338.365. Injunction may be issued, when, procedure. - Missouri Statutes

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Statutes > Missouri > T22 > C338 > 338_365

Injunction may be issued, when, procedure.

338.365. 1. Upon proper application by the board of pharmacy, acourt of competent jurisdiction may grant an injunction, restraining orderor other order as may be appropriate to enjoin a person from:

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

(2) Engaging in any practice or business authorized by a certificateof registration or authority, permit or license issued pursuant to thischapter upon a showing that the holder presents a probability of seriousdanger to the health, safety or welfare of any resident of the state orclient or patient.

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

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

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

State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_365

Injunction may be issued, when, procedure.

338.365. 1. Upon proper application by the board of pharmacy, acourt of competent jurisdiction may grant an injunction, restraining orderor other order as may be appropriate to enjoin a person from:

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

(2) Engaging in any practice or business authorized by a certificateof registration or authority, permit or license issued pursuant to thischapter upon a showing that the holder presents a probability of seriousdanger to the health, safety or welfare of any resident of the state orclient or patient.

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

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

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

State Codes and Statutes

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State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_365

Injunction may be issued, when, procedure.

338.365. 1. Upon proper application by the board of pharmacy, acourt of competent jurisdiction may grant an injunction, restraining orderor other order as may be appropriate to enjoin a person from:

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

(2) Engaging in any practice or business authorized by a certificateof registration or authority, permit or license issued pursuant to thischapter upon a showing that the holder presents a probability of seriousdanger to the health, safety or welfare of any resident of the state orclient or patient.

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

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

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