Section 36-34-21 - Grounds for disciplinary sanctions--Hearing--Limitation. - South-dakota Statutes

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Statutes > South-dakota > Title-36 > Chapter-34 > Statute-36-34-21

36-34-21. Grounds for disciplinary sanctions--Hearing--Limitation. Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided in chapter 1-26, the board finds that:
(1) A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a certification to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities;
(2) A practitioner has been convicted in any court of a felony;
(3) A practitioner has engaged in or permitted the performance of unacceptable patient care by the practitioner or by auxiliaries working under the practitioner's supervision due to any deliberate or negligent act or failure to act;
(4) A practitioner has knowingly violated any provision of this chapter or board rules;
(5) A practitioner has continued to practice although the practitioner has become unfit to practice due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely;
(6) A practitioner has engaged in lewd or immoral conduct in connection with the delivery of chemical dependency or prevention services to consumers;
(7) A practitioner has or is employing or assisting an uncertified person to hold himself or herself out as a certified chemical dependency counselor or certified prevention specialist; or
(8) A practitioner has engaged in false or misleading advertising.
No suspension or revocation may be based on a judgment as to therapeutic value of any individual treatment rendered, but only upon a repeated pattern or trend of treatment resulting in unacceptable results.

Source: SL 2004, ch 253, § 22.

State Codes and Statutes

Statutes > South-dakota > Title-36 > Chapter-34 > Statute-36-34-21

36-34-21. Grounds for disciplinary sanctions--Hearing--Limitation. Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided in chapter 1-26, the board finds that:
(1) A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a certification to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities;
(2) A practitioner has been convicted in any court of a felony;
(3) A practitioner has engaged in or permitted the performance of unacceptable patient care by the practitioner or by auxiliaries working under the practitioner's supervision due to any deliberate or negligent act or failure to act;
(4) A practitioner has knowingly violated any provision of this chapter or board rules;
(5) A practitioner has continued to practice although the practitioner has become unfit to practice due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely;
(6) A practitioner has engaged in lewd or immoral conduct in connection with the delivery of chemical dependency or prevention services to consumers;
(7) A practitioner has or is employing or assisting an uncertified person to hold himself or herself out as a certified chemical dependency counselor or certified prevention specialist; or
(8) A practitioner has engaged in false or misleading advertising.
No suspension or revocation may be based on a judgment as to therapeutic value of any individual treatment rendered, but only upon a repeated pattern or trend of treatment resulting in unacceptable results.

Source: SL 2004, ch 253, § 22.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-36 > Chapter-34 > Statute-36-34-21

36-34-21. Grounds for disciplinary sanctions--Hearing--Limitation. Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided in chapter 1-26, the board finds that:
(1) A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a certification to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities;
(2) A practitioner has been convicted in any court of a felony;
(3) A practitioner has engaged in or permitted the performance of unacceptable patient care by the practitioner or by auxiliaries working under the practitioner's supervision due to any deliberate or negligent act or failure to act;
(4) A practitioner has knowingly violated any provision of this chapter or board rules;
(5) A practitioner has continued to practice although the practitioner has become unfit to practice due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely;
(6) A practitioner has engaged in lewd or immoral conduct in connection with the delivery of chemical dependency or prevention services to consumers;
(7) A practitioner has or is employing or assisting an uncertified person to hold himself or herself out as a certified chemical dependency counselor or certified prevention specialist; or
(8) A practitioner has engaged in false or misleading advertising.
No suspension or revocation may be based on a judgment as to therapeutic value of any individual treatment rendered, but only upon a repeated pattern or trend of treatment resulting in unacceptable results.

Source: SL 2004, ch 253, § 22.