Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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HEALTH FACILITIES AND REGULATION210 ILCS 5/1
(210 ILCS 5/) Ambulatory Surgical Treatment Center Act.
(210 ILCS 5/1)
(from Ch. 111 1/2, par. 157-8.1)
This Act may be cited as the
Ambulatory Surgical Treatment Center Act.
(Source: P.A. 78-227.)
210 ILCS 5/2
(210 ILCS 5/2)
(from Ch. 111 1/2, par. 157-8.2)
It is declared to be the public policy that the State has a legitimate
interest in assuring that all medical procedures, including abortions, are
performed under circumstances that insure maximum safety. Therefore, the
purpose of this Act is to provide for the better protection of the public
health through the development, establishment, and enforcement of standards
(1) for the care of individuals in ambulatory surgical treatment centers,
and (2) for the construction, maintenance and operation of ambulatory
surgical treatment centers, which, in light of advancing knowledge, will
promote safe and adequate treatment of such individuals in ambulatory
surgical treatment centers.
(Source: P.A. 78-227.)
210 ILCS 5/3
(210 ILCS 5/3)
(from Ch. 111 1/2, par. 157-8.3)
As used in this Act, unless the context otherwise requires, the
following words and phrases shall have the meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any institution, place
or building devoted primarily to the maintenance and operation of
facilities for the performance of surgical procedures or any facility in
which a medical or surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to this purpose.
Such facility shall not provide beds or other accommodations for the
overnight stay of patients; however, facilities devoted exclusively to the
treatment of children may provide accommodations and beds for their patients
for up to 23 hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the continued well
being of the patients or shall be transferred to a hospital.
The term "ambulatory surgical treatment center" does not include any of the
(1) Any institution, place, building or agency
required to be licensed pursuant to the "Hospital Licensing Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act.
(3) Hospitals or ambulatory surgical treatment
centers maintained by the State or any department or agency thereof, where such department or agency has authority under law to establish and enforce standards for the hospitals or ambulatory surgical treatment centers under its management and control.
(4) Hospitals or ambulatory surgical treatment
centers maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted exclusively to the performance of dental or oral surgical procedures.
(B) "Person" means any individual, firm, partnership, corporation,
company, association, or joint stock association, or the legal successor
(C) "Department" means the Department of Public Health of the State of
(D) "Director" means the Director of the Department of Public Health of
the State of Illinois.
(E) "Physician" means a person licensed to practice medicine in all of
its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice dentistry under the
Illinois Dental Practice Act.
(G) "Podiatrist" means a person licensed to practice podiatry under
the Podiatric Medical Practice Act of 1987.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
210 ILCS 5/4
(210 ILCS 5/4)
(from Ch. 111 1/2, par. 157-8.4)
No person shall open, conduct or maintain an ambulatory surgical
treatment center without first obtaining a license from the Department.
Nothing in this Act shall be construed to impair or abridge the power of
municipalities to license and regulate ambulatory surgical treatment
centers, provided that the municipal ordinance requires compliance with at
least the minimum requirements developed by the Department pursuant to this
The Administrative Review Law, as heretofore or
hereafter amended, shall be applicable to the judicial review of final
administrative decisions of the regulatory agency of the municipality. Any
municipality having an ordinance licensing and regulating ambulatory
surgical treatment centers which provides for minimum standards and
regulations which meet at least the minimum requirements established
pursuant to this Act shall make such periodic reports to the Department as
the Department may deem necessary. This report shall include a list of
ambulatory surgical treatment centers meeting standards substantially
equivalent to those promulgated by the Department under this Act. The
Department may issue a license to such ambulatory surgical treatment
centers based upon such reports or the Department may conduct
investigations or inspections to determine whether a license should be
issued to these ambulatory surgical treatment centers.
(Source: P.A. 82-783.)
210 ILCS 5/5
(210 ILCS 5/5)
(from Ch. 111 1/2, par. 157-8.5)
An application for a license to operate an ambulatory surgical
treatment center shall be made to the Department upon forms provided by
it and shall contain such information as the Department reasonably
requires, which may include affirmative evidence of ability to comply
with the provisions of this Act and the standards, rules and
regulations, promulgated by virtue thereof.
All applications required under this Section shall be signed by the
applicant, verified, and accompanied by a license
fee of $500.
(Source: P.A. 81-224.)
