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Terms Used In Louisiana Revised Statutes 37:1286

  • Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:1262
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

A.  The board, through its proper officer, may cause to issue in any competent court, a writ of injunction enjoining any person from practicing medicine as defined herein until such person obtains a license under the provisions of this Part.  This injunction shall not be subject to being released upon bond.

B.  In the suit for an injunction, the board, through its president, may demand of the defendant a penalty of not more than five hundred dollars, and attorney’s fees not to exceed one hundred dollars, besides the costs of court.  This judgment for penalty, attorney’s fees, and costs may be rendered in the same judgment in which the injunction is made absolute.

C.  The trial of the proceeding by injunction shall be summary and by the judge without a jury.

Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.