Penalties

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  1. (a) Any person who violates any of the provisions of this chapter shall be found guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine not exceeding one thousand five hundred dollars ($1,500), or by both fine and imprisonment, at the discretion of the court.

  2. (b) It shall be the duty of the prosecuting attorney in the county where the violation occurs, upon request by the Department of Health, to initiate proper legal proceedings in a court of competent jurisdiction to enforce the provisions of this chapter.

  3. (c) Any person found guilty of violations of this chapter may be subject to emergency suspension or revocation of licensure dependent upon the findings.

  4. (d) The courts of this state are vested with jurisdiction and power to enjoin the unlawful practice of massage therapy and related techniques in a proceeding by the department or by any citizen of this state in the county in which the alleged unlawful practice occurred, the county in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.


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