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2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 120/      Wholesale Drug Distribution Licensing Act.

    (225 ILCS 120/1) (from Ch. 111, par. 8301‑1)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 1. Short title. This Act may be cited as the Wholesale Drug Distribution Licensing Act.
(Source: P.A. 87‑594.)

    (225 ILCS 120/5) (from Ch. 111, par. 8301‑5)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 5. Scope. This Act applies to any person, partnership, corporation, or business firm engaging in the wholesale distribution of human prescription drugs within this State.
(Source: P.A. 87‑594.)

    (225 ILCS 120/10) (from Ch. 111, par. 8301‑10)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 10. Purpose. The purpose of this Act is to implement the Federal Prescription Drug Marketing Act of 1987 (PDMA), U.S. Pub. L. 100‑293, 102 Stat. 95, codified at U.S.C. Sec. 321 et seq.; and particularly PDMA requirements that no person or entity may engage in the wholesale distribution of human prescription drugs in any state unless the person or entity is licensed by that state in accordance with federally prescribed minimum standards, terms, and conditions as set forth in guidelines issued by United States Food and Drug Administration (FDA) regulations.
(Source: P.A. 87‑594.)

    (225 ILCS 120/15) (from Ch. 111, par. 8301‑15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 15. Definitions. As used in this Act:
    "Blood" means whole blood collected from a single donor and processed either for transfusion or further manufacturing.
    "Blood component" means that part of blood separated by physical or mechanical means.
    "Board" means the State Board of Pharmacy of the Department of Professional Regulation.
    "Department" means the Department of Professional Regulation.
    "Director" means the Director of Professional Regulation.
    "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.
    "Manufacturer" means anyone who is engaged in the manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug.
    "Person" means and includes a natural person, partnership, association or corporation.
    "Pharmacy distributor" means any pharmacy licensed in this State or hospital pharmacy that is engaged in the delivery or distribution of prescription drugs either to any other pharmacy licensed in this State or to any other person or entity including, but not limited to, a wholesale drug distributor engaged in the delivery or distribution of prescription drugs who is involved in the actual, constructive, or attempted transfer of a drug in this State to other than the ultimate consumer except as otherwise provided for by law.
    "Prescription drug" means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to subsection (b) of Section 503 of the Federal Food, Drug and Cosmetic Act.
    "Wholesale distribution" or "wholesale distributions" means distribution of prescription drugs to persons other than a consumer or patient, but does not include any of the following:
        (a) Intracompany sales, defined as any transaction
    
or transfer between any division, subsidiary, parent, or affiliated or related company under the common ownership and control of a corporate entity.
        (b) The purchase or other acquisition by a hospital
    
or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of a group organization.
        (c) The sale, purchase, or trade of a drug or an
    
offer to sell, purchase, or trade a drug by a charitable organization described in subsection (c)(3) of Section 501 of the U.S. Internal Revenue Code of 1954 to a nonprofit affiliate of the organization to the extent otherwise permitted by law.
        (d) The sale, purchase, or trade of a drug or an
    
offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control. For purposes of this Act, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, contract, or otherwise.
        (e) The sale, purchase, or trade of a drug or an
    
offer to sell, purchase, or trade a drug for emergency medical reasons. For purposes of this Act, "emergency medical reasons" include transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage.
        (f) The sale, purchase, or trade of a drug, an offer
    
to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription.
        (g) The distribution of drug samples by
    
manufacturers' representatives or distributors' representatives.
        (h) The sale, purchase, or trade of blood and blood
    
components intended for transfusion.
    "Wholesale drug distributor" means any person or entity engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers; own label distributors; jobbers; private label distributors; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail pharmacies that conduct wholesale distributions, including, but not limited to, any pharmacy distributor as defined in this Section. A wholesale drug distributor shall not include any for hire carrier or person or entity hired solely to transport prescription drugs.
(Source: P.A. 87‑594.)

