Illinois Compiled Statutes
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225 ILCS 80/26.1
(225 ILCS 80/26.1)
(from Ch. 111, par. 3926.1)
(Section scheduled to be repealed on January 1, 2027)
Injunctions; criminal offenses; cease and desist orders.
(a) If any person violates the provision of this Act, the
Secretary may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois, or the State's Attorney of
any county in which the action is brought, petition for an order enjoining
such violation or for an order enforcing compliance with this Act. Upon
the filing of a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin such violation, and if it is established that such
person has violated or is violating the injunction, the Court may punish
the offender for contempt of court. Proceedings under this Section shall
be in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If any person shall practice as an optometrist or hold himself or
herself out as
an optometrist without being licensed under the provisions of this Act
then any licensed optometrist, any interested party or any person injured
thereby may, in addition to the Secretary, petition for relief as provided
in subsection (a) of this Section.
Whoever knowingly practices or offers to practice optometry in this State
without being licensed for that purpose shall be guilty of a Class A
misdemeanor and for each subsequent conviction, shall be guilty of a Class
4 felony. Notwithstanding any other provision of this Act, all
criminal fines, monies, or other property collected or received by
the Department under this Section or any other State or federal statute,
including, but not limited to, property forfeited to the Department under
Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited
into the Optometric Licensing and Disciplinary Board Fund.
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against him. The rule shall
clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction
of the Department shall cause an order to cease and desist to be issued
(Source: P.A. 94-556, eff. 9-11-05; 94-787, eff. 5-19-06