To the extent an individual or entity wishes to rely upon information contained in this resource, such reliance should be based upon an independent legal review and analysis of applicable law. This resource was prepared for informational purposes only and is not offered or intended, nor should it be relied upon, for legal advice for any specific set of circumstances. Additional legal doctrines, federal and state statutes, and case law not set forth herein may apply to your situation and such laws, rules and regulations can vary from state to state. You should consult with your own attorney to obtain specific legal advice on your particular facts and circumstances and applicable laws, rules, and regulations.

Key Resources and Links

Agency

• Department of Labor, Division of Labor & Management, Workers' Compensation

Contact Information

• South Dakota WC Contact Form

News and Updates

• Subscribe to E-lerts

Other

• Rules and Fee Schedule

Therapy Regulations

• What is the conversion factor for outpatient therapy services?
  • Response: $6.40
  • Detail: Administrative Rule 47:03:05:05
  • Citation: https://dlr.sd.gov/employment_laws/decisions_declaratory_rulings/1d.pdf
• What is the basis of the fee schedule for outpatient therapy services?
  • Response: RVP
  • Detail: Administrative Rule 47:03:05:02
  • Citation: https://sdlegislature.gov/Rules/Administrative/47:03:05:02
• Are there limits on the number of physical therapy visits allowed?
  • Response: No
• Are there limits on payment per visit for outpatient therapy services?
  • Response: No
• Do regulations require use of treatment guidelines?
  • Response: No
  • Detail: Repealed in 2011
• Is a referral required in order to see a physical therapist?
  • Response: Yes
  • Detail: SD Codified Laws 62-4-43: The medical practitioner or surgeon selected may arrange for any consultation, referral, or extraordinary or other specialized medical services as the nature of the injury shall require
  • Citation: https://sdlegislature.gov/Statutes/62-4-43
• Can outpatient fees be negotiated above or below the fee schedule? ¹
  • Response: Yes -
  • Detail: Administrative Rule 47:03:05:05: A health care provider is not entitled to payment from an insurer or employee for fees in excess of the maximum reimbursement allowed.
  • Citation: https://sdlegislature.gov/Rules/Administrative/47:03:05:05
• Can the injured worker be charged for any claim-related services?
  • Response: Yes
  • Detail:SD Codified Laws 62-4-43: An employee may seek a second opinion without the employer's approval at the employee's expense.
  • Citation: https://sdlegislature.gov/Statutes/62-4-43
• Are there workers' compensation regulations about who can provide services under the direction and supervision of a physical therapist?
  • Response: No
• Are there provider network and/or managed care regulations in place?
  • Response: Yes
  • Detail: SDCL 58-20-24; SDCL 62-5-21; ARSD 47:03:04
  • Citation: https://sdlegislature.gov/Statutes/58-20-24, https://sdlegislature.gov/Statutes/62-5-21, https://sdlegislature.gov/Rules/Administrative/47:03:04
• Are there regulations that address which fee schedule applies if an injured worker from this state seeks treatment in another state?
  • Response: Yes
  • Detail: Subject to the fee schedule of the state in which services are provided
  • Citation: https://sdlegislature.gov/Statutes/62-7-8
• Are there regulations regarding Functional Capacity Evaluations (FCEs)?
  • Response: Yes
  • Detail: SDCL 62-7-39: An employee, employer, employer's insurer, or self-insured employer shall be permitted to use the results of post-offer base line testing or a functional capacity assessment, as utilized by Guidelines to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint, performed during the course of employment, or other medical evidence of impairment for the purpose of determining permanent partial or permanent total disability compensation due to an employee
  • Citation: https://sdlegislature.gov/Statutes/62-7-39

¹ While some states use a mandatory fee schedule, many states have provisions for fees to be negotiated above or below the published fee schedule. "Yes + / - " indicates that fees can be negotiated above or below the fee schedule. "Yes -" indicates that fees can only be negotiated below the fee schedule.

The following payer types conduct business in this state.

• Private Carriers: Yes
• Self-insured Employers or Groups: Yes
• Competitive State Fund: No
• Exclusive State Fund: No
• State Comp Fund (last resort): No

The Workers' Compensation resources have been updated as of 2026.