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Can I offer a referral program for my customers in South Dakota? What are the requirements?
Referral Program Requirements in South Dakota
South Dakota does not have specific laws or regulations regarding referral programs. However, businesses offering referral programs must comply with general business laws and regulations in the state.
Business Licensing Requirements
Businesses operating in South Dakota are required to obtain a license from the South Dakota Secretary of State. The application requirements for a business license are outlined in [SDAR 20:68:01:07][5.1].
Medical Assistance Providers
If the referral program involves medical assistance providers, they must be participating South Dakota medical assistance providers and must serve any individual eligible under chapter 28-6. They may not refuse treatment to any such individual while participating in the program. This requirement is outlined in [SDCL 34-12G-9][1.1] and [SDCL 34-12G-17][1.2].
Controlled Substance Registration
If the referral program involves wholesale or other drug distributors that deal in controlled substances, they must register with the South Dakota Department of Health and with the DEA and comply with all applicable state, local, and DEA regulations. This requirement is outlined in [SDAR 20:67:02:05][2.1].
Conclusion
To offer a referral program in South Dakota, businesses must comply with general business licensing requirements and any specific requirements related to the industry or services involved in the program.
Source(s):
- [1.1] Program participant to be medical assistance provider.
- [1.2] Participating rural health care facility to be medical assistance provider.
- [2.1] Controlled substance registration required.
- [5.1] Application requirements.
Jurisdiction
South Dakota