Section 324.499

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 324

Effective - 28 Aug 1998   

  324.499.  Violations, penalty — right to sue. — 1.  Any person who violates any provision of sections 324.475 to 324.499 is guilty of a class B misdemeanor.

  2.  All fees or other compensation received for services which are rendered in violation of sections 324.475 to 324.499 shall be refunded.

  3.  The board on behalf of the committee may sue in its own name in any court in this state to enforce the provisions of sections 324.475 to 324.499.  The board may investigate any alleged violations of sections 324.475 to 324.499 referred to it by the committee, may institute actions for penalties provided in this section and shall enforce generally the provisions of sections 324.475 to 324.499.

  4.  Upon application by the board, the attorney general may, on behalf of the board, request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

  (1)  Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or^* practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or

  (2)  Engaging in any practice or business authorized by a certificate of registration or authority, permit or license, issued pursuant to sections 324.475 to 324.499 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee.

  5.  Any action brought pursuant to this section may be in addition to, or in lieu of, any penalty provided by sections 324.475 to 324.499 and may be brought concurrently with other actions to enforce the provisions of sections 324.475 to 324.499.

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(L. 1998 H.B. 1601, et al. § 23)

*Word "of" appears in original rolls.