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South Dakota Summary of State Laws & Regulations

Frequently Asked Questions

Disclaimer: 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 on this site is for general reference only and accuracy cannot be guaranteed, as medical spa legalities and regulations change very frequently. 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.

Medical spas were developed to offer certain >>Read More

Generally, because medical spas offer treatments that are for>>Read More

Generally, because medical spas offer treatments that are for>>Read More

If a non-professional business owned>>Read More

Non-physicians may share in the>>Read More

Non-physicians (including MSOs) may make money from a medical spa through>>Read More

An unlicensed person or entity>>Read More

Under South Dakota law it is considered a “kickback” if >>Read More

South Dakota law>>Read More

A medical spa may employ and provide >>Read More

An unlicensed person or entity may>>Read More

As long as the retail products are not>>Read More

Health services, prescription drugs used by humans, and prescription medical devices used by humans are>>Read More

The law does not restrict>>Read More

South Dakota has very clearly laid out which practitioners may>>Read More

"A person who injects Botox for cosmetic purposes is>>Read More

As long as supervision relationships with>>Read More

A medical assistant (MA) is an individual who>>Read More

Registered nurses only require>>Read More

"Medical spas can hire>>Read More

A physician is required to>>Read More

A physician is required to>>Read More

A medical spa is considered to be>>Read More

As long as the advertisements>>Read More

Although South Dakota has yet to explicitly address>>Read More

"Medical spas are >>Read More

The physician-patient relationship is >>Read More

Informed consent from a patient>>Read More

HIPAA allows covered health care providers>>Read More

When communicating on social media, a medical spa should >>Read More

OSHA is a federal organization >>Read More

HIPAA is federal law >>Read More

South Dakota's administrative rules require that a>>Read More

A DEA registration number is >>Read More

The FDA is a regulatory agency that protects >>Read More

While food, drugs, and medical devices >>Read More

The term "medical director" implies >>Read More

""Micro needling, intense pulse light devices, dermabrasion >>Read More

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AmSpa's legal summaries are powered by ByrdAdatto, a business and healthcare law firm with an aesthetics practice that spans the United States. If you need additional legal counsel for any matters concerning your medical spa or medical aesthetic practice contact ByrdAdatto.

"I use ByrdAdatto for all of my practice and medical spa needs. They are the go-to aesthetic attorneys in the United States."

-W. Grant Stevens
CEO of Marina Plastic Surgery Associates

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AmSpa provides legal, compliance, and business resources for medical spas and medical aesthetic practices.

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