337.733. Violations of marital and family therapists law, penalty--attorney general, duties--injunctions--venue.

Violations of marital and family therapists law, penalty--attorneygeneral, duties--injunctions--venue.

337.733. 1. Violation of any provision of sections 337.700 to337.739 is a class B misdemeanor.

2. All fees or other compensation received for services which arerendered in violation of sections 337.700 to 337.739 shall be refunded.

3. The department on behalf of the division may sue in its own namein any court in this state. The department shall inquire as to anyviolations of sections 337.700 to 337.739, may institute actions forpenalties prescribed, and shall enforce generally the provisions ofsections 337.700 to 337.739.

4. Upon application by the committee, the attorney general may onbehalf of the division request that a court of competent jurisdiction grantan injunction, restraining order or other order as may be appropriate toenjoin a person from:

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

(2) Engaging in any practice of business authorized by a certificateof registration or authority, permit or license issued pursuant to sections337.700 to 337.739, upon a showing that the holder presents a substantialprobability of serious harm to the health, safety or welfare of anyresident of this state or client or patient of the licensee.

5. Any action brought pursuant to the provisions of this sectionshall be commenced either in the county in which such conduct occurred orin the county in which the defendant resides.

6. Any action brought under this section may be in addition to or inlieu of any penalty provided by sections 337.700 to 337.739 and may bebrought concurrently with other actions to enforce the provisions ofsections 337.700 to 337.739.

(L. 1995 S.B. 69, et al., A.L. 2009 S.B. 296)