[§436E-12]  Penalty.  (a)  Any person except a person licensed under this chapter who practices, treats, or instructs in any phase of acupuncture without a license or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of any type of acupuncture, shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $1,000 for each violation.

     (b)  Any person, except a licensed acupuncturist, who:

     (1)  Practices or attempts to practice acupuncture;

     (2)  Buys, sells, or fraudulently obtains any diploma or license to practice acupuncture whether recorded or not;

     (3)  Uses the title "acupuncturist", "D.Ac." or "D.O.M." or any word or title to induce the belief that the person is engaged in the practice of acupuncture without complying with this chapter; or

     (4)  Violates this chapter;

shall be penalized as provided in subsection (a).  The department may also seek all legal and equitable remedies available to it for the enforcement of the provisions of this chapter, including seeking injunctive relief. [L 1985, c 214, pt of §1]