SB1617 96TH GENERAL ASSEMBLY

LRB096 10987 DRJ 21268 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1617

Introduced 2/19/2009, by Sen. Heather Steans

SYNOPSIS AS INTRODUCED:

210 ILCS 5/6	from Ch. 111 1/2, par. 157-8.6
420 ILCS 40/5	from Ch. 111 1/2, par. 210-5

Amends the Ambulatory Surgical Treatment Center Act and the Radiation Protection Act of 1990. Provides that on and after the effective date of the amendatory Act, no license shall be granted or renewed under the Ambulatory Surgical Treatment Center Act unless the applicant: (i) submits, and the Department of Public Health (IDPH) approves, a plan for providing service to Medicaid recipients and medically underserved populations in its service area; or (ii) submits a plan for charity care that has been approved by the Illinois Attorney General; or (iii) submits a notarized statement signed by the Chief Executive Officer of the organization certifying that the applicant will not refuse service to any patient because the services the patient seeks may be reimbursed under Medicaid. Provides that no person may administer radiation to a human being in a Class C or D radiation installation, other than a hospital, unless the radiation installation submits similar items to the Illinois Emergency Management Agency (IEMA). Provides that in addition, no ambulatory surgical treatment center license shall be granted or renewed, and radiation may not be administered in a Class C or D installation other than a hospital, if IDPH or IEMA, respectively, determines that the license applicant or radiation installation has not complied with a prior plan or notarized statement submitted pursuant to these provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Ambulatory Surgical Treatment Center Act is amended by changing Section 6 as follows:

(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;

(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

(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.

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 physicians;

(b) permits a surgical procedure to be performed only by a physician, podiatrist 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; and

(c) maintains adequate medical records for each patient.

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.

On and after the effective date of this amendatory Act of the 96th General Assembly, no license shall be granted or renewed unless the applicant:

(i) submits, and the Department approves, a plan for providing service to Medicaid recipients and medically underserved populations in its service area; the Department shall adopt rules indicating the requirements for such plans, including a definition for "medically underserved population" and standards for minimum proportions of Medicaid recipients and medically underserved patients that must be served; or

(ii) submits a plan for charity care that has been approved by the Illinois Attorney General; or

(iii) submits a notarized statement signed by the Chief Executive Officer of the organization certifying that the applicant will not refuse service to any patient because the services the patient seeks may be reimbursed under the program of Medical Assistance under Article V of the Illinois Public Aid Code. In addition, no license shall be granted or renewed if the Department determines that the applicant has not complied with a prior plan or notarized statement submitted pursuant to this paragraph.

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. 88-490.)

Section 10. The Radiation Protection Act of 1990 is amended by changing Section 5 as follows:

(420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)

(Section scheduled to be repealed on January 1, 2011)

Sec. 5. Limitations on application of radiation to human beings and requirements for radiation installation operators providing mammography services.

(a) No person shall intentionally administer radiation to a human being unless such person is licensed to practice a treatment of human ailments by virtue of the Illinois Medical, Dental or Podiatric Medical Practice Acts, or, as physician assistant, advanced practice nurse, technician, nurse, or other assistant, is acting under the supervision, prescription or direction of such licensed person. However, no such physician assistant, advanced practice nurse, technician, nurse, or other assistant acting under the supervision of a person licensed under the Medical Practice Act of 1987, shall administer radiation to human beings unless accredited by the Agency, except that persons enrolled in a course of education approved by the Agency may apply ionizing radiation to human beings as required by their course of study when under the direct supervision of a person licensed under the Medical Practice Act of 1987. No person authorized by this Section to apply ionizing radiation shall apply such radiation except to those parts of the human body specified in the Act under which such person or his supervisor is licensed. No person may operate a radiation installation where ionizing radiation is administered to human beings unless all persons who administer ionizing radiation in that radiation installation are licensed, accredited, or exempted in accordance with this Section. Nothing in this Section shall be deemed to relieve a person from complying with the provisions of Section 10.

(a-5) On or after the effective date of this amendatory Act of the 96th General Assembly, no person may administer radiation to a human being in a Class C or Class D radiation installation, as defined in Section 25 of this Act, other than a hospital, unless the radiation installation:

(i) submits, and the Agency approves, a plan for providing service to Medicaid recipients and medically underserved populations in its service area; the Agency shall adopt rules indicating the requirements for such plans, including a definition for "medically underserved population" and standards for minimum proportions of Medicaid recipients and medically underserved patients that must be served; or

(ii) submits a plan for charity care that has been approved by the Illinois Attorney General; or

(iii) submits a notarized statement signed by the Chief Executive Officer of the radiation installation certifying that the radiation installation will not refuse service to any patient because the services the patient seeks may be reimbursed under the program of Medical Assistance under Article V of the Illinois Public Aid Code.

In addition, radiation may not be administered to a human being in a Class C or Class D installation other than a hospital if the Agency determines that the radiation installation has not complied with a prior plan or notarized statement submitted pursuant to this subsection.

(b) In addition, no person shall provide mammography services unless all of the following requirements are met:

(1) the mammography procedures are performed using a radiation machine that is specifically designed for mammography;

(2) the mammography procedures are performed using a radiation machine that is used solely for performing mammography procedures;

(3) the mammography procedures are performed using equipment that has been subjected to a quality assurance program that satisfies quality assurance requirements which the Agency shall establish by rule;

(4) beginning one year after the effective date of this amendatory Act of 1991, if the mammography procedure is performed by a radiologic technologist, that technologist, in addition to being accredited by the Agency to perform radiography, has satisfied training requirements specific to mammography, which the Agency shall establish by rule.

(c) Every operator of a radiation installation at which mammography services are provided shall ensure and have confirmed by each mammography patient that the patient is provided with a pamphlet which is orally reviewed with the patient and which contains the following:

(1) how to perform breast self-examination;

(2) that early detection of breast cancer is maximized through a combined approach, using monthly breast self-examination, a thorough physical examination performed by a physician, and mammography performed at recommended intervals;

(3) that mammography is the most accurate method for making an early detection of breast cancer, however, no diagnostic tool is 100% effective;

(4) that if the patient is self-referred and does not have a primary care physician, or if the patient is unfamiliar with the breast examination procedures, that the patient has received information regarding public health services where she can obtain a breast examination and instructions.

(Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.