Section 337.335

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 337

Effective - 28 Aug 2010   

  337.335.  Violations, penalty. — 1.  Any person found guilty of violating any provision of sections 337.300 to 337.345^* is guilty of a class A misdemeanor and upon conviction thereof shall be punished as provided by law.

  2.  All fees or other compensation received for services rendered in violation of sections 337.300 to 337.345^* shall be refunded.

  3.  The committee shall inquire as to any violation of any provision of sections 337.300 to 337.345^* and may institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 337.300 to 337.345^*.

  4.  Any person, organization, association or corporation who reports or provides information to the committee or the division under sections 337.300 to 337.345^* and who does so in good faith shall not be subject to an action for civil damages as a result thereof.

  5.  Upon application by the committee the attorney general may on behalf of the committee 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 under sections 337.300 to 337.345^* 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.

  6.  Any action brought under the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

  7.  Any action brought under this section may be in addition to or in lieu of any penalty provided by sections 337.300 to 337.345^* and may be brought concurrently with other actions to enforce sections 337.300 to 337.345^*.

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(L. 2010 H.B. 1311 & 1341)

*Section 337.345 was repealed by H.B. 1563, 2012.