210 ILCS 5/6
(210 ILCS 5/6)
(from Ch. 111 1/2, par. 157-8.6)
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
(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
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. 88-490.)
210 ILCS 5/6.1
(210 ILCS 5/6.1)
(from Ch. 111 1/2, par. 157-8.6-1)
Notwithstanding any other provision of this Act, any
corporation operating an Ambulatory Surgical Treatment Center devoted
primarily to providing facilities for abortion must have a physician,
who is licensed to practice medicine in all of its branches and is
actively engaged in the practice of medicine at the Center, on the board
of directors as a condition to licensure of the Center.
(Source: P.A. 81-771.)
210 ILCS 5/6.5
(210 ILCS 5/6.5)
Clinical privileges; advanced practice nurses.
All ambulatory surgical treatment centers (ASTC) licensed under this Act
comply with the following requirements:
(1) No ASTC policy, rule, regulation, or practice shall be inconsistent
with the provision of adequate collaboration and consultation in accordance with Section 54.5 of the Medical
Practice Act of 1987.
(2) Operative surgical procedures shall be performed only by a physician
practice medicine in
all its branches under the Medical Practice Act of 1987, a dentist
licensed under the
Illinois Dental Practice Act, or a podiatrist licensed under the Podiatric
Medical Practice Act of 1987,
with medical staff membership and surgical clinical privileges granted by the
committee of the ASTC. A licensed physician, dentist, or podiatrist may
be assisted by
a physician licensed to practice medicine in all its branches, dentist, dental
advanced practice nurse, licensed physician assistant, licensed
registered nurse, licensed practical nurse,
assistant, surgical technician, or other individuals granted clinical
privileges to assist in surgery
by the consulting committee of the ASTC.
Payment for services rendered by an assistant in surgery who is not an
ambulatory surgical treatment center employee shall be paid
at the appropriate non-physician modifier
rate if the payor would have made payment had the same services been provided
by a physician.
(2.5) A registered nurse licensed under the Nurse Practice Act and qualified by training and experience in operating room nursing shall be present in the operating room and function as the circulating nurse during all invasive or operative procedures. For purposes of this paragraph (2.5), "circulating nurse" means a registered nurse who is responsible for coordinating all nursing care, patient safety needs, and the needs of the surgical team in the operating room during an invasive or operative procedure.
(3) An advanced practice nurse is not required to possess prescriptive authority or a written collaborative agreement meeting the requirements of the Nurse Practice Act to provide advanced practice nursing services in an ambulatory surgical treatment center. An advanced practice nurse must possess clinical privileges granted by the consulting medical staff committee and ambulatory surgical treatment center in order to provide services. Individual advanced practice nurses may also be granted clinical privileges to order, select, and administer medications, including controlled substances, to provide delineated care. The attending physician must determine the advance practice nurse's role in providing care for his or her patients, except as otherwise provided in the consulting staff policies. The consulting medical staff committee shall periodically review the services of advanced practice nurses granted privileges.
(4) The anesthesia service shall be under the direction of a physician
licensed to practice
medicine in all its branches who has had specialized preparation or experience
in the area
or who has completed a residency in anesthesiology. An anesthesiologist, Board
Board eligible, is recommended. Anesthesia services may
administered pursuant to the order of a physician licensed to practice medicine
in all its
branches, licensed dentist, or licensed podiatrist.
(A) The individuals who, with clinical privileges
granted by the medical staff and ASTC, may administer anesthesia services are limited to the following:
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine in
(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois Dental Practice Act; or
(iv) a licensed certified registered nurse
(v) a podiatrist licensed under the Podiatric
Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist
shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions. In the absence of 24-hour availability of anesthesiologists with clinical privileges, an alternate policy (requiring participation, presence, and availability of a physician licensed to practice medicine in all its branches) shall be developed by the medical staff consulting committee in consultation with the anesthesia service and included in the medical staff consulting committee policies.
(C) A certified registered nurse anesthetist is not
required to possess prescriptive authority or a written collaborative agreement meeting the requirements of Section 65-35 of the Nurse Practice Act to provide anesthesia services ordered by a licensed physician, dentist, or podiatrist. Licensed certified registered nurse anesthetists are authorized to select, order, and administer drugs and apply the appropriate medical devices in the provision of anesthesia services under the anesthesia plan agreed with by the anesthesiologist or, in the absence of an available anesthesiologist with clinical privileges, agreed with by the operating physician, operating dentist, or operating podiatrist in accordance with the medical staff consulting committee policies of a licensed ambulatory surgical treatment center.
