§ 23-74-13 - Additional remedies.
SECTION 23-74-13
§ 23-74-13 Additional remedies. – (a) Cease and desist. (1) The director may issue a cease anddesist order to stop a person from violating or threatening to violate astatute, rule, or order which the department has issued or is empowered toenforce. The cease and desist order must state the reason for its issuance andgive notice of the person's right to request a hearing under the provisions ofboth this chapter and chapter 1 of title 23. If, within fifteen (15) days ofservice of the order, the subject of the order fails to request a hearing inwriting, the order is the final order of the director and is not reviewable bya court or agency.
(2) A hearing must be initiated by the department not laterthan thirty (30) days from the date of the department's receipt of a writtenhearing request. Within thirty (30) days of the hearing the director shallissue a final order modifying, vacating, or making permanent the cease anddesist order, as the facts require. The final order remains in effect untilmodified or vacated by the director.
(3) When a request for a stay accompanies a timely hearingrequest, the director may, in the director's discretion, grant the stay. If thedirector does not grant a requested stay, the director shall refer the requestto the superior court within three (3) working days of receipt of the request.Within ten (10) days after receiving the request from the director, a superiorcourt judge shall issue an order to grant or deny the stay.
(4) In the event of noncompliance with a cease and desistorder, the director may institute a proceeding in superior court to obtaininjunctive relief or other appropriate relief, including a civil penaltypayable to the department not exceeding ten thousand dollars ($10,000) for eachseparate violation.
(b) Injunctive relief. In addition to any other remedyprovided by law, including the issuance of a cease and desist order undersubsection (a) of this section, the director may in his or her own name, bringan action in superior court for injunctive relief to restrain an unlicensedhealth care practitioner from a violation or threatened violation of anystatute, rule, or order which the director is empowered to regulate, enforce,or issue.
(c) Additional powers. The issuance of a cease anddesist order or injunctive relief granted under this section does not relieve apractitioner from criminal prosecution by a competent authority or fromdisciplinary action by the director.