State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ]


92_HB4916

 
                                               LRB9212184ACsb

 1        AN ACT concerning professional regulation.

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

 4        Section 5.  The Pharmacy Practice Act of 1987 is  amended
 5    by changing Section 35.1 as follows:

 6        (225 ILCS 85/35.1) (from Ch. 111, par. 4155.1)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec. 35.1. (a)a)  If any person violates the provision of
 9    this  Act, the Director may, in the name of the People of the
10    State of Illinois, through the Attorney General of the  State
11    of  Illinois,  or the State's Attorney of any county in which
12    the action is brought, petition, for an order enjoining  such
13    violation or for an order enforcing compliance with this Act.
14    Upon  the  filing  of  a verified petition in such court, the
15    court may issue a temporary restraining order, without notice
16    or bond, and may preliminarily and  permanently  enjoin  such
17    violation,  and  if  it  is  established that such person has
18    violated or is violating the injunction, the Court may punish
19    the offender for contempt of court.  Proceedings  under  this
20    Section  shall  be  in  addition  to, and not in lieu of, all
21    other remedies and penalties provided by this Act.
22        (b)b)  If any person shall practice as  a  pharmacist  or
23    hold  himself  out  as  a pharmacist or operate a pharmacy or
24    drugstore, including a mail-order pharmacy under Section 16a,
25    without being licensed under the provisions of this Act, then
26    any licensed pharmacist, any interested party or  any  person
27    injured  thereby  may,  in addition to the Director, petition
28    for relief as provided in subsection (a) of this Section.
29        Whoever knowingly practices or offers to practice in this
30    State without  being  appropriately  licensed  or  registered
31    under  this  Act shall be guilty of a Class A misdemeanor and
 
                            -2-                LRB9212184ACsb
 1    for each subsequent conviction, shall be guilty of a Class  4
 2    felony.
 3        (c)c)  Whenever  in  the  opinion  of  the Department any
 4    person not licensed in good standing under this Act  violates
 5    any provision of this Act, the Department may issue a rule to
 6    show  cause  why  an  order to cease and desist should not be
 7    entered against him.  The rule shall clearly  set  forth  the
 8    grounds  relied  upon  by  the Department and shall provide a
 9    period of 7 days from the date of the rule to file an  answer
10    to  the satisfaction of the Department.  Failure to answer to
11    the satisfaction of the Department shall cause  an  order  to
12    cease and desist to be issued forthwith.
13    (Source: P.A. 85-796.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

[ Top ]