§ 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.

Legislative History

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.