Illinois Compiled Statutes
225 ILCS 85/35.1 (2026)
(a) If any person violates the provision of this Act, the Secretary 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
✓ current as of May 2026
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(225 ILCS 85/35.1)
(from Ch. 111, par. 4155.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 35.1. (a) If any person violates the provision of this Act,
the Secretary
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) If any person shall practice as a pharmacist or hold himself
out
as a pharmacist or operate a pharmacy or drugstore, including a nonresident
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 Secretary, 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) 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. 100-497, eff. 9-8-17.)
Notes of Decisions
Cited in 2
cases, 1996–2015 · leading case: Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996).
Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). “Compare 740 ILCS 110/15 (West 1992) (person injured by violation of Confidentiality Act may sue for damages or injunctive relief) with 225 ILCS 85/30 (West 1992) (Department of Professional Regulation may revoke or suspend license of a pharmacist for violating Pharmacy Act) and…”
Medscript Pharmacy, LLC v. My Script, LLC, 77 F. Supp. 3d 788 (N.D. Ill. 2015). “" 225 ILCS 85/35.1(b). Medscript has alleged that ~t is a licensed pharmacy in Illinois and that My Script is not.”
— 225 ILCS 85/35.1(b) — 2 cases
Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). “Compare 740 ILCS 110/15 (West 1992) (person injured by violation of Confidentiality Act may sue for damages or injunctive relief) with 225 ILCS 85/30 (West 1992) (Department of Professional Regulation may revoke or suspend license of a pharmacist for violating Pharmacy Act) and…”
Medscript Pharmacy, LLC v. My Script, LLC, 77 F. Supp. 3d 788 (N.D. Ill. 2015). “" 225 ILCS 85/35.1(b). Medscript has alleged that ~t is a licensed pharmacy in Illinois and that My Script is not.”
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