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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Ambulatory Surgical Treatment Center Act is
5amended by changing Section 6 as follows:
 
6    (210 ILCS 5/6)  (from Ch. 111 1/2, par. 157-8.6)
7    Sec. 6. Upon receipt of an application for a license, the
8Director may deny the application for any of the following
9reasons:
10        (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
23    reputable;

 

 

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1        (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
9        (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.
13    The Director shall only issue a license if he finds that
14the applicant facility complies with this Act and the rules,
15regulations and standards promulgated pursuant thereto and:
16        (a) is under the medical supervision of one or more
17    physicians;
18        (b) permits a surgical procedure to be performed only
19    by a physician, podiatric physician, or dentist who at the
20    time is privileged to have his patients admitted by himself
21    or an associated physician and is himself privileged to
22    perform surgical procedures in at least one Illinois
23    hospital. A dentist may be privileged at the ambulatory
24    surgical treatment center if it is determined that the
25    patient under the care of the dentist requires sedation
26    beyond the training that the dentist possesses. The

 

 

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1    determination of need for sedation shall be made by the
2    medical director of the facility where the procedure is to
3    be performed. A dentist performing a surgical procedure
4    requiring sedation at a facility must either have admitting
5    privileges at a nearby hospital where patients would
6    receive care in the event of an emergency arising during a
7    dental surgical procedure or have a memorandum of
8    understanding with a physician who has admitting
9    privileges at such a hospital; and
10        (c) maintains adequate medical records for each
11    patient.
12    A license, unless sooner suspended or revoked, shall be
13renewable annually upon approval by the Department and payment
14of a license fee of $300. Each license shall be issued only for
15the premises and persons named in the application and shall not
16be transferable or assignable. The licenses shall be posted in
17a conspicuous place on the licensed premises. A placard or
18registry of all physicians on staff in the facility shall be
19centrally located and available for inspection to any
20interested person. The Department may, either before or after
21the issuance of a license, request the cooperation of the State
22Fire Marshal. The report and recommendations of this agency
23shall be in writing and shall state with particularity its
24findings with respect to compliance or noncompliance with such
25minimum standards, rules and regulations.
26    The Director may issue a provisional license to any

 

 

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1ambulatory surgical treatment center which does not
2substantially comply with the provisions of this Act and the
3standards, rules and regulations promulgated by virtue thereof
4provided that he finds that such ambulatory surgical treatment
5center will undertake changes and corrections which upon
6completion will render the ambulatory surgical treatment
7center in substantial compliance with the provisions of this
8Act, and the standards, rules and regulations adopted
9hereunder, and provided that the health and safety of the
10patients of the ambulatory surgical treatment center will be
11protected during the period for which such provisional license
12is issued. The Director shall advise the licensee of the
13conditions under which such provisional license is issued,
14including the manner in which the facilities fail to comply
15with the provisions of the Act, standards, rules and
16regulations, and the time within which the changes and
17corrections necessary for such ambulatory surgical treatment
18center to substantially comply with this Act, and the
19standards, rules and regulations of the Department relating
20thereto shall be completed.
21    A person or facility not licensed under this Act or the
22Hospital Licensing Act shall not hold itself out to the public
23as a "surgery center" or as a "center for surgery".
24(Source: P.A. 98-214, eff. 8-9-13.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.