20:48:16:04.  Grounds for denial of application or removal from registry. The board, in compliance with SDCL chapters 1-26 and 36-1C, may deny an applicant or remove a registrant upon proof that the applicant or registrant has:

    (1)  Committed fraud, deceit, or misrepresentation in procuring or attempting to procure registration;

    (2)  Been convicted of a felony. The conviction of a felony means the conviction of any offense that, if committed within this state, would constitute a felony under its laws;

    (3)  Committed an alcohol or drug related act or offense that interferes with the ability to practice as a registrant safely;

    (4)  Negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of a person entrusted to the registrant’s care;

    (5)  Had any license or registration denied, revoked, or suspended or had other disciplinary action taken;

    (6)  Violated any provision of chapter 36-9 or this article;

    (7)  Practiced during a time the registrant’s registration is lapsed;

    (8)  Engaged in unsafe practice, substandard care, or unprofessional or dishonorable conduct;

    (9)  Violated confidentiality, patient privacy, consent, or disclosure of patient information; or

    (10)  Engaged in sexual harassment, sexual contact, or exercised influence within the registrant-patient relationship for the purpose of engaging a patient in sexual activity.

    A revoked registration may be reissued at the discretion of the board upon a finding of good cause.

    Source: 44 SDR 81, effective November 6, 2017; 49 SDR 1, effective July 6, 2022.

    General Authority: SDCL 36-9-21(5).

    Law Implemented: SDCL 36-9-21(5).