HB4117ham001 97TH GENERAL ASSEMBLY

Rep. Thomas Morrison

Filed: 2/16/2012

09700HB4117ham001 LRB097 17587 DRJ 65303 a

AMENDMENT TO HOUSE BILL 4117

AMENDMENT NO. ______. Amend House Bill 4117 by replacing the title with the following:

"AN ACT concerning regulation, which may be referred to as the Women's Health and Safety Act of 2012."; and

by replacing everything after the enacting clause with the following:

"Section 5. The Ambulatory Surgical Treatment Center Act is amended by changing Section 3 and by adding Section 6.2 as follows:

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

Sec. 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 50 or more pregnancies in any calendar year 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 following:

(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 thereof.

(C) "Department" means the Department of Public Health of the State of Illinois.

(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; revised 9-28-11.)

(210 ILCS 5/6.2 new)

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