36-6A-59. Disciplinary sanctions for professional incompetence, unprofessional or dishonorable conduct, or violation of chapter--Physical or mental examination.

Each licensee and registrant subject to this chapter shall conduct his or her practice in accordance with the standards established by the board. Each licensee or registrant is subject to the exercise of the disciplinary sanctions enumerated in this chapter upon satisfactory proof by clear and convincing evidence in compliance with chapter 1-26 of the licensee's or registrant's professional incompetence, or unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect.

For the purposes of this section, professional incompetence is a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a licensee or registrant in at least a reasonably safe and effective way. If the services are not commonly provided by a licensee or registrant in this state, professional incompetence is a deviation from the national standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a licensee or registrant in at least a reasonable safe and effective way.

No sanctions may be authorized based solely on monetary concerns or business practices that do not violate any provision of this chapter or any rule promulgated thereunder.

The board may order a licensee or registrant to submit to a reasonable physical or mental examination if the physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination renders a licensee or registrant liable to the summary revocation procedures described in §§ 36-6A-23 and 36-6A-24.

Source: SDC 1939, § 27.0607; SL 1971, ch 213, § 37; SL 1981, ch 275, § 26; SL 1992, ch 269, § 55; SL 2015, ch 199, § 72.