44:90:02:01.  Practitioner’s written certification of debilitating medical condition. Only a practitioner as defined by SDCL 34-20G-1 may issue a written certification to a resident of South Dakota. A practitioner’s written certification shall be submitted to the department and must be on a form supplied by the department. The certification must include:

    (1)  The practitioner’s name and address;

    (2)  The practitioner’s South Dakota license and National Practitioner Identification numbers, if applicable;

    (3)  Certification that the practitioner has assessed the patient's medical history and current medical condition, including an in-person physical examination;

    (4)  The date on which the physical examination was conducted;

    (5)  Certification that the patient has a debilitating medical condition, as defined by SDCL 34-20G-1(8), specifying the International Classification of Diseases, Tenth Revision code;

    (6)  Certification that the practitioner and patient, or the patient’s parents or legal guardian, have discussed treatment options for the patient’s debilitating medical condition;

    (7)  Certification that the practitioner is available for further consultation and follow-up care with the patient or the patient’s parents or legal guardian to monitor the medical use of cannabis;

    (8)  The date of expiration, not to exceed one year;

    (9)  The number of designated caregivers, if more than one, that the patient’s age or medical condition necessitates; and

    (10)  Certification that a bona fide practitioner-patient relationship exists.

    Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.

    General Authority: SDCL 34-20G-72(4).

    Law Implemented: SDCL 34-20G-1(2), 34-20G-1(26), 34-20G-29.

    Reference: National Center for Health Statistics. (2021). International Classification of Diseases, 10th Revision, Clinical Modification. https://icd10cmtool.cdc.gov/.