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. 
















LRB093 19731 AMC 45472 b

















 


 


A BILL FOR









 











HB6766

LRB093 19731 AMC 45472 b






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    AN ACT concerning professional regulation.

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


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



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



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    (Section scheduled to be repealed on January 1, 2008)

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    Sec. 35.2. The Department's pharmacy investigators
may 
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investigate the actions of any applicant or of any person or 
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persons
holding or claiming to hold a license or registration.  
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The Department
shall, before suspending, revoking, placing on 
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probationary status,
or taking any other disciplinary action as 
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the Department may deem
proper with regard to any license or 
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certificate, at least 40
30 days
prior to the date set for the 
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hearing, notify the accused in writing
of any charges made and 
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the time and place for a hearing of the charges
before the 
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Board, direct him to file his written answer thereto to
the 
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Board under oath within 30
20 days after the service on him of 
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such
notice and inform him that if he fails to file such answer 
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default
will be taken against him and his license or 
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certificate may be suspended,
revoked, placed on probationary 
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status, or have other disciplinary
action, including limiting 
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the scope, nature or extent of his practice,
provided for 
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herein.  Such written notice may be served by personal
delivery 
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or certified or registered mail to the respondent at the 
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address
of his last notification to the Department.  At the time 
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and place
fixed in the notice, the Board shall proceed to hear 
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the charges and
the parties or their counsel shall be accorded 
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ample opportunity to
present such statements, testimony, 
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evidence and argument as may be
pertinent to the charges or to 
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the defense thereto.  Such hearing may
be continued from time to 
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time.  In case the accused person, after
receiving notice, fails 
 


 






HB6766
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LRB093 19731 AMC 45472 b




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to file an answer, his license or certificate
may in the 
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discretion of the Director, having received first the 
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recommendation
of the Board, be suspended, revoked, placed on 
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probationary status,
or the Director may take whatever 
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disciplinary action as he may deem
proper as provided herein, 
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including limiting the scope, nature, or
extent of said 
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person's practice, without a hearing, if the act or
acts 
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charged constitute sufficient grounds for such action under 
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this
Act.

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