AUTHORITY: Implementing and authorized by the Ambulatory Surgical Treatment Center Act [210 ILCS 5].
SOURCE: Amended July 18, 1974; emergency amendment at 3 Ill. Reg. 10, p. 43, effective February 23, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 30, p. 371, effective July 23, 1979; amended at 5 Ill. Reg. 12756, effective November 4, 1981; amended at 6 Ill. Reg. 6220, 6225, and 6226, effective May 17, 1982; amended at 6 Ill. Reg. 10974, effective August 30, 1982; amended at 6 Ill. Reg. 13337, effective October 20, 1982; amended at 7 Ill. Reg. 7640, effective June 14, 1983; codified at 8 Ill. Reg. 9367; amended at 9 Ill. Reg. 12014, effective July 23, 1985; amended at 10 Ill. Reg. 8806, effective June 1, 1986; amended at 10 Ill. Reg. 21906, effective January 15, 1987; amended at 11 Ill. Reg. 14786, effective October 1, 1987; amended at 12 Ill. Reg. 3743, effective February 15, 1988; amended at 12 Ill. Reg. 15573, effective October 1, 1988; amended at 13 Ill. Reg. 16025, effective November 1, 1989; emergency amendment at 14 Ill. Reg. 5596, effective March 26, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 13802, effective August 15, 1990; amended at 15 Ill. Reg. 17770, effective December 1, 1991; amended at 17 Ill. Reg. 3507, effective March 3, 1993; amended at 18 Ill. Reg. 11939, effective July 22, 1994; amended at 18 Ill. Reg. 17250, effective December 1, 1994; amended at 22 Ill. Reg. 9335, effective May 20, 1998; amended at 22 Ill. Reg. 22019, effective December 4, 1998; amended at 24 Ill. Reg. 2691, effective February 18, 2000; amended at 25 Ill. Reg. 7471, effective May 31, 2001; amended at 26 Ill. Reg. 16556, effective October 25, 2002; amended at 27 Ill. Reg. 13457, effective July 25, 2003; amended at 31 Ill. Reg. 7278, effective May 7, 2007; amended at 32 Ill. Reg. 14326, effective August 12, 2008; amended at 33 Ill. Reg. 13395, effective September 10, 2009; amended at 34 Ill. Reg. 7915, effective May 25, 2010; amended at 38 Ill. Reg. 19208, effective September 9, 2014; expedited correction at 39 Ill. Reg. 5519, effective September 9, 2014; amended at 40 Ill. Reg. 13933, effective September 21, 2016; amended at 44 Ill. Reg. 18358, effective November 2, 2020; amended at 46 Ill. Reg. 14215, effective July 28, 2022; amended at 48 Ill. Reg. 13763, effective August 28, 2024; amended at 48 Ill. Reg. 15862, effective October 24, 2024; Subchapter b recodified at 48 Ill. Reg. 17400.
SUBPART A: GENERAL PROVISIONS
Section 205.110 Definitions
"Act" means the Ambulatory Surgical Treatment Center Act.
"Ambulatory Surgical Center" shall have the meaning ascribed to it in 42 CFR 416.
"Ambulatory Surgical Treatment Center"
The term "Ambulatory Surgical Treatment Center" or "ASTC" or "facility", for the purposes of this Part, includes:
Any institution or building devoted primarily to the maintenance and operation of facilities for the performance of surgical procedures, and any place that meets and complies with the definition of an ambulatory surgical treatment center under the Act and this Part, as evidenced by use of the facilities by physicians, podiatrists or dentists in the performance of surgical procedures that constitutes more than 50 percent of the activities at that location.
Any place, located within an institution or building, such as a surgical suite or an operating room with related facilities in a physician's office or group practice clinic, devoted primarily to the performance of surgical procedures. This provision shall apply regardless of whether or not the institution or building in which the place is located is devoted primarily to the maintenance and operation of facilities for the performance of surgical procedures. This provision shall include any place that meets the definition of an ambulatory surgical center under the rules of the federal Centers for Medicare & Medicaid Services. However, when a place is located within, and operated in conjunction with, the offices of a single physician, podiatrist, or dentist, or a group of physicians, podiatrists, or dentists, it shall not be considered an ambulatory surgical treatment center unless: it meets the definition of and has expressed an intent to apply for certification as an ambulatory surgical center under the rules of the federal Centers for Medicare & Medicaid Services; or it is used by physicians, podiatrists, or dentists who are not part of the practice; or it is utilized by the physicians or podiatrists for surgical procedures that constitute more than 50 percent of the activities at that location.
