RCW 70.127.200
Unlicensed agencies—Department may seek injunctive or other relief—Injunctive relief does not prohibit criminal or civil penalties—Fines.
(1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the advertising, operating, maintaining, managing, or opening of a home health, hospice, hospice care center, or home care agency without an in-home services agency license under this chapter.
(2) The injunction shall not relieve the person operating an in-home services agency without a license from criminal prosecution, or the imposition of a civil fine under RCW 70.127.213(2), but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be deposited in the department's local fee account. For the purpose of this section, the superior court issuing any injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.
[ 2000 c 175 § 17; 1988 c 245 § 21.]
NOTES:
Effective date—2000 c 175: See note following RCW 70.127.010.
Structure Revised Code of Washington
Title 70 - Public Health and Safety
Chapter 70.127 - In-Home Services Agencies.
70.127.005 - Legislative intent.
70.127.020 - Licenses required after July 1, 1990—Penalties.
70.127.030 - Use of certain terms limited to licensees.
70.127.040 - Persons, activities, or entities not subject to regulation under chapter.
70.127.050 - Volunteer organizations—Use of phrase "volunteer hospice."
70.127.080 - Licenses—Application procedure and requirements.
70.127.085 - State licensure survey.
70.127.090 - License or renewal—Fees—Sliding scale.
70.127.100 - Licenses—Issuance—Prerequisites—Transfer or assignment—Surveys.
70.127.120 - Rules for recordkeeping, services, staff and volunteer policies, complaints.
70.127.125 - Interpretive guidelines for services.
70.127.130 - Legend drugs and controlled substances—Rules.
70.127.140 - Bill of rights—Billing statements.
70.127.150 - Durable power of attorney—Prohibition for licensees, contractees, or employees.
70.127.180 - Surveys and in-home visits—Notice of violations—Enforcement action.
70.127.190 - Disclosure of compliance information.
70.127.216 - Unlicensed operation of an in-home services agency—Consumer protection act.