Rule 44:63:01:01 Definitions.
Terms used in this article mean:
a complete set of materials, as determined by the department per chapter
44:63:02, submitted by an employing facility on behalf of a J-1 physician
seeking waiver of the physician's J-1 visa requirement to return to the
physician's home country for a minimum of two years upon expiration of the
the Department of Health;
facility," a facility located in or serving residents of a shortage area
as determined by the department that has made a bona fide employment offer to a
J-1 physician, that has submitted a J-1 visa waiver request in the form of an
application to the department, and that is incorporated under the laws of the
State of South Dakota;
(4) "Full time,"
an average of 40 hours of medical practice per week, meaning a four week
minimum of 128 hours seeing patients on an ambulatory or in-patient basis and
32 hours administrative work for at least 48 weeks per year;
(5) "USCIS," U.S.
Citizenship and Immigration Services, U.S. Department of Homeland Security;
physician," a physician who is in possession of a temporary exchange
visitor (J-1) visa to pursue graduate medical education in the United States
and is seeking a waiver of their J-1 visa home country residency requirement
through the practice of medicine to shortage area residents;
secretary of the Department of Health;
area," a geographic area, population group, or facility in South Dakota
that is designated by the federal government as a medically underserved area or
health professional shortage area. Such designation must be in effect at the
time an application has been received by the department;
(9) "Urban area,"
any municipality having a population of 50,000 or more persons as well as any
area within ten miles of the boundaries of such municipality.
28 SDR 47, effective October 4, 2001; 31 SDR 214, effective July 4, 2005; 37
SDR 235, effective June 27, 2011.
General Authority: SDCL 36-2-22.
Implemented: SDCL 36-2-21, 36-2-22.
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