The license of an occupational therapist or occupational therapy assistant may be revoked, suspended, or canceled upon any one of these grounds:

(1) The licensee is guilty of fraud in the practice of occupational therapy or fraud or deceit in his admission to the practice of occupational therapy; or

Terms Used In South Dakota Codified Laws 36-31-14

  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.

(2) The licensee has been convicted of a felony during the past five years. The conviction of a felony is the conviction of any offense, which if committed within the State of South Dakota would constitute a felony under its laws; or

(3) The licensee is engaged in the practice of occupational therapy 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; or

(4) The licensee is determined by a medical examiner to be addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to the extent that it incapacitates him from the performance of his professional duties; or

(5) The physical or mental condition of the licensee is determined by a medical examiner to be such as to jeopardize or endanger those who seek treatment from the licensee. A majority of the board may demand an examination of the licensee by a competent medical examiner selected by the board at the board’s expense. If the licensee fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee’s license; or

(6) Obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation; or

(7) Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board; or

(8) Making a false statement in connection with any application under this chapter; or

(9) Making a false statement on any form promulgated by the board in accordance with this chapter or the rules adopted by the board; or

(10) The licensee has violated any provisions of this chapter or the rules promulgated hereunder.

Source: SL 1986, ch 323, § 14.