36-19-38. Grounds for action on license.

The board may refuse to renew, and may suspend or revoke, any license if the license holder:

(1)    Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license;

(2)    Alters the license;

(3)    Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service;

(4)    Has been convicted of:

    (a)    A felony; or

    (b)    Any crime involving dishonesty, any conduct intended to deceive or defraud the public, or any other unprofessional conduct;

(5)    Is guilty of malpractice in the business of funeral service;

(6)    Is guilty of willfully violating this chapter, any rule of the board, or any ordinance or federal regulation governing the disposition, shipment, or transportation of dead human bodies;

(7)    Signs a certificate stating that the person embalmed or prepared a dead human body for shipment or burial, if in fact another person, other than a trainee for whom supervision was provided, embalmed or prepared the dead human body for shipment or burial;

(8)    Directly or indirectly:

    (a)    Pays or causes to be paid, a commission for the securing of business; or

    (b)    Solicits business, provided that the soliciting of members or the selling of stock in any cooperative burial association is not a violation of this subdivision;

(9)    Engages in any practice or conduct that constitutes a danger to the health, safety, or welfare of the public;

(10)    Engages in any conduct that is unbecoming of a licensee or applicant;

    (11)    Has been disciplined by the board of another state or territory for any act or omission that would be a violation of this chapter or rules adopted by the board;

    (12)    Fails to report to the board:

        (a)     Any discipline imposed by the board of another state or territory;

        (b)    Any felony conviction; or

        (c)    Any conviction for an offense arising out of the practice of funeral service;

    (13)    Has employed, enabled, or assisted the unlicensed practice or provision of any service, other than that authorized by this chapter or rules adopted by the board;

    (14)    Fails to maintain adequate safety and sanitary conditions or other requirements of funeral establishments, as set forth in this chapter or rules adopted by the board pursuant to chapter 1-26; or

    (15)    Engages in any unfair or deceptive act or practice.

If the license as funeral director is held by a firm, corporation, association, or organization, the provisions of this section apply to the members of the board of directors, officers, and employees, as well as to the firm, corporation, association, or organization.

Source: SDC 1939, § 27.1408; SL 1939, ch 102, § 6; SL 1951, ch 132, § 3; SL 1963, ch 154, § 7; SDCL, § 36-19-39; revised pursuant to SL 1972, ch 15, § 4; SL 2005, ch 199, § 52; SL 2023, ch 137, § 19.