(Source: P.A. 94-915, eff. 1-1-07; 95-639, eff. 10-5-07; 95-911, eff. 8-26-08.)
210 ILCS 5/6.6
(210 ILCS 5/6.6)
Clinical privileges; physician assistants.
No ambulatory surgical treatment center (ASTC) licensed under this Act shall adopt any policy, rule, regulation, or practice inconsistent with the provision of adequate supervision in accordance with Section 54.5 of the Medical Practice Act of 1987 and the Physician Assistant Practice Act of 1987.
(Source: P.A. 97-1071, eff. 8-24-12.)
210 ILCS 5/6.7
(210 ILCS 5/6.7)
Registered nurse administration of limited levels of sedation or analgesia.
(a) Nothing in this Act precludes a registered nurse from administering medications for the delivery of local or minimal sedation ordered by a physician licensed to practice medicine in all its branches, podiatrist, or dentist.
(b) If the ASTC policy allows the registered nurse to deliver moderate sedation ordered by a physician licensed to practice medicine in all its branches, podiatrist, or dentist, the following are required:
(1) The registered nurse must be under the
supervision of a physician licensed to practice medicine in all its branches, podiatrist, or dentist during the delivery or monitoring of moderate sedation and have no other responsibilities during the procedure.
(2) The registered nurse must maintain current
Advanced Cardiac Life Support certification or Pediatric Advanced Life Support certification as appropriate to the age of the patient.
(3) The supervising physician licensed to practice
medicine in all its branches, podiatrist, or dentist must have training and experience in delivering and monitoring moderate sedation and possess clinical privileges at the ASTC to administer moderate sedation or analgesia.
(4) The supervising physician licensed to practice
medicine in all its branches, podiatrist, or dentist must remain physically present and available on the premises during the delivery of moderate sedation for diagnosis, consultation, and treatment of emergency medical conditions.
(5) The supervising physician licensed to practice
medicine in all its branches, podiatrist, or dentist must maintain current Advanced Cardiac Life Support certification or Pediatric Advanced Life Support certification as appropriate to the age of the patient.
(c) Local, minimal, and moderate sedation shall be defined by the Division of Professional Regulation of the Department of Financial and Professional Regulation. Registered nurses shall be limited to administering medications for moderate sedation at doses rapidly reversible pharmacologically as determined by rule by the Division of Professional Regulation of the Department of Financial and Professional Regulation.
(Source: P.A. 94-861, eff. 6-16-06.)
210 ILCS 5/7a
(210 ILCS 5/7a)
(from Ch. 111 1/2, par. 157-8.7a)
(a) As a condition of the issuance or renewal of the license of
any ambulatory surgical treatment center, the applicant shall file a statement
of ownership. The applicant shall agree to update the information required
in the statement of ownership every 6 months from the initial date of filing.
(b) The statement of ownership shall include the following:
(1) The name, telephone number and occupation of every person who has
entered into a contract to manage or operate or who owns or controls, directly
or indirectly, any of the shares of stock of, or any other financial interest
in, the facility which is the subject of the application or license, and
the percentage of such interest; and
(2) The address of any facility, wherever located, any financial interest
in which is owned or controlled, directly or indirectly, by the applicant,
if the facility is required to be licensed if it were located in this State.
(Source: P.A. 81-224.)
210 ILCS 5/7b
(210 ILCS 5/7b)
(from Ch. 111 1/2, par. 157-8.7b)
(a) Each licensee shall file an attested financial statement with
the Department by July 1, 1980 and at times thereafter as required. An
audited financial statement may be required of a particular facility, if
the Director determines that additional information is needed.
(b) No public funds shall be expended for the care or treatment of any
patient in an ambulatory surgical treatment center which has failed to file
the financial statement required by this Section, and no public funds shall
be paid to or on behalf of a facility which has failed to file a statement.
(c) The Director shall promulgate regulations for the filing of financial
statements, and shall provide in these regulations for forms, information
required, intervals and dates of filing, and such other provisions as he
may deem necessary. Regulations shall be published in sufficient time to
permit those licensees who must first file financial statements time in which to do so.
