South Dakota Codified Laws
Chapter 52 - Telehealth Utilization By Health Care Professionals
Section 34-52-3 - Provider-patient relationship required--Exceptions.

34-52-3. Provider-patient relationship required--Exceptions.
Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes:
(1)Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient;
(2)Disclosing and validating the health care professional's identity and applicable credentials, as appropriate;
(3)Obtaining appropriate consent for treatment from a requesting patient after disclosure regarding the delivery models and treatment methods or limitations;
(4)Establishing a diagnosis through the use of acceptable medical practices, including patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing;
(5)Discussing with the patient the diagnosis and its evidentiary basis and the risks and benefits of various treatment options;
(6)Ensuring appropriate follow-up care for the patient;
(7)Providing a visit summary to the patient or consult note; and
(8)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: SL 2019, ch 156, §3; SL 2021, ch 158, § 2.

Structure South Dakota Codified Laws