    (225 ILCS 120/20) (from Ch. 111, par. 8301‑20)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 20. Prohibited drug purchases or receipt. It shall be unlawful for any person or entity to knowingly purchase or receive any prescription drug from any source other than a person or entity licensed under the laws of this State or the state of domicile except where otherwise provided. A person or entity licensed under the laws of this State shall include, but is not limited to, a wholesale distributor, manufacturer, pharmacy distributor, or pharmacy. Any person violating this Section shall, upon conviction, be adjudged guilty of a Class C misdemeanor. A second violation shall constitute a Class 4 felony.
(Source: P.A. 87‑594.)

    (225 ILCS 120/25)(from Ch. 111, par. 8301‑25)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 25. Wholesale drug distributor licensing requirements. All wholesale distributors and pharmacy distributors, wherever located, who engage in wholesale distribution into, out of, or within the State shall be subject to the following requirements:
    (a) No person or distribution outlet shall act as a wholesale drug distributor without first obtaining a license to do so from the Department and paying any reasonable fee required by the Department.
    (b) The Department may grant a temporary license when a wholesale drug distributor first applies for a license to operate within this State. A temporary license shall only be granted after the applicant meets the inspection requirements for regular licensure and shall remain valid until the Department finds that the applicant meets or fails to meet the requirements for regular licensure. Nevertheless, no temporary license shall be valid for more than 90 days from the date of issuance. Any temporary license issued under this subsection shall be renewable for a similar period of time not to exceed 90 days under policies and procedures prescribed by the Department.
    (c) No license shall be issued or renewed for a wholesale drug distributor to operate unless the wholesale drug distributor shall operate in a manner prescribed by law and according to the rules and regulations promulgated by the Department.
    (d) The Department may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this State, or for a parent entity with divisions, subsidiaries, and affiliate companies within this State when operations are conducted at more than one location and there exists joint ownership and control among all the entities.
    (e) As a condition for receiving and renewing any wholesale drug distributor license issued under this Act, each applicant shall satisfy the Department that it has and will continuously maintain:
        (1) acceptable storage and handling conditions plus
    
facilities standards;
        (2) minimum liability and other insurance as may be
    
required under any applicable federal or State law;
        (3) a security system that includes after hours,
    
central alarm or comparable entry detection capability; restricted premises access; adequate outside perimeter lighting; comprehensive employment applicant screening; and safeguards against employee theft;
        (4) an electronic, manual, or any other reasonable
    
system of records, describing all wholesale distributor activities governed by this Act for the 2 year period following disposition of each product and reasonably accessible during regular business hours as defined by the Department's rules in any inspection authorized by the Department;
        (5) officers, directors, managers, and other persons
    
in charge of wholesale drug distribution, storage, and handling who must at all times demonstrate and maintain their capability of conducting business according to sound financial practices as well as State and federal law;
        (6) complete, updated information, to be provided
    
the Department as a condition for obtaining and renewing a license, about each wholesale distributor to be licensed under this Act, including all pertinent licensee ownership and other key personnel and facilities information deemed necessary for enforcement of this Act. Any changes in this information shall be submitted at the time of license renewal or within 45 days from the date of the change;
        (7) written policies and procedures that assure
    
reasonable wholesale distributor preparation for, protection against and handling of any facility security or operation problems, including, but not limited to, those caused by natural disaster or government emergency; inventory inaccuracies or product shipping and receiving; outdated product or other unauthorized product control; appropriate disposition of returned goods; and product recalls;
        (8) sufficient inspection procedures for all
    
incoming and outgoing product shipments; and
        (9) operations in compliance with all federal legal
    
requirements applicable to wholesale drug distribution.
    (f) The Department shall consider, at a minimum, the following factors in reviewing the qualifications of persons who engage in wholesale distribution of prescription drugs in this State:
        (1) any conviction of the applicant under any
    
federal, State, or local laws relating to drug samples, wholesale or retail drug distribution, or distribution of controlled substances;
        (2) any felony convictions of the applicant under
    
federal, State, or local laws;
        (3) the applicant's past experience in the
    
manufacture or distribution of prescription drugs, including controlled substances;
        (4) the furnishing by the applicant of false or
    
fraudulent material in any application made in connection with drug manufacturing or distribution;
        (5) suspension or revocation by federal, State, or
    
local government of any license currently or previously held by the applicant for the manufacture or distribution of any drug, including controlled substances;
        (6) compliance with licensing requirements under
    
previously granted licenses, if any;
        (7) compliance with requirements to maintain and
    
make available to the Department or to federal, State, or local law enforcement officials those records required by this Act; and
        (8) any other factors or qualifications the
    
