NRS449.24897. Order to cease and desist operation for failure to obtain license; injunction; penalties.

      1.  If the Division believes that a person who is required to obtain a license pursuant to this chapter is operating a facility for refractive surgery without such a license, the Division may issue an order to cease and desist the operation of the facility. The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service.

      2.  An order issued pursuant to subsection 1 expires 30 days after the date of service unless the Division institutes an action in a court of competent jurisdiction seeking an injunction.

      3.  Upon a showing by the Division that a person is operating a facility for refractive surgery without a license issued pursuant to this chapter, a court of competent jurisdiction may:

      (a) Enjoin the person from operating the facility.

      (b) Impose a civil penalty to be recovered by the Division of not more than $10,000 for the first offense and of not less than $10,000 or more than $20,000 for a second or subsequent offense.

      4.  A person enjoined or penalized pursuant to subsection 3 may not apply for a license to operate a facility for refractive surgery for a period of 6 months after the date on which the court issues the injunction or penalty.

      (Added to NRS by 2009, 451)