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IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
STATE OF ARKANSAS, ex rel.

MARK PRYOR, Attorney General

PLAINTIFF

v.

SOUTHERN COLLEGE OF NATUROPATHY
d/b/a SOUTHERN COLLEGE OF NATUROPATHIC MEDICINE, GARY AXLEY, D.O.M.,
THE HERBAL HEALER ACADEMY, INC.,
MARIJAH McCAIN, THE NATURAL PATH
MASSAGE CLINIC, and ROBERT MAKI, LMT

DEFENDANTS,

PLAINTIFF'S ORIGINAL COMPLAINT
FOR PERMANENT INJUNCTIVE
RELIEF AND CIVIL PENALTIES

No. CIV 2002-8240

The State of Arkansas (the Plaintiff or the State), by and through Mark Pryor, Attorney General, and the undersigned Senior Assistant Attorney General and Assistant Attorney General, for Plaintiff's Original Complaint for Permanent Injunctive Relief and Civil Penalties against Southern College of Naturopathy d/b/a Southern College of Naturopathic Medicine, Gary Axley, D.O.M., Herbal Healer Academy, Inc., Marijah McCain, N.D., The Natural Path Massage Clinic, and Robert Maki, LMT does hereby allege the following:

I. Introduction

1. This civil action is brought pursuant to the Arkansas Deceptive Trade Practices Act, ARK. CODE ANN. ¤¤ 4-88-101, et seq. and pursuant to, Ark. Code Ann. ¤¤ 16-105-204, et seq.

2. The State seeks to enjoin the Defendants from engaging in fraudulent and intentionally misleading and deceptive advertisements that constitute violations of the Arkansas Deceptive Trade Practices Act.

3. The State also seeks to abate the public nuisance created as a direct and proximate result of Defendants' acts that are detrimental to the health, safety, security, and welfare of the people of the State of Arkansas.

4. The State also seeks to have the Defendants pay restitution to those consumers who have remitted monies to these Defendants for the services complained of herein.

5. In addition, the State seeks civil penalties from Defendants for multiple violations of the Arkansas Deceptive Trade Practices Act, including but not limited to, the fraudulent advertising and offering to confer upon consumers accredited degrees in the discipline of naturopathic medicine through accelerated and/or correspondence courses in selected medical fields.

II. Parties

6. Plaintiff, State of Arkansas, ex rel. Mark Pryor, Attorney General of Arkansas, is the chief legal officer of the State with his principal office located in Little Rock, Arkansas. Pursuant to the ARK. CODE ANN. ¤ 4-88-104, the State may seek civil enforcement of the Arkansas Deceptive Trade Practices Act against those parties alleged to be in violation thereof. Further, pursuant to the ARK. CODE ANN. ¤ 16-105-205, the Attorney General may redress acts that are detrimental to the health, safety, security, and welfare of the people of the State of Arkansas by bringing an action to abate a public nuisance.

7. Defendant Southern College of Naturopathy d/b/a Southern College of Naturopathic Medicine, (SCNM) is an organization conducting business in the State of Arkansas. The principal place of business for SCNM is 420 Elm Street, Post Office Box 725, Waldron, Arkansas 72958.

8. Defendant Gary Axley, D.O.M. (Axley) is president of the Southern College of Naturopathy d/b/a Southern College of Naturopathic Medicine. The physical address of Defendant Axley is 420 Elm Street, Post Office Box 725, Waldron, Arkansas 72958.

9. Defendant The Herbal Healer Academy, Inc. (HHA) is a domestic for-profit corporation formed under Arkansas law and registered to conduct business in the State of Arkansas. The principal place of business for Defendant HHA is HC-32, Post Office Box 97-B, Mountain View, Arkansas 72560.

10. Defendant Marijah McCain, N.D (McCain) serves as president, CEO, and registered agent for the Herbal Healing Academy, Inc. The physical address of Defendant, McCain is HC-32, Post Office Box 97-B, Mountain View, Arkansas 72560.

11. Defendant The Natural Path Massage and Pain Clinic (Natural Path) is a for-profit business that provides certain services to its patrons. The principal place of business for Defendant The Natural Path Massage and Pain Clinic is 177 Huntsville Road (23S), Eureka Springs, Arkansas.

12. Defendant Robert "Bob" Maki, LMT (Maki) is the owner and proprietor of the Natural Path Massage and Pain Clinic. The physical address of Defendant Maki is 177 Huntsville Road (23S), Eureka Springs, Arkansas.

