Full Text of SB1617 96th General Assembly
SB1617 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1617
Introduced 2/19/2009, by Sen. Heather Steans SYNOPSIS AS INTRODUCED: |
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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 |
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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.
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A BILL FOR
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SB1617 |
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LRB096 10987 DRJ 21268 b |
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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 | 5 |
| 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 | 8 |
| Director may
deny the application for any of the following | 9 |
| reasons:
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| (1) Conviction of the applicant, or if the applicant is | 11 |
| a firm,
partnership
or association, of any of its members, | 12 |
| or if a corporation, of any of its
officers or directors, | 13 |
| or of the person designated to manage or supervise
the | 14 |
| facility, of a felony, or of 2 or more misdemeanors | 15 |
| involving moral
turpitude, as shown by a certified copy of | 16 |
| the record of the court of
conviction, or, in the case of | 17 |
| the conviction of a misdemeanor by a court not
of record, | 18 |
| as shown by other evidence, if the Director determines, | 19 |
| after
investigation, that such person has not been | 20 |
| sufficiently rehabilitated to
warrant the public trust; or | 21 |
| other satisfactory evidence that the moral
character of the | 22 |
| applicant, or manager, or supervisor of the facility is not
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| reputable;
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LRB096 10987 DRJ 21268 b |
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| (2) The licensure status or record of the applicant, or | 2 |
| if the applicant
is a firm, partnership or association, of | 3 |
| any of its members, or if a
corporation, of any of its | 4 |
| officers or directors, or of the person designated
to | 5 |
| manage or supervise the facility, from any other state | 6 |
| where the applicant
has done business in a similar capacity | 7 |
| indicates that granting a license to
the applicant would be | 8 |
| detrimental to the interests of the public; or
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| (3) The applicant has insufficient financial or other | 10 |
| resources to operate
and conduct the facility in accordance | 11 |
| with the requirements of this Act
and the minimum | 12 |
| standards, rules and regulations promulgated thereunder.
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| The Director shall only issue a license if he finds that | 14 |
| the applicant
facility complies with this Act and the rules, | 15 |
| regulations and standards
promulgated pursuant thereto and:
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| (a) is under the medical supervision of one or more | 17 |
| physicians;
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| (b) permits a surgical procedure to be performed only | 19 |
| by a physician,
podiatrist or dentist who at the time is | 20 |
| privileged to have his patients
admitted by himself or an | 21 |
| associated physician and is himself privileged to
perform | 22 |
| surgical procedures in at least one Illinois hospital; and
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| (c) maintains adequate medical records for each | 24 |
| patient.
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| A license, unless sooner suspended or revoked, shall be | 26 |
| renewable
annually upon approval by the Department and payment |
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LRB096 10987 DRJ 21268 b |
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| of a license fee of
$300. Each license shall be issued only for | 2 |
| the premises and persons named in
the application and shall not | 3 |
| be transferable or assignable. The licenses shall
be posted in | 4 |
| 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 | 6 |
| centrally located
and available for inspection to any | 7 |
| interested person. The Department may,
either before or after | 8 |
| the issuance of a license, request the cooperation of
the State | 9 |
| Fire Marshal. The report and recommendations of this agency | 10 |
| shall be
in writing and shall state with particularity its | 11 |
| findings with respect to
compliance or noncompliance with such | 12 |
| minimum standards, rules and regulations.
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| On and after the effective date of this amendatory Act of | 14 |
| the 96th General Assembly, no license shall be granted or | 15 |
| renewed unless the applicant:
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| (i) submits, and the Department approves, a plan for | 17 |
| providing service to Medicaid recipients and medically | 18 |
| underserved populations in its service area; the | 19 |
| Department shall adopt rules indicating the requirements | 20 |
| for such plans, including a definition for "medically | 21 |
| underserved population" and standards for minimum | 22 |
| proportions of Medicaid recipients and medically | 23 |
| underserved patients that must be served; or | 24 |
| (ii) submits a plan for charity care that has been | 25 |
| approved by the Illinois Attorney General; or | 26 |
| (iii) submits a notarized statement signed by the Chief |
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| Executive Officer of the organization certifying that the | 2 |
| applicant will not refuse service to any patient because | 3 |
| the services the patient seeks may be reimbursed under the | 4 |
| program of Medical Assistance under Article V of the | 5 |
| Illinois Public Aid Code. | 6 |
| In addition, no license shall be granted or renewed if the | 7 |
| Department determines that the applicant has not complied with | 8 |
| a prior plan or notarized statement submitted pursuant to this | 9 |
| paragraph. | 10 |
| The Director may issue a provisional license to any | 11 |
| ambulatory
surgical treatment center which does not | 12 |
| substantially comply with the
provisions of this Act and the | 13 |
| standards, rules and regulations
promulgated by virtue thereof | 14 |
| provided that he finds that such
ambulatory surgical treatment | 15 |
| center will undertake changes and
corrections which upon | 16 |
| completion will render the ambulatory surgical
treatment | 17 |
| center in substantial compliance with the provisions of this
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| Act, and the standards, rules and regulations adopted | 19 |
| hereunder, and
provided that the health and safety of the | 20 |
| patients of the ambulatory
surgical treatment center will be | 21 |
| protected during the period for which
such provisional license | 22 |
| is issued. The Director shall advise the
licensee of the | 23 |
| conditions under which such provisional license is
issued, | 24 |
| including the manner in which the facilities fail to comply | 25 |
| with
the provisions of the Act, standards, rules and | 26 |
| regulations, and the
time within which the changes and |
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| corrections necessary for such
ambulatory surgical treatment | 2 |
| center to substantially comply with this
Act, and the | 3 |
| 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 | 6 |
| Hospital Licensing
Act shall not hold itself out to the public | 7 |
| as a "surgery center" or as a
"center for surgery".
