State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-40_1

§ 90‑40.1. Enjoining unlawful acts.

(a)        The practice of dentistry by any person who has not beenduly licensed so as to practice or whose license has been suspended or revoked,or the doing, committing or continuing of any of the acts prohibited by this Articleby any person or persons, whether licensed dentists or not, is hereby declaredto be inimical to public health and welfare and to constitute a publicnuisance. The Attorney General for the State of North Carolina, the districtattorney of any of the superior courts, the North Carolina State Board ofDental Examiners in its own name, or any resident citizen may maintain anaction in the name of the State of North Carolina to perpetually enjoin anyperson from so unlawfully practicing dentistry and from the doing, committingor continuing of such unlawful act. This proceeding shall be in addition to andnot in lieu of criminal prosecutions or proceedings to revoke or suspendlicenses as authorized by this Article.

(b)        In an action brought under this section the final judgment,if  in favor of the plaintiff, shall perpetually restrain the defendant ordefendants from the commission or continuance of the act or acts complained of.A temporary injunction to restrain the commission or continuance thereof may begranted upon proof or by affidavit that the defendant or defendants haveviolated any of the laws or statutes applicable to unauthorized or unlawfulpractice of dentistry. The provisions of the statutes or rules relatinggenerally to injunctions  as provisional remedies in actions shall apply tosuch a temporary injunction and the proceedings thereunder.

(c)        The venue for actions brought under this section shall bethe superior court of any county in which such acts constituting unlicensed orunlawful practice of dentistry are alleged to have been  committed or in whichthere appear reasonable grounds to believe that they will be committed or inthe county where the defendants in such action reside.

(d)        The plaintiff in such action shall be entitled to examinationof the adverse party and witnesses before filing complaint and before  trial inthe same manner as provided by law for the examination of the parties. (1957, c. 592, s. 5; 1973, c. 47, s. 2.)