S.D. Codified Laws § 36-24-39.1

Current through the 2024 Legislative Session

Section 36-24-39.1 - Grounds for disciplinary action

The board may take disciplinary action for the following conduct:

(1) Fraudulently or deceptively obtaining or attempting to obtain a license or provisional license;

(2) Fraudulently or deceptively using a license or provisional license;

(3) Altering a license or provisional license;

(4) Aiding or abetting unlicensed practice;

(5) Selling, bartering, or offering to sell or barter a license or provisional license;

(6) Committing fraud or deceit in the practice of audiology or licensed hearing aid dispensing, including:

(a) Willfully making or filing a false report or record in the practice of audiology or licensed hearing aid dispensing;

(b) Submitting a false statement to collect a fee; or

(c) Obtaining a fee through fraud or misrepresentation;

(7) Using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand insignia, or any other representation;

(8) Falsely representing the use or availability of services or advice of a physician;

(9) Misrepresenting the applicant or licensee by use of the term, doctor, or any similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained from a regionally accredited institution;

(10) Committing any act of dishonesty or unprofessional conduct while engaging in the practice of audiology or licensed hearing aid dispensing;

(11) Engaging in illegal, incompetent, or negligent practice;

(12) Providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from the services, devices, appliances, or products as supported by relevant published literature;

(13) Violating any provision of this chapter, or any lawful order given, or rule adopted, by the board;

(14) Being convicted or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, as defined by subdivision 22-1-2(25), whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(15) Being disciplined or convicted by a disciplinary authority or court of any state or country, or nationally recognized professional organization, for an act that would be grounds for disciplinary action under this section;

(16) Failing to report any conviction or discipline referenced in subdivision (15);

(17) Failing to report suspected cases of child abuse or vulnerable adult abuse; or

(18) Violating federal, state, or local laws relating to the licensee's profession.

SDCL 36-24-39.1

SL 1997, ch 221, § 49; SL 2024, ch 159, §23.

Amended by S.L. 2024, ch. 159,s. 23, eff. 7/1/2024.