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| Public Act 101-0323 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Ambulatory Surgical Treatment Center Act is | ||||
amended by changing Section 6 as follows:
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(210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
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Sec. 6.
Upon receipt of an application for a license, the | ||||
Director may
deny the application for any of the following | ||||
reasons:
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(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
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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:
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(a) is under the medical supervision of one or more | ||
physicians;
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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
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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 | ||
patient.
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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
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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.
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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
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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
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thereto shall be completed.
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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".
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(Source: P.A. 98-214, eff. 8-9-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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