(1) The director may issue a cease and desist order to stop a person from violating
or threatening to violate a statute, rule, or order which the department has issued
or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice
of the person's right to request a hearing under the provisions of both this chapter
and chapter 1 of title 23. If, within fifteen (15) days of service of the order, the subject of the order fails
to request a hearing in writing, the order is the final order of the director and
is not reviewable by a court or agency.
(2) A hearing must be initiated by the department not later than thirty (30) days
from the date of the department's receipt of a written hearing request. Within thirty (30) days of the hearing the director shall issue a final order modifying,
vacating, or making permanent the cease and desist order, as the facts require. The final order remains in effect until modified or vacated by the director.
(3) When a request for a stay accompanies a timely hearing request, the director may,
in the director's discretion, grant the stay. If the director does not grant a requested stay, the director shall refer the request
to the superior court within three (3) working days of receipt of the request. Within ten (10) days after receiving the request from the director, a superior court
judge shall issue an order to grant or deny the stay.
(4) In the event of noncompliance with a cease and desist order, the director may
institute a proceeding in superior court to obtain injunctive relief or other appropriate
relief, including a civil penalty payable to the department not exceeding ten thousand
dollars ($10,000) for each separate violation.
(b) Injunctive relief. In addition to any other remedy provided by law, including the issuance of a cease
and desist order under subsection (a) of this section, the director may in his or
her own name, bring an action in superior court for injunctive relief to restrain
an unlicensed health care practitioner from a violation or threatened violation of
any statute, rule, or order which the director is empowered to regulate, enforce,
(c) Additional powers. The issuance of a cease and desist order or injunctive relief granted under this
section does not relieve a practitioner from criminal prosecution by a competent authority
or from disciplinary action by the director.
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