(d) The Director shall seek the advice and comments of other State and
Federal agencies which require the submission of financial data from facilities
licensed under this Act and shall incorporate the information requirements
of these agencies into the forms it adopts or issues under this Act and
shall otherwise coordinate its regulations with the requirements of these
agencies so as to impose the least possible burden on licensees. No other
State agency may require submission of financial data except as expressly
authorized by law or as necessary to meet requirements of federal law or
regulation. Information obtained under this Section shall be made available,
upon request, by the Department to any other State agency or legislative
commission to which such information is necessary for investigations or
to execute the intent of State or Federal law or regulation.
(Source: P.A. 81-224.)
210 ILCS 5/8
(210 ILCS 5/8)
(from Ch. 111 1/2, par. 157-8.8)
Facility plan review; fees.
(a) Before commencing construction of new facilities or specified types
of alteration or additions to an existing ambulatory surgical treatment
center involving major construction, as defined by rule by the
Department, with an estimated cost greater than $100,000,
architectural drawings and specifications therefor shall be
submitted to the Department for review and approval.
A facility may submit architectural drawings and specifications for other
construction projects for Department review according to subsection (b) that
shall not be subject to fees under subsection (d).
Review of drawings and specifications shall be conducted by an employee of
the Department meeting the qualifications established by the Department of
Central Management Services
class specifications for such an individual's position or by a person
contracting with the Department who meets those class specifications.
Final approval of the
drawings and specifications for compliance with design and construction
standards shall be obtained from the Department before the alteration,
addition, or new construction is begun.
(b) The Department shall inform an applicant in writing within 10 working
days after receiving drawings and specifications and the required fee, if any,
from the applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed complete for purposes
of initiating the 60-day review period under this Section. If the submission
is incomplete, the Department shall inform the applicant of the deficiencies
with the submission in writing. If the submission is complete and the required
fee, if any, has been paid,
the Department shall approve or disapprove drawings and specifications
submitted to the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of sufficient detail, as
provided by Department rule, to enable the Department to render a determination
of compliance with design and construction standards under this Act.
If the Department finds that the drawings are not of sufficient detail for it
to render a determination of compliance, the plans shall be determined to be
incomplete and shall not be considered for purposes of initiating the 60 day
If a submission of drawings and specifications is incomplete, the applicant
may submit additional information. The 60-day review period shall not commence
until the Department determines that a submission of drawings and
specifications is complete or the submission is deemed complete.
If the Department has not approved or disapproved the
drawings and specifications within 60 days, the construction, major alteration,
or addition shall be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with specificity, the
reasons for the disapproval. The entity submitting the drawings and
specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration request. If denied,
the Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for occupancy pursuant
to subsection (g) and shall not issue a violation to a facility as a result of
a licensure or complaint survey based upon the facility's physical structure
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance with design and construction standards;
(2) the construction, major alteration, or addition
(3) the law or rules have not been amended since the
(4) the conditions at the facility indicate that
there is a reasonable degree of safety provided for the patients.
(d) The Department shall charge the following fees in connection with its
reviews conducted before June 30, 2004 under this Section:
(3) If the estimated dollar value of the alteration,
addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.
(4) If the estimated dollar value of the alteration,
addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the alteration,
addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the alteration,
addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply to major
construction projects involving facility changes that are required by
Department rule amendments.
The fees provided in this subsection (d) shall also not apply to major
construction projects if 51% or more of the estimated cost of the project is
attributed to capital equipment. For major construction projects where 51% or
more of the estimated cost of the project is attributed to capital equipment,
the Department shall by rule establish a fee that is reasonably related to the
cost of reviewing the project.
The Department shall not commence the facility plan review process under this
Section until the applicable fee has been paid.
(e) All fees received by the Department under this Section shall be
deposited into the Health Facility Plan Review Fund, a special fund created in
the State Treasury. Moneys shall be appropriated from that Fund to the
Department only to pay the costs of conducting reviews under this Section.
All fees paid by ambulatory surgical treatment centers under subsection (d)
shall be used only to cover the costs relating to the Department's review of
ambulatory surgical treatment center projects under this Section.
None of the moneys in the Health Facility Plan Review Fund shall be used to
reduce the amount of General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only to drawings and specifications submitted to the Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an applicant may submit or resubmit drawings and specifications to the Department and pay the fees provided in subsection (d). If an applicant pays the fees provided in subsection (d) under this paragraph (2), the provisions of subsection (b) shall apply with regard to those drawings and specifications.
