17-81-303. Unlawful practice — Penalty — Injunction.

17-81-303. Unlawful practice — Penalty — Injunction. (a) Any person who practices or attempts to practice chiropractic, as defined in this chapter, or use any sign, card, or device to indicate that the person is a professional licensed doctor of chiropractic without having first been licensed or otherwise permitted under the provisions of this chapter to do so shall be guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense. (b) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of chiropractic in a proceeding by the Arkansas State Board of Chiropractic Examiners or any member thereof, by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution. (c)(1) It is unlawful for any person other than a physician licensed to practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq., or a physician licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., to perform spinal mobilizations, spinal adjustments, or spinal manipulations as those terms are defined in § 17-81-102. (2) Nothing contained in this subsection shall be construed to limit or restrict the authority of a licensed physical therapist to practice physical therapy as defined in § 17-93-102(7). (3) Any person violating the provisions of this subsection shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), and each violation shall constitute a separate offense. (d)(1) If the board determines after due notice and a hearing that any provision of this chapter or any rule promulgated by the board pursuant to this chapter has been violated, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation. (2)(A) The board may file an action in Pulaski County Circuit Court to collect any civil penalty not paid within thirty (30) days of service of the order assessing the penalty unless the circuit court enters a stay of the board's order. (B) If the board prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the board in prosecuting the action in addition to the civil penalty. (3) Any person aggrieved by an action of the board imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions.