Illinois Compiled Statutes
225 ILCS 85/23 (2026)
It is unlawful for a pharmacist or pharmacy to pay or promise to pay to any person who owns, operates, manages or is an employee of a hospital, nursing home or other health care facility or to any person authorized by law to prescribe drugs or to any entity in which a person authorized by law to prescribe drugs holds an interest, any rebate, refund, discount, commission or other valuable consideration for, on account of, or based upon income received or resulting from the sale or furnishing by any such pharmacy of drugs or devices, prescriptions or any other service to patients of the above specified persons, organizations or facilities
✓ current as of May 2026
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(225 ILCS 85/23)
(from Ch. 111, par. 4143)
(Section scheduled to be repealed on January 1, 2028)
Sec. 23.
It is unlawful for a pharmacist or pharmacy to pay or
promise to pay to any person who owns, operates, manages or is an employee
of a hospital, nursing home or other health care facility or to any
person authorized by law to prescribe drugs or to any entity in which
a person authorized by law to prescribe drugs holds an interest, any
rebate, refund, discount, commission or other valuable consideration
for, on account of, or based upon income received or resulting from
the sale or furnishing by any such pharmacy of drugs or devices, prescriptions
or any other service to patients of the above specified persons, organizations
or facilities.
This shall not be deemed to include rent or other remunerations paid
to an individual, partnership, or corporation by a pharmacist or pharmacy
for the lease, rental, or use of space, owned or controlled, by the
individual, partnership or corporation.
(Source: P.A. 85-796.)
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2004–2025 · leading case: Johnson v. Matrix Fin. Servs. Corp., 820 N.E.2d 1094 (Ill. App. Ct. 2004).
Johnson v. Matrix Fin. Servs. Corp., 820 N.E.2d 1094 (Ill. App. Ct. 2004). “See 225 ILCS 85/23 (West 2002) (making it unlawful for a pharmacist or pharmacy to offer a kickback to hospitals, doctors, and anyone else authorized to prescribe drugs for steering business to that pharmacist or pharmacy); 305 ILCS 5/8A—3 (West 2002) (criminalizing any kickback…”
High Concept Holdings, Inc. v. Precision Body Works, Inc., 2025 IL App (1st) 250338-U (Ill. App. Ct. 2025). “70 (West 2014) (corporate kickbacks and bribery); 225 ILCS 85/23 (West 2002) (pharmacy practice); 305 ILCS 5/8A–3 (West 2002) (public aid); 305 ILCS 5/8A–16(5) (West 2002) (healthcare); 720 ILCS 5/33E–7 (West 2002) (public contracts).”
Johnson v. Matrix Fin. Servs. Corp. (Ill. App. Ct. 2004). “See 225 ILCS 85/23 (West 2002) (making it unlawful for a pharmacist or pharmacy to offer a kickback to hospitals, doctors, and anyone else authorized to prescribe drugs for steering business to that pharmacist or pharmacy); 305 ILCS 5/8A-3 (West 2002) (criminalizing any kickback…”
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