The board may suspend or revoke the license of a psychologist or require remediation or impose other sanctions on a psychologist, may deny licensure to any applicant, or require remediation prior to the issuance of a license, upon the following grounds:

(1) The licensee is guilty of fraud or deceit in the licensee’s admission to practice or in the practice of psychology, or an applicant for licensure is guilty of fraud or deceit in the applicant’s attempted admission to practice psychology;

Terms Used In South Dakota Codified Laws 36-27A-28

  • Fraud: Intentional deception resulting in injury to another.

(2) The licensee or applicant for licensure has been convicted of a felony or a serious crime during the past five years. The term, felony, means an offense which, if committed in South Dakota, would be a felony under South Dakota law. The term, serious crime, means a felony or a lesser crime involving moral turpitude as defined in subdivision 22-1-2(25);

(3) The licensee or applicant for licensure is or has been engaged in the practice of psychology 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 for licensure is using intoxicating liquors, narcotics or stimulants to such an extent as to impede the licensee or applicant from the performance of the licensee’s or applicant’s professional duties as a psychologist;

(5) The physical or mental condition of the licensee or applicant for licensure is determined to be such as to jeopardize or endanger those who seek the professional services of the licensee or applicant. By a majority vote of the entire board, the board may demand a physical or mental examination of a licensee or applicant for licensure. The failure to submit to the examination is immediate grounds for the suspension of the licensee’s license or grounds for denial of a license to an applicant 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 has obtained or attempted to obtain a license, certificate or renewal thereof by bribery or fraudulent representation;

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

(9) The licensee lacks required training or fails to meet the continuing education requirements set by the board;

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

(11) The licensee has violated any provision of this chapter or the rules promulgated by the board.

Source: SL 1976, ch 235, § 36; SDCL Supp, § 36-27-38; SL 1981, ch 281, § 29; SL 2008, ch 197, § 8.