CHAPTER 44:63:06
SPECIAL PROGRAM
Section
44:63:06:01 Creation of special program.
44:63:06:02 Location of J-1 practice.
44:63:06:03 Form and content of special program waiver applications.
44:63:06:01. Creation of special program. Based upon federal authorization, up to ten J-1 physicians may annually receive waiver of their J-1 visa obligation. Such applications shall meet the requirements of this chapter.
Source: 31 SDR 214, effective July 4, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
44:63:06:02. Location of J-1 practice. Prior to January 2 of each federal fiscal year, the department may not approve more than five applications submitted on behalf of a J-1 physician who proposes to practice under the special program within any urban area, and the department may not approve more than five applications submitted on behalf of a J-1 physician who proposes to practice under the special program within any non-urban area. The department may approve any application on or after that date.
Source: 31 SDR 214, effective July 4, 2005; 35 SDR 183, effective February 2, 2009; 45 SDR 45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
44:63:06:03. Form and content of special program waiver applications. Any application submitted pursuant to this chapter shall comply with all provisions of this article, with the following modifications.
(1) In addition to the requirements outlined in § 44:63:02:03, the letter from facility shall state that the application is submitted under the "Special Program Requirements" of the South Dakota J-1 Visa Waiver Program. The letter from facility may also state that in the event the application cannot be considered for the Special Program, such application be otherwise considered;
(2) The employment contract required pursuant to § 44:63:02:10 shall include all shortage areas served by the J-1 physician; and
(3) The provisions of subdivisions 44:63:02:10(5) and (6) do not apply to the employment contract.
Source: 31 SDR 214, effective July 4, 2005; 37 SDR 235, effective June 27, 2011.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