Department considers relevant to and consistent with the public health and safety, including whether the granting of the license would not be in the public interest.
        (9) All requirements set forth in this subsection
    
shall conform to wholesale drug distributor licensing guidelines formally adopted by the U.S. Food and Drug Administration (FDA). In case of conflict between any wholesale drug distributor licensing requirement imposed by the Department and any FDA wholesale drug distributor licensing guideline, the FDA guideline shall control.
    (g) An agent or employee of any licensed wholesale drug distributor need not seek licensure under this Section and may lawfully possess pharmaceutical drugs when the agent or employee is acting in the usual course of business or employment.
    (h) The issuance of a license under this Act shall not change or affect tax liability imposed by the State on any wholesale drug distributor.
    (i) A license issued under this Act shall not be sold, transferred, or assigned in any manner.
(Source: P.A. 94‑942, eff. 1‑1‑07.)

    (225 ILCS 120/26)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 26. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a wholesale drug distributor or pharmacy distributor without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)

    (225 ILCS 120/27)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 27. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 120/30) (from Ch. 111, par. 8301‑30)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 30. License renewal application procedures. Application blanks for renewal of any license required by this Act shall be mailed to each licensee at least 60 days before the license expires. If the application for renewal with the required fee is not received by the Department before the expiration date, the existing license shall lapse and become null and void. Failure to renew before the expiration date is cause for a late payment penalty, discipline, or both.
(Source: P.A. 87‑594.)

    (225 ILCS 120/35) (from Ch. 111, par. 8301‑35)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
    (a) The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration. The fees shall be nonrefundable.
    (b) All fees collected under this Act shall be deposited into the Illinois State Pharmacy Disciplinary Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act. Moneys in the Fund may be transferred to the Professions Indirect Cost Fund as authorized by Section 2105‑300 of the Department of Professional Regulation Law (20 ILCS 2105/2105‑300).
    The moneys deposited into the Illinois State Pharmacy Disciplinary Fund shall be invested to earn interest which shall accrue to the Fund.
    The Department shall present to the Board for its review and comment all appropriation requests from the Illinois State Pharmacy Disciplinary Fund. The Department shall give due consideration to any comments of the Board in making appropriation requests.
    (c) Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.
    (d) The Department shall maintain a roster of the names and addresses of all registrants and of all persons whose licenses have been suspended or revoked. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 91‑239, eff. 1‑1‑00; 92‑146, eff. 1‑1‑02; 92‑586, eff. 6‑26‑02.)

    (225 ILCS 120/40) (from Ch. 111, par. 8301‑40)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 40. Rules and regulations. The Department shall make any rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of this Act. Rules and regulations that incorporate and set detailed standards for meeting each of the license prerequisites set forth in Section 25 of this Act shall be adopted no later than September 14, 1992. All rules and regulations promulgated under this Section shall conform to wholesale drug distributor licensing guidelines formally adopted by the FDA at 21 C.F.R. Part 205. In case of conflict between any rule or regulation adopted by the Department and any FDA wholesale drug distributor guideline, the FDA guideline shall control.
(Source: P.A. 87‑594.)

