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Public Act 92-0678
HB4916 Enrolled LRB9212184ACsb
AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act of 1987 is amended
by changing Section 35.1 as follows:
(225 ILCS 85/35.1) (from Ch. 111, par. 4155.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 35.1. (a)a) If any person violates the provision of
this Act, the Director may, in the name of the People of the
State of Illinois, through the Attorney General of the State
of Illinois, or the State's Attorney of any county in which
the action is brought, petition, for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in such court, the
court may issue a temporary restraining order, without notice
or bond, and may preliminarily and permanently enjoin such
violation, and if it is established that such person has
violated or is violating the injunction, the Court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b)b) If any person shall practice as a pharmacist or
hold himself out as a pharmacist or operate a pharmacy or
drugstore, including a mail-order pharmacy under Section 16a,
without being licensed under the provisions of this Act, then
any licensed pharmacist, any interested party or any person
injured thereby may, in addition to the Director, petition
for relief as provided in subsection (a) of this Section.
Whoever knowingly practices or offers to practice in this
State without being appropriately licensed or registered
under this Act shall be guilty of a Class A misdemeanor and
for each subsequent conviction, shall be guilty of a Class 4
felony.
(c)c) Whenever in the opinion of the Department any
person not licensed in good standing under this Act violates
any provision of this Act, the Department may issue a rule to
show cause why an order to cease and desist should not be
entered against him. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer
to the satisfaction of the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued forthwith.
(Source: P.A. 85-796.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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