The term "Ambulatory Surgical Treatment Center", for the purposes of this Part, does not include:
Hospitals: Any institution, place, building or agency required to be licensed pursuant to the Hospital Licensing Act.
Long-Term Care Facilities: Any person or institution required to be licensed pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.
State Facilities: Hospitals or ambulatory surgical treatment centers maintained by the State or any Department or agency thereof, where such department or agency has authority under law to establish and enforce standards for the hospitals or ambulatory surgical treatment centers under its management and control.
Federal Facilities: Hospitals or ambulatory surgical treatment centers maintained by the federal government or agencies thereof.
Dental Surgery Facilities: Any place, agency, clinic, or practice, public or private, whether organized for profit or not, devoted exclusively to the performance of dental or oral surgical procedures.
Other Facilities: Any facility in which the performance of abortion procedures, including procedures to terminate a pregnancy or to manage pregnancy loss, is limited to those performed without general, epidural, or spinal anesthesia, and which is not otherwise required to be an ambulatory surgical treatment center. For purposes of this definition, "general, epidural, or spinal anesthesia" does not include local anesthesia or intravenous sedation. Nothing in the Act and this Part shall be construed to limit a facility of this type from voluntarily electing to apply for licensure as an ambulatory surgical treatment center. (Section 3(A) of the Act)
"Certified Registered Nurse Anesthetist" means a registered professional nurse who has been certified as a nurse anesthetist by the American Association of Nurse Anesthetists.
"Credentials Committee" means the qualified consulting committee, or another committee designated by the qualified consulting committee, that appraises and reviews physician credentials.
"Department" means the Department of Public Health of the State of Illinois. (Section 3(C) of the Act)
"Hospital" shall have the meaning ascribed to it in the Hospital Licensing Act.
"Licensed Practical Nurse" means a person licensed under the Nurse Practice Act to practice practical nursing.
"Overnight Stay" means the expected duration of services exceeds 24 hours following an admission.
"Qualified Anesthesiologist" means a physician who is licensed to practice medicine in all its branches in the State of Illinois and who is a Diplomate of the American Board of Anesthesiology; or who is a Diplomate of the American Osteopathic Board of Anesthesiology; or who is Board eligible or possesses training and experience equivalent to that eligibility; or who possesses training and experience acceptable to the Department and whose primary practice is anesthesiology.
"Qualified Consulting Committee" means a committee whose members are qualified surgeons, obstetricians, gynecologists, anesthesiologists or pathologists or other consulting physicians consisting of not fewer than three members who shall establish the required standards commensurate with the size, scope, extent and complexity of service programs and procedures for which the facility is licensed. The qualified consulting committee or other committee designated by the qualified consulting committee shall act as the credentials committee.
"Qualified Consulting Surgeon, Obstetrician, Gynecologist, Anesthesiologist, Pathologist, or other Consulting Physician" means a physician who is licensed in the State of Illinois and who is a Diplomate of an appropriate specialty board or who has completed the training and experience required for specialty board certification.
"Qualified Dentist" means a dentist who is licensed to practice under the Illinois Dental Practice Act.
"Qualified Infection Control Professional" means an individual who either has training, education and experience or has certification in the principles and methods of infection control. The individual shall maintain his or her qualifications through ongoing education and training.
"Qualified Physician" means an individual who is licensed to practice medicine in all its branches in the State of Illinois under the Medical Practice Act of 1987.
"Qualified Podiatrist" means a podiatrist who is licensed to practice under the Podiatric Medical Practice Act of 1987.
"Qualified Practitioner" means a licensed practitioner who is authorized within his or her scope of practice to perform a history and physical examination and who is authorized by the ASTC to conduct a history and physical examination. This may include nurse practitioners and physician assistants.
"Registered Professional Nurse" or "RN" means a registered professional nurse who is licensed under the Nurse Practice Act and practices professional nursing.
"Student Nurse" means a person enrolled in a course of instruction at an approved school of professional or practical nursing and who is supervised by a nursing instructor of the school.
