Rep. Thomas Morrison

Filed: 2/16/2012





09700HB4117ham001LRB097 17587 DRJ 65303 a


2    AMENDMENT NO. ______. Amend House Bill 4117 by replacing
3the title with the following:
4    "AN ACT concerning regulation, which may be referred to as
5the Women's Health and Safety Act of 2012."; and
6by replacing everything after the enacting clause with the
8    "Section 5. The Ambulatory Surgical Treatment Center Act is
9amended by changing Section 3 and by adding Section 6.2 as
11    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
12    Sec. 3. As used in this Act, unless the context otherwise
13requires, the following words and phrases shall have the
14meanings ascribed to them:



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1    (A) "Ambulatory surgical treatment center" means any
2institution, place or building devoted primarily to the
3maintenance and operation of facilities for the performance of
4surgical procedures or any facility in which a medical or
5surgical procedure is utilized to terminate 50 or more
6pregnancies in any calendar year a pregnancy, irrespective of
7whether the facility is devoted primarily to this purpose. Such
8facility shall not provide beds or other accommodations for the
9overnight stay of patients; however, facilities devoted
10exclusively to the treatment of children may provide
11accommodations and beds for their patients for up to 23 hours
12following admission. Individual patients shall be discharged
13in an ambulatory condition without danger to the continued well
14being of the patients or shall be transferred to a hospital.
15    The term "ambulatory surgical treatment center" does not
16include any of the following:
17        (1) Any institution, place, building or agency
18    required to be licensed pursuant to the "Hospital Licensing
19    Act", approved July 1, 1953, as amended.
20        (2) Any person or institution required to be licensed
21    pursuant to the Nursing Home Care Act, the Specialized
22    Mental Health Rehabilitation Act, or the ID/DD Community
23    Care Act.
24        (3) Hospitals or ambulatory surgical treatment centers
25    maintained by the State or any department or agency
26    thereof, where such department or agency has authority



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1    under law to establish and enforce standards for the
2    hospitals or ambulatory surgical treatment centers under
3    its management and control.
4        (4) Hospitals or ambulatory surgical treatment centers
5    maintained by the Federal Government or agencies thereof.
6        (5) Any place, agency, clinic, or practice, public or
7    private, whether organized for profit or not, devoted
8    exclusively to the performance of dental or oral surgical
9    procedures.
10    (B) "Person" means any individual, firm, partnership,
11corporation, company, association, or joint stock association,
12or the legal successor thereof.
13    (C) "Department" means the Department of Public Health of
14the State of Illinois.
15    (D) "Director" means the Director of the Department of
16Public Health of the State of Illinois.
17    (E) "Physician" means a person licensed to practice
18medicine in all of its branches in the State of Illinois.
19    (F) "Dentist" means a person licensed to practice dentistry
20under the Illinois Dental Practice Act.
21    (G) "Podiatrist" means a person licensed to practice
22podiatry under the Podiatric Medical Practice Act of 1987.
23(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
24eff. 1-1-12; revised 9-28-11.)
25    (210 ILCS 5/6.2 new)



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1    Sec. 6.2. Exceptions and preferences for abortion clinics;
2other statutes and rules. Notwithstanding any other statute,
3rule, or regulation to the contrary, an ambulatory surgical
4treatment center utilized to terminate pregnancies must comply
5with all of the statutes, rules, and regulations generally
6applicable to other ambulatory surgical treatment centers. An
7ambulatory surgical treatment center required to perform
8construction or other physical renovation in order to comply
9with the statutes, rules, and regulations applicable pursuant
10to this Section shall have until January 1, 2016 to complete
11any such construction or other physical renovation.".