331.085. Board may request injunction, restraining order or other court order, when, procedure.
Board may request injunction, restraining order or other court order,when, procedure.
331.085. 1. Upon application by the board, and the necessary burdenhaving been met, a court of general jurisdiction may grant an injunction,restraining order or other order as may be appropriate to enjoin a personfrom:
(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 by this chapter upon a showing that such acts orpractices were performed or offered to be performed without a certificateof registration or authority, permit or license; or
(2) Engaging in any practice or business authorized by a certificateof registration or authority, permit or license issued pursuant to thischapter upon a showing that the holder presents a substantial probabilityof serious danger to the health, safety or welfare of any resident of thisstate or client or patient of the licensee.
2. Any such action shall be commenced either in the county in whichsuch conduct occurred or in the county in which the defendant resides.
3. Any action brought pursuant to this section shall be in additionto and not in lieu of any penalty provided in this chapter and may bebrought concurrently with other actions to enforce the provisions of thischapter.
4. Nothing in this section shall be construed to prohibit a personlicensed or registered pursuant to chapter 334, RSMo, whose license is ingood standing from acting within the scope of his or her practice.
(L. 1999 H.B. 343 merged with S.B. 8 & 173)