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§ 5-405. Actions to enjoin unauthorized practice of dietetics

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2014

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 5. Licensed Dietitian-Nutritionists (Refs & Annos)
Subtitle 4. Prohibited Acts; Penalties (Refs & Annos)
Effective: October 1, 2014
MD Code, Health Occupations, § 5-405
§ 5-405. Actions to enjoin unauthorized practice of dietetics
In general
(a) An action may be maintained in the name of the State or the Board to enjoin:
(1) The unauthorized practice of dietetics; or
(2) Conduct that is a ground for disciplinary action under § 5-311 of this title.
Actions brought by Board, Attorney General, or State’s Attorney
(b) An action under this section may be brought by:
(1) The Board, in its own name;
(2) The Attorney General, in the name of the State; or
(3) A State's Attorney, in the name of the State.
Venue
(c) An action under this section shall be brought in the county where the defendant:
(1) Resides; or
(2) Engages in the act sought to be enjoined.
Proof of actual damage
(d) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
Action in addition to criminal prosecution
(e) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of dietetics under § 5-401 of this subtitle or disciplinary action under § 5-311 of this title.

Credits

Added by Acts 2014, c. 160, § 1, eff. Oct. 1, 2014.
MD Code, Health Occupations, § 5-405, MD HEALTH OCCUP § 5-405
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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