Full Text of SB1617 96th General Assembly
SB1617eng 96TH GENERAL ASSEMBLY
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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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| (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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| 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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| 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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| 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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| 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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