{"data":{"id":"us-sd/sdcl-36-19-38","jurisdiction":"us-sd","citation":"SDCL § 36-19-38","heading":"Grounds for action on license.","body":"The board may refuse to renew, and may suspend or revoke, any license if the license holder:\n(1) Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license;\n(2) Alters the license;\n(3) Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service;\n(4) Has been convicted of:\n(a) A felony; or\n(b) Any crime involving dishonesty, any conduct intended to deceive or defraud the public, or any other unprofessional conduct;\n(5) Is guilty of malpractice in the business of funeral service;\n(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;\n(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;\n(8) Directly or indirectly:\n(a) Pays or causes to be paid, a commission for the securing of business; or\n(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;\n(9) Engages in any practice or conduct that constitutes a danger to the health, safety, or welfare of the public;\n(10) Engages in any conduct that is unbecoming of a licensee or applicant;\n(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;\n(12) Fails to report to the board:\n(a) Any discipline imposed by the board of another state or territory;\n(b) Any felony conviction; or\n(c) Any conviction for an offense arising out of the practice of funeral service;\n(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;\n(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\n(15) Engages in any unfair or deceptive act or practice.\nIf 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.","path":["TITLE 36. PROFESSIONS AND OCCUPATIONS","CHAPTER 36-19. FUNERAL DIRECTORS AND ESTABLISHMENTS"],"source_url":"https://sdlegislature.gov/Statutes/36-19-38","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"50dfa2b3972459ac00fa121ece11e90f7cb97ad9383a3afc9ee7ad9d7462f36e","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-36-19-37","next":"us-sd/sdcl-36-19-39"},"notice":"GroundRules: Original legal text. Not legal advice."}