Section 337.530

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 337

Effective - 28 Aug 1989   

  337.530.  Violations, penalty — refund of fees for services — duties of department — injunctions, grounds for — venue. — 1.  Violation of any provision of sections 337.500 to 337.540 shall be a class B misdemeanor.

  2.  All fees or other compensation received for services rendered in violation of sections 337.500 to 337.540 shall be refunded.

  3.  The department may sue in its own name in any court in this state. The department shall inquire diligently as to any violation of sections 337.500 to 337.540, shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 337.500 to 337.540.

  4.  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 pursuant to this chapter 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.

  5.  Any action brought pursuant to 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.

  6.  Any action brought under this section may be in addition to or 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. 1985 S.B. 37 § 8, A.L. 1989 H.B. 738 & 720)