South Dakota Codified Laws 36-37-23. Actions constituting misconduct
The board may take disciplinary actions for the following conduct:
(1) Fraudulently or deceptively obtaining, attempting to obtain, using, or altering a license or a provisional license;
Terms Used In South Dakota Codified Laws 36-37-23
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(2) Aiding or abetting unlicensed practice;
(3) Selling, bartering, or offering to sell or barter a license or provisional license;
(4) Committing fraud or deceit in the practice of speech-language pathology, including:
(a) Willfully making or filing a false report or record in the practice of speech-language pathology;
(b) Submitting a false statement to collect a fee; or
(c) Obtaining a fee through fraud or misrepresentation;
(5) 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;
(6) Falsely representing the use or availability of services or advice of a physician;
(7) Misrepresenting the applicant, licensee, or holder, by using the term, doctor, or any similar word, abbreviation, or symbol if the use is not accurate or if the degree was not obtained from an accredited institution;
(8) Committing any act of dishonesty, immorality, or unprofessional conduct while engaging in the practice of speech-language pathology;
(9) Engaging in illegal, incompetent, or negligent practice;
(10) Providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances, or products;
(11) Violating any provision of this chapter, or any lawful order given, or rule adopted, by the board;
(12) Being convicted or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, as defined in § 22-1-2, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(13) Being disciplined by a licensing or disciplinary authority of any state or country, or any nationally recognized professional organization, or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(14) Exploiting a patient for financial gain or sexual favors;
(15) Failing to report suspected cases of child abuse or vulnerable adult abuse;
(16) Violating federal, state, or local laws relating to the profession;
(17) Not reporting discipline by another state or territory under federal jurisdiction to the board; or
(18) Not reporting a conviction of any felony offense, or any conviction of a criminal offense arising out of the practice of speech-language pathology.
Source: SL 2012, ch 196, § 23; SL 2023, ch 141, § 17.