(g) The Department shall conduct an on-site inspection of the completed
project no later than 30 days after notification from the applicant that the
project has been completed and all certifications required by the Department
have been received and accepted by the Department. The Department shall
provide written approval for occupancy to the applicant within 5 working days
of the Department's final inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule. Occupancy of new major
construction is prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved. Occupancy
shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure to conduct interim
on-site review of large or complex construction projects.
(i) The Department shall establish, by rule, an expedited process for
emergency repairs or replacement of like equipment.
(j) Nothing in this Section shall be construed to apply to maintenance,
upkeep, or renovation that does not affect the structural integrity of the
building, does not add beds or services over the number for which the facility
is licensed, and provides a reasonable degree of safety for the patients.
(Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98; 91-712, eff. 7-1-00.)
210 ILCS 5/9
(210 ILCS 5/9)
(from Ch. 111 1/2, par. 157-8.9)
Inspections and investigations.
The Department shall make or cause to
be made inspections and investigations it deems necessary. Information received
by the Department through filed reports, inspection, or as otherwise authorized
under this Act shall not be disclosed publicly in a manner to identify
individual patients, except to another State agency for purposes of
investigation of professional or business practices in a licensed ambulatory
surgical treatment center. The other State agency shall not disclose the
individual patient information publicly.
Every facility licensed under this Act and any premises proposed to
be conducted as a facility by an applicant for a license shall be open
at all reasonable times to an inspection authorized in writing by the
Director. No notice need be given to any person before any inspection.
(Source: P.A. 88-490.)
210 ILCS 5/9a
(210 ILCS 5/9a)
(from Ch. 111 1/2, par. 157-8.9a)
Whenever an inspection of any ambulatory surgical treatment center
discloses that the continued operation of such facility constitutes an imminent
and serious menace to the health or safety of the patients thereof, or in
the event of a conviction of a licensee under Section 12 of this Act, the
inspector is authorized to immediately close such facility. Once the facility
has been closed, the personnel employed there shall cease any activity related
to the patients, unless continued treatment of any given patient is necessary
to protect his or her health or life. A written order setting forth the
grounds on which any action under this Section is based shall be served
on the licensee within 24 hours after such action is taken. Any licensee
whose ambulatory surgical treatment center has been closed may, within 10
days thereafter, by written notice, request that the Director conduct a
hearing and a reinspection
under the provisions of this Act. If a subsequent inspection discloses
that the violations of this Act or rules, regulations or standards have
been abated, the Director shall cancel the order of closing and permit patients
to be treated therein. The remedies provided in this Section are in addition
to and not exclusive of any other remedy provided by law.
(Source: P.A. 81-224.)
210 ILCS 5/9b
(210 ILCS 5/9b)
(from Ch. 111 1/2, par. 157-8.9b)
The Department shall establish by rule a procedure for receiving
and investigating complaints regarding any ambulatory surgical treatment
center or any physician practicing in any such facility.
(Source: P.A. 81-224.)
210 ILCS 5/10
(210 ILCS 5/10)
(from Ch. 111 1/2, par. 157-8.10)
The Department shall prescribe and publish minimum standards, rules and
regulations necessary to implement the provisions of this Act which shall
include, but not be limited to:
(a) construction of the facility including, but not limited to,
plumbing, heating, lighting, and ventilation which shall ensure the health,
safety, comfort and privacy of patients and protection from fire hazard;
(b) number and qualifications of all personnel, including administrative
and nursing personnel, having responsibility for any part of the care
provided to the patients;
(c) equipment essential to the health, welfare and safety of the
(d) facilities, programs and services to be provided in connection with
the care of patients in ambulatory surgical treatment centers.
(Source: P.A. 78-227.)
210 ILCS 5/10a
(210 ILCS 5/10a)
(from Ch. 111 1/2, par. 157-8.10a)
The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
(Source: P.A. 88-45.)
210 ILCS 5/10b
(210 ILCS 5/10b)
(from Ch. 111 1/2, par. 157-8.10b)
Notice of violation.
When the Department determines that a
facility is in violation of this Act or of any rule promulgated hereunder,
a notice of violation shall be served upon the licensee. Each notice of
violation shall be prepared in writing and shall specify the nature of the
violation and the statutory provision or rule alleged to have been violated.
