ARSD 20:50:04:14. Telehealth

The same standard of care applies to the practice of optometry, whether provided in-person or via telehealth. An optometrist may not provide telehealth services unless the optometrist has established a provider-patient relationship with the patient in compliance with SDCL 34-52-3 and this section. To provide telehealth services, an optometrist must have provided services to the patient at an in-person consultation no more than three years prior to the date when telehealth services are provided. An optometrist may provide telehealth services in the absence of a provider-patient relationship when, in the professional clinical judgment of the optometrist, the patient requires emergency care. Before providing telehealth services, the optometrist must: (1) Disclose to the patient the methods of telehealth delivery and treatment, and any limitations; and (2) Obtain written consent from the patient to receive telehealth services. An optometrist treating a patient through telehealth shall perform a comprehensive optometric examination, as described in § 20:50:07:01, before prescribing eyeglasses or contact lenses to the patient. An optometrist providing telehealth services shall establish protocols for referrals for emergency services. An optometrist providing telehealth services may not issue a prescription for any controlled substance to the patient for whom telehealth services are provided. Failure to comply with this section is unprofessional conduct pursuant to SDCL 36-7-25.