Illinois General Assembly - Full Text of HB4393
Illinois General Assembly

Previous General Assemblies

Full Text of HB4393  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Sheri Jesiel


210 ILCS 5/3  from Ch. 111 1/2, par. 157-8.3
210 ILCS 5/6.3 new

    Amends the Ambulatory Surgical Treatment Center Act. Provides for the licensure of pregnancy termination specialty centers. Defines "pregnancy termination specialty center" as a facility that performs 50 or more surgical abortions in one calendar year. Provides that the definition of "ambulatory surgical treatment center" does not include a pregnancy termination specialty center. Contains certain requirements for pregnancy termination specialty centers. Provides that certain requirements pertaining to ambulatory surgical treatment centers do not apply to pregnancy termination specialty centers. Provides that the provisions of the Act apply to pregnancy termination specialty centers, but if a provision of the Act is in conflict with a provision concerning pregnancy termination specialty centers, then the provision concerning pregnancy termination specialty centers shall control. Requires the Department of Public Health to annually conduct at least one unannounced inspection of each pregnancy termination specialty center. Contains provisions requiring the notification of patients if the Department finds a violation of the Act that could threaten patients' health. Effective immediately.

LRB100 18418 MJP 33632 b






HB4393LRB100 18418 MJP 33632 b

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 3 and by adding Section 6.3 as
7    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
8    Sec. 3. As used in this Act, unless the context otherwise
9requires, the following words and phrases shall have the
10meanings ascribed to them:
11    (A) "Ambulatory surgical treatment center" means any
12institution, place or building devoted primarily to the
13maintenance and operation of facilities for the performance of
14surgical procedures. "Ambulatory surgical treatment center"
15includes any place that meets and complies with the definition
16of an ambulatory surgical treatment center under the rules
17adopted by the Department or any facility in which a medical or
18surgical procedure is utilized to terminate a pregnancy,
19irrespective of whether the facility is devoted primarily to
20this purpose. Such facility shall not provide beds or other
21accommodations for the overnight stay of patients; however,
22facilities devoted exclusively to the treatment of children may
23provide accommodations and beds for their patients for up to 23



HB4393- 2 -LRB100 18418 MJP 33632 b

1hours following admission. Individual patients shall be
2discharged in an ambulatory condition without danger to the
3continued well being of the patients or shall be transferred to
4a hospital.
5    The term "ambulatory surgical treatment center" does not
6include any of the following:
7        (1) Any institution, place, building or agency
8    required to be licensed pursuant to the "Hospital Licensing
9    Act", approved July 1, 1953, as amended.
10        (2) Any person or institution required to be licensed
11    pursuant to the Nursing Home Care Act, the Specialized
12    Mental Health Rehabilitation Act of 2013, the ID/DD
13    Community Care Act, or the MC/DD Act.
14        (3) Hospitals or ambulatory surgical treatment centers
15    maintained by the State or any department or agency
16    thereof, where such department or agency has authority
17    under law to establish and enforce standards for the
18    hospitals or ambulatory surgical treatment centers under
19    its management and control.
20        (4) Hospitals or ambulatory surgical treatment centers
21    maintained by the Federal Government or agencies thereof.
22        (5) Any place, agency, clinic, or practice, public or
23    private, whether organized for profit or not, devoted
24    exclusively to the performance of dental or oral surgical
25    procedures.
26        (6) Any pregnancy termination specialty center.



HB4393- 3 -LRB100 18418 MJP 33632 b

1    (B) "Person" means any individual, firm, partnership,
2corporation, company, association, or joint stock association,
3or the legal successor thereof.
4    (C) "Department" means the Department of Public Health of
5the State of Illinois.
6    (D) "Director" means the Director of the Department of
7Public Health of the State of Illinois.
8    (E) "Physician" means a person licensed to practice
9medicine in all of its branches in the State of Illinois.
10    (F) "Dentist" means a person licensed to practice dentistry
11under the Illinois Dental Practice Act.
12    (G) "Podiatric physician" means a person licensed to
13practice podiatry under the Podiatric Medical Practice Act of
15    (H) "Pregnancy termination specialty center" means any
16facility that performs 50 or more surgical abortions in one
17calendar year.
18(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;
1999-180, eff. 7-29-15.)
20    (210 ILCS 5/6.3 new)
21    Sec. 6.3. Pregnancy termination specialty centers.
22    (a) On and after the effective date of this amendatory Act
23of the 100th General Assembly, a pregnancy termination
24specialty center must be licensed to operate in this State.
25    The initial and renewal application for licensure must



HB4393- 4 -LRB100 18418 MJP 33632 b

1include the name, address, and telephone number of all owners,
2administrators, and medical directors of the pregnancy
3termination specialty center. However, the other information
4required by this Section shall be maintained at the pregnancy
5termination specialty center and be available for inspection by
6the Department. The information shall include the original or
7notarized copies of the credentials of all licensed or
8certified personnel.
9    (b) A pregnancy termination specialty center must comply
10with the provisions of this Act and the rules adopted under
11this Act. However, if there is any conflict between this
12Section and a provision of this Act or rule adopted under this
13Act, this Section shall control.
14    (c) A pregnancy termination specialty center must comply
15with the following requirements:
16        (1) Mechanical ventilation devices and intubation
17    equipment shall be available on-site if intravenous
18    sedation is used.
19        (2) If the facility does not meet the requirements of
20    77 Ill. Adm. Code 205.540(d), the medical director or a
21    physician practicing at the pregnancy termination
22    specialty center must have a professional working
23    relationship or agreement, maintained in writing at the
24    pregnancy termination specialty center and verifiable by
25    the Department, with a physician (i) who has admitting or
26    practice privileges at a licensed hospital within 15



