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South Dakota Summary of State Laws & Regulations
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South Dakota Frequently Asked Questions


Which procedures at medical spas constitute medical treatment?

Who can own a medical spa?

Can a non-physician own all or part of a medical spa?

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?

If I'm not a doctor, can I share in the profits of a medical spa?

If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa.

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?

a) What are the anti-kickback statutes?

b) What are some examples of prohibited kickbacks and referral arrangements?

c) How do I properly incentivize my staff and patients to bring my med spa more business without engaging in kickbacks?

Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?

Can a medical spa pay a person or entity to market the practice’s services?

Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

Can staff take commissions on non-medical retail products?

Do I need to charge sales tax on procedures like Botox?

Are Botox parties legal?

Who can legally fire a laser under South Dakota law?

a) What are laser technicians and can they operate lasers under proper supervision?

Who can legally inject Botox under South Dakota law?

Does a physician need to be on site during laser and intense pulse light (IPL) devices?

What is a medical assistant? What role do they play in a medical spa?

a) Should a medical assistant be licensed to practice in South Dakota?

b) What is the legal scope of medical assistants in South Dakota?

c) Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?

d) May medical assistants perform any procedure in a medical spa so long as they are properly supervised?

e) Are medical assistants allowed to pierce the skin?

f) Are medical assistants allowed to administer Botox or inject collagen?

g) Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?

a) Can a registered nurse use a laser or intense pulse light device in a medical spa?

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?

Does a physician have to examine every new patient before the patient is treated at a med spa?

What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?

Does a medical spa need to obtain a license to operate?

Can a medical spa advertise its professional services?

a) How should a medical practice advertise its prices?

b) Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?

c) Does a physician have to use his or her name in advertisements?

Can a medical spa offer discounts through Groupon or other similar social networking websites?

What type of records are medical spas required to keep of their patients?

When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?

What is informed consent?

a) Do all medical procedures require informed consent?

b) What information must a physician disclose to satisfy informed consent?

Can a med spa text or email patients to convey confidential medical information?

If a patient posted a message or a review on a medical spa’s social media page, can and how should the medical spa respond?

What is OSHA and does it apply to medical spas?

What is HIPAA?

Does South Dakota have its own version of HIPAA? How does it differ?

What is a DEA Registration Number?

a) Are separate DEA registration numbers required for separate locations owned by the same physician?

What is the FDA and what do they do?

Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?

Can a chiropractor or dentist serve as a medical director?

Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?



 

Which procedures at medical spas constitute medical treatment?

Medical spas were developed to offer certain aesthetic skin care procedures ...

Read more>>

Who can own a medical spa?

Generally, because medical spas offer treatments that are for...

Read more>>

Can a non-physician own all or part of a medical spa?

Generally, because medical spas offer treatments that are for...

Read more>>

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?

If a non-professional business owned by non-physicians employs a...

Read more>>

If I'm not a doctor, can I share in the profits of a medical spa?

Non-physicians may share in the revenues of a medical spa through...

Read more>>

If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa?

Non-physicians (including MSOs) may make money from a medical spa through...

Read more>>

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

An unlicensed person or entity that violates the...

Read more>>

I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?

Under South Dakota law it is considered a...

Read more>>

a) What are the anti-kickback statutes?

There are federal and state anti-kickback statutes. The federal anti-kickback statute...

Read more>>

b) What are some examples of prohibited kickbacks and referral arrangements?

Examples of prohibited kickbacks are...

Read more>>

c) How do I properly incentivize my staff and patients to bring my med spa more business without engaging in kickbacks?

We advise you to contact your local...

Read more>>

Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?

South Dakota law prohibits...

Read more>>

Can a medical spa pay a person or entity to market the practice’s services?

A medical spa may employ and provide...

Read more>>

Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

An unlicensed person or entity may...

Read more>>

Can staff take commissions on non-medical retail products?

As long as the retail products are not...

Read more>>

Do I need to charge sales tax on procedures like Botox?

Health services, prescription drugs used by humans, and prescription medical devices used by humans are...

Read more>>

Are Botox parties legal?

The law does not restrict...

Read more>>

Who can legally fire a laser under South Dakota law?