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| (Source: P.A. 88-490.)
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| Section 10. The Radiation Protection Act of 1990 is amended | 10 |
| by changing Section 5 as follows:
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| (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 5. Limitations on application of radiation to human | 14 |
| beings and
requirements for radiation installation operators | 15 |
| providing mammography
services.
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| (a) No person shall intentionally administer radiation to a | 17 |
| human being
unless such person is licensed to practice a | 18 |
| treatment of human ailments by
virtue of the Illinois Medical, | 19 |
| Dental or Podiatric Medical Practice Acts,
or, as physician | 20 |
| assistant, advanced practice nurse, technician, nurse,
or | 21 |
| other assistant, is
acting under the
supervision, prescription | 22 |
| or direction of such licensed person. However,
no such | 23 |
| physician assistant, advanced practice nurse, technician,
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| nurse, or other assistant
acting under the supervision
of a |
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| person licensed under the Medical Practice Act of 1987, shall
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| administer radiation to human beings unless accredited by the | 3 |
| Agency, except that persons enrolled in a course of education
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| approved by the Agency may apply ionizing radiation
to human | 5 |
| beings as required by their course of study when under the | 6 |
| direct
supervision of a person licensed under the Medical | 7 |
| Practice Act of 1987.
No person authorized by this Section to | 8 |
| apply ionizing radiation shall apply
such radiation except to | 9 |
| those parts of the human body specified in the Act
under which | 10 |
| such person or his supervisor is licensed.
No person may | 11 |
| operate a radiation installation where ionizing radiation is
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| administered to human beings unless all persons who administer | 13 |
| ionizing
radiation in that radiation installation are | 14 |
| licensed, accredited, or
exempted in accordance with this | 15 |
| Section. Nothing in this Section shall be
deemed to relieve a | 16 |
| person from complying with the provisions of Section 10.
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| (a-5) On or after the effective date of this amendatory Act | 18 |
| of the 96th General Assembly, no person may administer | 19 |
| radiation to a human being in a Class C or Class D radiation | 20 |
| installation, as defined in Section 25 of this Act, other than | 21 |
| a hospital, unless the radiation installation: | 22 |
| (i) submits, and the Agency approves, a plan for | 23 |
| providing service to Medicaid recipients and medically | 24 |
| underserved populations in its service area; the Agency | 25 |
| shall adopt rules indicating the requirements for such | 26 |
| plans, including a definition for "medically underserved |
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LRB096 10987 DRJ 21268 b |
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| population" and standards for minimum proportions of | 2 |
| Medicaid recipients and medically underserved patients | 3 |
| that must be served; or | 4 |
| (ii) submits a plan for charity care that has been | 5 |
| approved by the Illinois Attorney General; or | 6 |
| (iii) submits a notarized statement signed by the Chief | 7 |
| Executive Officer of the radiation installation certifying | 8 |
| that the radiation installation will not refuse service to | 9 |
| any patient because the services the patient seeks may be | 10 |
| reimbursed under the program of Medical Assistance under | 11 |
| Article V of the Illinois Public Aid Code. | 12 |
| In addition, radiation may not be administered to a human | 13 |
| being in a Class C or Class D installation other than a | 14 |
| hospital if the Agency determines that the radiation | 15 |
| installation has not complied with a prior plan or notarized | 16 |
| statement submitted pursuant to this subsection. | 17 |
| (b) In addition, no person shall provide mammography | 18 |
| services unless
all of the following requirements are met:
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| (1) the mammography procedures are performed using a | 20 |
| radiation machine
that is specifically designed for | 21 |
| mammography;
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| (2) the mammography procedures are performed using a | 23 |
| radiation machine
that is used solely for performing | 24 |
| mammography procedures;
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| (3) the mammography procedures are performed using | 26 |
| equipment that has
been subjected to a quality assurance |
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LRB096 10987 DRJ 21268 b |
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| program that satisfies quality
assurance requirements | 2 |
| which the Agency shall establish by rule;
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| (4) beginning one year after the effective date of this | 4 |
| amendatory Act
of 1991, if the mammography procedure is | 5 |
| performed by a radiologic
technologist, that technologist, | 6 |
| in addition to being accredited by the
Agency to perform | 7 |
| radiography, has satisfied training requirements
specific | 8 |
| to mammography, which the Agency shall establish by rule.
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| (c) Every operator of a radiation installation at which | 10 |
| mammography
services are provided shall ensure and have | 11 |
| confirmed by each mammography
patient that the patient is | 12 |
| provided with a pamphlet which is orally reviewed
with the | 13 |
| patient and which contains the following:
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| (1) how to perform breast self-examination;
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| (2) that early detection of breast cancer is maximized | 16 |
| through a combined
approach, using monthly breast | 17 |
| self-examination, a thorough physical
examination | 18 |
| performed by a physician, and mammography performed at | 19 |
| recommended
intervals;
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| (3) that mammography is the most accurate method for | 21 |
| making an early
detection of breast cancer, however, no | 22 |
| diagnostic tool is 100% effective;
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| (4) that if the patient is self-referred and does not | 24 |
| have a primary care
physician, or if the patient is | 25 |
| unfamiliar with the breast examination
procedures, that | 26 |
| the patient has received information regarding public |
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LRB096 10987 DRJ 21268 b |
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| health
services where she can obtain a breast examination | 2 |
| and instructions.
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| (Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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