III. Jurisdiction

13. This Court has jurisdiction over this action under ARK. CODE ANN. ¤ 4-88-113(a).

14. Venue is proper in Pulaski County, Arkansas, pursuant to ARK. CODE ANN. ¤ 4-88-104, which provides, in part: "The Attorney General of this state shall have the authority, acting through Consumer Counsel, to file an action in the court designated in ARK. CODE ANN. ¤ 4-88-112 for civil enforcement of the provisions of this chapter"

IV. Factual Allegations

Note from Dr. Stephen Barrett: This section of the Attorney General's complaint suggests that accredited 4-year naturopathic colleges offer "rigorous training" and produce graduates who are qualified to provide rational care. However, naturopathic beliefs and practices are so irrational that no naturopath should be trusted.

Naturopathic Medicine

15. Naturopathic medicine is a comprehensive system of health care within the complementary and alternative medicine realm that incorporates various health modalities including but not limited to nontoxic therapy, herbology, homeopathy, hydrotherapy, physical and behavior medicine, pharmacology and obstetrics. (See Holly J. Hough, Ph.D., et al., Profile of a Profession: Naturopathic Practice (Sept. 2001, attached as exhibit 1.)

16. Students who receive Naturopathic Doctoral (N.D.) degrees from nationally-recognized and/or regionally-accredited institutions undergo rigorous training that typically includes premedical undergraduate work. Other prerequisites typically include: (i) the graduation from a four-year, post-graduate, regionally-accredited naturopathic medical school; (ii) two full years of supervised clinical internship; and (iii) completion of an optional residency program. (See Boggs Aff., attached as exhibit 2; Louise Aff., attached as exhibit 3)

17. Currently, only 11 states license Naturopathic physicians to practice medicine. [See American Association of Naturopathic Physicians. The following states license Naturopathic physicians to practice medicine: Alaska, Arizona, Connecticut, Hawaii, Maine, Montana, New Hampshire, Oregon, Puerto Rico, Vermont, and Washington.] Arkansas does not license the practice of Naturopathic medicine. In the states that license naturopathic physicians, the candidate for licensure must graduate from a nationally- recognized and/or regionally-accredited naturopathic medical institution and pass the Naturopathic Physicians' Licensing Examination (NPLEX). Only candidates who attend nationally-recognized and/or regionally-accredited naturopathic medical institutions are eligible to take the NPLEX examination. (See Louise Aff., attached as exhibit 3)

18. Nationally recognized and/or regionally accredited naturopathic medical institutions support a national licensing procedure and the implementation of uniform standards for naturopathic physicians due to the inherent risks associated with the scope of a typical naturopathic practice. [See Nat'l Coll. of Naturopathic Med., 2001-2002 Catalog (2001). Generally, a Naturopathic physician's practice includes the following: (i) the repair of superficial wounds and removal of foreign bodies, cysts, and lesions; (ii) the therapeutic use and prescription of pharmacological agents; (iii) prevention of complications associated with pregnancy; (iv) the use of plant substances and other botanicals in the treatment of physical and mental ailments; and (v) the implementation of hypnotherapy, biofeedback, and other therapies designed to treat psychological ailments.] (See Holly J. Hough, Ph.D., et al., Profile of a Profession: Naturopathic Practice (Sept. 2001, attached as exhibit 1) (See also Boggs Aff., attached as exhibit 2)

19. Inherent risks to patients treated by a Naturopathic physician include, but are not limited to: (i) complications of minor surgical procedures; (ii) misdiagnosis and/or mistreatment of physical and/or mental ailments; (iii) complications associated with the prescription of pharmaceutical drugs; and (iv) the possibility of negative interactions between prescribed herbal remedies and pharmaceutical drugs. See Holly J. Hough, Ph.D., et al., Profile of a Profession: Naturopathic Practice (Sept. 2001, attached as exhibit 1.); (See also Hathcock, M.D., Aff. 13 attached as exhibit 4.)

BUSINESS PRACTICES OF THE DEFENDANTS

A. Defendant SCNM

20. At all times relevant to this complaint, SCNM has offered and continues to offer the service of training individuals to become licensed naturopathic physicians through various print media including catalogues, brochures, and through certain advertisements on the Internet. Through said advertisements SCNM offers to confer upon its would-be students a doctoral degree in Naturopathic Medicine after the student completes a two-week course facilitated at its Waldron, Arkansas campus.

