32-2048. Unlawful practice; classification;
injunctive relief; deposit of civil penalties
A. It is unlawful for any person to practice or in any manner to claim to practice
physical therapy or for a person to claim the designation of a physical therapist unless
that person is licensed pursuant to this chapter. A person who engages in an activity
requiring a license pursuant to this chapter or who uses any word, title or
representation in violation of section 32-2042 that implies that the person is licensed
to engage in the practice of physical therapy is guilty of a class 1 misdemeanor.
B. The board may investigate any person to the extent necessary to determine if the
person is engaged in the unlawful practice of physical therapy. If an investigation
indicates that a person may be practicing physical therapy unlawfully, the board shall
inform the person of the alleged violation. The board may refer the matter for
prosecution regardless of whether the person ceases the unlawful practice of physical
therapy.
C. The board, through the appropriate county attorney or the office of the attorney
general, may apply for injunctive relief in any court of competent jurisdiction to enjoin
any person from committing any act in violation of this chapter. Injunction proceedings
are in addition to, and not in lieu of, all penalties and other remedies prescribed in
this chapter.
D. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies it
collects from civil penalties pursuant to this chapter in the state general fund.
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