CHAPTER 44:71:01
GENERAL PROVISIONS
Section
44:71:01:01 Definitions.
44:71:01:02 Eligible health professional defined.
44:71:01:01. Definitions. Terms used in this article mean:
(1) "Application," a set of forms and related materials, as provided by § 44:71:02:01;
(2) "Certified medical laboratory professional," a medical technologist, medical laboratory technologist, clinical laboratory scientist, or medical laboratory scientist who is either certified by the American Society of Clinical Pathologists, the American Medical Technologists, or the American Association of Bioanalysts;
(3) "Complete application," an application that has been accepted for review and determined to be complete by the department;
(4) "Department," the Department of Health;
(5) "Eligible community," a community with a population of ten thousand or less according to the most recent United States Census data;
(6) "Employing facility," any South Dakota ambulance service licensed pursuant to SDCL chapter 34-11, hospital, nursing facility, or chemical dependency treatment facility licensed pursuant to SDCL chapter 34-12; or any federally qualified health center, home health agency, intermediate care facility for individuals with intellectual disabilities, community support providers, community mental health center, or end stage renal dialysis facility certified under Title XVIII or XIX of the Social Security Act as amended through December 31, 2011;
(7) "Full-time," not less than 36 hours of professional services weekly for a minimum 48 weeks per year;
(8) "Healthcare social worker," a social worker licensed pursuant to chapter 36-26 who is working in an eligible healthcare employing facility licensed pursuant to chapter 34-12;
(9) "New employee," an eligible health professional who has been working as a health professional at the employing facility for no longer than nine months prior to the department's receipt of an application;
(10) "New graduate," any South Dakota licensed or certified eligible health professional who has graduated from an accredited health professional training program within twelve months of the date an application has been received by the department; and
(11) "Selected application," a complete application that has been selected by the department to enter into a rural healthcare facility recruitment assistance agreement involving the employing facility, eligible health professional, and department.
Source: 39 SDR 9, effective July 30, 2012; 40 SDR 122, effective January 8, 2014; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 34-12G-15.
Law Implemented: SDCL 34-12G-15.
44:71:01:02. Eligible health professional defined. For the purposes of this article, the term, eligible health professional, means an individual who:
(1) Is licensed in this state as a dietitian, nutritionist, licensed practical nurse, registered nurse, occupational therapist, emergency medical technician-paramedic, pharmacist, physical therapist, respiratory care practitioner, speech-language pathologist, dental hygienist, or healthcare social worker, or is a certified medical laboratory professional or certified radiologic technologist;
(2) Agrees to provide full-time services within the professional field in an employing eligible rural health care facility for a minimum period of three years; and
(3) Has no encumbrance or pending disciplinary action upon the license or certificate at the time of entering into a rural healthcare facility recruitment assistance agreement.
Source: 39 SDR 9, effective July 30, 2012; 42 SDR 97, effective January 4, 2016; 49 SDR 130, effective July 4, 2023.
General Authority: SDCL 34-12G-12.
Law Implemented: SDCL 34-12G-12.
CHAPTER 44:71:02
APPLICATIONS
Section
44:71:02:01 Application form and content.
44:71:02:02 Acceptance of applications.
44:71:02:01. Application form and content. An application form provided by the department shall include the following:
(1) Name and address of the employing facility;
(2) Name and dated signature of a contact person;
(3) Name and address of eligible health professional, plus any degree held;
(4) Health professional's occupation and license or certification number;
(5) Health professional's start date at the employing facility; and
(6) Date when the vacancy filled by the health professional was created.
Source: 39 SDR 9, effective July 30, 2012.
General Authority: SDCL 34-12G-15.
Law Implemented: SDCL 34-12G-15.
44:71:02:02. Acceptance of applications. The department shall accept an application for review if:
(1) The application is submitted by an employing facility and is in a form as provided by § 44:71:02:01;
(2) The application proposes to fill a budgeted health professional vacancy with a new employee; and
(3) The application is submitted within timeframes as provided in § 44:71:03:02.
Source: 39 SDR 9, effective July 30, 2012.
General Authority: SDCL 34-12G-15.
Law Implemented: SDCL 34-12G-15.
CHAPTER 44:71:03
PROCEDURES
Section
44:71:03:01 Submission of applications.
44:71:03:02 Timeframes for acceptance of applications.
44:71:03:03 Application receipt and selection process.
44:71:03:01. Submission of applications. A signed application may be submitted by mail, electronic means, or in person. The department shall date each application upon receipt.
Source:
39 SDR 9, effective
General Authority: SDCL 34-12G-15.
Law Implemented: SDCL 34-12G-15.
44:71:03:02. Timeframes for acceptance of applications. The timeframes for acceptance of applications are as follows:
(1) For the 2012 program year the department may accept applications from July 1, 2012, to December 31, 2012, inclusive, or from July 1, 2012, until the annual quota as provided by SDCL 34-12G-12 has been met, whichever comes first; and
(2) For all subsequent program years the department may accept applications for review from May 1 to the last business day in December, inclusive, or from May 1 until the annual quota as provided by SDCL 34-12G-12 has been met, whichever comes first
Source: 39 SDR 9, effective July 30, 2012.
General Authority: SDCL 34-12G-15.
Law Implemented: SDCL 34-12G-15.
44:71:03:03. Application receipt and selection process. The application receipt and selection process is as follows:
(1) Complete applications shall be selected on a first come, first served basis beginning July 1 to the last business day in December, inclusive, or until the annual quota as provided by SDCL 34-12G-12 has been met, whichever comes first;
(2) Up to three applications may be selected per employing facility;
(3) If more than three applications from an employing facility are received, preference shall be given to an application proposing to hire a new graduate;
(4) In case of a tie regarding subdivision (3) of this section, a random selection shall be held to select the three applications;
(5) If the number of completed applications received is more than the annual quota as provided by SDCL 34-12G-12, preference shall be given to an application proposing to hire a new graduate; and
(6) In case of a tie regarding subdivision (5) of this section, a random selection shall be held to select the applications.
Source: 39 SDR 9, effective July 30, 2012.
General Authority: SDCL 34-12G-15.
Law Implemented: SDCL 34-12G-15.
CHAPTER 44:71:04
RURAL HEALTHCARE FACILITY RECRUITMENT ASSISTANCE AGREEMENTS
Section
44:71:04:01 Form and content of agreements.
44:71:04:01. Form and content of agreements. The following shall be included in each rural healthcare facility recruitment assistance agreement:
(1) A statement that the employing facility is eligible to enter into a rural healthcare facility recruitment assistance agreement;
(2) A statement that the employing facility agrees to reimburse the health professional for its share of recruitment assistance payments;
(3) A statement that the eligible health professional agrees to provide full-time professional services within the scope of the professional's license or certification at the employing facility for not less than a continuous three-year period; and
(4) Provisions for default and termination.
Source: 39 SDR 9, effective July 30, 2012.
General Authority: SDCL 34-12G-15.
Law Implemented: SDCL 34-12G-15.