"Surgical smoke plume" means the by-product of the use of energy-based devices on tissue during surgery and containing hazardous materials, including, but not limited to, bioaerosols, smoke, gases, tissue and cellular fragments and particulates, and viruses. (Section 6.9(a) of the Act)
"Surgical smoke plume evacuation system" means a dedicated device that is designed to capture, transport, and filter surgical smoke plume at the site of origin and before it can diffuse and pose a risk to the occupants of the operating or treatment room. (Section 6.9(a) of the Act)
(Source: Amended at 48 Ill. Reg. 13763, effective August 28, 2024)
Section 205.115 Incorporated and Referenced Materials
a) The following regulations and standards are incorporated in this Part:
1) Private and Professional Association Standards:
A) American Society of Testing and Materials (ASTM), E 84 (2010), Standard Test Method for Surface Burning Characteristics of Building Materials, which may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
B) The following standard of the National Fire Protection Association (NFPA), which may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169: NFPA 101 (2012), Life Safety Code and all applicable references under Chapter 2, Referenced Publications.
C) The following standards of the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE), which may be obtained from the American Society of Heating, Refrigerating, and Air Conditioning Engineers, Inc., 180 Technology Parkway NW, Peachtree, GA 30092:
i) Standard 52.2: Method of Testing General Ventilation Air Cleaning Devices for Removal Efficiency by Particle Size (2017) (see Section 205.1540(i)).
ii) Standard 55: Thermal Environmental Conditions for Human Occupancy and Addendum (2023) (see Section 205.1540(i)).
iii) Standard 58: Method of Testing for Rating Room Air Conditioner and Packaged Terminal Air Conditioner Heating Capacity (2014) (see Section 205.1540(i)).
iv) Standard 62.1: Ventilation and Acceptable Indoor Air Quality (2022) (see Section 205.1540(i)).
v) Standard 63.1: Method of Testing Liquid Line Refrigerant Driers (1995) (see Section 205.1540(i)).
vi) Standard 63.2: Method of Testing Liquid-Line Filter Drier Filtration Capacity (2017) (see Section 205.1540(i)).
vii) Standard 64: Methods of Testing Remote Mechanical-Draft Evaporative Refrigerant Condensers (2020) (see Section 205.1540(i)).
viii) Standard 68: Laboratory Method of Testing to Determine the Sound Power in a Duct (1997) (see Section 205.1540(i)).
ix) ASHRAE Handbook of Fundamentals (2009) (see Section 205.1540(p)).
D) Underwriters Laboratories, Inc. (UL), Publication No. 181 (2013): Factory-Made Air Ducts and Air Connectors, which may be obtained from Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL 60062. (See Section 205.1710.)
E) American College of Cardiology/Society for Cardiac Angiography and Interventions, Clinical Expert Consensus Document on Cardiac Catheterization Laboratory Standards, published in the Journal of the American College of Cardiology, September, 2012; 37:2170-2214, which may be obtained from the American College of Cardiology, Heart House, 2400 N. St. NW, Washington, DC 20037, or by calling 202-375-6000, or toll free at 800-253-4636.
F) Association of periOperative Registered Nurses, Guidelines for Perioperative Practice (2024), available at: https://www.aorn.org/guidelines-resources/guidelines-for-perioperative-practice or from the Association of periOperative Registered Nurses, 2170 South Parker Road, Suite 400, Denver, CO 80231.
2) Federal Regulations:
A) Rules of the Centers for Medicare & Medicaid Services governing Medicare program coverage of Ambulatory Surgical Services (42 CFR 416, October 1, 2023) under the Social Security Act (42 U.S.C. 1395). (See definition of "Ambulatory Surgical Treatment Center" in Section 205.110 and Section 205.130(d).)
B) Rules of the Centers for Medicare & Medicaid Services governing federal certification of laboratory requirements (42 CFR 493, October 1, 2023). (See Section 205.350, Laboratory Services.)
3) Federal Government Publications:
A) Department of Health and Human Services, United States Public Health Service, Centers for Disease Control and Prevention, "2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings" (July 2023), available at: https://www.cdc.gov/infection-control/media/pdfs/guideline-isolation-h.pdf?CDC_AAref_Val=https://www.cdc.gov/infectioncontrol/pdf/guidelines/isolation-guidelines-H.pdf National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.
