South Dakota good-faith exam for med spas

Good-faith examination in South Dakota

South Dakota's telehealth chapter states WHO may treat. Any health care professional treating a patient in the state through telehealth shall be FULLY LICENSED to practice in the state — or employed by one of the named licensed or accredited facilities — AND subject to any rule adopted by the applicable South Dakota licensing body. Telehealth itself is defined broadly: 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. Because the operative requirements are pushed to the licensing body's rules, these claims do not themselves fix an examination requirement; what they do fix is the standard the board measures against — professional incompetence is a DEVIATION FROM THE STATEWIDE STANDARD OF COMPETENCE, being the minimum degree of skill and knowledge necessary to perform the characteristic tasks of a physician in at least a reasonably effective way.

• 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 under §36-32-76; and subject to any rule adopted by the applicable South Dakota licensing body.

  S.D. Codified Laws §34-52-2 · verified Sep 3, 2026

• "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.

  S.D. Codified Laws §34-52-1(5) · verified Sep 3, 2026

• "Originating site," a site where a patient is located at the time health care services are delivered to the patient via telehealth.

  S.D. Codified Laws §34-52-1(3) · verified Sep 3, 2026

• For the purposes of this section, professional incompetence is a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a physician or surgeon in at least a reasonably effective way.

  S.D. Codified Laws §36-4-29 · verified Sep 3, 2026