(225 ILCS 110/28) (from Ch. 111, par. 7928)
(Section scheduled to be repealed on January 1, 2028)
Sec. 28. Injunction. The practice
of
speech-language
pathology or audiology by any person not holding a valid and current license
under this Act
or a person performing the functions and duties of a speech-language
pathology assistant without a valid and current license under this Act,
is declared to be inimical to the public welfare, to constitute
a public nuisance, and to cause irreparable harm to the public welfare.
The Secretary, the Attorney General, the State's attorney of any county in
the State or any person may maintain an action in the name of the People
of the State of Illinois, and may apply for an injunction in any circuit
court to enjoin any such person from engaging in such practice. Upon
the filing of a verified petition in such court, the court or any judge
thereof, if satisfied by affidavit, or otherwise, that such person has been
engaged in such
practice without a valid and current license, may issue a temporary
injunction without notice or bond, enjoining the defendant from any such
further practice. Only the showing of nonlicensure, by affidavit or
otherwise, is necessary in order for a temporary injunction to issue. A
copy of the verified complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil cases except as
modified by this Section. If it is established that the defendant has been,
or is engaged in any such unlawful practice, the court, or any judge
thereof, may enter an order or judgment perpetually enjoining the defendant
from further such practice. In all proceedings hereunder, the court, in its
discretion, may apportion the costs among the parties interested in the
suit, including cost of filing the complaint, service of process, witness
fees and expenses, court reporter charges and reasonable attorneys' fees.
In case of violation of any injunction issued under the provisions of this
Section, the court or any judge thereof may summarily try and
punish the
offender for contempt of court. Such injunction proceedings shall be in
addition to, and not in lieu of, all penalties and other remedies provided in
this Act.
(Source: P.A. 95-465, eff. 8-27-07.)
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