    (225 ILCS 120/45) (from Ch. 111, par. 8301‑45)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 45. Wholesale Drug Distributor Advisory Committee. The Department shall appoint a Wholesale Drug Distributor Advisory Committee composed of 5 members, to be selected and for performing duties and responsibilities as follows:
    (a) At least one member shall be a pharmacy distributor as defined in Section 15 of this Act, but who shall be neither a member of any other Department of Professional Regulation Board nor a Department employee; except that if no such pharmacy distributor is available to be a Committee member, the member required by this subsection shall be a representative of wholesale drug distributors in addition to those representatives provided for in subsection (b).
    (b) At least 2 members shall be representatives of wholesale drug distributors as defined in Section 15 of this Act, except that the wholesale drug distributors in this subsection shall not include any drug manufacturer.
    (c) At least one member shall be a representative of drug manufacturers.
    (d) At least one member shall be a representative of chain drug wholesalers.
    (e) The Advisory Committee shall review and make recommendations to the Department on the merit of all rules and regulations dealing with wholesale drug distributors, pharmacy distributors, and drug manufacturers that are proposed by the Department. No rule or regulation affecting wholesale drug distributors or pharmacy distributors promulgated by the Department shall be approved without first being submitted to the Committee reasonably ahead of time for review and comment.
    (f) In making Advisory Committee appointments, the Department shall consider recommendations received from each of the wholesale drug distributor, pharmacy distributor, and drug manufacturer classes cited in subsections (a) through (c) of this Section; and shall promulgate rules that provide for solicitation of recommendations.
(Source: P.A. 87‑594.)

    (225 ILCS 120/50)(from Ch. 111, par. 8301‑50)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 50. Inspection powers; access to records.
    (a) Any pharmacy investigator authorized by the Department has the right of entry for inspection during normal business hours of premises purporting or appearing to be used by a wholesale drug distributor in this State. The duly authorized investigators shall be required to show appropriate identification before given access to a wholesale drug distributor's premises and delivery vehicles. Any wholesale drug distributor providing adequate documentation of the most recent satisfactory inspection less than 3 years old of the distributor's wholesale drug distribution activities and facilities by either the U.S. FDA, a State agency, or any person or entity lawfully designated by a State agency to perform an inspection determined to be comparable by the Department shall be exempt from further inspection for a period of time to be determined by the Department. The exemption shall not bar the Department from initiating an investigation of a public or governmental complaint received by the Department regarding a wholesale drug distributor. Wholesale drug distributors shall be given an opportunity to correct minor violations determined by these investigations.
    (b) Wholesale drug distributors may keep records regarding purchase and sales transactions at a central location apart from the principal office of the wholesale drug distributor or the location at which the drugs were stored and from which they were shipped, provided that the records shall be made available for inspection within 2 working days of a request by the Department. The records may be kept in any form permissible under federal law applicable to prescription drugs record keeping.
    (c) (Blank).
(Source: P.A. 94‑942, eff. 1‑1‑07.)

    (225 ILCS 120/55)(from Ch. 111, par. 8301‑55)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 55. Discipline; grounds.
    (a) The Department may refuse to issue, restore, or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem proper for any of the following reasons:
        (1) Violation of this Act or its rules.
        (2) Aiding or assisting another person in violating
    
any provision of this Act or its rules.
        (3) Failing, within 60 days, to respond to a written
    
requirement made by the Department for information.
        (4) Engaging in dishonorable, unethical, or
    
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.
        (5) Discipline by another U.S. jurisdiction or
    
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.
        (6) Selling or engaging in the sale of drug samples
    
provided at no cost by drug manufacturers.
        (7) Conviction of the applicant or licensee, or any
    
officer, director, manager or shareholder who owns more than 5% of stock, in State or federal court of any crime that is a felony.
        (8) Habitual or excessive use or addiction to
    
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to function with reasonable judgment, skill, or safety.
    (b) The Department may refuse to issue, restore, or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem property including fines not to exceed $1000 for any of the following reasons:
        (1) Material misstatement in furnishing information
    
to the Department.
        (2) Making any misrepresentation for the purpose of
    
obtaining a license.
        (3) A finding by the Department that the licensee,
    
after having his or her license placed on probationary status, has violated the terms of probation.
        (4) A finding that licensure or registration has
    
been applied for or obtained by fraudulent means.
        (5) Willfully making or filing false records or
    
reports.
        (6) A finding of a substantial discrepancy in a
    
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.
    (c) 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.
    (d) 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.
(Source: P.A. 94‑556, eff. 9‑11‑05.)