21. SCNM's 2000-2001 course catalogue states that SCNM offers the following college degree programs: (i) Natural Health and Naturopathy; (ii) Bachelor of Science in Natural Health: (iii) Master of Science in Natural Health; and (iv) a Doctor of Naturopathy.

22. During its two-week course SCNM encourages and allows unlicensed and otherwise untrained students to engage in clinical trials where invasive medical techniques are performed including but not limited to the following: (i) blood purification and detoxification; (ii) reflexology; (iii) application of parasites and worms; (iv) acupressure; (v) iridology; and (vi) chelation therapy.

23. Individuals who enroll at SCNM are told that once they have earned their SCNM degree, they will be able to apply to the American Association of Drugless Practitioners, the International Association of Naturopathic Physicians and the American Naturopathic Medical Association for membership and board certification.

24. Neither the American Association of Drugless Practitioners, the International Association of Naturopathic Physicians, nor the American Naturopathic Medical Association are recognized by the United States Department of Education as authorized accreditation entities in the field of Naturopathic medicine.

25. Thus, contrary to SCNM's advertisements, students who enroll and complete the degree program offered by SCNM are not eligible to take the NPLEX exam or transfer their credits obtained at SCNM to any of the nationally-recognized and/or regionally-accredited naturopathic medical institutions in the United States.

26. Likewise, students who enroll and complete the degree program offered by SCNM are ineligible to practice medicine in any of the before-mentioned states that license the practice of Naturopathic medicine.

B. Defendant Axley

27. At all times relevant to this complaint, Defendant Axley has served as president of SCNM and has actively engaged in a pattern of deceptive trade practice by causing and/or authorizing fraudulent and misleading advertisements regarding SCNM's offer to confer upon its students a doctoral degree in Naturopathic Medicine after the student completes a two-week course facilitated at its Waldron, Arkansas campus.

28. In a recently-published SCNM Catalogue, Defendant Axley informed would- be students that, "[d]uring our fourteen-day intensive clinical training and testing session, students are able to prove they have acquired the equivalent of 2 and one half years of knowledge"

29. In a recently-published SCNM Catalogue, Defendant Axley avers that state governments are quickly seeking to regulate the training and practice of naturopaths, and once regulation is in place, anyone desiring to practice naturopathic medicine will have to have approximately two years of college plus four years of residential naturopathic medical school. [See S. Coll. of Naturopathy, Accelerated Doctor of Naturopathy Degree Program Catalogue 3 (2001)]

30. Axley advertises that by obtaining a degree from SCNM before state regulation, a prospective student may continue to practice under a "grandfather clause." Further, Axley advertises that once a student obtains an SCNM degree, that student's naturopathic practice will be insulated from the effect of future state regulation.

31. Axley admonishes would-be students not to delay registering for SCNM classes because any delay might result in them having to attend six years of resident classes in order to practice naturopathy after state regulation instead of SCNM's two-week course.

32. These claims by Axley are deceptive and misleading. The course of study offered by Axley will not enable any student to practice medicine in any state.

C. Defendant HHA

33. At all times relevant to this complaint, HHA has offered and continues to offer the service of training individuals to become naturopathic physicians through certain advertisements on the Internet. HHA offers to confer upon its would-be students an "Herbal Healer Academy Naturopathic Doctor Certificate" after the student completes a correspondence course and passes a written final examination also administered via correspondence.

34. HHA offers home study courses in herbology, nutrition and chemistry, anatomy and physiology, reflexology, acupuncture and acupressure, homeopathy, massage therapy, and chronic diseases, plagues, death, and dying.

35. HHA states that upon completion of these courses a prospective student will receive a document entitled, "Naturopathic Doctor Certificate" and then be eligible for national board certification with the American Naturopathic Medical Certification & Accreditation Board.

36. Contrary to HHA's advertisement, the American Naturopathic Medical Certification & Accreditation Board is not authorized by the United States Department of Education to accredit institutions of higher learning.

37. Similar to SCNM, HHA students are not eligible to take the NPLEX exam or transfer their credits obtained at HHA to any of the nationally-recognized and/or regionally-accredited naturopathic medical institutions in the United States.

38. Likewise, students who enroll and complete the correspondence degree program offered by HHA are ineligible to practice medicine in any of the before-mentioned states that license the practice of Naturopathic medicine.

D. Defendant McCain

39. At all times relevant to this complaint, Defendant McCain, president and owner of HHA, has actively engaged in a pattern of deceptive trade practice by causing and/or authorizing fraudulent and misleading advertisements regarding HHA's offer to confer upon its students a Naturopathic Doctor Certificate after the student completes a correspondence course in selected medical fields.

