36-10-40. Unprofessional or dishonorable conduct--Activities included--No basis for criminal prosecution. The phrase "unprofessional or dishonorable conduct" as used in this chapter shall be construed to include:

(1) Employing what is known as cappers or steerers;

(2) Willfully betraying a professional confidence;

(3) All advertising of physical therapy business in which untruthful or improbable statements are made or which are calculated or mislead or deceive the public;

(4) Conviction of any criminal offense of the grade of felony, or any conviction of a criminal offense arising out of the practice of physical therapy, or one in connection with any criminal offense involving moral turpitude;

(5) Habits of intemperance, or drug addiction, calculated in the opinion of the board to affect the licensee's practice of his profession;

(6) Sustaining any physical or mental disability which renders the further practice of a licensee's profession dangerous;

(7) Presenting to the board of any license, certificate or diploma which was obtained by fraud, or deception practiced in passing a required examination or which was obtained by the giving of false statements or information on applying for said license;

(8) Illegally or fraudulently or wrongfully obtaining a license required by this chapter, by the use of any means, devices, or deceptions or helps in passing any examination, or by making false statements or misrepresentations in any applications for information presented.

Unprofessional or dishonorable conduct, as defined in this section, shall not be the basis for criminal prosecution unless otherwise declared unlawful.

Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL, § 36-10-14; SL 1972, ch 205, § 17; revised pursuant to SL 1972, ch 15, § 4.