An Act to require that a notification of medical cannabis certification be provided to a patient's primary or referring practitioner and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 34-20G be amended with a NEW SECTION:

If a practitioner issues a written certification under this chapter, and if the practitioner is neither the patient's primary care provider nor a specialty provider caring for the patient's debilitating medical condition, the practitioner shall, upon issuing the certification, provide electronic notification of the issuance:

(1) To the patient's primary care provider; or

(2) To the referring practitioner, if that individual is caring for the patient's debilitating medical condition.

The patient's primary care provider or the referring practitioner shall include any notification received in accordance with this section in the patient's medical file.

Any practitioner who issues a written certification under this chapter, without first ensuring that the patient has a primary care provider or a referring practitioner, to whom the notification required by this section must be sent, is guilty of a Class 2 misdemeanor.