South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:63 - J-1 visa waiver program
Chapter 44:63:01 - General provisions
Section 44:63:01:01 - Definitions

(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-l physician seeking waiver of the physician's J-l 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 made a bona fide employment offer to a J-l physician, that has submitted a J-l 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;

(5) "USCIS," U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security;

(6) "J-l physician," a physician who is in possession of a temporary exchange visitor (J-l) visa to pursue graduate medical education in the United States, or possessed J-l status and remains subject to the 2-year home residence requirement, and is seeking a waiver of a J-l visa home country residency requirement through the practice of medicine to shortage area residents;

(7) "Secretary," secretary of the Department of Health;

(8) "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) "Urban area location," any municipality having a population of 50,000 or more persons as well as any area within ten miles of the boundaries of the municipality.