B) Department of Health and Human Services, United States Public Health Service, Centers for Disease Control and Prevention, "Guideline for Hand Hygiene in Health-Care Settings", October 25, 2002, available at: https://www.cdc.gov/mmwr/PDF/rr/rr5116.pdf or from the National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.
C) Department of Health and Human Services, United States Public Health Service, Centers for Disease Control and Prevention, "Guideline for Disinfection and Sterilization in Healthcare Facilities, 2008" (May 2019), available at: https://www.cdc.gov/infection-control/media/pdfs/guideline-disinfection-h.pdf?CDC_AAref_Val=https://www.cdc.gov/infectioncontrol/pdf/guidelines/disinfection-guidelines-H.pdf the Centers for Disease Control and Prevention, 1600 Clifton Road, Atlanta, GA 30333.
D) Department of Health and Human Services, United State Public Health Service, Centers for Disease Control and Prevention, "Guide to Infection Prevention in Outpatient Settings: Minimum Expectations for Safe Care", September 2016, available at: https://www.cdc.gov/infection-control/media/pdfs/outpatient-guide-508.pdf?CDC_AAref_Val=https://www.cdc.gov/infectioncontrol/pdf/outpatient/guide.pdf or from the Centers for Disease Control and Prevention, 1600 Clifton Road, Atlanta, GA 30333.
b) All incorporations by reference of federal regulations and guidelines and the standards of nationally recognized organizations refer to the regulations, guidelines and standards on the dates specified and do not include any amendments or editions subsequent to the date specified.
c) The following statutes and State administrative rules are referenced in this Part:
1) State of Illinois Statutes:
A) Ambulatory Surgical Treatment Center Act [210 ILCS 5]
B) Illinois Dental Practice Act [225 ILCS 25]
C) Nurse Practice Act [225 ILCS 65]
D) Podiatric Medical Practice Act of 1987 [225 ILCS 100]
E) Safety Glazing Materials Act [430 ILCS 60]
F) Hospital Licensing Act [210 ILCS 85]
G) Nursing Home Care Act [210 ILCS 45]
H) Illinois Health Facilities Planning Act [20 ILCS 3960]
I) Illinois Administrative Procedure Act [5 ILCS 100]
J) Laser System Act of 1997 [420 ILCS 56]
K) Illinois Clinical Laboratory and Blood Bank Act [210 ILCS 25]
L) Physician Assistant Practice Act of 1987 [225 ILCS 95]
M) Administrative Review Law [735 ILCS 5/Art. III]
N) Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS 49]
O) ID/DD Community Care Act [210 ILCS 47]
P) MC/DD Act [210 ILCS 46]
Q) Pharmacy Practice Act [225 ILCS 85]
R) Latex Glove Ban Act [410 ILCS 180]
2) State of Illinois Administrative Rules:
A) Department of Public Health, Illinois Plumbing Code (77 Ill. Adm. Code 890)
B) Illinois Emergency Management Agency, General Provisions for Radiation Protection (32 Ill. Adm. Code 310)
C) Department of Public Health, Control of Sexually Transmissible Infections Code (77 Ill. Adm. Code 693)
D) Department of Public Health, Control of Notifiable Diseases and Conditions Code (77 Ill. Adm. Code 690)
E) Department of Public Health, Control of Tuberculosis Code (77 Ill. Adm. Code 696)
F) Pollution Control Board, Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities (35 Ill. Adm. Code 724)
G) Pollution Control Board, Special Waste Hauling (35 Ill. Adm. Code 809)
H) Department of Public Health, Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)
I) Capital Development Board, Illinois Accessibility Code (71 Ill. Adm. Code 400)
J) Illinois Emergency Management Agency, Standards for Protection Against Radiation (32 Ill. Adm. Code 340)
K) Illinois Emergency Management Agency, Use of X-rays in the Healing Arts Including Medical, Dental, Podiatry, and Veterinary Medicine (32 Ill. Adm. Code 360)
L) Department of Public Health, Health Care Professional Credentials Data Collection Code (77 Ill. Adm. Code 965)
M) Department of Public Health, Pregnancy Termination Report Code (77 Ill. Adm. Code 505)
(Source: Amended at 48 Ill. Reg. 15862, effective October 24, 2024)