The notice shall inform the licensee of any action the Department may take
under the Act, including the requirement of a plan of correction under
Section 10c, assessment of a penalty under Section 10d, or licensure action
under Section 10f. The Director or his designee shall also inform the
licensee of the right to a hearing under Section 10g.
(Source: P.A. 86-1292.)
210 ILCS 5/10c
(210 ILCS 5/10c)
(from Ch. 111 1/2, par. 157-8.10c)
Plan of correction.
(a) Each facility served with a notice of violation under Section 10b of
this Act shall file with the Department a written plan of correction, which
is subject to approval of the Department, within 10 days of receipt of such
notice. Such plan of correction shall state with particularity the method
by which the facility intends to correct each violation and shall contain a
stated date by which each violation shall be corrected.
(b) If the Department rejects a plan of correction, it shall send notice
of the rejection and the reason for the rejection to the licensee. The
facility shall have 10 days after receipt of the notice of rejection to
submit a modified plan. If the modified plan is not timely submitted, or if
the modified plan is rejected, the facility shall follow a plan of
correction imposed by the Department.
(c) If a facility desires to contest any Department action under this
Section it shall send a written request for a hearing under Section 10g to
the Department within 10 days of receipt of the notice of the contested
action. The Department shall commence the hearing as provided in Section
10g. Whenever possible, all actions of the Department under this Section
arising out of a single violation shall be contested and determined at a
single hearing. Issues decided as the result of the hearing process may not
be reheard at subsequent hearings under this Act, but such determinations
may be used as grounds for other administrative action by the Department
pursuant to this Act.
(Source: P.A. 86-1292.)
210 ILCS 5/10d
(210 ILCS 5/10d)
(from Ch. 111 1/2, par. 157-8.10d)
Fines and penalties.
(a) When the Director determines that
a facility has failed to comply with this Act or the Illinois Adverse Health Care Events Reporting Law of 2005 or any rule adopted
under either of those Acts, the Department may issue a notice of fine assessment which shall
specify the violations for which the fine is assessed. The Department may
assess a fine of up to $500 per violation per day commencing on the date
the violation was identified and ending on the date the violation is
corrected, or action is taken to suspend, revoke or deny renewal of the
license, whichever comes first.
(b) In determining whether a fine is to be assessed or the amount of such
fine, the Director shall consider the following factors:
(1) The gravity of the violation, including the
probability that death or serious physical or mental harm to a patient will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated;
(2) The reasonable diligence exercised by the
licensee and efforts to correct violations;
(3) Any previous violations committed by the
(4) The financial benefit to the facility of
committing or continuing the violation.
(Source: P.A. 94-242, eff. 7-18-05.)
210 ILCS 5/10e
(210 ILCS 5/10e)
(from Ch. 111 1/2, par. 157-8.10e)
Payment of fines.
All fines shall be paid to the Department
within 10 days of the notice of assessment or, if the fine is contested
under Section 10g of this Act, within 10 days of the receipt of the
Director's final decision, unless the decision is appealed and the order is
stayed by court order under Section 11 of this Act. A fine assessed under
this Act shall be collected by the Department. If the licensee against whom
the fine has been assessed does not comply with a written demand for
payment within 30 days, the Director shall issue an order to do any of the
(a) Certify to the Comptroller, as provided by rule of the Department,
the delinquent fines due and owing from the licensee or any amounts due and
owing as a result of a civil action pursuant to paragraph (c) of this
Section. The purpose of certification shall be to intercept State income
tax refunds and other payments due such licensee in order to satisfy, in
whole or in part, any delinquent fines or amounts recoverable in a civil
action brought pursuant to paragraph (c) of this Section. The rule shall
provide for notice to any such licensee or person affected. Any final
administrative decision rendered by the Department with respect to any
certification made pursuant to this paragraph (a) shall be reviewed only
under and in accordance with the Administrative Review Law.
(b) Add the amount of the penalty to the facility's licensing fee. If
the licensee refuses to make the payment at the time of the application for
renewal of its license, the license shall not be renewed.
(c) Bring an action in circuit court to recover the amount of the penalty.
(Source: P.A. 86-1292.)
210 ILCS 5/10f
(210 ILCS 5/10f)
(from Ch. 111 1/2, par. 157-8.10f)
Denial, suspension, revocation or refusal to renew a license;
suspension of a service.
