South Dakota Administrative Code

Rule 44:62:01:02 Department action on petition. 44:62:01:02. Department action on petition. Upon receipt of a petition for declaratory ruling, the Department of Health may request the petitioner to provide further information before issuing a ruling. Within 60 days following the …

Rule 44:63:01:01 Definitions. 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 phy…

Rule 44:63:02:01 Case number. 44:63:02:01. Case number. The assigned U.S. Department of State case number shall appear in the upper right hand corner of each document submitted as part of an application. Source: 28 SDR 47, effective October 4, 2001. General Authority:SDCL 36-2-22…

Rule 44:63:02:02 Order of documents submitted. 44:63:02:02. Order of documents submitted. Each application shall consist of documents submitted in the following order: (1) Data sheet DS-3035; (2) Employment contract; (3) J-1 waiver affidavit; (4) Federal forms (IAP-66//DS2019); (…

Rule 44:63:02:03 Letter from facililty. 44:63:02:03. Letter from facility. A letter signed by the employing facility administrator shall comprise part of the application. The letter shall request the department to act as an interested governmental agency in recommending waiver of…

Rule 44:63:02:04 Information required from facility. 44:63:02:04. Information required from facility. Every application shall include a series of statements, all clearly labeled under separate headings describing the following: (1) Recruitment efforts. The employing facility shal…

Rule 44:63:02:05 Data sheet DS-3035. 44:63:02:05. Data sheet DS-3035. A completed U.S. Department of State data sheet, DS-3035, shall be included in the application. Source: 28 SDR 47, effective October 4, 2001; 37 SDR 235, effective June 27, 2011. General Authority: SDCL 36-2-22…

Rule 44:63:02:06 J-1 waiver affidavit. 44:63:02:06. J-1 waiver affidavit. Each application shall include an affidavit signed by the J-1 physician. The department shall furnish each J-1 physician a copy of an unsigned affidavit upon request by the employing facility. Source: 28 SD…

Rule 44:63:02:07 Federal forms. 44:63:02:07. Federal forms. A copy of the IAP-66//DS2019 (certificate of eligibility for exchange visitor J-1 status) for each year the J-1 physician was in J-1 status. Source: 28 SDR 47, effective October 4, 2001; 31 SDR 214, effective July 4, 200…

Rule 44:63:02:08 Eligibility to be licensed to practice. 44:63:02:08. Eligibility to be licensed to practice. A copy of the J-1 physician's South Dakota medical license or proof of ability to be licensed in the state of South Dakota by the beginning of the employment contract per…

Rule 44:63:02:09 J-1 physician curriculum vitae. 44:63:02:09. J-1 physician curriculum vitae. A copy of the J-1 physician's curriculum vitae shall be included in the application. Source: 28 SDR 47, effective October 4, 2001; 37 SDR 235, effective June 27, 2011. General Authority:…

Rule 44:63:02:10 Employment contract. 44:63:02:10. Employment contract. Each application shall include a complete copy of the minimum three-year employment contract between the J-1 physician and the employing facility. The J-1 physician and the employing facility shall sign and d…

Rule 44:63:02:11 Contractual obligation to home country. 44:63:02:11. Contractual obligation to home country. Each application shall contain a statement, signed by the J-1 physician, as to whether the J-1 physician is contractually obligated to his or her home country. If so obli…

Rule 44:63:02:12 Repealed. 44:63:02:12. Permanent residence. Repealed. Source: 28 SDR 47, effective October 4, 2001; 45 SDR 45, effective October 8, 2018.

Rule 44:63:02:13 Medical licensure. 44:63:02:13. Medical licensure. Each application shall include a statement signed by the J-1 physician stating that all the J-1 physician's medical licenses are in good standing and that he or she is not subject to any criminal investigation or…

Rule 44:63:02:14 Evidence of shortage designation status. 44:63:02:14. Evidence of shortage designation status. Each application shall include evidence that the service area is designated as a health professional shortage area or a medically underserved area or both. Source: 37 S…

Rule 44:63:02:15 J-1 physician statement. 44:63:02:15. J-1 physician statement. A statement from the physician regarding the reasons for not wishing to fulfill the two-year home country residence requirement to which the physician agreed at the time of acceptance of exchange visi…

Rule 44:63:02:16 Out of status explanation, when applicable. 44:63:02:16. Out of status explanation, when applicable. An explanation shall be included in the application if the physician spent any period of time in some other visa status, out of status, or outside of the United S…

Rule 44:63:02:17 Form G28, when applicable. 44:63:02:17. Form G28, when applicable. A form G-28 shall be included in the application from an attorney or accredited representative. A letterhead from a law office may be used as a substitute for form G-28 if an attorney represents t…

Rule 44:63:02:18 I-94 entry and departure cards. 44:63:02:18. I-94 entry and departure cards. A copy of all I-94 forms for the physician and family members shall be included in the application. Source: 37 SDR 235, effective June 27, 2011. General Authority: SDCL 36-2-22. Law Impl…

Rule 44:63:02:19 Examinations required by USCIS. 44:63:02:19. Examinations required by USCIS. Proof of passage of each examination required by USCIS shall be included in the application. Source: 37 SDR 235, effective June 27, 2011. General Authority: SDCL 36-2-22. Law Implemented…

Rule 44:63:02:20 Repealed. 44:63:02:20. Letters of recommendation. Repealed. Source: 37 SDR 235, effective June 27, 2011; 45 SDR 45, effective October 8, 2018.