    (225 ILCS 120/60) (from Ch. 111, par. 8301‑60)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 60. Wholesaler licensing; complaints. The Department may refuse to issue a license to establish a new licensed wholesale drug distributorship, if an owner of the wholesale drug distributorship applying for a license was an owner of a wholesale drug distributorship that had its license revoked, unless the owner presents sufficient evidence indicating rehabilitation. Once a complaint has been filed by the Department against a wholesale drug distributorship the Department may refuse to issue a license to establish a new licensed wholesale drug distributorship, until such time as the Department issues a decision on the complaint if an owner of the new wholesale drug distributorship was also an owner of a wholesale drug distributorship against which the complaint was filed. Neither an application for change of ownership nor for a change of location for any such wholesale drug distributorship shall be acted on by the Department until such time as the Department issues a decision on the complaint. In the event that the wholesale drug distributorship against which the complaint has been filed ceases to be licensed by the Department, for any reason, before the Department's decision on the complaint and an owner or that wholesale drug distributorship applies for a license to establish a new wholesale drug distributorship, the Department shall conduct a hearing on the complaint earlier filed, regardless of whether that wholesale drug distributorship is presently licensed by the Department. If the conduct for which the complaint was originally filed would have been sufficient to result in a revocation of a license to operate a licensed wholesale drug distributorship, then the conduct shall constitute sufficient grounds for denial of an application for a license.
(Source: P.A. 87‑594.)

    (225 ILCS 120/65) (from Ch. 111, par. 8301‑65)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 65. Pending disciplinary proceeding. The Department shall render no final administrative decision relative to any application for a license or certificate of registration under this Act if the applicant for the license or certificate of registration is the subject of a pending disciplinary proceeding under this Act or another Act administered by the Department. For purposes of this Section "applicant" means an individual or sole proprietor, or an individual who is an officer, director, or owner of a 5% or more beneficial interest in the applicant.
(Source: P.A. 87‑594.)

    (225 ILCS 120/70) (from Ch. 111, par. 8301‑70)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 70. Immediate suspension of license or registration; hearing. The Director may, upon receipt of a written communication from the Secretary of Human Services or the Director of Public Health that continuation of practice of a person licensed or registered under this Act constitutes an immediate danger to the public, immediately suspend the license or registration of that person without a hearing. In instances in which the Director immediately suspends a license or registration under this Section, a hearing upon the person's license must be convened by the Board within 15 days after the suspension and completed without appreciable delay. The hearing shall be held to determine whether to recommend to the Director that the person's license be revoked, suspended, placed on probationary status, or reinstated, or that the person be subject to other disciplinary action. In the hearing, the written communication and any other evidence submitted with the communication may be introduced as evidence against the person. The person or his or her counsel shall have the opportunity to discredit or impeach such evidence and submit rebuttal evidence.
(Source: P.A. 89‑507, eff. 7‑1‑97.)

    (225 ILCS 120/75) (from Ch. 111, par. 8301‑75)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 75. Automatic suspension. The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. The suspension shall end only upon (i) a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient and (ii) the recommendation of the Board to the Director that the licensee be allowed to resume his or her practice.
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (225 ILCS 120/80) (from Ch. 111, par. 8301‑80)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 80. Violations of Act.
    (a) If any person violates the provisions 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 the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in the court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the 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) Whoever knowingly conducts business as a wholesale drug distributor in this State without being appropriately licensed under this Act shall be guilty of a Class A misdemeanor for a first violation and for each subsequent conviction shall be guilty of a Class 4 felony.
    (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 immediately.
(Source: P.A. 87‑594.)

    (225 ILCS 120/85) (from Ch. 111, par. 8301‑85)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 85. Investigations; notice of disciplinary hearing. The Department may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license or registration. Before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Department may deem proper with regard to any license or certificate, at least 30 days before the date set for the hearing, the Department shall (i) notify the accused in writing of any charges made and the time and place for a hearing of the charges before the Board, (ii) direct him or her to file a written answer to the charges with the Board under oath within 20 days after the service of the notice, and (iii) inform the accused that if he or she fails to file an answer default will be taken against him or her and his or her license or certificate may be suspended, revoked, placed on probationary status, or have other disciplinary action, including limiting the scope, nature or extent of business, as provided for in this Act. The written notice may be served by personal delivery or certified or registered mail to the respondent at the address of last notification to the Department. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any statements, testimony, evidence and argument that may be pertinent to the charges or to their defense. The hearing may be continued from time to time. In case the accused person, after receiving notice, fails to file an answer, his or her license or certificate may in the discretion of the Director, having received first the recommendation of the Board, be suspended, revoked, placed on probationary status, or the Director may take whatever disciplinary action as he or she may deem proper as provided in this Act, including limiting the scope, nature, or extent of the person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
(Source: P.A. 87‑594.)

