South DakotaHB 1071100th South Dakota Legislature (2025)House

modify practice criteria for physician assistants.

Sponsored By: Grove, Tamara R. (Republican), Mulder, Brian (Republican)

Signed by Governor

Administrative ProcedureFeesHealth CareLicensureProfessions and OccupationsPromulgation of Rules

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 1 costs, 1 mixed.

Experienced physician assistants can practice independently

South Dakota physician assistants can practice without a physician agreement after obtaining national certification and filing an affidavit showing at least 6,000 practice hours. Otherwise, they need an agreement with a licensed physician who has no disciplinary restrictions. Agreements must spell out collaboration terms, stay at the main practice site, and be available to the board on request. The board can also request proof of certification and practice hours. License applicants must complete an accredited program, pass the national exam, and meet good-character and disciplinary-history requirements. They must also file the 6,000-hour affidavit or enter a physician agreement. People who meet licensing qualifications can use the title “physician assistant” without holding a license, but title use alone does not allow practice.

Physician assistant graduates get temporary licenses

Accredited physician assistant program graduates can receive a one-time temporary license after acceptance for the exam or while awaiting first-exam results. It normally lasts up to 120 days and ends sooner upon regular licensing or exam failure. The time limit does not apply after an applicant passes the exam, has a physician agreement, and has a pending license application. A disaster or governor-declared emergency that delays or cancels the exam removes the time limit and exam-acceptance proof requirement.

Physician assistants can receive direct payment

Physician assistants can bill for and receive direct payment for medically necessary services they provide. The law does not set payment amounts or identify who must pay. This authority alone does not establish a change in patients' insurance coverage or out-of-pocket costs.

Physician assistants gain broader care authority

Physician assistants can provide medical and surgical services supported by their education, training, experience, and competence. These include diagnosis, tests and imaging, treatment, office procedures, surgical assistance, and prescribing, dispensing, or administering drugs and devices. Drug authority remains subject to exclusions in state law. Assistants can also order emergency treatment and restraints to prevent harm, complete birth and death certificates, and supervise support staff. They can document informed consent and authenticate documents wherever a physician can do so. When providing drugs or devices, they must give written instructions and document care; they can also request and sign for drug samples. They must collaborate and refer or transfer patients when needed, but collaborators need not be physically present. Facility or practice policies set the degree of collaboration. The law does not authorize assistants to perform abortions and preserves clinical training by students in accredited programs.

Physician assistants gain emergency care protections

During natural disasters or governor-declared emergencies, eligible physician assistants can provide care they are able to give in response. Eligible assistants include those licensed in South Dakota, licensed or authorized elsewhere, or federally credentialed. Assistants licensed in South Dakota or another state or territory, and their collaborating physicians, receive limited protection from civil damages. The protection covers injuries from the assistant's emergency-care acts or omissions. It excludes willful or wanton negligence and care at hospitals, physician offices, or other facilities where those services are normally provided.

Physician assistants face renewal and accountability rules

Physician assistants must apply for renewal each year on a board-set date and pay the required renewal fee. They must show at least 30 hours of board-approved study during the previous 12 months or current national certification. The law does not specify the fee amount here. Assistants are professionally and legally responsible for the care they provide. The board can discipline assistants for incompetence, unprofessional conduct, legal violations, agreement failures, or practice beyond their authority. Unlicensed practice is a Class 1 misdemeanor, with each violation treated as a separate offense, subject to statutory exceptions.

Out-of-state physician assistants gain licensing options

The board can license physician assistants already licensed in another state or territory whose licensing requirements meet South Dakota's requirements. Applicants must not be disqualified under South Dakota law. They must apply and pay a board-set fee; no dollar amount is specified here. While an application is pending, the board can issue a temporary license for up to 120 days. That time limit does not apply during a natural disaster or governor-declared emergency.

Sponsors & Cosponsors

Cosponsors

Auch, Julie
Republican • House
Bahmuller, Jessica
Republican • House
Bathke, Jeff
Republican • House
Baxter, Heather
Republican • House
Beal, Arch
Republican • Senate
Crabtree, Casey
Republican • Senate
Emery, Eric
Democratic • House
Fitzgerald, Mary J.
Republican • House
Goodwin, Tim
Republican • House
Greenfield, Lana J.
Republican • House
Halverson, Jim
Republican • House
Healy, Erin
Democratic • House
Hulse, Amber
Republican • Senate
Hunt, Jana
Republican • House
Jensen, Phil
Republican • House
Jordan, Dylan C.
Republican • House
Kassin, Chris
Republican • House
Kull, David
Republican • House
Ladner, Trish
Republican • House
Larson, Liz
Democratic • Senate
Manhart, Logan
Republican • House
Moore, Scott
Republican • House
Muckey, Erik
Democratic • House
Novstrup, Al
Republican • House
Perry, Carl
Republican • Senate
Peterson, Drew
Republican • House
Randolph, Tony
Republican • House
Rice, Kathy
Republican • House
Sauder, Stephanie
Republican • Senate
Schoenfish, Kyle
Republican • Senate
Shorma, William
Republican • House
Voight, Curt
Republican • Senate
Wittman, Kadyn
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 171 • No: 20

House vote • 3/4/2025

Concurred in amendments

Yes: 69 • No: 1

Senate vote • 2/27/2025

Do Pass Amended

Yes: 32 • No: 3

Senate vote • 2/24/2025

Do Pass Amended

Yes: 7 • No: 0

House vote • 2/5/2025

Do Pass

Yes: 54 • No: 13

House vote • 2/4/2025