§466J-10 - Injunctive relief.
§466J-10 Injunctive relief. The
practice of radiologic technology by any person who has not been issued a
license under this chapter or whose license has been suspended or revoked or
has expired is declared to be inimical to the public welfare and to constitute
a public nuisance. The board may, through the attorney general, apply for an
injunction in any court of competent jurisdiction to enjoin any person who has
not been issued a license, or whose license has been suspended or revoked, or
whose license has expired, from practicing radiologic technology. Upon the
filing of a verified petition in court, the court or any judge thereof, if
satisfied by affidavit, or otherwise, that the person is or has been practicing
as a radiographer or as a radiation therapy technologist without having been
issued a license, or after the person's license has been suspended or revoked,
or has expired, may issue a temporary injunction, without notice or bond,
enjoining the defendant from further practicing as a radiographer or radiation
therapy technologist. A copy of the verified petition shall be served upon the
defendant and the proceedings shall thereafter be conducted as in other civil
cases. If it is established that the defendant has been or is practicing as a
radiographer or radiation therapy technologist without having been issued a
license or has been or is practicing as a radiographer or as a radiation
therapy technologist after the defendant's license has been revoked or has
expired, the court, or any judge thereof, may enter a decree perpetually
enjoining the defendant from further practicing as a radiographer or as a
radiation therapy technologist. In case of violation of any injunction issued
under this section, the court, or any judge thereof, may summarily try and
punish the offender for contempt of court. The injunction proceedings shall be
in addition to, and not in lieu of, all penalties and other remedies provided
in this chapter. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; gen ch
1985; am L 1990, c 273, §12]