40. McCain has advertised and/or offered her services while using the abbreviations "Dr.", "M.D.", and "N.D." in connection with her name indicating that she is a medical and/or naturopathic doctor. This advertisement is unlawful, fraudulent, and has a high likelihood of misleading consumers as to the quality and degree of expertise associated with her services. (See Exhibit 5)

E. Defendant The Natural Path Massage Clinic

40. At all times relevant to this complaint, Defendant the Natural Path has actively engaged in a pattern of deceptive trade practice by causing and/or authorizing fraudulent and misleading advertisements regarding its offer to provide certain medical services, including but not limited to neurological treatments.

41. The Natural Path has advertised and/or offered its services while using the abbreviation "N.D." to indicate a naturopathic doctor performs the advertised services. This advertisement is fraudulent and has a high likelihood of misleading consumers as to the quality and degree of expertise associated with the service.

F. Defendant Robert Maki

42. At all times relevant to this complaint, Defendant Robert Maki, LMT has actively engaged in a pattern of deceptive trade practice by causing and/or authorizing fraudulent and misleading advertisements regarding offers to provide certain medical services including but not limited to, neurological treatments and homeopathic remedies. (See Exhibit 6)

43. Maki has advertised and/or offered his services while using the abbreviation "N.D." in connection with his name indicating that he is a naturopathic doctor. This advertisement is unlawful, fraudulent, and has a high likelihood of misleading consumers as to the quality and degree of expertise associated with his services. (See Exhibit 7)

FIRST CAUSE OF ACTION -- VIOLATIONS OF THE
ARKANSAS DECEPTIVE TRADE PRACTICES ACT

44. The State incorporates by reference the allegations set forth in paragraphs 1 through 43 above.

45. Arkansas Code Annotated ¤ 4-88-107(a)(10) provides that it shall be unlawful to engage in unconscionable, false, or deceptive acts or practices in business, commerce, or trade.

46. The business activities of the above-named Defendants in Arkansas constitute the sale of "goods" and/or "services" within the meaning of Ark. Code Ann ¤4-88-102 (6), (7). The same activity constitutes business, commerce, or trade within the meaning of Ark. Code Ann. ¤4-88-107.

47. Pursuant to ARK. CODE ANN. ¤ 4-88-113(a)(1), the Attorney General may bring a civil action to prevent persons from engaging in the use or employment of any prohibited practices.

48. Likewise, pursuant to ARK. CODE ANN. ¤ 4-88-113(a)(2)(A), the Attorney General may bring a civil action to restore to any purchaser who has suffered any ascertainable loss by reason of the use or employment of the prohibited practices any moneys or real or personal property which may have been acquired by means of any practice declared to be unlawful, together with other damages sustained.

49. Under the provisions of ARK. CODE ANN. ¤ 4-88-104, the Attorney General may seek an injunction prohibiting any person from engaging in any deceptive or unlawful practice.

50. A "person" is an individual, organization, group, association, partnership, corporation, or any combination thereof. ARK. CODE ANN. ¤ 4-88-102(3).

51. Each Defendant constitutes a "person" who has engaged in an unconscionable, false, or deceptive act or practice in business, commerce, or trade.

52. Under ARK. CODE ANN. ¤ 4-88-113(a)(3), any person who violates the provisions of the Arkansas Deceptive Trade Practices Act may be assessed a civil penalty of up to $10,000.00 per violation.

53. The course of conduct engaged in by the Defendants constitutes deceptive and unconscionable trade practices prohibited by the Arkansas Deceptive Trade Practices Act. The prohibited practices engaged in by the Defendants include, but likely are not limited to, violations of Ark. Code Ann. ¤¤ 4-88-107(a)(1), -107(a)(10), 4-88-108. The Defendants have committed these violations by:

(a) Since at least 1999, in numerous instances, in connection with advertisements, promotions, marketing, offering for sale, and sale of services, Defendants SCNM and HHA, directly through the use of print media and/or Internet web pages have represented, expressly or by implication, that consumers who agree to enroll in their accelerated naturopathic degree courses could receive a nationally-recognized and/or regionally-accredited doctoral degree in naturopathic medicine, and thereby become entitled to practice medicine. In truth and in fact, consumers who agree to enroll in either the SCNM on-site two-week course in naturopathic medicine or the HHA home study and correspondence course in naturopathic medicine are not eligible to take the Naturopathic Physicians' Licensing Examination which is a pre-requisite to licensure in the states that recognize the practice of naturopathic medicine.

