36-27A-28. Revocation or suspension of license--Grounds.
The board may suspend or revoke the license of a psychologist or require remediation or impose other sanctions on a psychologist, may deny licensure to any applicant, or require remediation prior to the issuance of a license, upon the following grounds:
(1)The licensee is guilty of fraud or deceit in the licensee's admission to practice or in the practice of psychology, or an applicant for licensure is guilty of fraud or deceit in the applicant's attempted admission to practice psychology;
(2)The licensee or applicant for licensure has been convicted of a felony or a serious crime during the past five years. The term, felony, means an offense which, if committed in South Dakota, would be a felony under South Dakota law. The term, serious crime, means a felony or a lesser crime involving moral turpitude as defined in subdivision 22-1-2(25);
(3)The licensee or applicant for licensure is or has been engaged in the practice of psychology under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;
(4)The licensee or applicant for licensure is using intoxicating liquors, narcotics or stimulants to such an extent as to impede the licensee or applicant from the performance of the licensee's or applicant's professional duties as a psychologist;
(5)The physical or mental condition of the licensee or applicant for licensure is determined to be such as to jeopardize or endanger those who seek the professional services of the licensee or applicant. By a majority vote of the entire board, the board may demand a physical or mental examination of a licensee or applicant for licensure. The failure to submit to the examination is immediate grounds for the suspension of the licensee's license or grounds for denial of a license to an applicant for licensure;
(6)The licensee or applicant for licensure has been found in violation of the code of ethics adopted by the board;
(7)The licensee has obtained or attempted to obtain a license, certificate or renewal thereof by bribery or fraudulent representation;
(8)The licensee knowingly made a false statement in connection with any application required by this chapter;
(9)The licensee lacks required training or fails to meet the continuing education requirements set by the board;
(10)The licensee knowingly made a false statement on any form promulgated pursuant to this chapter; or
(11)The licensee has violated any provision of this chapter or the rules promulgated by the board.
Source: SL 1976, ch 235, §36; SDCL Supp, §36-27-38; SL 1981, ch 281, §29; SL 2008, ch 197, §8.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Section 36-27A-1 - Definitions.
Section 36-27A-2 - Exempt persons.
Section 36-27A-3 - Board of examiners-Number of members--Qualifications--Appointment.
Section 36-27A-6 - Terms of board members.
Section 36-27A-7 - Removal of board members--Vacancies--Limitation of successive terms.
Section 36-27A-8 - Meetings of board--Election of officers--Records of meetings.
Section 36-27A-10 - Representations as psychologist restricted.
Section 36-27A-11 - License of another state.
Section 36-27A-12 - Qualifications for license.
Section 36-27A-12.1 - Provisional license.
Section 36-27A-13 - Exemption from doctoral degree requirement.
Section 36-27A-14 - Exemption from examination requirement.
Section 36-27A-15 - Exemption from internship requirement.
Section 36-27A-16 - Residence requirement for exemptions.
Section 36-27A-18 - Demonstration of competence required--Variation by board.
Section 36-27A-19 - Fee for application.
Section 36-27A-20 - Reexamination after failure to pass--Additional fee.
Section 36-27A-21 - Application for license--Forms--Verification--Fee--Supporting evidence.
Section 36-27A-22 - Examinations--Time and place--Type.
Section 36-27A-22.1 - Fee for initial licensure.
Section 36-27A-23 - License contents--Signature--Seal--Display.
Section 36-27A-24 - Renewal of license--Fee--Forfeiture--Restoration.
Section 36-27A-25 - Code of ethics.
Section 36-27A-26 - Continuing education required--Records--Reports.
Section 36-27A-27 - Recommendations of civil action against violations.
Section 36-27A-28 - Revocation or suspension of license--Grounds.
Section 36-27A-29 - Proceedings for suspension or revocation--Reissuance.
Section 36-27A-29.1 - Special fee to pay for cost of disciplinary actions.
Section 36-27A-30 - Majority vote required for suspension or revocation.
Section 36-27A-31 - Appeals from board action.
Section 36-27A-32 - Reinstatement of license--Procedure.
Section 36-27A-33 - Enjoining or restraining violations.
Section 36-27A-34 - Investigation and prosecution of violations.
Section 36-27A-35 - Record of licensees maintained--Certified copies as evidence--Fee for copies.
Section 36-27A-36 - Compensation of board members.
Section 36-27A-38 - Confidentiality of psychologist-patient relationship and communications.
Section 36-27A-39 - Immunity from liability of board members, agents and witnesses.