337.683. Violations, penalty--committee may sue, when--actions permitted to be enjoined.
Violations, penalty--committee may sue, when--actions permitted tobe enjoined.
337.683. 1. Violation of any provision of sections 337.650 to337.689 shall be a class B misdemeanor.
2. All fees or other compensation received for services which arerendered in violation of sections 337.650 to 337.689 shall be refunded.
3. The department on behalf of the committee may sue in its own namein any court in this state. The department shall inquire as to anyviolations of sections 337.650 to 337.689, may institute actions forpenalties herein prescribed, and shall enforce generally the provisions ofsections 337.650 to 337.689.
4. Upon application by the committee, the attorney general may onbehalf of the committee request that a court of competent jurisdictiongrant an injunction, restraining order or other order as may be appropriateto enjoin 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; or
(2) Engaging in any practice of business authorized by a certificateof registration or authority, permit or license issued pursuant to sections337.650 to 337.689 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 pursuant to this section may be in addition toor in lieu of any penalty provided by sections 337.650 to 337.689 and maybe brought concurrently with other actions to enforce the provisions ofsections 337.650 to 337.689.
(L. 2001 H.B. 567)