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 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;

          (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 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;

          (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 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.

          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.