Verified October 8, 2026 against the statutes and regulations cited below. Research, not legal advice. All states
What operators miss in South Dakota
- The real-time video exam rule applies whenever the same service would need a face-to-face encounter in person, which rules out audio-only and store-and-forward starts for most visits.
- The relationship requirements do not apply to on-call, cross-coverage, or consults with a clinician who has an ongoing relationship with the patient.
Does South Dakota have a telehealth registration for out-of-state clinicians?
South Dakota has no telehealth registration. A clinician treating a patient in the state by telehealth must be fully licensed in South Dakota or employed by certain licensed facilities or agencies.
- No telehealth-specific registration: a clinician needs the full license or an exception.
Citation: S.D. Codified Laws § 34-52-2
When can an out-of-state clinician treat South Dakota patients without a South Dakota license?
Out-of-state practitioners in actual consultation with a South Dakota-licensed practitioner are exempt. No follow-up care exception was confirmed.
- Exception for consultation with a licensed physician
Citation: S.D. Codified Laws §§ 34-52-2, 36-2-9
Can a patient relationship start by telehealth in South Dakota?
Before diagnosis and treatment, the clinician must give a face-to-face exam using real-time audio and video whenever an in-person encounter would be required for the same service. The relationship also requires location verification, credential disclosure, consent and a diagnosis by accepted methods.
- Audio-only cannot establish the relationship
- Asynchronous care cannot establish the relationship
Citation: S.D. Codified Laws §§ 34-52-3, 34-52-5
Does South Dakota require telehealth consent?
Establishing a telehealth relationship includes obtaining appropriate consent for treatment after disclosing the delivery model and its limits. Clinicians must also follow existing informed-consent law.
- Consent required
Citation: S.D. Codified Laws §§ 34-52-3(3), 34-52-7
What limits does South Dakota put on prescribing by telehealth?
Without a proper provider-patient relationship, a clinician using telehealth may not prescribe a controlled substance solely in response to an internet questionnaire or consult, including a telephone encounter.
- Questionnaire-only prescribing is prohibited
- No controlled substance solely on an internet questionnaire or telephone consult without a proper relationship (S.D. Codified Laws § 34-52-6).
Citation: S.D. Codified Laws §§ 34-52-3, 34-52-6
Does South Dakota require its own controlled-substance registration?
Anyone who prescribes, dispenses or administers controlled substances in South Dakota must obtain a state registration from the Department of Health.
- Required, issued by South Dakota Department of Health
Do private payers in South Dakota have to cover telehealth?
- Private-payer telehealth coverage law
- No payment parity law
Citation: S.D. Codified Laws §§ 58-17-168, 58-17-169
How does South Dakota treat the corporate practice of medicine?
Adding South Dakota to your telehealth practice?
A State Expansion Pack applies South Dakota's rules to your service line and lists what changes in your workflow before the first visit.