Contents
- Model Orthotics, Prosthetics and Pedorthics Practice Act
- Section 1. Short Title
- Section 2. Declaration of Public Policy
- Section 3. Definitions
- Section 4. Exceptions
- Section 5. Powers and Duties of the Department
- Section 6. Board of Orthotics, Prosthetics and Pedorthics
- Section 7. Board Immunity
- Section 8. Application for Original License
- Section 9. Qualifications for Licensure as Orthotist, Prosthetist or Pedorthist
- Section 10. Qualifications for Licensure as Assistants, Fitters and Technicians
- Section 11. Examination Requirement
- Section 12. Transition Period
- Section 13. Enforcement
- Section 14. Limitation on Provision of Care and Services
- Section 15. Facility Accreditation
- Section 16. Renewal; Restoration; Military Service
- Section 17. Elective Inactive Status
- Section 18. Endorsement
- Section 19. Fees
- Section 20. Directory of Licensees
- Section 21. Practice by Corporations
- Section 22. Grounds for Discipline
- Section 23. Injunction; Cease and Desist Order
- Section 24. Investigations; Notice and Hearing
- Section 25. Transcript
- Section 26. Board Findings and Recommendations.
- Section 27. Motion for Rehearing
- Section 28. Rehearing on Order of Director
- Section 29. Appointment of Hearing Officer; Arbitration
- Section 30. Order or Certified Copy
- Section 31. Restoration of Suspended or Revoked License.
- Section 32. Surrender of License.
- Section 33. Temporary Suspension of a License.
- Section 34. Administrative Review Law and Venue
- Section 35. Cost for Certifications of Record
- Section 36. Penalties
- Section 37. (State name) Administrative Procedure Act
- Section 38. Sunset Act
- Section 39. Effective Date
©2024 by the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc. All rights reserved.
No part of this document may be produced in any form without written permission of the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc.
ABC Model Practice Act
December 2021
Section 23. Injunction; Cease and Desist Order
(a) If any person violates a provision of this Act, the Director may, in the name of the People of the State of (State name) and through the Attorney General of the State of (State name), petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
(b) If a person practices as an orthotist, prosthetist, pedorthist, assistant, fitter or technician or holds himself or herself out as an orthotist, prosthetist, pedorthist, assistant, fitter or technician without being licensed under the provisions of this Act, then any other licensed orthotist, prosthetist, pedorthist, assistant, fitter or technician or any interested party or any person injured by the person may, in addition to the Director, petition for relief as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department a person violates a provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him or her. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 15 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
