332.121. Board may ask court to enjoin illegal practice--venue.
Board may ask court to enjoin illegal practice--venue.
332.121. 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 person,corporation, firm, or other entity 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 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; or
(3) Directing, interfering with, or attempting to direct or interferewith a licensed dentist's professional judgment or competent practice ofdentistry.
Nothing in this subsection shall be so construed as to make it unlawful fornot-for-profit organizations to enforce employment contracts, corporatepolicy and procedure manuals, or quality improvement or assurancerequirements.
2. Any such action shall be commenced either in the county in whichthe defendant resides or in the county in which such conduct occurred.
3. Any action brought under this section shall be in addition to andnot in lieu of any penalty provided by this chapter and may be broughtconcurrently with other actions to enforce this chapter.
(L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 1983 S.B. 302, A.L. 2004 S.B. 1122)