(1) If an individual, person, firm, association, or other entity, after service upon him, her, or it of a cease-and-desist order issued by the department under section 25-50-107, persists in prescribing, recommending, or using the drug, medicine, compound, or device described in the cease-and-desist order, or a substantially similar drug, medicine, compound, or device, the district court in any county, on application of the department and when satisfied by a preponderance of the evidence that the written findings of fact required of the department by section 25-50-107 are true, may issue an order to show cause why there should not be issued an injunction or other appropriate order restraining the individual, person, firm, association, or other entity from holding out either expressly or impliedly the drug, medicine, compound, or device, or any substantially similar drug, medicine, compound, or device, as being of a value in the treatment, diagnosis, alleviation, or cure of cancer. After a hearing on the order to show cause, an injunction or other appropriate restraining order may be issued.
(2) Any person against whom an injunction has been issued, under subsection (1) of this section, may not undertake to use in the diagnosis, treatment, or cure of cancer any new, experimental, untested, or secret drug, medicine, compound, or device without first submitting it to the department for investigation and testing.
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