Section 332.121

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 332

Effective - 28 Aug 2004   

  332.121.  Board may ask court to enjoin illegal practice — venue. — 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, corporation, firm, or other entity 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; or

  (3)  Directing, interfering with, or attempting to direct or interfere with a licensed dentist's professional judgment or competent practice of dentistry.  

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Nothing in this subsection shall be so construed as to make it unlawful for not-for-profit organizations to enforce employment contracts, corporate policy and procedure manuals, or quality improvement or assurance requirements.

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

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

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(L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 1983 S.B. 302, A.L. 2004 S.B. 1122)