337.530. Violations, penalty--refund of fees for services--duties of department--injunctions, grounds for--venue.
Violations, penalty--refund of fees for services--duties ofdepartment--injunctions, grounds for--venue.
337.530. 1. Violation of any provision of sections 337.500to 337.540 shall be a class B misdemeanor.
2. All fees or other compensation received for servicesrendered in violation of sections 337.500 to 337.540 shall berefunded.
3. The department may sue in its own name in any court inthis state. The department shall inquire diligently as to anyviolation of sections 337.500 to 337.540, shall instituteactions for penalties herein prescribed, and shall enforcegenerally the provisions of sections 337.500 to 337.540.
4. Upon application by the committee, the attorney generalmay on behalf of the committee request that a court of competentjurisdiction grant an injunction, restraining order or otherorder as may be appropriate to enjoin a person from:
(1) Offering to engage or engaging in the performance ofany acts or practices for which a certificate of registration orauthority, permit or license is required upon a showing thatsuch acts or practices were performed or offered to be performedwithout a certificate of registration or authority, permit orlicense; or
(2) Engaging in any practice or business authorized by acertificate of registration or authority, permit or licenseissued pursuant to this chapter upon a showing that the holderpresents a substantial probability of serious harm to thehealth, safety or welfare of any resident of this state orclient or patient of the licensee.
5. Any action brought pursuant to the provisions of thissection shall be commenced either in the county in which suchconduct occurred or in the county in which the defendantresides.
6. Any action brought under this section may be in additionto or in lieu of any penalty provided by this chapter and may bebrought concurrently with other actions to enforce this chapter.
(L. 1985 S.B. 37 § 8, A.L. 1989 H.B. 738 & 720)