Miller v. Department of Registration & Education

387 N.E.2d 300, 75 Ill. 2d 76, 25 Ill. Dec. 644, 1979 Ill. LEXIS 259
CourtIllinois Supreme Court
DecidedJanuary 26, 1979
Docket50570, 50571, 50663
StatusPublished
Cited by39 cases

This text of 387 N.E.2d 300 (Miller v. Department of Registration & Education) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Department of Registration & Education, 387 N.E.2d 300, 75 Ill. 2d 76, 25 Ill. Dec. 644, 1979 Ill. LEXIS 259 (Ill. 1979).

Opinions

MR. JUSTICE KLUCZYNSKI

delivered the opinion of the court:

The Director of the Department of Registration and Education (Department) revoked three pharmacists’ licenses to practice pharmacy after an administrative determination that they were guilty of “gross immorality” under the Pharmacy Practice Act (Ill. Rev. Stat. 1973, ch. 91, par. 55.7—6, now Ill. Rev. Stat. 1977, ch. 111, par. 4019, as amended). The revocations were premised upon Federal convictions following the entry of pleas of guilty by Theodore Dolitsky, Sheldon Miller and Aaron Finn to the Federal misdemeanor offense of offering and making a kickback or bribe in connection with the furnishing of drugs and pharmaceutical services for which payment is made in whole or in part out of Federal funds under an approved State medical assistance plan (42 U.S.C. sec. 1396h(b)(l) (1976)). The pharmacists filed three separate actions for administrative review in the circuit court of Cook County.

The complaints filed by Miller and Dolitsky were heard by Judge Richard L. Curry, who ruled that the term “gross immorality” is unconstitutionally vague; that the Federal misdemeanor offense to which Miller and Dolitsky pleaded guilty is not encompassed by the legislative proscription of “gross immorality”; and that the pharmacists did not receive a fair hearing before the State Board of Pharmacy since the Board was supplied with the entire 49-count indictment, although the pharmacists were convicted upon only one count following their guilty pleas. Judge Curry reversed the decision to revoke, and the Department filed the instant direct appeal under Rule 302(a) (58 Ill. 2d R. 302(a)) on the ground that the circuit court had held section 7—6 of the Pharmacy Practice Act (Ill. Rev. Stat. 1973, ch. 91, par. 55.7—6) invalid.

The complaint filed by Finn was heard by Judge Arthur L. Dunne, who found that the order of revocation was properly entered and affirmed the decision as not contrary to the manifest weight of the evidence or contrary to law. This court allowed Finn’s motion for direct appeal under Rule 302(b) (58 Ill. 2d R. 302(b)) and consolidated aH three appeals.

The pharmacists’ licenses were revoked following three separate hearings before the State Board of Pharmacy. At each hearing certified copies of the Federal convictions were introduced as evidence. Copies of the multicount indictments were attached to the complaints filed with the Board, and in the cases of Miller and Dolitsky, they were admitted into evidence over the objection of counsel. In each case the Board found that the pharmacist had been convicted of the Federal misdemeanor and concluded that the conviction of such an offense constituted “gross immorality” within the meaning of the Pharmacy Practice Act. The Board recommended to the Director of Registration and Education that the pharmacists’ licenses be revoked. After the denial of separate motions for rehearing, the Director accepted the findings, conclusions and recommendations of the Board and revoked the licenses of all three pharmacists.

The first issue we address is whether conviction of the Federal misdemeanor offense to which the pharmacists pleaded guilty may constitute a basis for the revocation of their licenses under the Pharmacy Practice Act (Ill. Rev. Stat. 1973, ch. 91, pars. 55.1 to 55.24). The pharmacists were convicted of paying kickbacks or bribes to nursing homes in connection with the furnishing of drugs and pharmaceutical services in violation of a Federal statute, which at the time the offenses were committed provided:

“(b) Whoever furnishes items or services to an individual for which payment is or may be made in whole or in part out of Federal funds under a State plan approved under this subchapter and who solicits, offers, or receives any—
(1) kickback or bribe in connection with the furnishing of such items or services or the making or receipt of such payment, or
(2) rebate of any fee or charge for referring any such individual to another person for the furnishing of such items or services shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $10,000 or imprisoned for not more than one year, or both.” 42 U.S.C. sec. 1396h(b) (1976).

