(225 ILCS 60/61) (from Ch. 111, par. 4400-61)
(Section scheduled to be repealed on January 1, 2027)
Sec. 61.
The practice of medicine in all of its
branches or the treatment of human ailments without the use
of drugs and without operative surgery by any person not at
that time holding a valid and current license under this Act
to do so is hereby declared to be inimical to the public
welfare and to constitute a public nuisance. The Secretary
of the Department, the Attorney General of the State of
Illinois, the State's Attorney of any County in the State,
or any resident citizen may maintain an action in the name
of the people of the State of Illinois, may apply for an
injunction in the circuit court to enjoin any such person
from engaging in such practice; and, 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 to do so, may issue a temporary restraining
order or preliminary injunction without notice or bond,
enjoining the defendant from any such further practice. A
copy of the verified complaint shall be served upon the
defendant and the proceedings shall thereafter be conducted
as in other civil cases. If it be 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 engaging in 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 complaint, service of process, witness fees
and expenses, court reporter charges and reasonable
attorneys fees. In case of violation of any injunction
entered 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 in this Act provided.
(Source: P.A. 97-622, eff. 11-23-11.)
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