    (225 ILCS 120/90) (from Ch. 111, par. 8301‑90)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 90. Record of proceedings. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a license or discipline of a licensee. The notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board or hearing officer, and orders of the Department shall be the record of the proceeding.
(Source: P.A. 87‑594.)

    (225 ILCS 120/95) (from Ch. 111, par. 8301‑95)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 95. Order requiring attendance of witnesses and production of evidence. Any circuit court may, upon application of the Department or its designee or of the applicant or licensee against whom proceedings of this Act are pending, enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 87‑594.)

    (225 ILCS 120/100) (from Ch. 111, par. 8301‑100)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 100. Subpoena power; administration of oaths. The Department shall have power to subpoena and bring before it any person in this State and to take testimony, either orally or by deposition or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.
    The Director and any member of the Board shall each have power to administer oaths to witnesses at any hearing which the Department is authorized to conduct under this Act, and any other oaths required or authorized to be administered by the Department under this Act.
(Source: P.A. 87‑594.)

    (225 ILCS 120/105) (from Ch. 111, par. 8301‑105)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 105. Report of findings and recommendation. At the conclusion of the hearing, the Board shall present to the Director a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply and shall make its recommendations to the Director.
    The report of findings of fact, conclusion of law, and recommendations of the Board shall be the basis for the Department's order for refusal or for the granting of a license or registration. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.
(Source: P.A. 87‑594.)

    (225 ILCS 120/110) (from Ch. 111, par. 8301‑110)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 110. Hearing officers; appointment. Notwithstanding any other provision of this Act, the Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action before the Board for refusal to issue or renew a license, or the discipline of a licensee. The Director shall notify the Board of any such appointment. The hearing officer shall have full authority to conduct the hearing. There shall be present at least one member of the Board at any such hearing. The hearing officer shall report his findings of fact, conclusions of law, and recommendations to the Board and the Director. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Director. If the Board fails to present its report within the 60 day period, the Director may issue an order based on report of the hearing officer. However, if the Board does present its report within the specified 60 days, the Director's order shall be based upon the report of the Board.
(Source: P.A. 87‑594.)

    (225 ILCS 120/115) (from Ch. 111, par. 8301‑115)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 115. Motion for rehearing. In any case involving the refusal to issue, renew, or discipline of a license or registration, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after service, the respondent may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing a motion, or if a motion for rehearing is denied, then upon denial the Director may enter an order in accordance with recommendations of the Board. If the respondent orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which a motion may be filed shall commence upon the delivery of the transcript to the respondent.
(Source: P.A. 87‑594.)

    (225 ILCS 120/120) (from Ch. 111, par. 8301‑120)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 120. Rehearing by order of Director. Whenever the Director is satisfied that substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license or registration, the Director may order a rehearing by the same hearing office or Board.
(Source: P.A. 87‑594.)

    (225 ILCS 120/125) (from Ch. 111, par. 8301‑125)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 125. Board recommendations to Director; disagreement. None of the disciplinary functions, powers, and duties enumerated in this Act shall be exercised by the Department except upon the action and report in writing of the Board, except as otherwise provided in this Act.
    In all instances under this Act in which the Board has rendered a recommendation to the Director with respect to a particular license or certificate, the Director shall, in the event that he or she disagrees with or takes action contrary to the recommendation of the Board, file with the Board and Secretary of State his or her specific written reasons for disagreement with the Board. These reasons shall be filed within 30 days after the Director taking the contrary position.
    The action and report in writing of a majority of the Board is sufficient authority upon which the Director may act.
(Source: P.A. 87‑594.)

