Section 36-19-38 - Grounds for action on licenseThe 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;(3) Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service;(4) Has been convicted of: (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.
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.Amended by S.L. 2023, ch. 137,s. 19, eff. 7/1/2023.