South Dakota Codified Laws 36-19-38. Grounds for action on license
The board may refuse to renew, and may suspend or revoke, any license if the license holder:
(1) Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license;
Terms Used In South Dakota Codified Laws 36-19-38
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Alters the license;
(3) Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service;
(4) Has been convicted of:
(a) A felony; or
(b) Any crime involving dishonesty, any conduct intended to deceive or defraud the public, or any other unprofessional conduct;
(5) Is guilty of malpractice in the business of funeral service;
(6) Is guilty of willfully violating this chapter, any rule of the board, or any ordinance or federal regulation governing the disposition, shipment, or transportation of dead human bodies;
(7) Signs a certificate stating that the person embalmed or prepared a dead human body for shipment or burial, if in fact another person, other than a trainee for whom supervision was provided, embalmed or prepared the dead human body for shipment or burial;
(8) Directly or indirectly:
(a) Pays or causes to be paid, a commission for the securing of business; or
(b) Solicits business, provided that the soliciting of members or the selling of stock in any cooperative burial association is not a violation of this subdivision;
(9) Engages in any practice or conduct that constitutes a danger to the health, safety, or welfare of the public;
(10) Engages in any conduct that is unbecoming of a licensee or applicant;
(11) Has been disciplined by the board of another state or territory for any act or omission that would be a violation of this chapter or rules adopted by the board;
(12) Fails to report to the board:
(a) Any discipline imposed by the board of another state or territory;
(b) Any felony conviction; or
(c) Any conviction for an offense arising out of the practice of funeral service;
(13) Has employed, enabled, or assisted the unlicensed practice or provision of any service, other than that authorized by this chapter or rules adopted by the board;
(14) Fails to maintain adequate safety and sanitary conditions or other requirements of funeral establishments, as set forth in this chapter or rules adopted by the board pursuant to chapter 1-26; or
(15) Engages in any unfair or deceptive act or practice.
If the license as funeral director is held by a firm, corporation, association, or organization, the provisions of this section apply to the members of the board of directors, officers, and employees, as well as to the firm, corporation, association, or organization.
Source: SDC 1939, § 27.1408; SL 1939, ch 102, § 6; SL 1951, ch 132, § 3; SL 1963, ch 154, § 7; SDCL, § 36-19-39; revised pursuant to SL 1972, ch 15, § 4; SL 2005, ch 199, § 52; SL 2023, ch 137, § 19.