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92_HB4916enr HB4916 Enrolled 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5 by changing Section 35.1 as follows: 6 (225 ILCS 85/35.1) (from Ch. 111, par. 4155.1) 7 (Section scheduled to be repealed on January 1, 2008) 8 Sec. 35.1.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 HB4916 Enrolled -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.