    (225 ILCS 120/130) (from Ch. 111, par. 8301‑130)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 130. State liability for disciplinary action without reasonable basis. In the event that the Department's order of revocation, suspension, placing the licensee on probationary status, or other order or formal disciplinary action is without any reasonable basis, then the State of Illinois shall be liable to the injured party for those special damages suffered as a direct result of such order.
(Source: P.A. 87‑594.)

    (225 ILCS 120/135) (from Ch. 111, par. 8301‑135)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 135. Disciplinary consent orders. Notwithstanding the provisions of this Act concerning the conduct of hearings and recommendations for disciplinary actions, the Director shall have the authority to negotiate agreements with licensees and registrants resulting in disciplinary consent orders. Consent orders may provide for any of the forms of discipline otherwise provided in this Act. Consent orders shall provide that they were not entered into a result of any coercion by the Department. The Director shall forward copies of all final consent orders to the Board within 30 days after their entry.
(Source: P.A. 87‑594.)

    (225 ILCS 120/140) (from Ch. 111, par. 8301‑140)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 140. Orders; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that:
        (a) the signature is the genuine signature of the
    
Director;
        (b) the Director is duly appointed and qualified; and
        (c) the Board and its members are qualified to act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (225 ILCS 120/145) (from Ch. 111, par. 8301‑145)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 145. Restoration of certificate. At any time after suspension or revocation of any certificate, the Department may restore it to the accused person upon the written recommendation of the Board.
(Source: P.A. 87‑594.)

    (225 ILCS 120/150) (from Ch. 111, par. 8301‑150)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 150. Surrender of license or registration. Upon the revocation or suspension of any license or registration, the holder shall immediately surrender the license or registration to the Department and if the licensee fails to do so, the Department shall have the right to seize the license or certificate.
(Source: P.A. 87‑594.)

    (225 ILCS 120/155) (from Ch. 111, par. 8301‑155)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 155. Temporary suspension of license; hearing. The Director may temporarily suspend licensure as a wholesale drug distributor, without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 85 of this Act, if the Director finds that evidence in his or her possession indicates that a continuation in business would constitute an imminent danger to the public. In the event that the Director temporarily suspends a license or certificate without a hearing, a hearing by the Department must be held within 10 days after the suspension has occurred and be concluded without appreciable delay.
(Source: P.A. 87‑594.)

    (225 ILCS 120/160) (from Ch. 111, par. 8301‑160)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 160. Administrative Review Law; venue. All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
    Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if the party is not a resident of this State, the venue shall be in Sangamon County.
(Source: P.A. 87‑594.)

    (225 ILCS 120/165) (from Ch. 111, par. 8301‑165)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 165. Certification of record; receipt for costs. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which costs shall be computed at the rate of 25 cents per page of such record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 87‑594.)

    (225 ILCS 120/170)(from Ch. 111, par. 8301‑170)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 170. Penalties. Any person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony. All criminal fines, monies, or property collected or received by the Department under this Section or any other State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the Professional Regulation Evidence Fund.
(Source: P.A. 94‑556, eff. 9‑11‑05.)

    (225 ILCS 120/175) (from Ch. 111, par. 8301‑175)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 175. Administrative procedure. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated as if the provisions of that Act were included in this Act, except that the provision of paragraph (d) of Section 10‑65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license, is specifically excluded. For the purpose of this Act, the notice required under Section 10‑25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 87‑594; 88‑670, eff. 12‑2‑94.)

    (225 ILCS 120/180) (from Ch. 111, par. 8301‑180)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 180. Conflict of laws. In the event of a conflict between any provision of this Act and the Mental Health and Developmental Disabilities Confidentiality Act, the provisions of this Act shall govern.
(Source: P.A. 87‑594.)

    (225 ILCS 120/185) (from Ch. 111, par. 8301‑185)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 185. Home rule preemption. The regulation and licensing of wholesale drug distributors are exclusive powers and functions of the State. A home rule unit may not regulate or license wholesale drug distributors. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 87‑594.)

    (225 ILCS 120/195) (from Ch. 111, par. 8301‑195)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 195. Effective date. This Act shall take effect upon becoming law.
(Source: P.A. 87‑594.)

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