Injunction may be issued, when, procedure.

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Effective - 28 Aug 1997

338.365. Injunction may be issued, when, procedure. — 1. Upon proper application by the board of pharmacy, a court of competent jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required by this chapter upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a probability of serious danger to the health, safety or welfare of any resident of the state or client or patient.

2. Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which defendant resides.

3. Any action brought pursuant to this section shall be in addition and not in lieu of any penalty provided by law and may be brought concurrently with other actions to enforce this chapter.

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(L. 1989 S.B. 39 § 338.415, A.L. 1997 S.B. 141)


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