Ownership: SDCL 36-4-8.1 states South Dakota's public policy that a corporation may not practice medicine or osteopathy, except as allowed for professional corporations under chapter 47-11.
Certificate of need: NCSL lists South Dakota as having no Certificate of Need program, so physician offices, ASCs and imaging centers need no CON approval.
Nurse practitioners: AANP classifies South Dakota as full practice, after a transition period of 1,040 hours under a written collaborative agreement with a physician, certified NP or certified nurse midwife.
Who can own a medical clinic in South Dakota
SDCL 36-4-8.1 states South Dakota's public policy that a corporation may not practice medicine or osteopathy, except as allowed for professional corporations under chapter 47-11. A corporation may still employ a licensed physician if the arrangement does not control the physician's independent medical judgment, the corporation does not profit from the medical services beyond reasonable facility, equipment or administrative charges, and the contract runs no more than three years (renewable yearly).
Sources: sdlegislature.gov
Business entity and registration
Physicians usually form a medical corporation or medical LLC in which all officers, directors, shareholders, members and managers are licensed under SDCL 36-4. The entity first gets a certificate from the South Dakota Secretary of State, then registers with the Board of Medical and Osteopathic Examiners by submitting the certificate and its articles and bylaws.
Sources: sdbmoe.gov, sdlegislature.gov
Certificate of need in South Dakota
NCSL lists South Dakota as having no Certificate of Need program, so physician offices, ASCs and imaging centers need no CON approval.
Sources: ncsl.org
Licenses, registrations and state agencies
The South Dakota Department of Health licenses hospitals (including critical access and rural emergency hospitals), ambulatory surgical centers, birthing centers, end-stage renal dialysis, home health, hospice, nursing and assisted living facilities, and outpatient physical and speech therapy services; state law also defines freestanding emergency care facilities and chemical dependency treatment facilities as health care facilities. An ASC is any facility outside a hospital where surgery needing general anesthesia is done, excluding dental offices. We found no license for ordinary physician offices or urgent care clinics.
Sources: doh.sd.gov, sdlegislature.gov
South Dakota-specific requirements to know
Medical corporations and LLCs must register with the Board of Medical and Osteopathic Examiners as well as the Secretary of State. Physician employment contracts with lay corporations are capped at three years and then renew annually under SDCL 36-4-8.1. Prescribers must enroll in the South Dakota PDMP (SDCL 34-20E-2.1); PDMP TTAC lists no mandatory query requirement.
Sources: sdbmoe.gov, sdlegislature.gov, pdmpassist.org
Agencies you will deal with
- Medical board: South Dakota Board of Medical and Osteopathic Examiners
- Board of nursing: Board of nursing
- Board of pharmacy: Board of pharmacy
- Business registration: South Dakota Secretary of State
- Facility licensing: South Dakota Department of Health, Health Facility Licensure
- Medicaid enrollment: South Dakota Medicaid (Department of Social Services)
Nurse practitioners and physician assistants
Nurse practitioners: AANP classifies South Dakota as full practice, after a transition period of 1,040 hours under a written collaborative agreement with a physician, certified NP or certified nurse midwife.
Sources: storage.aanp.org
Physician assistants: South Dakota PAs need a written collaborative agreement with a South Dakota physician, kept at the primary practice site and given to the board on request, until they hold NCCPA certification and file a sworn statement of at least 6,000 practice hours, after which no agreement is required (SDCL 36-4A-1.1 and 36-4A-1.2).
Sources: sdlegislature.gov, sdlegislature.gov
Med spas, injectables and IV therapy in South Dakota
Med spa ownership is subject to the state's corporate practice policy in SDCL 36-4-8.1, so a lay-owned spa employing physicians must meet that statute's conditions. The Board of Medical and Osteopathic Examiners has issued declaratory rulings on lasers and on microblading; we could not read their text.
Sources: sdlegislature.gov, sdbmoe.gov
Planning an aesthetic or IV business? See how to start a med spa and how to start an IV therapy business.
Step-by-step checklist in South Dakota
- Choose your structure and check ownership rules. Decide who will own the practice and confirm it fits South Dakota’s corporate practice of medicine rules. SDCL 36-4-8.1 states South Dakota's public policy that a corporation may not practice medicine or osteopathy, except as allowed for professional corporations under chapter 47-11.
- Form the entity with the South Dakota Secretary of State. Physicians usually form a medical corporation or medical LLC in which all officers, directors, shareholders, members and managers are licensed under SDCL 36-4.
- Get federal numbers. Apply for an EIN from the IRS, then a Type 2 NPI for the practice and Type 1 NPIs for each clinician through NPPES.
- Confirm licenses with the South Dakota Board of Medical and Osteopathic Examiners. Every physician needs a South Dakota license. Check the board’s rules for any practice registrations, supervision agreements or office requirements before opening.
- Check certificate of need and facility licensing. NCSL lists South Dakota as having no Certificate of Need program, so physician offices, ASCs and imaging centers need no CON approval.
- Register to prescribe. Register with the DEA for controlled substances and complete any South Dakota controlled substance registration and prescription monitoring program enrollment. Medical corporations and LLCs must register with the Board of Medical and Osteopathic Examiners as well as the Secretary of State.
- Set up lab, safety and privacy basics. Get a CLIA certificate if you will run any lab tests, including waived tests, and put HIPAA privacy and security and OSHA policies in place.
- Enroll with Medicare, Medicaid and insurers. Enroll in Medicare through PECOS, enroll with South Dakota Medicaid (Department of Social Services) and start commercial credentialing early, because payer enrollment often takes months.
- Plan staffing around NP and PA rules. AANP classifies South Dakota as full practice, after a transition period of 1,040 hours under a written collaborative agreement with a physician, certified NP or certified nurse midwife.
- Launch your marketing before opening day. Claim your Google Business Profile, publish a website with online booking and start ads and content four to eight weeks before you open, so the schedule is not empty on day one.
The national steps are explained in more detail in our guide to how to start a medical clinic, and costs are broken down in how much it costs to start a clinic.
Marketing a new clinic in South Dakota
New clinics usually fail on cash flow before they fail on care. The fastest fix is patients booked before opening day: a complete Google Business Profile, a website with online booking, local search ads and a few weeks of social content showing the team and the space. We run that launch for new clinics and keep it going once the doors open.
Plan your South Dakota launch with us →
Sources
- https://sdlegislature.gov/api/Statutes/36-4-8.1.html
- https://www.sdbmoe.gov/professions-medical-corporation-or-llc/
- https://www.ncsl.org/health/certificate-of-need-state-laws
- https://storage.aanp.org/www/documents/no-index/state-fact-sheets/South-Dakota.pdf
- https://sdlegislature.gov/api/Statutes/36-4A-1.1.html
- https://sdlegislature.gov/api/Statutes/36-4A-1.2.html
- https://doh.sd.gov/healthcare-professionals/health-facility-licensure/
- https://sdlegislature.gov/api/Statutes/34-12-1.1.html
- https://www.sdbmoe.gov/rulings-declaratory-rulings/
- https://www.pdmpassist.org/pdf/state_summaries/South_Dakota_Summary_Profile.pdf