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. 36-19-39. Omitted.