Full Text of SB1291 101st General Assembly
SB1291sam001 101ST GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 2/26/2019
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| 1 | | AMENDMENT TO SENATE BILL 1291
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1291 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Ambulatory Surgical Treatment Center Act is | 5 | | amended 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 | 8 | | Director may
deny the application for any of the following | 9 | | reasons:
| 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 |
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| 1 | | the conviction of a misdemeanor by a court not
of record, | 2 | | as shown by other evidence, if the Director determines, | 3 | | after
investigation, that such person has not been | 4 | | sufficiently rehabilitated to
warrant the public trust; or | 5 | | other satisfactory evidence that the moral
character of the | 6 | | applicant, or manager, or supervisor of the facility is not
| 7 | | reputable;
| 8 | | (2) The licensure status or record of the applicant, or | 9 | | if the applicant
is a firm, partnership or association, of | 10 | | any of its members, or if a
corporation, of any of its | 11 | | officers or directors, or of the person designated
to | 12 | | manage or supervise the facility, from any other state | 13 | | where the applicant
has done business in a similar capacity | 14 | | indicates that granting a license to
the applicant would be | 15 | | detrimental to the interests of the public; or
| 16 | | (3) The applicant has insufficient financial or other | 17 | | resources to operate
and conduct the facility in accordance | 18 | | with the requirements of this Act
and the minimum | 19 | | standards, rules and regulations promulgated thereunder.
| 20 | | The Director shall only issue a license if he finds that | 21 | | the applicant
facility complies with this Act and the rules, | 22 | | regulations and standards
promulgated pursuant thereto and:
| 23 | | (a) is under the medical supervision of one or more | 24 | | physicians;
| 25 | | (b) permits a surgical procedure to be performed only | 26 | | by a physician, podiatric physician,
or dentist who at the |
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| 1 | | time is privileged to have his patients
admitted by himself | 2 | | or an associated physician and is himself privileged to
| 3 | | perform surgical procedures in at least one Illinois | 4 | | hospital . A dentist may be privileged at the ambulatory | 5 | | surgical treatment center if it is determined that the | 6 | | patient under the care of the dentist requires sedation | 7 | | beyond the training that the dentist possesses. The | 8 | | determination of need for sedation shall be made by the | 9 | | medical director of the facility where the procedure is to | 10 | | be performed. A dentist performing a surgical procedure | 11 | | requiring sedation at a facility must either have admitting | 12 | | privileges at a nearby hospital where patients would | 13 | | receive care in the event of an emergency arising during a | 14 | | dental surgical procedure or have a memorandum of | 15 | | understanding with a physician who has admitting | 16 | | privileges at such a hospital ; and
| 17 | | (c) maintains adequate medical records for each | 18 | | patient.
| 19 | | A license, unless sooner suspended or revoked, shall be | 20 | | renewable
annually upon approval by the Department and payment | 21 | | of a license fee of
$300. Each license shall be issued only for | 22 | | the premises and persons named in
the application and shall not | 23 | | be transferable or assignable. The licenses shall
be posted in | 24 | | a conspicuous place on the licensed premises. A placard or
| 25 | | registry of all physicians on staff in the facility shall be | 26 | | centrally located
and available for inspection to any |
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| 1 | | interested person. The Department may,
either before or after | 2 | | the issuance of a license, request the cooperation of
the State | 3 | | Fire Marshal. The report and recommendations of this agency | 4 | | shall be
in writing and shall state with particularity its | 5 | | findings with respect to
compliance or noncompliance with such | 6 | | minimum standards, rules and regulations.
| 7 | | The Director may issue a provisional license to any | 8 | | ambulatory
surgical treatment center which does not | 9 | | substantially comply with the
provisions of this Act and the | 10 | | standards, rules and regulations
promulgated by virtue thereof | 11 | | provided that he finds that such
ambulatory surgical treatment | 12 | | center will undertake changes and
corrections which upon | 13 | | completion will render the ambulatory surgical
treatment | 14 | | center in substantial compliance with the provisions of this
| 15 | | Act, and the standards, rules and regulations adopted | 16 | | hereunder, and
provided that the health and safety of the | 17 | | patients of the ambulatory
surgical treatment center will be | 18 | | protected during the period for which
such provisional license | 19 | | is issued. The Director shall advise the
licensee of the | 20 | | conditions under which such provisional license is
issued, | 21 | | including the manner in which the facilities fail to comply | 22 | | with
the provisions of the Act, standards, rules and | 23 | | regulations, and the
time within which the changes and | 24 | | corrections necessary for such
ambulatory surgical treatment | 25 | | center to substantially comply with this
Act, and the | 26 | | standards, rules and regulations of the Department relating
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| 1 | | thereto shall be completed.
| 2 | | A person or facility not licensed under this Act or the | 3 | | Hospital Licensing
Act shall not hold itself out to the public | 4 | | as a "surgery center" or as a
"center for surgery".
| 5 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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