36-32-29. Grounds for revocation of license. The license of a licensed professional counselor, licensed counselor, or licensed professional counselor--mental health may be revoked, suspended, or canceled upon any of the following grounds:

(1) The licensee is guilty of fraud in the practice of counseling or fraud or deceit in the licensee's admission to the practice of counseling;

(2) The licensee has been convicted during the past five years of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony;

(3) The licensee is engaged in the practice of counseling under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;

(4) The licensee is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate the licensee from the performance of the licensee's professional duties;

(5) The physical or mental condition of the licensee is determined by a competent medical examiner to be such as to jeopardize or endanger those who seek relief from the licensee. A majority of the board may demand an examination of the licensee by a competent medical examiner selected by the board at the board's expense. If the licensee fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee's license;

(6) Obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;

(7) Knowingly making a false statement in connection with any application under this chapter;

(8) Knowingly making a false statement on any form promulgated by the board in accordance with this chapter or the rules promulgated pursuant to this chapter;

(9) The licensee has violated any provision of this chapter or the rules promulgated pursuant to this chapter; and

(10) The licensee has been found to be in violation of the ethical standards of the American Counseling Association.Source: SL 1990, ch 313, § 29; SL 1994, ch 310; SL 1998, ch 240, § 10.