False statement in application for license or renewal prohibited--Violation a
No person may intentionally make a false statement in an application for a hearing
aid dispensing license or an audiology license or for a renewal of either license. A violation of this
section is a Class 2 misdemeanor.
Repealed by SL 1997, ch 221, § 67.
36-24-39.1 Grounds for disciplinary action.
Grounds for disciplinary action.
Conduct which endangers or is likely to
endanger the health, welfare, or safety of the public is grounds for disciplinary action and includes
Aiding or abetting unlicensed practice;
Using or promoting or causing the use of any misleading, deceiving, improbable, or
untruthful advertising matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation;
Falsely representing the use or availability or services or advice of a physician;
Misrepresenting the applicant, licensee, or holder by using the word, doctor, or any
similar word, abbreviation, or symbol if the use is not accurate or if the degree was not
obtained from a regionally accredited institution;
Committing any act of dishonorable or unprofessional conduct while engaging in the
practice of audiology or hearing aid dispensing;
Engaging in illegal, incompetent, or habitually negligent practice;
Providing professional services while mentally incompetent, under the influence of
alcohol, using any narcotic or controlled dangerous substance or other drug that is in
excess of therapeutic amounts or without valid medical indication or having a serious
infectious or contagious disease;
Providing services or promoting the sale of devices, appliances, or products to a person
who cannot reasonably be expected to benefit from such services, devices, appliances, or
Violating any provision of this chapter, any order given by the board, or rule adopted by
Being convicted of or pleading guilty or nolo contendere to a felony, whether or not any
appeal or other proceeding is pending to have the conviction or plea set aside;
Being disciplined by a licensing or disciplinary authority of any other state or country or
convicted or disciplined by a court of any state or country for an act that would be grounds
for disciplinary action under this section;
Obtaining any fee or making any sale by fraud or misrepresentation;
Advertising a particular model, type, or kind of hearing aid for sale when purchasers or
prospective purchasers responding to the advertisement cannot purchase or are dissuaded
from purchasing the advertised model, type, or kind if it is established that the purpose
of the advertisement is to obtain prospects for the sale of a different model, type, or kind
than that advertised;
Permitting another person to use the hearing aid dispensing license or audiology license;
Defaming competitors by falsely imputing to them dishonorable conduct, inability to
perform contracts, questionable credit standing, or by other false representations, or
falsely disparaging the products of competitors in any respect, or their business methods,
selling prices, values, credit terms, policies, or services;
Displaying competitive products in a show window, shop, or advertisement in such
manner as to falsely disparage them;
Quoting prices of competitive hearing aids or devices without disclosing that they are not
the present current prices, or to show, demonstrate, or represent competitive models as
being current models when such is not the fact;
Imitating or simulating the trademarks, trade names, brands, or labels of competitors, with
the capacity and tendency or effect of misleading or deceiving purchasers or prospective
Using any trade name, corporate name, trademark, or other designation, which has the
capacity and tendency or effect of misleading or deceiving purchasers or prospective
purchasers as to the name, nature, or origin of any product of the industry, or of any
material used in the product, or which is false, deceptive, or misleading in any other
Obtaining information concerning the business of a competitor by bribery of an employee
or agent of a competitor, by false or misleading statements or representations,
impersonation of one in authority, or by any other unfair means;
Giving, or offering to give money or anything of value to any person who advises another
in a professional capacity as an inducement to influence them or have them influence
others to purchase or contract to purchase products sold or offered for sale by a hearing
aid dispenser or audiologist, or to influence persons to refrain from dealing in the products
Use of a false name or alias in the practice of the business.
SL 1997, ch 221, § 49.
36-24-39.2 Disciplinary actions.
Any person licensed under this chapter is subject to the
disciplinary actions of this section. Disciplinary actions are subject to contested case procedure in
chapter 1-26. The board may impose the following disciplinary actions if an applicant for a license
or a licensee is found guilty of conduct which endangered or is likely to endanger the health, welfare,
or safety of the public:
Refuse to issue or renew a license;
Issue a letter of reprimand or concern;
Require restitution of fees;
Impose probationary conditions;
Suspend or revoke a license.
SL 1997, ch 221, § 50.
Repealed by SL 1997, ch 221, § 68.
36-24-41 Procedure for suspension, revocation or denial of license.
Procedure for suspension, revocation or denial of license.
No hearing aid
dispensing license or audiology license issued pursuant to this chapter may be suspended, revoked,
or denied, and no renewal may be denied, except in compliance with chapter 1-26.
Source: SL 1968, ch 118, § 24; revised pursuant to SL 1972, ch 15, § 4; SL 1997, ch 221, § 51.
36-24-42 Enforcement of chapter by board--Election of remedies.
Enforcement of chapter by board--Election of remedies.
The board may enforce
any provision of this chapter by injunction or by any other appropriate proceeding. No proceeding
may be barred by any proceeding which occurred or is pending pursuant to § 36-24-39.2. However,
an action for injunction is alternate to criminal proceedings, and the commencement of one
proceeding by the board constitutes an election.
Source: SL 1968, ch 118, § 23; SL 1972, ch 15, § 4; SL 1997, ch 221, § 52.
Repealed by SL 1997, ch 221, § 69.
36-24-44 Injunctive relief.
The board may apply for relief by injunction, without bond, to
restrain any person, partnership, or corporation from engaging in any act or practice which
constitutes an offense against this chapter. It is not necessary for the board to allege and prove that
there is no adequate remedy at law in order to obtain the relief requested. The members of the board
are not individually liable for applying for such relief.
Source: SL 1997, ch 221, § 53.
36-24-45 Hearing aid dispensing license holder prior to July 1, 1997.
Hearing aid dispensing license holder prior to July 1, 1997.
An applicant shall be
issued a South Dakota hearing aid dispensing license if the applicant holds a current and valid South
Dakota hearing aid dispenser's license and is not eligible for a South Dakota audiology license prior
to July 1, 1997.
Source: SL 1997, ch 221, § 54.
36-24-46 Promulgation of rules.
Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26
to establish application fees, license fees, provisional license fees, renewal fees, penalty fees,
reciprocity fees, and late fees. All fees provided under this chapter are nonrefundable. No fee may
exceed three hundred fifty dollars.
The board may also promulgate rules pursuant to chapter 1-26 for the qualification of applicants,
issuance and renewal of licenses, and requirements for continuing education.
Source: SL 1997, ch 221, § 55; SL 2008, ch 191, § 54.
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