South Dakota has very clearly laid out which practitioners may...

Read more>>

a) What are laser technicians and can they operate lasers under proper supervision?

South Dakota law defines the use of lasers...

Read more>>

Who can legally inject Botox under South Dakota law?

A person who injects Botox for cosmetic purposes is...

Read more>>

Does a physician need to be on site during laser and intense pulse light (IPL) devices?

As long as supervision relationships with...

Read more>>

What is a medical assistant? What role do they play in a medical spa?

A medical assistant (MA) is an individual who is...

Read more>>

a) Should a medical assistant be licensed to practice in South Dakota?

Medical assistants are by definition...

Read more>>

b) What is the legal scope of medical assistants in South Dakota?

A medical assistant may undertake certain specific activities...

Read more>>

c) Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?

While the Board of Nursing requires that all...

Read more>>

d) May medical assistants perform any procedure in a medical spa so long as they are properly supervised?

A medical assistant may only provide...

Read more>>

e) Are medical assistants allowed to pierce the skin?

Medical assistants may only

Read more>>

f) Are medical assistants allowed to administer Botox or inject collagen?

The South Dakota Medical Board has...

Read more>>

g) Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?

The South Dakota Medical Board has...

Read more>>

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?

Registered nurses only require...

Read more>>

a) Can a registered nurse use a laser or intense pulse light device in a medical spa?

The South Dakota Joint Board of Nursing and Medical and Osteopathic Examiners has opined that...

Read more>>

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?

Medical spas can hire...

Read more>>

Does a physician have to examine every new patient before the patient is treated at a med spa?

A physician is required to...

Read more>>

What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?

A physician is required to...

Read more>>

Does a medical spa need to obtain a license to operate?

A medical spa is considered to be a...

Read more>>

Can a medical spa advertise its professional services?

As long as the advertisements...

Read more>>

a) How should a medical practice advertise its prices?

Any price in advertisements should be...

Read more>>

b) Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?

Generally a medical spa can include testimonials and endorsements...

Read more>>

c) Does a physician have to use his or her name in advertisements?

A physician should use...

Read more>>

Can a medical spa offer discounts through Groupon or other similar social networking websites?

Although South Dakota has yet to explicitly address...

Read more>>

What type of records are medical spas required to keep of their patients?

Medical spas are...

Read more>>

When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?

The physician-patient relationship is...

Read more>>

What is informed consent?

Informed consent from a patient is premised on the belief that...

Read more>>

a) Do all medical procedures require informed consent?

Simple and common procedures like a typical...

Read more>>

b) What information must a physician disclose to satisfy informed consent?

A physician must disclose...

Read more>>

Can a med spa text or email patients to convey confidential medical information?

HIPAA allows covered health care providers to...

Read more>>

If a patient posted a message or a review on a medical spa’s social media page, can and how should the medical spa respond?

When communicating on social media, a medical spa should...

Read more>>

What is OSHA and does it apply to medical spas?

OSHA is a federal organization...

Read more>>

What is HIPAA?

HIPAA is federal law that aims to...

Read more>>

Does South Dakota have its own version of HIPAA? How does it differ?

South Dakota's administrative rules require that a...

Read more>>

What is a DEA Registration Number?

A DEA registration number is a number...

Read more>>

a) Are separate DEA registration numbers required for separate locations owned by the same physician?

A separate registration is required for each...

Read more>>

What is the FDA and what do they do?

The FDA is a regulatory agency that protects...

Read more>>

Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?

While food, drugs, and medical devices are...

Read more>>

Can a chiropractor or dentist serve as a medical director?

The term "medical director" implies duties...

Read more>>

Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?

Micro needling, laser or intense pulse light devices, dermabrasion (if it penetrates to deeper levels of the epidermis), and coolsculpting ...

Read more>>


The information and answers contained in these frequently asked questions provide a general guide to certain laws that apply to "medical spas” in this particular state. The information contained on this site is for general reference only. This information is not intended to provide legal advice, and it should not be relied upon as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers: You should not act upon this information without seeking knowledgeable legal counsel that takes the laws of your jurisdiction into account. All uses of the content of this site, other than personal uses, are prohibited.

Summary updated March 2017

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