For purposes of this chapter, “unprofessional or dishonorable conduct” includes a finding that:

(1) The licensee or permit holder is guilty of fraud in the practice of counseling or of fraud or deceit in the licensee’s admission to the practice of counseling;

Terms Used In South Dakota Codified Laws 36-32-83

  • Fraud: Intentional deception resulting in injury to another.

(2) The licensee or permit holder has been convicted during the past five years of a felony, or of any crime which, if committed in this state would constitute a felony;

(3) The licensee or permit holder is engaged in the practice of counseling under a false or assumed name and has not registered that name under chapter 37-11 , or is impersonating another practitioner having a like or different name;

(4) The licensee or permit holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants, to an extent that incapacitates the licensee from the performance of professional duties;

(5) The physical or mental condition of the licensee or permit holder, as determined by a competent health care provider, poses a risk of jeopardizing or endangering those who seek services from the licensee;

(6) The licensee or permit holder obtained or attempted to obtain a license, certificate, permit, or renewal through means of bribery or fraudulent representation;

(7) The licensee or permit holder knowingly made a materially false statement in connection with any application under this chapter;

(8) The licensee or permit holder knowingly made a materially false statement on any form required by the board in accordance with this chapter or any rules promulgated under this chapter;

(9) The licensee or permit holder violated any provision of this chapter or any rule promulgated under this chapter; or

(10) The licensee or permit holder violated ethical standards adopted by the board.

Source: SL 2020, ch 165, § 37.