S.D. Admin. R. 44:90:02:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:90:02:01 - Practitioner's written certification of debilitating medical condition

Only a practitioner as defined by SDCL 34-20G-1(21) may issue a written certification pursuant to SDCL 34-20G-1(26) 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 as required to monitor the 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 the bona-fide practitioner-patient relationship exists and the relationship is not for the sole purpose of providing a written certification for medical cannabis, unless referred by another practitioner.

S.D. Admin. R. 44:90:02:01

48 SDR 040, effective 10/5/2021; 49 SDR 009, effective 8/8/2022

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

Law Implemented: SDCL 34-20G-1(2), 34-20G-1(23)(26), 34-20G-29.

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