Rule 44:63:03:01 Acceptance 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…

Rule 44:63:03:02 Review of applications. 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 physicia…

Rule 44:63:03:03 Incomplete applications. 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 req…

Rule 44:63:03:04 Complete applications -- Favorable review. 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 ap…

Rule 44:63:03:05 Complete applications -- Unfavorable review. 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 f…

Rule 44:63:03:06 Annual limit on number of applications. 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 Oc…

Rule 44:63:04:01 Annual reports required. 44:63:04:01. Annual reports required. Commencing one year after the J-1 physician begins employment with the employing facility and every year thereafter for a period of three years, a representative of the employing facility and the J-1 …

Rule 44:63:04:02 Transfer reports required. 44:63:04:02. Transfer reports required. Before a J-1 physician may be transferred to a different practice location, the employing facility shall complete the "J-1 Visa Physician Transfer Application Form" and submit the completed form t…

Rule 44:63:04:03 Sanctions. 44:63:04:03. Sanctions. If an employing facility fails to comply with the reporting requirements laid out in this chapter, the employing facility may be barred from the program for a period of up to five years, as determined by the department. Source: …

Rule 44:63:05:01 Amount of fee. 44:63:05:01. Amount of fee. Each application shall be accompanied by a nonrefundable fee of $200 payable to the department. The department shall return all applications not accompanied by the required fee. Source: 28 SDR 47, effective October 4, 20…

Rule 44:63:06:01 Creation of special program. 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 S…

Rule 44:63:06:02 Location of J-1 practice. 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 w…

Rule 44:63:06:03 Form and content of special program waiver applications. 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. (…

Rule 44:65:01:01 Definition of terms. 44:65:01:01. Definition of terms. Terms used in this article mean: (1) "Confirmed maternal alcohol exposure," documentation either medical or legal of excessive intake characterized by substantial, regular intake or heavy episodic drinking wh…

Rule 44:65:02:01 Reporting by physicians. 44:65:02:01. Reporting by physicians. A trained professional qualified to act as a diagnosing physician who attends a person who is suffering from FAS shall report to the department the information required by § 44:65:02:04. A physician w…

Rule 44:65:02:02 Reporting by hospitals and institutions. 44:65:02:02. Reporting by hospitals and institutions. The director, principal manager, or chief executive officer of a hospital or institution who has knowledge that a person attended or served by the hospital or instituti…

Rule 44:65:02:03 Surveillance case categories. 44:65:02:03. Surveillance case categories. Any diagnosed case of FAS shall be reported using one of the following surveillance case categories: (1) FAS with confirmed maternal alcohol exposure. This category includes any case that ha…

Rule 44:65:02:04 Contents of reports. 44:65:02:04. Contents of reports. The department shall develop systems and forms for reporting FAS. Any report made pursuant to this article must include the following or as much of the following as is known by the person making the report: (…

Rule 44:65:02:05 Methods of reporting. 44:65:02:05. Methods of reporting. Any diagnosed case of FAS or suspected case of FAS must be reported by telephone, mail, courier or in person, or by facsimile, as follows: (1) By telephone, a person shall dial 1-800-592-1804 and respond to…

Rule 44:65:02:06 Timeliness. 44:65:02:06. Timeliness. Any report of diagnosed FAS or suspected FAS to the department shall be made within seven days of diagnosis or referral to a health care provider for diagnosis. Source: 29 SDR 21, effective August 27, 2002. General Authority:S…

44:66:01:01. Definitions. Repealed. Source: 32 SDR 69, effective November 7, 2005; 34 SDR 88, effective September 10, 2007; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.

44:66:02:01. Entities required to report. Repealed. Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.

44:66:02:02. Organization and structure. The South Dakota Association of Healthcare Organizations is responsible for the collection, analysis, and dissemination of data and information related to reporting required in § 44:66:02:03. Source: 32 SDR 69, effective November 7, 2005; …

44:66:02:03. Required patient data to be reported. Each hospital required to report charge information pursuant to SDCL 34-12E-11 shall provide the following information from the UB-04 form: (1) Record type; (2) Hospital number; (3) Patient control number; (4) Date of birth; (5) …

44:66:02:03.01. Required financial data to be reported. Each hospital required to report pursuant to SDCL 34-12E-11 shall annually provide financial information including revenue by type, uncompensated care, and revenue by payor on a form provided by the South Dakota Association …

44:66:02:04. Timelines for reporting. Each hospital required to report charge information pursuant to SDCL 34-12-11 shall report the patient information described in § 44:66:02:03 to the South Dakota Association of Healthcare Organizations as follows: (1) January first to June th…

44:66:03:01. Annual publication of data. Repealed. Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.

44:66:03:02. Data to be published. Repealed. Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.