At the time the pharmacists committed the acts which formed the basis of the Federal misdemeanor convictions, the Pharmacy Practice Act (Ill. Rev. Stat. 1973, ch. 91, par. 55.7—6) provided that the Department of Registration and Education shaE “[r] efuse to issue or renew, or revoke or suspend, any license or certificate of registration issued under the provisions of this Act or of any prior Act of this State when such registration is satisfactorily shown to have been obtained by fraudulent means, or when the applicant for or holder of such license or certificate has been convicted in this or any other state of any crime which is a felony under the laws of this state or convicted of a felony in a federal court, or is found to be guilty of gross immorality, or is found to have wilfully violated any of the rules and regulations promulgated for the administration of this Act, or to be addicted to drugs to such a degree as to render him unfit to practice pharmacy in this state.” (Emphasis added.) No express provision was made for revocation for the commission of misdemeanors or for the payment of bribes or kickbacks. Revocation of the licenses of the pharmacists was based on the general ground of “gross immorality.”

The meaning attached to a statutory provision is derived from an examination of the language of the statute and its purpose (see Village of Lombard v. Pollution Control Board (1977), 66 Ill. 2d 503, 507). The statute should be evaluated as a whole; each provision should be construed in connection with every other section and in light of the statute’s general purposes (Neville v. Friedman (1977), 67 Ill. 2d 488, 492; Huckaba v. Cox (1958), 14 Ill. 2d 126, 131).

The principal concern of the Pharmacy Practice Act, as provided in the legislative declaration, is with the protection of public health, safety, and welfare.

“The Practice of Pharmacy in the State of Illinois is declared a professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy, as defined in this Act, merit and receive the confidence of the public and that only qualified persons be permitted to practice pharmacy in the State of Illinois. This Act shall be liberally construed to carry out these objects and purposes.” (Ill. Rev. Stat. 1973, ch. 91, par. 55.1.)

The Act is designed to assure, through regulations and control in the public interest, that only those who possess the requisite professional qualifications are licensed to practice pharmacy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Khungar v. Department of Financial & Professional Regulation
2021 IL App (1st) 200077-U (Appellate Court of Illinois, 2021)
Valerio v. Moore Landscapes
2020 IL App (1st) 190185 (Appellate Court of Illinois, 2020)
Burzic v. Illinois Workers' Compensation Commission
912 N.E.2d 187 (Appellate Court of Illinois, 2009)
Wilson v. Department of Professional Regulation
739 N.E.2d 57 (Appellate Court of Illinois, 2000)
People Ex Rel. Ryan v. Illinois Commerce Commission
699 N.E.2d 218 (Appellate Court of Illinois, 1998)
People ex rel. Ryan v. Commerce Comm'n
Appellate Court of Illinois, 1998
Kaszubowski v. Board of Education
618 N.E.2d 609 (Appellate Court of Illinois, 1993)
Abrahamson v. Illinois Department of Professional Regulation
606 N.E.2d 1111 (Illinois Supreme Court, 1992)
In Re Rehabilitation of American Mutual Reinsurance Co.
606 N.E.2d 32 (Appellate Court of Illinois, 1992)
Walgreen Co. v. Selcke
595 N.E.2d 89 (Appellate Court of Illinois, 1992)
Laughlin v. Evanston Hospital
550 N.E.2d 986 (Illinois Supreme Court, 1990)
Henry Ross Construction v. State
43 Ill. Ct. Cl. 20 (Court of Claims of Illinois, 1988)
Peoples Gas Light & Coke Co. v. Illinois Commerce Commission
520 N.E.2d 46 (Appellate Court of Illinois, 1987)
Massa v. Department of Registration & Education
507 N.E.2d 814 (Illinois Supreme Court, 1987)
Kampen v. Department of Transportation
502 N.E.2d 31 (Appellate Court of Illinois, 1986)
People ex rel. Hartigan v. Moore
493 N.E.2d 85 (Appellate Court of Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
387 N.E.2d 300, 75 Ill. 2d 76, 25 Ill. Dec. 644, 1979 Ill. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-department-of-registration-education-ill-1979.