36-19-38. Grounds for refusal, suspension or revocation of license. The State Board of Funeral Service, acting in compliance with chapter 1-26, may refuse to grant, may suspend, or revoke any license if the license holder or the license applicant:

(1) Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license;

(2) Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service or funeral directing;

(3) Has been convicted of a felony or crime involving moral turpitude. However, upon the conviction of a holder of a valid license, of a felony or crime involving moral turpitude, the conviction shall immediately and automatically revoke the license;

(4) Is not a person of good moral character;

(5) Is guilty of malpractice in the business of funeral service or funeral directing;

(6) Is guilty of willful violation of any section of this chapter, or any rule of the board, or any rule of the state or any municipal board or department of health governing the disposition, shipment, or transportation of dead human bodies; or willfully fails to make any report required by law or by the rules of the board;

(7) Signs a certificate stating that the person embalmed or prepared a dead human body for shipment or burial, whereas in fact, someone, other than the person signing the certificate, embalmed or prepared the dead human body for shipment or burial;

(8) Pays or causes to be paid, directly or indirectly, a commission for the securing of business; or, directly or indirectly solicits such business. However the soliciting of members or the selling of stock in any cooperative burial association is not a violation of this subdivision.

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.