1 44:63:01:01. Definitions. Terms used in this article mean:
(1) "Application," 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 visa;
(2) "Department," the Department of Health;
(3) "Employing facility," a facility located in or serving residents of a shortage area in South
Dakota, as determined by the department that has, which:
(a) Has made a bona fide employment offer to a J-1 physician, that has;
(b) Has submitted a J-1 visa waiver request in the form of an application to the
department,; and that is
(c) Is incorporated under the laws of the State of South Dakota this state;
(4) "Full timeFull-time," an either of the following:
(a) An average of 40 forty hours of medical practice per week, meaning consisting of a
four-week minimum of 128 one hundred twenty-eight hours seeing patients on an ambulatory or in-
patient basis and 32 thirty-two hours of administrative work in support of patient care; or
(b) For shift workers, an average of forty hours or one hundred sixty hours per four-week
period of medical practice, consisting of at least one hundred twenty-eight hours seeing patients on
an ambulatory or in-patient basis and thirty-two hours of administrative work in support of patient
care;
(5) "USCIS," U.S. Citizenship and Immigration Services, U.S. Department of Homeland
Security;
(6) "J-1 physician," a physician who is in possession of a temporary exchange visitor (J-1)
visa to pursue graduate medical education in the United States, or who possessed J-1 status and
2 remains subject to the two-year home residence requirement, and is seeking a waiver of a J-1 visa
home country residency requirement through the practice of medicine to shortage area residents;
(7)(6) "Secretary," the secretary of the Department of Health;
(8)(7) "Shortage 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. The designation must be in effect at the time an application is received by the
department;
(9)(8) "Urban location area," any municipality having a population of 50,000 fifty thousand
or more persons as well as any area within ten miles of the boundaries of the municipality; and
(9) "USCIS," the United States Citizenship and Immigration Services of the United States
Department of Homeland Security.
Source: 28 SDR 47, effective October 4, 2001; 31 SDR 214, effective July 4, 2005; 37 SDR
235, effective June 27, 2011; 45 SDR 45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
3 44:63:02:01. Case number. The assigned U.S. United States Department of State case
number shall must appear in the upper bottom right-hand corner of each document submitted as part
of an application.
Source: 28 SDR 47, effective October 4, 2001.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
4 44:63:02:02. Order of documents submitted. Each application shall must consist of the
following documents submitted in the order set forth below:
(1) Data sheet DS-3035;
(2) Employment contract;
(3) J-1 waiver affidavit;
(4) Federal forms (IAP-66//DS2019);
(5) Letter from facility;
(6) Evidence of shortage designation status;
(7) J-1 physician statement;
(8) J-1 physician curriculum vitae;
(9) Out of status explanation, when applicable;
(10) Form G28, when applicable;
(11) I-94 entry and departure cards;
(12) Contractual obligation to home country;
(13) Appendix 1 Information required from facility;
(14) Appendix 2 Examinations required by USCIS;
(15) Appendix 3 Eligibility to be licensed to practice; and
(16) Appendix 4 Medical licensure.
(1) Letter from facility as described in § 44:63:02:03;
(2) Evidence of shortage designation status as described in § 44:63:02:14;
(3) Employment contract with the J-1 physician as described in § 44:63:02:10;
(4) Federal form IAP-66 or DS2019 as provided in § 44:63:02:07;
(5) I-94 entry and departure cards;
(6) J-1 physician curriculum vitae;
(7) Visitor exchange;
5 (8) Federal form G28, when applicable;
(9) Data sheet DS-3035 and supplementary applicant information pages;
(10) Statement of reason from DS-3035;
(11) Third party barcode page from DS-3035;
(12) Waiver division barcode page from DS-3035;
(13) J-1 waiver affidavit;
(14) J-1 physician statement as described in § 44:63:02:15;
(15) Out-of-status explanation, when applicable, as described in § 44:63:02:16;
(16) Statement of contractual obligation to home country and no objection letter, if applicable,
as described in § 44:63:02:11;
(17) Appendix 1, Information required from facility as described in § 44:63:02:04;
(18) Appendix 2, Examinations required by USCIS as described in § 44:63:02:19;
(19) Appendix 3, Eligibility to be licensed to practice; and
(20) Appendix 4, Medical licensure and statement of good standing.
Source: 28 SDR 47, effective October 4, 2001; 31 SDR 214, effective July 4, 2005; 37 SDR
235, effective June 27, 2011; 45 SDR 45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
6 44:63:03:01. Acceptance of applications. Only applications consisting of the The
department may only consider for review an unbound original application from the employing
facility or an application submitted electronically from the employing facility shall be considered
for review.
Source: 28 SDR 47, effective October 4, 2001; 37 SDR 235, effective June 27, 2011; 45 SDR
45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
7 44:63:03:02. Review of applications. The order in which applications are reviewed shall
be based on the date upon which they are received. Upon receipt, each application shall be verified
for completeness and evidence that the J-1 physician will provide full-time service to a shortage
area. If, on any given date, the number of applications received exceeds the number of available
waiver slots, the reviewers may consider the following factors:
(1) Primary care/specialty care;
(2) Rural/urban location Rural/urban area;
(3) Impact on service to South Dakota's underserved populations;
(4) Number of recent waivers approved for the applying health care facility/health system;
(5) Number of recent waivers approved for the applying geographic location within the
state;
(6) Any other factor or special circumstance the department considers relevant to the review
process.
If reviewers intend to consider the factors listed above in evaluating an application, the
employing facility will be allowed to submit supplemental information.
Source: 28 SDR 47, effective October 4, 2001; 45 SDR 45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
8 44:63:05:01. Amount of fee. Each application shall must be accompanied by a
nonrefundable fee of $200 two hundred dollars payable to the department. The department shall
return all applications not accompanied by the required fee. The application fee must be paid within
ten business days of the date on which the department received the application. If the fee is not
received within ten business days, the department must return the application to the employing
facility.
Source: 28 SDR 47, effective October 4, 2001.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.