36-34-23. Sanctions--Withdrawal of probation--Certification or licensure during appeal.
The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of §36-34-21:
(1)Revoke a practitioner's certification or license to practice for an indefinite length of time;
(2)Suspend a practitioner's certification or license for a specific or indefinite length of time;
(3)Censure a practitioner;
(4)Issue a letter of reprimand;
(5)Place a practitioner on probationary status and require the practitioner to report regularly to the board on the matters which are the basis for probation;
(6)Limit the practitioner's practice to areas prescribed by the board and continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of the probation;
(7)Require the practitioner to reimburse the board in an amount equal to the costs incurred for the investigation and disciplinary hearing including the amount paid by the board for legal expenses, attorney fees, court reporters, and any mediator or hearing officer, provided there is clear and convincing evidence of wrongdoing on the part of the practitioner.
The board may withdraw the probation if the board finds the deficiencies that resulted in disciplinary action have been remedied.
Certification or licensure shall remain in effect during the pendency of an appeal unless suspended under §36-34-24.
Source: SL 2004, ch 253, §24; SL 2013, ch 183, §22.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 34 - Addiction And Prevention Professionals
Section 36-34-1 - Definitions.
Section 36-34-2 - Board of Addiction and Prevention Professionals--Membership.
Section 36-34-3 - Appointment of board members--Terms.
Section 36-34-4 - Removal of member by Governor--Vacancy.
Section 36-34-5 - Meetings of board--Election of officers.
Section 36-34-6 - Minutes of board meetings.
Section 36-34-7 - Quorum--Majority vote.
Section 36-34-8 - Board within Department of Social Services--Functions--Report.
Section 36-34-9 - Acceptance, deposit, and use of funds--Continuous appropriation.
Section 36-34-10 - Compensation of board members.
Section 36-34-11 - Immunity of board and agents from personal liability.
Section 36-34-12 - Duties of board.
Section 36-34-13 - Promulgation of rules regarding fees--Maximums.
Section 36-34-13.1 - Certification and licensure requirements.
Section 36-34-13.2 - Disclosure of felony conviction or plea.
Section 36-34-13.3 - Renewal of certificate or license.
Section 36-34-13.4 - Display of certificate or license.
Section 36-34-13.5 - Certification in another state.
Section 36-34-16 - Enforcement--Injunction--Hearing.
Section 36-34-17 - Employment of attorney.
Section 36-34-18 - Receipt and log of complaints--Investigation--Disciplinary proceeding.
Section 36-34-19 - Cancellation, suspension, or revocation of certification or license.
Section 36-34-20 - Frivolous or unfounded complaint--Dismissal--Expungement.
Section 36-34-21 - Grounds for disciplinary sanctions--Hearing--Notice.
Section 36-34-23 - Sanctions--Withdrawal of probation--Certification or licensure during appeal.
Section 36-34-24 - Summary suspension--Hearing--Appeal.
Section 36-34-26 - Allegations--Burden of proof.
Section 36-34-27 - Application of chapter to ongoing recognition, certification, or licensure.