Illinois Compiled Statutes 225 ILCS 120/55 – Discipline; grounds
Current as of: 2024 | Check for updates
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(a) The Department may refuse to issue, restore, or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $10,000 for each violation, with regard to any applicant or licensee or any officer, director, manager, or shareholder who owns 5% or more interest in the business that holds the license for any one or a combination of the following reasons:
(1) Violation of this Act or of the rules adopted
(1) Violation of this Act or of the rules adopted
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under this Act.
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(2) Aiding or assisting another person in violating
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any provision of this Act or the rules adopted under this Act.
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(3) Failing, within 60 days, to provide information
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in response to a written requirement made by the Department.
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(4) Engaging in dishonorable, unethical, or
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unprofessional conduct of a character likely to deceive, defraud, or harm the public. This includes violations of “good faith” as defined by the Illinois Controlled Substances Act and applies to all prescription drugs.
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(5) Discipline by another U.S. jurisdiction or
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foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
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(6) Selling or engaging in the sale of drug samples
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provided at no cost by drug manufacturers.
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(7) Conviction by plea of guilty or nolo contendere,
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finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of this profession.
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(8) Habitual or excessive use or addiction to
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alcohol, narcotics, stimulants, or any other chemical agent or drug by the designated representative, as provided for in item (7) of subsection (b) of Section 25 of this Act, any officer, or director that results in the inability to function with reasonable judgment, skill, or safety.
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(9) Material misstatement in furnishing information
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to the Department.
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(10) A finding by the Department that the licensee,
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after having his or her license placed on probationary status, has violated the terms of probation.
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(11) Fraud or misrepresentation in applying for, or
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procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
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(12) Willfully making or filing false records or
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reports.
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(13) A finding of a substantial discrepancy in a
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Department audit of a prescription drug, including a controlled substance as that term is defined in this Act or in the Illinois Controlled Substances Act.
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(14) Falsifying a pedigree or selling, distributing,
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transferring, manufacturing, repackaging, handling, or holding a counterfeit prescription drug intended for human use.
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(15) Interfering with a Department investigation.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-30
(16) Failing to adequately secure controlled
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 felony | between 4 and 15 years | up to $25,000 |
Terms Used In Illinois Compiled Statutes 225 ILCS 120/55
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Verdict: The decision of a petit jury or a judge.
(16) Failing to adequately secure controlled
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substances or other prescription drugs from diversion.
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(17) Acquiring or distributing prescription drugs not
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obtained from a source licensed by the Department.
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(18) Failing to properly store drugs.
(19) Failing to maintain the licensed premises with
(19) Failing to maintain the licensed premises with
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proper storage and security controls.
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(b) The Department may refuse to issue or may suspend the license or registration of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the time the requirements of the tax Act are satisfied.
(c) The Department shall revoke the license or certificate of registration issued under this Act or any prior Act of this State of any person who has been convicted a second time of committing any felony under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act or who has been convicted a second time of committing a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A person whose license or certificate of registration issued under this Act or any prior Act of this State is revoked under this subsection (c) shall be prohibited from engaging in the practice of pharmacy in this State.
(c) The Department shall revoke the license or certificate of registration issued under this Act or any prior Act of this State of any person who has been convicted a second time of committing any felony under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act or who has been convicted a second time of committing a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A person whose license or certificate of registration issued under this Act or any prior Act of this State is revoked under this subsection (c) shall be prohibited from engaging in the practice of pharmacy in this State.