44:90:02:01. Practitioner's written certification of debilitating medical condition. Only a practitioner may issue a written certification to a resident of South Dakota. A practitioner's written certification must be submitted to the department and must be on a form supplied by the department. The certification must include:

1. (1) The practitioner's name and address;
2. (2) The practitioner's South Dakota license and National Practitioner Identification numbers, if applicable;
3. (3) Certification that the practitioner has assessed the patient's medical history and current medical condition, including an in-person physical examination;
4. (4) The date on which the physical examination was conducted;
5. (5) Certification that the patient has a debilitating medical condition;
6. (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. (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. (8) The date of expiration, not to exceed one year;
9. (9) The number of designated caregivers, if more than one, that the patient's age or medical condition necessitates; and
10. (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; 52 SDR 10, effective August 4, 2025 .

General Authority: SDCL 34-20G-72 ( 3 ).

Law Implemented: SDCL 34-20G-1 (2), 34-20G-1 (2 6 ), 34-20G-29 .

Prior versions effective: 2022-08-08, 2021-10-05.