Nevada Revised Statutes 635.162 – Injunctive relief; order of court for limitation of practice or suspension of license; temporary restraining order
1. In addition to any other remedy provided by law, the Board, through its President or Secretary or the Attorney General, may apply to any court of competent jurisdiction:
Terms Used In Nevada Revised Statutes 635.162
- Board: means the State Board of Podiatry. See Nevada Revised Statutes 635.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
- Statute: A law passed by a legislature.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(a) To enjoin any prohibited act or other conduct of a podiatric physician which is harmful to the public;
(b) To enjoin any person who is not licensed under this chapter from practicing podiatry;
(c) To limit the podiatric physician’s practice or suspend his or her license to practice podiatry; or
(d) To enjoin the use of the title ‘D.P.M.,’ ‘Podiatrist,’ ‘Podiatric Physician,’ ‘Podiatric Physician-Surgeon’ or ‘Physician-Surgeon D.P.M.’ when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:
(a) Without proof of actual damage sustained by any person;
(b) Without relieving any person from criminal prosecution for engaging in the practice of podiatry without a license; and
(c) Pending proceedings for disciplinary action by the Board.