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210 ILCS 5/6
(210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
Sec. 6.
Upon receipt of an application for a license, the Director may
deny the application for any of the following reasons:
(1) Conviction of the applicant, or if the applicant | | is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, as shown by a certified copy of the record of the court of conviction, or, in the case of the conviction of a misdemeanor by a court not of record, as shown by other evidence, if the Director determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; or other satisfactory evidence that the moral character of the applicant, or manager, or supervisor of the facility is not reputable;
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(2) The licensure status or record of the applicant,
| | or if the applicant is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated to manage or supervise the facility, from any other state where the applicant has done business in a similar capacity indicates that granting a license to the applicant would be detrimental to the interests of the public; or
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(3) The applicant has insufficient financial or other
| | resources to operate and conduct the facility in accordance with the requirements of this Act and the minimum standards, rules and regulations promulgated thereunder.
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The Director shall only issue a license if he finds that the applicant
facility complies with this Act and the rules, regulations and standards
promulgated pursuant thereto and:
(a) is under the medical supervision of one or more
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(b) permits a surgical procedure to be performed only
| | by a physician, podiatric physician, or dentist who at the time is privileged to have his patients admitted by himself or an associated physician and is himself privileged to perform surgical procedures in at least one Illinois hospital. A dentist may be privileged at the ambulatory surgical treatment center if it is determined that the patient under the care of the dentist requires sedation beyond the training that the dentist possesses. The determination of need for sedation shall be made by the medical director of the facility where the procedure is to be performed. A dentist performing a surgical procedure requiring sedation at a facility must either have admitting privileges at a nearby hospital where patients would receive care in the event of an emergency arising during a dental surgical procedure or have a memorandum of understanding with a physician who has admitting privileges at such a hospital; and
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(c) maintains adequate medical records for each
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A license, unless sooner suspended or revoked, shall be renewable
annually upon approval by the Department and payment of a license fee of
$300. Each license shall be issued only for the premises and persons named in
the application and shall not be transferable or assignable. The licenses shall
be posted in a conspicuous place on the licensed premises. A placard or
registry of all physicians on staff in the facility shall be centrally located
and available for inspection to any interested person. The Department may,
either before or after the issuance of a license, request the cooperation of
the State Fire Marshal. The report and recommendations of this agency shall be
in writing and shall state with particularity its findings with respect to
compliance or noncompliance with such minimum standards, rules and regulations.
The Director may issue a provisional license to any ambulatory
surgical treatment center which does not substantially comply with the
provisions of this Act and the standards, rules and regulations
promulgated by virtue thereof provided that he finds that such
ambulatory surgical treatment center will undertake changes and
corrections which upon completion will render the ambulatory surgical
treatment center in substantial compliance with the provisions of this
Act, and the standards, rules and regulations adopted hereunder, and
provided that the health and safety of the patients of the ambulatory
surgical treatment center will be protected during the period for which
such provisional license is issued. The Director shall advise the
licensee of the conditions under which such provisional license is
issued, including the manner in which the facilities fail to comply with
the provisions of the Act, standards, rules and regulations, and the
time within which the changes and corrections necessary for such
ambulatory surgical treatment center to substantially comply with this
Act, and the standards, rules and regulations of the Department relating
thereto shall be completed.
A person or facility not licensed under this Act or the Hospital Licensing
Act shall not hold itself out to the public as a "surgery center" or as a
"center for surgery".
(Source: P.A. 101-323, eff. 8-9-19.)
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