(1) Every person who knowingly holds himself or herself out as a naturopathic physician or who practices naturopathic medicine as defined herein in this state without a license is guilty of a misdemeanor. A person convicted of a second or subsequent offense shall be guilty of a felony and shall be imprisoned in the state prison for a period not to exceed five (5) years, or shall be fined not more than ten thousand dollars ($10,000) or shall be punished by both such fine and imprisonment. Nothing herein contained shall regulate, restrict, or prohibit the practice of naturopathy or any naturopathic health care treatment, therapy, or modality, unregulated or permitted by law prior to July 1, 2005, except to the extent that such specific treatment, therapy, or modality, is enumerated herein and requires a license hereunder. (2) Provided the board determines in good faith that a person is holding himself or herself out as a naturopathic physician, practicing naturopathic medicine as defined herein or using a title or term set forth in section 54-5103 (3), Idaho Code, in violation of this chapter, the board may seek an injunction, provided it has given thirty (30) days' prior written notice to cease and desist against any person who does not comply with such notice and who holds himself or herself out as a naturopathic physician, in violation of this chapter and may, in the event a permanent injunction is entered against such person be entitled to all costs and fees incurred by the board in seeking the injunction.
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