Public Act 101-0323
 
SB1291 EnrolledLRB101 04037 CPF 49045 b

    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, 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
    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
        (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.
    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. 98-214, eff. 8-9-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019