HB6766 93RD GENERAL ASSEMBLY

LRB093 19731 AMC 45472 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6766

Introduced 02/09/04, by Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 85/35.2

from Ch. 111, par. 4155.2

Amends the Pharmacy Practice Act of 1987. Provides that the Department of Professional Regulation in an investigation of an applicant or licensed or registered person shall provide notice to the accused at least 40 (rather than 30) days prior to the date set for the hearing. Provides that the accused has 30 (rather than 20) days after service of the notice to file a written answer.

A BILL FOR

AN ACT concerning professional regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Pharmacy Practice Act of 1987 is amended by changing Section 35.2 as follows:

(225 ILCS 85/35.2) (from Ch. 111, par. 4155.2)

(Section scheduled to be repealed on January 1, 2008)

Sec. 35.2. The Department's pharmacy investigators may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license or registration. The Department shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Department may deem proper with regard to any license or certificate, at least 40 30 days prior to the date set for the hearing, notify the accused in writing of any charges made and the time and place for a hearing of the charges before the Board, direct him to file his written answer thereto to the Board under oath within 30 20 days after the service on him of such notice and inform him that if he fails to file such answer default will be taken against him and his license or certificate may be suspended, revoked, placed on probationary status, or have other disciplinary action, including limiting the scope, nature or extent of his practice, provided for herein. Such written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his last notification to the Department. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence and argument as may be pertinent to the charges or to the defense thereto. Such hearing may be continued from time to time. In case the accused person, after receiving notice, fails to file an answer, his license or certificate may in the discretion of the Director, having received first the recommendation of the Board, be suspended, revoked, placed on probationary status, or the Director may take whatever disciplinary action as he may deem proper as provided herein, including limiting the scope, nature, or extent of said person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.

(Source: P.A. 88-428.)