South Dakota Administrative Code

Rule 44:58:09:03 Inspection requirements. 44:58:09:03. Inspection requirements. A representative of the secretary, upon stating the purpose of the inspection and presenting credentials and written notice of inspection, may enter the premises and conduct inspections. Violation of …

Rule 44:58:09:04 Required contents of notice of inspection. 44:58:09:04. Required contents of notice of inspection. The notice of inspection shall contain: (1) The name and title of the owner, operator, or agent in charge of the controlled premises; (2) The name of the controlled…

Rule 44:58:10:01 Security requirements of registrants. 44:58:10:01. Security requirements of registrants. Controlled substances shall be stored in a securely locked, substantially constructed cabinet. However, substances listed in Schedules II through IV may be dispersed through …

Rule 44:58:13:01 Exempted Schedule III substances. 44:58:13:01. Exempted Schedule III substances. The following combinations of medicinal ingredients and Schedule III substances are exempt from control under the act or this article: (1) Analgesic agents which are not controlled s…

Rule 44:59:01:01 Repealed. 44:59:01:01. List of laboratory tests. Repealed. Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 18 SDR 89, effective November 24, 1991; 19 SDR 172, effective July 1, 1993; 21 SDR 97, effective November 27, 1994; 21 SDR…

Rule 44:59:01:02 Repealed. 44:59:01:02. Fee review by secretary of health required.Repealed. Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; repealed, 18 SDR 90, effective November 24, 1991.

Rule 44:59:01:03 Repealed. 44:59:01:03. Notice of fee changes.Repealed. Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; repealed, 18 SDR 90, effective November 24, 1991.

Rule 44:59:01:04 Method for determining test fees. 44:59:01:04. Method for determining test fees. The department shall calculate the fees for tests conducted in the state health laboratory based on the cost of performing the tests. Cost is determined by applying the formula (Oe +…

Rule 44:59:01:05 Expert witness fee. 44:59:01:05. Expert witness fee. The Department of Health shall assess a uniform expert witness fee of $350 for each court appearance by laboratory personnel or for failing to give 24 hours prior notice of any court cancellation. Source: 21 SD…

Rule 44:59:01:06 On-site laboratory certification fee. 44:59:01:06. On-site laboratory certification fee. For laboratory certifications that require on-site inspection, the department shall assess the laboratory inspected a fee based on the actual cost of travel time, per diem ex…

Rule 44:59:01:07 Off-site laboratory certification fee. 44:59:01:07. Off-site laboratory certification fee. The Department of Health shall charge a fee for laboratory certifications that do not require on-site inspection based on the time spent reviewing pertinent documents and a…

Rule 44:59:01:08 Training fee. 44:59:01:08. Training fee. The Department of Health shall charge a fee for training conducted by health laboratory personnel. Training fees are based on the cost of time spent by laboratory personnel to conduct the training, the cost of supplies, an…

Rule 44:62:01:01 Form of petition for declaratory ruling. 44:62:01:01. Form of petition for declaratory ruling. A person may request a ruling as to the applicability of a statute or rule issued by the Department of Health by filing a written petition in substantially the followin…

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…