CHAPTER 44:63:03
PROCEDURES
Section
44:63:03:01 Acceptance of applications.
44:63:03:02 Review of applications.
44:63:03:03 Incomplete applications.
44:63:03:04 Complete applications -- Favorable review.
44:63:03:05 Complete applications -- Unfavorable review.
44:63:03:06 Annual limit on number of applications.
44:63:03:01. Acceptance of applications. Only applications consisting of the unbound original 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.
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;
(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.
44:63:03:03. Incomplete applications. One written request to the employing facility shall be made for any materials not included in the application. If the requested materials are not received within 30 days of the date of the written request, the application will be rejected and returned.
Source: 28 SDR 47, effective October 4, 2001; 37 SDR 235, effective June 27, 2011.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
44:63:03:04. Complete applications -- Favorable review. If a complete application is selected for recommendation by the department, the following shall occur:
(1) A letter signed by the secretary shall be added to the application stating that it is in the public interest that a waiver of the two-year home country residency requirement be granted;
(2) The secretary may also add necessary documentation showing the area selected for practice by the J-1 physician is a shortage area;
(3) The letter and application materials shall be delivered to the appropriate federal authorities; and
(4) A copy of the letter shall be delivered to the employing facility.
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.
44:63:03:05. Complete applications -- Unfavorable review. If a complete application is not selected for recommendation by the department, the secretary shall notify the employing facility in writing as to the reasons for the determination. The written notice and application shall be sent to the employing facility.
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.
44:63:03:06. Annual limit on number of applications. The annual number of applications that can be reviewed and recommended for approval is limited to 30, beginning on October 1 of each year.
Source: 28 SDR 47, effective October 4, 2001; 31 SDR 214, effective July 4, 2005.
General Authority: SDCL 36-2-22.
