S.D. Admin. R. 44:05:01:02 - Definition of unprofessional or dishonorable conduct

The term, unprofessional or dishonorable conduct, as used in this chapter includes:

(1) Willfully betraying a professional confidence;

(2) Conviction of any felony offense, any conviction of a criminal offense arising out of the practice of pre-hospital emergency medical care, or one in connection with any criminal offense involving moral turpitude;

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

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

(5) Failure to comply with state or federal laws on keeping records regarding possessing and dispensing of narcotics, barbiturates, and habit-forming drugs;

(6) Falsifying the medical records of a patient or any official record regarding possession and dispensing of narcotics, barbiturates, and habit-forming drugs or regarding any phase of medical treatment of a patient;

(7) Presenting to the department 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 the license;

(8) Illegally, fraudulently, or wrongfully obtaining a license required by this article by the use of any means, device, deception, or help in passing any examination or by making any false statement or misrepresentation in any application or information presented;

(9) The exercise of influence within the EMR- or EMT-patient relationship for the purposes of engaging a patient in sexual activity. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the EMR or EMT;

(10) Engaging in gross or immoral sexual harassment or sexual contact;

(11) Consistently providing or prescribing medical services or treatments which are inappropriate or unnecessary;

(12) Any practice or conduct that tends to constitute a danger to the health, welfare, or safety of the public or patients or engaging in conduct which is unbecoming a person certified to practice as an EMR or EMT;

(13) Discipline by another state, territorial, or provincial licensing board or the licensing board of the District of Columbia; and

(14) Violation of any state or federal statute or rule pertaining to the practice of pre-hospital emergency care.

Notes

S.D. Admin. R. 44:05:01:02

30 SDR 125, effective February 22, 2004; 34 SDR 201, effective January 31, 2008; 43 SDR 17, effective 8/7/2017

General Authority: SDCL 34-11-5, 34-11-6.1.

Law Implemented: SDCL 34-11-6.1.