TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 328-F
ALLIED HEALTH PROFESSIONALS

Disciplinary Action; Hearings

Section 328-F:27

    328-F:27 Unauthorized Practice. –
I. Nothing in this chapter or the practice acts of the governing boards shall be construed to restrict persons licensed or certified under any other laws of this state from engaging in the practice or profession for which they are licensed or certified.
II. Practice of an allied health profession by any person who is not licensed, certified, or registered to practice such profession shall constitute unauthorized practice. A business which holds itself out, through advertising or in any other way, as providing an allied health service but does not have available to supervise its services an allied health professional licensed, certified, or registered to provide the services which the business purports to offer, is engaged in unauthorized practice.
III. Unauthorized practice is punishable as a class A misdemeanor by an individual, and as a felony by an entity.
IV. Each governing board is authorized to issue a cease and desist order against any person or entity engaged in unauthorized practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the governing board of the allied health practice affected or the prosecuting attorney of any county or municipality where the act of unauthorized practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unauthorized practice. The action to enjoin shall not replace any other civil, criminal or regulatory remedy. An injunction without bond is available to the governing board of the allied health practice affected.

Source. 1997, 287:1. 2003, 310:57. 2006, 76:16, eff. July 1, 2006. 2018, 87:12, eff. July 24, 2018. 2021, 91:176, eff. July 1, 2021.