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Wilson v. Illinois Department of Professional Regulation

Case Date: 10/19/2000
Court: 1st District Appellate
Docket No: 1-00-0152 Rel

FOURTH DIVISION

FILED: 10/19/00

No. 1-00-0152

DONALD G. WILSON, JR. and ABLIN
PHARMACY,

          Plaintiffs-Appellees,

                    v.

THE ILLINOIS DEPARTMENT OF 
PROFESSIONAL REGULATION and
LEONARD SHERMAN, Director of the
Illinois Department of Professional
Regulation,

          Defendants-Appellants.

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)		 Appeal from the
Circuit Court of
Cook County.

 

 

 


Honorable
Albert Green
Judge Presiding.

JUSTICE HOFFMAN delivered the opinion of the court:

Defendant Leonard Sherman, Director of the Illinois Departmentof Professional Regulation (Director), signed an order suspendingthe pharmacy license of the plaintiff, Donald G. Wilson, Jr., for9 months followed by probation for 27 months, and revoking thelicense of Ablin Pharmacy (Ablin), which was owned and operated byWilson. This order (also referred to herein as the "Department'sDecision") imposed a harsher sanction against Wilson than had beenrecommended by the Illinois State Pharmacy Board (Board), andconstituted a final decision of the Department. Wilson soughtadministrative review before the circuit court,(1) which reversed theorder and remanded the case with directions that the Board'srecommended sanction be imposed. The disciplinary action takenagainst Ablin was not contested. The Illinois Department ofProfessional Regulation (Department) and the Director (collectivelyreferred to as the "defendants") filed this timely appeal. For thereasons which follow, we reverse the judgment of the circuit courtand confirm the Department's Decision.

Wilson and several other pharmacists were indicted as a resultof a federal investigation which became known as "OperationGoldpill." Wilson pled guilty to the felony of receipt ofmisbranded drugs through interstate commerce in violation of theFood, Drug and Cosmetic Act (21 U.S.C.