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.

1. (1) Disclose to the patient the methods of telehealth delivery and treatment, and any limitations; and

2. (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.

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:

Source: 52 SDR 2, effective July 20, 2025 .

General Authority: SDCL 36-7-15 (2).

Law Implemented: SDCL 34-52-2 , 34-52-3 , 36-7-25 (8) .