CHAPTER 20:62:03
PRACTICE
Section
20:62:03:01 Repealed.
20:62:03:02 Repealed.
20:62:03:03 Repealed.
20:62:03:04 Repealed.
20:62:03:05 Repealed.
20:62:03:06 Repealed.
20:62:03:07 Repealed.
20:62:03:08 Repealed.
20:62:03:09 Management of patient records.
20:62:03:10 Out-of-hospital birth practice.
20:62:03:11 Prescribing.
20:62:03:01. Supervision by physician.Repealed.
Source: 9 SDR 126, effective April 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 179, effective June 26, 1996; repealed, 26 SDR 67, effective November 21, 1999.
20:62:03:02. Substitute for supervising physician -- Temporary substitute.Repealed.
Source: 9 SDR 126, effective April 13, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 179, effective June 26, 1996; repealed, 26 SDR 67, effective November 21, 1999.
20:62:03:03. Collaboration with a licensed physician or physicians. Repealed.
Source: 26 SDR 67, effective November 21, 1999; 35 SDR 166, effective December 26, 2008; 43 SDR 57, effective October 20, 2016; 45 SDR 9, effective July 30, 2018.
20:62:03:04. Direct personal contact. Repealed.
Source: 26 SDR 67, effective November 21, 1999; 43 SDR 57, effective October 20, 2016; 45 SDR 9, effective July 30, 2018.
20:62:03:05. Collaboration – Separate practice location. Repealed.
Source: 26 SDR 67, effective November 21, 1999; 35 SDR 312, effective July 6, 2009; 43 SDR 57, effective October 20, 2016.
20:62:03:06. Identification of secondary physician. Repealed.
Source: 26 SDR 67, effective November 21, 1999; 45 SDR 9, effective July 30, 2018.
20:62:03:07. Temporary collaborating physician. Repealed.
Source: 26 SDR 67, effective November 21, 1999; 45 SDR 9, effective July 30, 2018.
20:62:03:08. Collaborative agreement. Repealed.
Source: 26 SDR 67, effective November 21, 1999; 45 SDR 9, effective July 30, 2018.
20:62:03:09. Management of patient records. For patient information controlled by a licensee or licensee's estate, a licensee shall:
(1) Provide copies of all medical records, reports, and x-rays upon the request of a patient or designee pursuant to SDCL chapter 36-2;
(2) Have a plan in place to allow the transfer of active patient records to the patient or the patient's designee, legal guardian, a health care facility licensed under SDCL chapter 34-12 or a corporation organized for the purpose of owning and operating a health care clinic. If active patient records cannot be so transferred, they shall be retained by the licensee or estate in possession of them or destroyed. Prior to any transfer or destruction of active patient records, reasonable notice of at least thirty days shall be given by mail to the patient, legal guardian, or the patient's designee at the last known address stating the proposed disposition of the records and giving a deadline prior to which the records may be claimed.
Nothing in SDCL 36-9A or this article prevents a licensee from destroying records which have become inactive or for which the whereabouts of the patient is no longer known to the licensee.
Source: 45 SDR 9, effective July 30, 2018.
General Authority: SDCL 36-9A-41.
Law Implemented: SDCL 36-9A-12, 36-9A-13, 36-9A-13.1.
20:62:03:10. Out-of-hospital birth practice. Prior to performing out-of-hospital birth services, a nurse midwife shall submit to the board a signed agreement to:
(1) Follow board approved out-of-hospital birth practice guidelines;
(2) Provide quality review data on out-of-hospital births to the board;
(3) Follow all state requirements, including providing birth registration data to the South Dakota Department of Health or, upon operating a birth center, agree to comply with requirements in article 44:69.
Source: 45 SDR 9, effective July 30, 2018.
General Authority: SDCL 36-9A-41.
Law Implemented: SDCL 36-9A-13, 34-25-8.
20:62:03:11. Prescribing. A nurse practitioner or nurse midwife may request, receive, and provide prepackaged drug samples which the nurse practitioner or nurse midwife is authorized to prescribe. A drug sample means a prepackaged unit of a prescription drug supplied by the manufacturer and provided at no charge to the patient. A nurse practitioner or nurse midwife may provide prepackaged, labeled drug samples to the nurse practitioner's or nurse midwife's patients for conditions being treated by the nurse practitioner or nurse midwife. Each sample drug shall be accompanied by written administration instructions.
Prior to prescribing any controlled substances listed in SDCL chapter 34-20B, a nurse practitioner or nurse midwife, that meets state and federal controlled substance registration requirements, shall register with the state's prescription drug monitoring program (PDMP) and meet requirements in SDCL chapter 34-20E. The standards for documentation of patient care when prescribing controlled substance drugs for the treatment of chronic, non-cancer pain include:
(1) Documentation of results of physical examinations, diagnostic or laboratory tests;
(2) Documentation of a patient's medical and psychosocial history;
(3) Documentation that appropriate state PDMPs were accessed;
(4) Documentation of a patient's treatment agreement, if used;
(5) Documentation of having provided instructions to the patient, or patient's representative, of the benefits and risks of controlled substances, proper use and storage of drugs, and proper disposal of unused drugs;
(6) When prescribing opioid drugs, documentation of instructions including the risk of addiction, overdose, and death, and use of naloxone products to reverse overdose, as defined in SDCL chapter 34-20A;
(7) Progress or lack of progress of pain management and functional improvement; and
(8) Consultation with other health care providers or specialists.
Source: 45 SDR 9, effective July 30, 2018.
General Authority: SDCL 36-9A-41.
Law Implemented: SDCL 34-20A, 34-20B, 34-20E, 36-9A-12, 36-9A-13, 36-9A-29(5)(9).
