44:63:01:01Definitions.

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, which: (a) Has made a bona fide employment offer to a J-1 physician; (b) Has submitted an application to the department; and (c) Is incorporated under the laws of this state; (4) "Full-time," either of the following: (a) An average of forty hours of medical practice per week, consisting of a four-week minimum of 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; 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) "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 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; (6) "Secretary," the secretary of the Department of Health; (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; (8) "Urban area," any municipality having a population of 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; 53 SDR 56, effective November 5, 2026.