(a) When the Director determines that there is or
has been a substantial or continued failure to comply with this Act or any
rule promulgated hereunder, the Department may issue an order of license
denial, suspension or revocation, or refusal to renew a license, in
accordance with subsection (a) of Section 10g of this Act.
(b) When the Director determines that a facility has failed to
demonstrate the capacity to safely provide one or more of its services to
patients, the Department may issue an order of service suspension in
accordance with subsection (a) of Section 10g of this Act.
(c) If, however, the Department finds that the public interest, health,
safety, or welfare imperatively requires emergency action, and if the
Director incorporates a finding to that effect in the order, summary
suspension of a service or a license to open, conduct, operate, and
maintain an ambulatory surgical treatment center or any part thereof may be
ordered pending proceedings for license revocation or other action, which
shall be promptly instituted and determined.
(Source: P.A. 86-1292.)
210 ILCS 5/10g
(210 ILCS 5/10g)
(from Ch. 111 1/2, par. 157-8.10g)
Notice of administrative actions; hearing procedures.
(a) Notice of all administrative actions taken under this Act shall be
effected by registered mail, certified mail, or personal service and shall
set forth the particular reasons for the proposed action and provide the
applicant or licensee with an opportunity to request a hearing. If a
hearing request is not received within 10 days, the right to a hearing
(b) The procedure governing hearings authorized by this Section shall be
in accordance with rules promulgated by the Department consistent with this
Act. A hearing shall be conducted by the Director or by an individual
designated in writing by the Director as hearing officer. A full and
complete record shall be kept of all proceedings, including notice of
hearing, complaint, and all other documents in the nature of pleadings,
written motions filed in the proceedings, and the report and orders of the
Director and hearing officer. All testimony shall be reported but need not
be transcribed unless the decision is appealed pursuant to Section 11 of
this Act. A copy or copies of the transcript may be obtained by any
interested party on payment of the cost of preparing such copy or copies.
(c) The Director or hearing officer shall, upon his own motion or on the
written request of any party to the proceeding, issue subpoenas requiring
the attendance and testimony of witnesses and subpoenas duces tecum
requiring the production of books, papers, records or memoranda. The fees
of witnesses for attendance and travel shall be the same as the fees of
witnesses before any circuit court of this State. Such fees shall be paid
when the witness is excused from further attendance. When the witness is
subpoenaed at the instance of the Director or hearing officer, such fees
shall be paid in the same manner as other expenses of the Department. When
the witness is subpoenaed at the instance of any other party to a
proceeding, the Department may require that the cost of service of the
subpoena or subpoena duces tecum and the fee of the witness be borne by the
party at whose instance the witness is summoned. In such case, the
Department, in its discretion, may require a deposit to cover the cost of
such service and witness fees. A subpoena or subpoena duces tecum issued
under this Section shall be served in the same manner as a subpoena issued by a court.
(d) Any circuit court of this State, upon the application of the
Director or the application of any other party to the proceeding, may, in
its discretion, compel the attendance of witnesses, the production of
books, papers, records or memoranda, and the giving of testimony before the
Director or hearing officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court.
(e) The Director or hearing officer, or any party in a hearing before the
Department, may cause the deposition of witnesses within the State to be
taken in the manner prescribed by law for depositions in civil actions in
courts of this State, and may compel the attendance of witnesses and the
production of books, papers, records or memoranda.
(f) The Director or Hearing Officer shall make findings of fact in such
hearing and the Director shall render his decision within 60 days
after the termination or waiving of the hearing unless additional time is
required by him for a proper disposition of the matter. When the hearing
has been conducted by a hearing officer, the Director shall review the
record and findings of fact before rendering a decision. A copy of the
findings of fact and decision of the Director shall be served upon the
applicant or licensee in person, by registered mail, or by certified mail
in the same manner as the service of the notice of hearing. The decision
denying, suspending, or revoking a license shall become final 35 days after
it is mailed or served, unless the applicant or licensee, within the 35-day
period, petitions for review pursuant to Section 11 of this Act.
(Source: P.A. 86-1292.)