HB4393- 5 -LRB100 18418 MJP 33632 b

1    minutes from the pregnancy termination specialty center
2    and (ii) who will assume responsibility for all patients
3    requiring such follow-up care.
4        (3) Adequate space shall be provided to accommodate any
5    equipment necessary for examination, to perform
6    examinations safely, and to allow unobstructed ingress and
7    egress to and from the examination area; however, a
8    separate examination room is not required.
9        (4) Each room in which a procedure to terminate
10    pregnancy is performed shall be at least 120 square feet in
11    size with a minimum dimension of at least 10 feet, unless
12    the pregnancy termination specialty center demonstrates
13    that the room size is adequate to accommodate the equipment
14    required for the procedures, to facilitate the performance
15    of the procedures safely, and to protect the patients and
16    staff in the event of fire or other emergency.
17        (5) No fewer than 3 recovery beds or lounge chairs
18    shall be required for each procedure room. However, if the
19    pregnancy termination specialty center's narrative program
20    provides that no more than 2 procedures per hour will be
21    performed per procedure room, then only 2 recovery beds or
22    lounge chairs shall be required for each procedure room. A
23    minimum of 3 feet shall be provided between each recovery
24    bed or lounge chair, and an unobstructed passageway of a
25    minimum of 4 feet shall be provided at one end of each bed
26    or chair.



HB4393- 6 -LRB100 18418 MJP 33632 b

1        (6) The pregnancy termination specialty center shall
2    provide for direct visual supervision of the recovery area
3    for all patients; however, the recovery area is not
4    required to include a drug distribution station, charting
5    facility, nurses station, or storage space for supplies and
6    equipment.
7        (7) A toilet for patient use shall be in the recovery
8    area or in a location that does not require patients to
9    enter public areas or other patient care areas in order to
10    gain access from the recovery area. This toilet shall not
11    be available for public use. A gray diverter valve is not
12    required on the toilet in the recovery area if a means of
13    fluid waste disposal is provided at another location within
14    the pregnancy termination specialty center.
15        (8) A scrub station is required outside the procedure
16    room, unless the procedure room contains a sink with hand
17    washing capabilities.
18        (9) Facilities shall be provided for closed clean
19    storage that prevents contamination by soiled materials
20    and for storage and handling of soiled linens and other
21    soiled materials; however, a separate soiled workroom is
22    not required. These procedures shall be described in the
23    pregnancy termination specialty center's narrative
24    program.
25        (10) Space shall be provided for any changing or
26    gowning that is required by the specific procedures that



HB4393- 7 -LRB100 18418 MJP 33632 b

1    are being performed, in accordance with the pregnancy
2    termination specialty center's narrative program; however,
3    a one-way traffic pattern through staff change areas is not
4    required.
5        (11) There must be a separate janitor's closet for the
6    surgical suite, unless the janitor's closet for the
7    pregnancy termination specialty center is centrally
8    located and contains space for the storage of supplies
9    needed for cleaning both the surgical and non-surgical
10    areas of the pregnancy termination specialty center.
11        (12) A minimum corridor width of 5 feet and a minimum
12    door width of 3 feet shall be provided for all corridors
13    and for all doors that are accessible to the public or
14    through which patients may need to be transported in an
15    emergency.
16        (13) Ceilings in procedure and recovery rooms shall be
17    cleanable; however, the ceilings are not required to be
18    washable.
19        (14) The temperature in the pregnancy termination
20    specialty center shall be maintained between 68 and 80
21    degrees Fahrenheit; however, ventilation, air change, and
22    air filter requirements applicable to ambulatory surgical
23    treatment centers do not apply.
24    (d) The following requirements applicable to ambulatory
25surgical treatment centers do not apply to pregnancy
26termination specialty centers:



HB4393- 8 -LRB100 18418 MJP 33632 b

1        (1) The requirements of 77 Ill. Adm. Code 205.1400(d)
2    for flush thresholds and expansion joints.
3        (2) The requirements of 77 Ill. Adm. Code 205.1410 for
4    elevators.
5        (3) The requirements of 77 Ill. Adm. Code 205.1350 for
6    administrative and public areas of the pregnancy
7    termination specialty center.
8        (4) One duplex receptacle for each wall is not
9    required.
10        (5) A change area for patients is not required.
11        (6) Anesthesia and medical gas storage facilities are
12    not required.
13        (7) A control station for the operating suite is not
14    required.
15        (8) A communication system between the control station
16    and each procedure room is not required.
17    (e) The Department shall annually conduct at least one
18unannounced inspection at each pregnancy termination specialty
19center. If, during an inspection, the Department finds any
20violation of this Act or rule under this Act that could
21potentially give a patient an infectious disease that could
22threaten the health of the patient, notice of the violation
23must be immediately provided, in writing, to the patient by (i)
24the pregnancy termination specialty center or (ii) the
25Department, if the pregnancy termination specialty center has
26closed. The notice to the patient shall include a description



HB4393- 9 -LRB100 18418 MJP 33632 b

1of the violation, the time frame during which the violation
2occurred, the location of the violation, and the potential
3health risks to the patient. The pregnancy termination
4specialty center shall submit a copy of the notice in the
5pregnancy termination specialty center's plan of correction to
6the Department.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.