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Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 331

previous next Effective - 28 Aug 1999bottom

  331.085.  Board may request injunction, restraining order or other court order, when, procedure. — 1.  Upon application by the board, and the necessary burden having been met, a court of general jurisdiction may 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 by this chapter 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 this chapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety or welfare of any resident of this state or client or patient of the licensee.

  2.  Any such action shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

  3.  Any action brought pursuant to this section shall be in addition to and not in lieu of any penalty provided in this chapter and may be brought concurrently with other actions to enforce the provisions of this chapter.

  4.  Nothing in this section shall be construed to prohibit a person licensed or registered pursuant to chapter 334 whose license is in good standing from acting within the scope of his or her practice.

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(L. 1999 H.B. 343 merged with S.B. 8 & 173)


---- end of effective   28 Aug 1999 ----

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