37-8-443. Violation of chapter -- penalties. (1) It is a misdemeanor for a person (including a corporation, association, or individual) to:
     (a) sell or fraudulently obtain or furnish any nursing diploma, license, or record or aid or abet therein;
     (b) practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
     (c) practice professional nursing unless duly licensed to do so;
     (d) practice practical nursing unless duly licensed to do so;
     (e) use in connection with the person's name any designation tending to imply that the person is a registered professional nurse or a licensed practical nurse unless duly licensed to so practice;
     (f) practice nursing during the time the person's license is suspended, revoked, or on inactive status;
     (g) conduct a school of nursing or a course unless the school or course has been approved by the board;
     (h) otherwise violate any provision of this chapter.
     (2) Such misdemeanor is punishable by a fine of not less than $100 for the first offense. Each subsequent offense is punishable by a fine of $300, by imprisonment of not more than 6 months in the county jail, or by both such fine and imprisonment.
     (3) The several district courts within their respective county jurisdictions may hear, try, and determine such misdemeanor and impose in full the punishment and fines prescribed. It is necessary to prove, in any prosecution for misdemeanor under this section, only a single act prohibited by law or a single holding out or an attempt. It is not necessary to prove a general course of conduct in order to constitute a violation.

     History: En. Sec. 23, Ch. 243, L. 1953; amd. Sec. 8, Ch. 291, L. 1967; amd. Sec. 5, Ch. 101, L. 1977; R.C.M. 1947, 66-1243.