
  • Disclosing and validating the health care professional’s identity and applicable credentials, as appropriate;
  • Obtaining appropriate consent for treatment from a requesting patient after disclosure regarding the delivery models and treatment methods or limitations;
  • Establishing a diagnosis through the use of acceptable medical practices, including patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing;
  • Discussing with the patient the diagnosis and its evidentiary basis and the risks and benefits of various treatment options;
  • Ensuring appropriate follow-up care for the patient;
  • Providing a visit summary to the patient or consult note; and
  • Utilizing technology sufficient to evaluate or diagnose and appropriately treat a patient for the condition as presented in accordance with the applicable standard of care.

Exceptions to the requirements of this section include on-call, cross coverage situations, and consultation with another health care professional who has an ongoing health care provider relationship with the patient and agrees to supervise the patient’s care and emergency treatment.

SOURCE: SD Codified Laws Sec. 34-52-3 & Senate Bill 96 (2021 Session). (Accessed Apr. 2021).

A health care professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter would otherwise be required in the provision of the same service not delivered via telehealth.

SOURCE: SD Codified Laws Sec. 34-52-5. (Accessed Apr. 2021).

Without a proper 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.

SOURCE: SD Codified Laws Sec. 34-52-6. (Accessed Apr. 2021).

 

Last updated 04/29/2021

Professional Board Standards

No Reference Found