Currently in South Dakota you cannot force a claimant to attend an IME unless the doctor conducting the IME is licensed in South Dakota.  If the claimant volunteers to go to a non-SD licensed doctor, the IME is valid and can be used.

There is going to be some legislation proposed where the defense bar would be allowed to use non-SD licensed doctors in exchange for increasing the notice period from 3 days to 7 days.  This seems like a good compromise as there are very few doctors licensed in SD who will do IMEs, and there are lots of exceptions to the notice provision.  We will wait and see if this compromise gets passed.  If it does, the new law would take effect on July 1, 2013. 

If you have questions, please contact Charlie Larson at 605-336-2424 or