Introduced by: Representatives Kirschman, Blake, Brunner, Deelstra, Dennert, Elliott,
Fargen, Feickert, Gibson, Hickey, Hunhoff (Bernie), Jensen, Kloucek, Kopp,
Lucas, Rausch, Sigdestad, Street, Verchio, and Wick and Senators Sutton,
Bradford, Frerichs, Hundstad, Nygaard, and Rhoden
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FOR AN ACT ENTITLED, An Act to guarantee an employee's right to secure a physician and
other medical services of their choosing for care under a worker's compensation claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 62-4-1 be amended to read as follows:
62-4-1. The employer shall provide necessary first aid, medical, surgical, and hospital
services, or other suitable and proper care including medical and surgical supplies, apparatus,
artificial members, and body aids during the disability or treatment of an employee within the
provisions of this title. Repair or replacement of damaged prosthetic devices is compensable and
is considered a medical service under this section if the devices were damaged or destroyed in
a work related accident. Repair or replacement of damaged hearing aids, dentures, prescription
eyeglasses, eyeglass frames, or contact lenses is considered a medical service under this section
if the hearing aids, dentures, prescription eyeglasses, eyeglass frames, or contact lenses were
damaged or destroyed in an accident which also causes another injury which is compensable
under this law. The employee shall have the
initial selection to secure the employee's own
physician, surgeon, or hospital services right to secure and use a physician, surgeon, hospital,
or other medical services of the employee's choosing at the employer's expense. If the employee
selects a health care provider located in a community not the home or workplace of the
employee, and a health care provider is available to provide the services needed by the employee
in the local community or in a closer community, no travel expenses need be paid by the
employer or the employer's insurer.