36-10-38.
Grounds for refusal of license.
The Board of Examiners may, in compliance with
chapter 1-26, refuse to grant a license or certificate under this chapter for unprofessional, immoral,
or dishonorable conduct on the part of the applicant.
36-10-39.
Grounds for cancellation, revocation or suspension of license or certificate.
The
Board of Examiners may cancel, revoke, or suspend the license of any physical therapist or the
certificate of any physical therapist assistant issued under this chapter upon satisfactory proof of such
a licensee's or certificate holder's incompetence, or unprofessional or dishonorable conduct, or proof
of a violation of this chapter in any respect.
Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL, § 36-10-14; SL 1972, ch 205,
§ 16; SL 1978, ch 270, § 10; SL 1996, ch 231, § 18; SL 2005, ch 199, § 28.
36-10-40 Unprofessional or dishonorable conduct--Activities included--No basis for criminal prosecu...
36-10-40.
Unprofessional or dishonorable conduct--Activities included--No basis for criminal
prosecution.
The phrase "unprofessional or dishonorable conduct" as used in this chapter shall be
construed to include:
(1)
Employing what is known as cappers or steerers;
(2)
Willfully betraying a professional confidence;
(3)
All advertising of physical therapy business in which untruthful or improbable statements
are made or which are calculated or mislead or deceive the public;
(4)
Conviction of any criminal offense of the grade of felony, or any conviction of a criminal
offense arising out of the practice of physical therapy, or one in connection with any
criminal offense involving moral turpitude;
(5)
Habits of intemperance, or drug addiction, calculated in the opinion of the board to affect
the licensee's practice of his profession;
(6)
Sustaining any physical or mental disability which renders the further practice of a
licensee's profession dangerous;
(7)
Presenting to the board of any license, certificate or diploma which was obtained by fraud,
or deception practiced in passing a required examination or which was obtained by the
giving of false statements or information on applying for said license;
(8)
Illegally or fraudulently or wrongfully obtaining a license required by this chapter, by the
use of any means, devices, or deceptions or helps in passing any examination, or by
making false statements or misrepresentations in any applications for information
presented.
Unprofessional or dishonorable conduct, as defined in this section, shall not be the basis for
criminal prosecution unless otherwise declared unlawful.
Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL, § 36-10-14; SL 1972, ch 205,
§ 17; revised pursuant to SL 1972, ch 15, § 4.
36-10-41 Initiation of proceedings for cancellation, revocation, or suspension of license.
36-10-41.
Initiation of proceedings for cancellation, revocation, or suspension of license.
The
proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board
of Examiners has information that any person, persons, firms, or corporation may have been guilty
of any misconduct as provided in § 36-10-40 or is guilty of incompetence or unprofessional or
dishonorable conduct.
Source: SL 1972, ch 205, § 18; SL 2005, ch 199, § 29.
36-10-42
36-10-42.
Omitted.
36-10-43 Quorum at hearing on cancellation, revocation or suspension.
36-10-43.
Quorum at hearing on cancellation, revocation or suspension.
All proceedings
relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license
which has been revoked or suspended shall only be held when a majority of the members of the
Board of Examiners are present at such hearings.
Source: SL 1972, ch 205, § 21.
36-10-44 Procedure on cancellation, revocation or suspension.
36-10-44.
Procedure on cancellation, revocation or suspension.
All proceedings relative to
the cancellation, revocation, or suspension of a license shall otherwise conform to the procedure set
forth in chapter 1-26.
Source: SL 1972, ch 205, § 20; revised pursuant to SL 1972, ch 15, § 4.
36-10-45 Majority vote required to suspend, revoke or cancel license.
36-10-45.
Majority vote required to suspend, revoke or cancel license.
The decision of the
Board of Examiners to suspend, revoke, or cancel a license requires a majority vote of the board
members.
Source: SL 1972, ch 205, § 22.
36-10-46 Appeal from board decision on refusal, revocation, or suspension.
36-10-46.
Appeal from board decision on refusal, revocation, or suspension.
Any party
feeling aggrieved by any acts, rulings, or decisions of the Board of Examiners relating refusal to
grant or to cancellation, revocation or suspension of a license shall have the right to appeal pursuant
to chapter 1-26.
Source: SL 1972, ch 205, § 24; revised pursuant to SL 1972, ch 15, § 4.
36-10-47 Reinstatement of suspended or revoked license.
36-10-47.
Reinstatement of suspended or revoked license.
Upon written application
establishing compliance with existing licensing requirements and for reasons the board deems
sufficient, the board, for good cause shown, by majority vote, may, under such conditions as it may
impose, reinstate or reissue a license to any person, persons, firm, or corporation whose license has
been suspended or revoked, provided, however, that upon suspension of a license, the board in such
order may provide for automatic reinstatement thereof after a fixed period of time as provided in the
order.
Source: SL 1972, ch 205, § 23.
36-10-48 Injunction against violations--Election of remedies.
36-10-48.
Injunction against violations--Election of remedies.
Any person violating the
provisions of this chapter may be enjoined from further violations at the suit of the state's attorney
of the county wherein the violations occurred or suit may be brought by any citizen of this state. An
action for injunction shall be an alternate to criminal proceedings, and the commencement of one
proceeding by the board constitutes an election.
Source: SL 1972, ch 205, § 30; revised pursuant to SL 1972, ch 15, § 4.
36-10-49 Investigation of violations--Employment of counsel to assist in prosecution.
36-10-49.
Investigation of violations--Employment of counsel to assist in prosecution.
The
Board of Examiners and/or the physical therapy committee shall investigate every supposed violation
of this chapter, and shall report the same to the proper law enforcement officials wherein the act is
committed. The board is authorized to employ special counsel subject to the supervision, control and
direction of the attorney general, to assist in the prosecution of violations of this chapter and to
expend the necessary funds for such purpose.
Source: SL 1955, ch 96, § 14; SDC Supp 1960, § 27.09A12; SDCL, § 36-10-16; SL 1972, ch 205,
§ 29.
36-10-50 Prior certification accepted.
36-10-50.
Prior certification accepted.
Any person certified as a physical therapist assistant
on July 1, 1996, is deemed certified under this chapter and is entitled to renew certification.
Source: SL 1996, ch 231, § 8.
Title 36
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