Full Text of SB1579 95th General Assembly
SB1579eng 95TH GENERAL ASSEMBLY
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SB1579 Engrossed |
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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 Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by changing Section 32.5 as follows:
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| (210 ILCS 50/32.5)
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| Sec. 32.5. Freestanding Emergency Center.
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| (a) Until June 30, 2009, the
The Department shall issue an | 9 |
| annual Freestanding Emergency Center (FEC)
license to any | 10 |
| facility that:
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| (1) is located: (A)
(i)(A) in a municipality with
a | 12 |
| population
of 75,000 or fewer inhabitants; (B) within 20
15
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| miles of the
hospital that owns or controls the FEC; and | 14 |
| (C) within 20
10 miles of the Resource
Hospital affiliated | 15 |
| with the FEC as part of the EMS System ; or (ii)
(A) in a | 16 |
| municipality that has a
hospital that has been providing | 17 |
| emergency services but is expected to close
by the end of | 18 |
| 1997 and (B) in a county with a population of more
than
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| 350,000 but
less than 525,000 inhabitants ;
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| (2) is wholly owned or controlled by an Associate or | 21 |
| Resource Hospital,
but is not a part of the hospital's | 22 |
| physical plant;
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| (3) meets the standards for licensed FECs, adopted by |
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| rule of the
Department, including, but not limited to:
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| (A) facility design, specification, operation, and | 3 |
| maintenance
standards;
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| (B) equipment standards; and
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| (C) the number and qualifications of emergency | 6 |
| medical personnel and
other staff, which must include | 7 |
| at least one board certified emergency
physician | 8 |
| present at the FEC 24 hours per day.
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| (4) limits its participation in the EMS System strictly | 10 |
| to receiving a
limited number of BLS runs by emergency | 11 |
| medical vehicles according to protocols
developed by the | 12 |
| Resource Hospital within the FEC's
designated EMS System | 13 |
| and approved by the Project Medical Director and the
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| Department;
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| (5) provides comprehensive emergency treatment | 16 |
| services, as defined in the
rules adopted by the Department | 17 |
| pursuant to the Hospital Licensing Act, 24
hours per day, | 18 |
| on an outpatient basis;
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| (6) provides an ambulance and
maintains on site | 20 |
| ambulance services staffed with paramedics 24 hours per | 21 |
| day;
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| (7) maintains helicopter landing capabilities approved | 23 |
| by appropriate
State and federal authorities;
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| (8) complies with all State and federal patient rights | 25 |
| provisions,
including, but not limited to, the Emergency | 26 |
| Medical Treatment Act and the
federal Emergency
Medical |
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| Treatment and Active Labor Act;
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| (9) maintains a communications system that is fully | 3 |
| integrated with
its Resource Hospital within the FEC's | 4 |
| designated EMS System;
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| (10) reports to the Department any patient transfers | 6 |
| from the FEC to a
hospital within 48 hours of the transfer | 7 |
| plus any other
data
determined to be relevant by the | 8 |
| Department;
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| (11) submits to the Department, on a quarterly basis, | 10 |
| the FEC's morbidity
and mortality rates for patients | 11 |
| treated at the FEC and other data determined
to be relevant | 12 |
| by the Department;
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| (12) does not describe itself or hold itself out to the | 14 |
| general public as
a full service hospital or hospital | 15 |
| emergency department in its advertising or
marketing
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| activities;
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| (13) complies with any other rules adopted by the
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| Department
under this Act that relate to FECs;
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| (14) passes the Department's site inspection for | 20 |
| compliance with the FEC
requirements of this Act;
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| (15) (blank);
submits a copy of a certificate of need | 22 |
| or other permit issued by
the Illinois Health Facilities | 23 |
| Planning Board indicating that the facility that
will
house | 24 |
| the proposed FEC complies with State health planning laws; | 25 |
| provided,
however, that the Illinois Health Facilities | 26 |
| Planning Board shall waive this
certificate of need or |
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| permit requirement for any proposed FEC that,
as of the
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| effective date of this amendatory Act of 1996, meets the | 3 |
| criteria for providing
comprehensive emergency treatment | 4 |
| services, as defined by the rules
promulgated under the | 5 |
| Hospital Licensing Act, but is not a licensed hospital;
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| (16) submits an application for designation as an FEC | 7 |
| in a manner and form
prescribed by the Department by rule; | 8 |
| and
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| (17) pays the annual license fee as determined by the | 10 |
| Department by
rule . ; and
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| (18) participated in the demonstration program.
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| (a-5) Notwithstanding any other law or rule to the | 13 |
| contrary, an application prescribed by the Illinois Health | 14 |
| Facilities Planning Board shall be filed with the Board in | 15 |
| order that the Board may determine whether an applicant has met | 16 |
| all the criteria listed in subsection (a) of this Section 32.5. | 17 |
| The application shall be declared complete within 10 days after | 18 |
| receipt. The application shall be scheduled for hearing for | 19 |
| approval within 45 days after being declared complete. If | 20 |
| approval is given, a Certificate of Approval shall be issued | 21 |
| and a copy forwarded to the licensure division of the | 22 |
| Department of Public Health within 7 business days.
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| (b) The Department shall:
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| (1) annually inspect facilities of initial FEC | 25 |
| applicants and licensed
FECs, and issue
annual licenses to | 26 |
| or annually relicense FECs that
satisfy the Department's |
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| licensure requirements as set forth in subsection (a);
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| (2) suspend, revoke, refuse to issue, or refuse to | 3 |
| renew the license of
any
FEC, after notice and an | 4 |
| opportunity for a hearing, when the Department finds
that | 5 |
| the FEC has failed to comply with the standards and | 6 |
| requirements of the
Act or rules adopted by the Department | 7 |
| under the
Act;
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| (3) issue an Emergency Suspension Order for any FEC | 9 |
| when the
Director or his or her designee has determined | 10 |
| that the continued operation of
the FEC poses an immediate | 11 |
| and serious danger to
the public health, safety, and | 12 |
| welfare.
An opportunity for a
hearing shall be promptly | 13 |
| initiated after an Emergency Suspension Order has
been | 14 |
| issued; and
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| (4) adopt rules as needed to implement this Section.
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| (Source: P.A. 93-372, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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