(b) Since at least 1999, in numerous instances, in connection with advertisements, promotions, marketing, offering for sale, and sale of their services, Defendants SCNM, Axley, HHA, McCain, the Natural Path, and Maki, directly through the use of print media and/or Internet web pages have represented, expressly or by implication, that the services offered are of a certain quality and are supported by accrediting institutions. In truth and in fact, the accrediting institutions advertised by the defendants to support their Naturopathic medicine degree and/or certification programs are not authorized by the by the United States Department of Education to accredit institutions of higher learning.

Defendants SCNM and Axley have failed to disclose adequately to consumers that:

(i) Arkansas does not recognize or license the practice of naturopathic medicine.

(ii) SCNM is not a nationally-recognized and/or regionally-accredited institution of Naturopathic medicine.

(iii) Any degree and/or certificate from this institution does not entitle the consumer to take the NPLEX, which is a pre-requisite to licensure in the states licensing the practice of naturopathic medicine.

(iv) The accrediting bodies alleged to support this institution's degree and/or certification program are not authorized by the United States Department of Education to accredit institutions of higher learning.

These facts would be material to consumers in their decision to enroll in an institution offering to confer a degree in higher education.

Defendants HHA and McCain have failed to disclose adequately to consumers that:

(i) HHA is not a nationally-recognized and/or regionally-accredited institution of naturopathic medicine.

(ii) Any degree and/or certificate from this institution does not entitle the consumer to take the NPLEX, which is a pre-requisite to licensure in the states licensing the practice of naturopathic medicine.

(iii) The accrediting bodies alleged to support this institution's degree and/or certification program are not authorized by the United States Department of Education to accredit institutions of higher learning.

(iv) McCain unlawfully uses the abbreviations of "Dr.", "M.D." and "N.D." in connection with her name and McCain does not have the medical training commonly possessed by a graduate of accredited institutions in allopathic and/or naturopathic medicine.

These facts would be material to consumers in their decision to enroll in an institution offering to confer a degree in higher education or to seek medical treatments and/or remedies.

Defendants the Natural Path and Maki have failed to disclose adequately to consumers that:

(i) the services rendered to consumers by the Natural Path and Maki are not sanctioned by nationally-recognized and/or regionally-accredited institutions that certify the practice of naturopathic medicine.

(ii) Robert Maki unlawfully uses the abbreviation of "N.D." in connection with his name and Maki does not have the medical training commonly possessed by a graduate of accredited institutions in naturopathic medicine.

These facts would be material to consumers in their decision to seek medical treatments and/or remedies.

SECOND CAUSE OF ACTION ­ PUBLIC NUISANCE

54. The State incorporates by reference the allegations set forth in paragraphs 43 through 53 above.

55. Arkansas Code Annotated Section 16-105-204 provides that the Attorney General may seek an order to abate public nuisances.

56. Arkansas Code Annotated Section 17-95-402(c) provides that any person who practices medicine in the State of Arkansas without first obtaining a license authorizing him or her to practice medicine is a public nuisance.

57. Arkansas Code Annotated Section 17-95-202 provides that the practice of medicine includes, but is not limited to: (a) the holding out of one's self to the public as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever; (b) suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person with the intention of receiving, either directly or indirectly, any fee, gift, or compensation whatsoever; (c) maintaining an office or other place to meet persons for the purpose of examining or treating persons afflicted with disease, injury, or defect of body or mind; (d) using the title "M.D.", "M.B.", "D.O.", "physician", "surgeon", or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or mind, except as otherwise expressly permitted by the laws of this state relating to the practice of any limited field of the healing arts; or (e) performing any kind of surgical operation upon a human being.

58. The business activities of the above-named Defendants in Arkansas constitute the "practice of medicine" within the meaning of Ark. Code Ann ¤17-95-202. The same activity constitutes business, commerce, or trade within the meaning of Ark. Code Ann. ¤4-88-107.

59. Pursuant to ARK. CODE ANN. ¤ 4-88-113(a)(1), the Attorney General may bring a civil action to prevent persons from engaging in the use or employment of any prohibited practices.

60. Likewise, pursuant to ARK. CODE ANN. ¤ 4-88-113(a)(2)(A), the Attorney General may bring a civil action to restore to any purchaser who has suffered any ascertainable loss by reason of the use or employment of the prohibited practices any moneys or real or personal property which may have been acquired by means of any practice declared to be unlawful, together with other damages sustained.

