Arizona Laws 36-446.13. Unlawful act; unlicensed operation; injunction
A. On application by the board, the superior court may issue an injunction to enjoin the activities of a person who purports to be licensed pursuant to this article or who is engaging in the activities of a nursing care institution administrator without a license.
Terms Used In Arizona Laws 36-446.13
- Board: means the board of examiners of nursing care institution administrators and assisted living facility managers. See Arizona Laws 36-446
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Nursing care institution: means a health care institution that provides inpatient beds or resident beds and nursing services to persons who need continuous nursing services but who do not require hospital care or direct daily care from a physician. See Arizona Laws 36-401
- nursing care institution administrator: means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others. See Arizona Laws 36-446
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
B. In a petition for injunction filed pursuant to this section, it is sufficient to charge that the respondent on a certain day in a named county engaged in the activities of a nursing care institution administrator without a license and without being exempt from the licensing requirements of this article.
C. For the purposes of this section, damage or injury is presumed.
D. A petition for an injunction to enjoin unlicensed activities shall be filed in the name of this state in the superior court in the county where the respondent resides or may be found or in Maricopa county. On request of the board, the attorney general shall file the injunction.
E. Issuance of an injunction does not relieve the respondent from being subject to other proceedings as provided in this article.