State of Illinois
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92nd General Assembly

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    (Section scheduled to be repealed on January 1, 2008)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