61. Under the provisions of Ark. Code Ann. ¤ 17-95-402(c) any person who practices or attempts to practice medicine in the State of Arkansas without first obtaining a license authorizing him or her to practice medicine is a public nuisance.

62. Likewise, pursuant to Ark. Code Ann. ¤ 17-95-402(c) the illegal practice of medicine in violation of the laws of the State of Arkansas is a public nuisance and is detrimental to the health, safety, security, and welfare of the people of the State of Arkansas.

63. A "person" is an individual, organization, group, association, partnership, corporation, or any combination thereof. ARK. CODE ANN. ¤ 4-88-102(3).

64. Each Defendant is a "person" whose acts constitute a public nuisance and the unconscionable, false, or deceptive act or practice in business, commerce, or trade.

65. Under ARK. CODE ANN. ¤ 16-105-205, a court of record having proper jurisdiction may abate unlawful acts that constitute a public nuisance.

66. The Defendants engaged in acts that are detrimental to the health, safety, security, and welfare of the people of the State of Arkansas as evidenced by the following:

(a) Since at least 1999, in numerous instances, in connection with advertisements, promotions, and marketing, Defendants have directly represented through the use of print media and/or Internet web pages, expressly or by implication, that they are authorized to diagnose, treat, prescribe for or prevent human disease or ailment by the use of drugs, surgery and/or physical manipulation. In truth and in fact, Arkansas does not license the practice of naturopathic medicine, and Defendants are therefore not authorized to offer any medical services to consumers.

(b) Since at least 1999, in numerous instances in connection with advertisements, promotions, and marketing, Defendants, directly through the use of print media, Internet web pages, or in person, have suggested, recommended, prescribed and/or administered various forms of treatment, operation, healing, relief, and/or cure of various physical and mental ailments and conditions of persons with the intent of receiving either directly or indirectly compensation. For example, each defendant offers to cure and or to instruct on curing human ailments through the use of various methods described fully in their respective advertisements.

(c) Since at least 1999, in numerous instances in connection with advertisements, promotions, and marketing, Defendants SCNM, Axley, HHA, and McCain have used various words to indicate and/or induce others to believe that they are engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect. For example, each defendant uses the initials "N.D." indicating a naturopathic doctoral degree. In addition, each defendant offers to confer a document stating that those who enroll and complete the offered study courses should be considered naturopathic doctors. Both practices are illegal, and calculated to indicate and/or induce others to believe that the Defendants are engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect.

(d) Since at least 1999, in numerous instances, in connection with advertisements, promotions, and marketing, Defendant SCNM has performed surgical operations on human beings. For example, SCNM states in its most recent student catalogue that it teaches through clinical sessions blood purification and detoxification, chelation therapy, and various other invasive medical techniques. These practices constitute surgery and are prohibited pursuant to ARK. CODE ANN. ¤ 17-95-202(2)(e).

WHEREFORE, the above premises considered, the State respectfully requests the following of this Honorable Court:

(A) Issue an injunction requiring Defendants to cease their employment of unconscionable, false, and deceptive acts and practices in their businesses, commerce, and trade;

(B) Issue an order requiring Defendants to cease any and all acts that are detrimental to the health, safety, security, and welfare of the people of the State of Arkansas;

(C) Issue an order requiring Defendants to pay restitution to those consumers who have enrolled in classes or otherwise sought the services of these Defendants in an amount to be proved at trial but which will exceed the amount necessary to confer federal-court diversity jurisdiction;

(D) Issue a civil penalty against Defendants in the amount of $10,000.00 per violation for each violation proved at the trial of this matter but which shall exceed the amount necessary to confer federal-court diversity jurisdiction; and

(E) Grant all other relief that may be just and appropriate.

Respectfully submitted,

STATE OF ARKANSAS, EX REL.
MARK PRYOR, ATTORNEY GENERAL

By: _______________________________

Lamar B. Davis Ark. Bar No. 01-244
Assistant Attorney General
323 Center Street, Suite 200
Little Rock, Arkansas 72212
(501) 682-2007

Brain G. Brooks, Ark. Bar No. 94-209
Senior Assistant Attorney General
Eric B. Estes Ark. Bar No. 98-210
Assistant Attorney General

Attorneys for Plaintiff

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This page was revised on September 27, 2002.