2021 South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 38 - Behavior Analysts
Section 36-38-12 - Grounds for denial, revocation, suspension, or cancellation of license.

36-38-12. Grounds for denial, revocation, suspension, or cancellation of license.

The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a behavior analyst and may take other disciplinary or corrective action as the board deems appropriate upon any of the following grounds:

(1)The licensee or applicant is guilty of fraud in the practice of applied behavior analysis or fraud or deceit in the licensee's admission to practice applied behavior analysis;

(2)The licensee or applicant has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years;

(3)The licensee or applicant is or has been engaged in the practice of applied behavior analysis under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;

(4)The licensee or applicant is addicted to the use of intoxicating liquors, narcotics, or stimulants to an extent as to incapacitate the licensee or applicant from the performance of the licensee's or applicant's professional duties;

(5)The physical or mental condition of the licensee or applicant is determined, by a competent medical examiner, to jeopardize or endanger a person who seeks relief of the licensee or applicant. A majority of the entire board may demand an examination of the licensee or applicant by a competent medical examiner selected by the board at the board's expense. If the licensee or applicant fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee's license or denial of the application for licensure;

(6)The licensee or applicant for licensure has been found in violation of the code of ethics adopted by the board;

(7)The licensee or applicant has obtained or attempted to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;

(8)The licensee or applicant knowingly made a false statement in connection with any application required by this chapter;

(9)The licensee or applicant knowingly made a false statement on any form promulgated pursuant to this chapter;

(10)The licensee or applicant has violated any provision of this chapter or the rules promulgated under this chapter; or

(11)The licensee's or applicant's certificate, license, or permit has been cancelled, revoked, suspended, or rejected for renewal in any other state for any cause.

(This section is repealed effective July 1, 2024 pursuant to SL 2016, ch 199, § 28.)

Source: SL 2016, ch 199, §12.