210 ILCS 5/11
(210 ILCS 5/11)
(from Ch. 111 1/2, par. 157-8.11)
Whenever the Department refuses to grant, or revokes or suspends a
license to open, conduct or maintain an ambulatory surgical treatment
center, the applicant or licensee may have such decision judicially
reviewed. The provisions of the Administrative Review Law and the rules
adopted pursuant thereto shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Department
hereunder. The term "administrative decisions" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
210 ILCS 5/12
(210 ILCS 5/12)
(from Ch. 111 1/2, par. 157-8.12)
Any person opening, conducting or maintaining an ambulatory surgical
treatment center without a license issued pursuant to this Act shall be
guilty of a business offense punishable by a fine of $10,000 and each day's
violation shall constitute a separate offense. Any person opening,
conducting or maintaining an ambulatory surgical treatment center who violates
any other provision of this Act shall be guilty of a business offense punishable
by a fine of not more than $10,000.
(Source: P.A. 81-224.)
210 ILCS 5/13
(210 ILCS 5/13)
(from Ch. 111 1/2, par. 157-8.13)
The operation or maintenance of an ambulatory surgical treatment center
in violation of this Act or of the Rules and Regulations promulgated by the
Department is declared a public nuisance inimical to the public welfare.
The Director of the Department, in the name of the People of the State,
through the Attorney General or the State's Attorney of the county in which
the violation occurs, may, in addition to other remedies herein provided,
bring action for an injunction to restrain such violation or to enjoin the
future operation or maintenance of any such ambulatory surgical treatment
(Source: P.A. 78-227.)
210 ILCS 5/14
(210 ILCS 5/14)
(from Ch. 111 1/2, par. 157-8.14)
The Governor shall appoint an Ambulatory Surgical Treatment Center
Licensing Board composed of 12 persons. Four members shall be practicing
physicians; one member shall be a practicing podiatrist;
one member shall be a dentist who has been licensed to perform
oral surgery; one member shall be an Illinois registered professional nurse
who is employed in an ambulatory surgical treatment center; one member
shall be a person actively engaged in the supervision or administration of
a health facility; and 4 members shall represent the general public and
shall have no personal economic interest in any institution, place or
building licensed pursuant to this Act. In making Board appointments, the
Governor shall give consideration to recommendations made through the
Director by appropriate professional organizations.
Each member shall hold office for a term of 3 years and the terms of
office of the members first taking office shall expire, as designated at
the time of appointment, 3 at the end of the first year, 3 at the end of
the second year, and 6 at the end of the third year, after the date of
appointment. The term of office of each original appointee shall commence
October 1, 1973; and the term of office of each successor shall commence on
October 1 of the year in which his predecessor's term expires. Any member
appointed to fill a vacancy occurring prior to the expiration of the term
for which his predecessor was appointed shall be appointed for the
remainder of such term. Board members, while serving on business of the
Board shall receive actual and necessary travel and subsistence expenses
while so serving away from their places of residence. The Board shall meet
as frequently as the Director deems necessary, but not less than once a
year. Upon request of 3 or more members, the Director shall call a meeting
of the Board.
The Board shall advise and consult with the Department in the
administration of this Act, provided that no rule
shall be adopted by the Department concerning the operation of ambulatory
surgical treatment centers licensed under this Act which has not had prior
approval of the Ambulatory Surgical Treatment Center Licensing Board.
The Department shall submit a final draft of all rules to the Board for
review and approval. The final draft rules shall be placed upon the agenda
of a scheduled Board meeting which shall be called within 90 days of the
submission of such rules. If the Board takes no action on the final draft
rules within the 90-day period, the rules shall be considered approved and
the Department may proceed with their promulgation in conformance with the
Illinois Administrative Procedure Act. If the final draft rules are
approved by virtue of the Board's failure to act, the Department shall
afford any member of the Board 10 days within which to comment upon such
rules. In the event of a rule promulgation without approval of the Board,
the Department shall allow the Board an ex post facto opportunity to
discuss such rule following its adoption.
(Source: P.A. 86-1292.)
210 ILCS 5/15
(210 ILCS 5/15)
(from Ch. 111 1/2, par. 157-8.15)
If any provision of this Act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the
provisions or application of this Act which can be given effect without the
invalid provision or application, and to this end the provisions of the Act
are declared to be severable.
(Source: P.A. 78-227)
210 ILCS 5/16
(210 ILCS 5/16)
(from Ch. 111 1/2, par. 157-8.16)
This Act shall take effect upon its becoming a law.
(Source: P.A. 78-227.)