(225 ILCS 85/31) (from Ch. 111, par. 4151)
(Section scheduled to be repealed on January 1, 2028)
Sec. 31.
The
Department may refuse to issue a license to establish a new licensed
pharmacy if an owner of the pharmacy applying for a license was an
owner of a pharmacy that had its license revoked, unless the owner
presents sufficient evidence indicating rehabilitation. Once a complaint
has been filed by the Department against a pharmacy the Department
may refuse to issue a license to establish a new licensed pharmacy,
until such time as the Department issues a decision on the complaint,
if an owner of the new pharmacy was also an owner of a pharmacy against
which the complaint was filed. Neither an application for change of
ownership nor for a change of location for any such pharmacy shall be acted
on by the Department until such time as the Department issues a decision
on the complaint. In the event that the pharmacy against which the
complaint has been filed ceases to be licensed by the Department, for
any reason, prior to the Department's decision on the complaint and
an owner of that pharmacy applies for a license to establish a new
pharmacy, the Department shall conduct a hearing on the complaint earlier
filed, regardless of whether that pharmacy is presently licensed by
the Department. If the conduct for which the complaint was originally
filed would have been sufficient to result in a revocation of a license
to operate a license pharmacy, then such conduct shall constitute sufficient
grounds for denial of an application for a license.
For purposes of this Section "owner" means a sole proprietor, partner
or a shareholder who owns in excess of 5 percent of the outstanding
shares of a corporation, or the spouse or children of such sole proprietor,
partner or shareholder. The provision of this Section shall not apply
to any pharmacy owned by a corporation whose shares of stock are publicly
traded on a national stock exchange.
(Source: P.A. 85-796 .)
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