Illinois General Assembly - Full Text of HB1327
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Full Text of HB1327  96th General Assembly



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1     AN ACT concerning regulation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Emergency Medical Services (EMS) Systems Act
5 is amended by changing Section 32.5 as follows:
6     (210 ILCS 50/32.5)
7     Sec. 32.5. Freestanding Emergency Center.
8     (a) The Until June 30, 2009, the Department shall issue an
9 annual Freestanding Emergency Center (FEC) license to any
10 facility that has received a permit from the Illinois Health
11 Facilities Planning Board to establish a Freestanding
12 Emergency Center if the application for the permit has been
13 deemed complete by the Department of Public Health by March 1,
14 2009, and:
15         (1) is located: (A) in a municipality with a population
16     of 75,000 or fewer inhabitants; (B) within 20 miles of the
17     hospital that owns or controls the FEC; and (C) within 20
18     miles of the Resource Hospital affiliated with the FEC as
19     part of the EMS System;
20         (2) is wholly owned or controlled by an Associate or
21     Resource Hospital, but is not a part of the hospital's
22     physical plant;
23         (3) meets the standards for licensed FECs, adopted by



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1     rule of the Department, including, but not limited to:
2             (A) facility design, specification, operation, and
3         maintenance standards;
4             (B) equipment standards; and
5             (C) the number and qualifications of emergency
6         medical personnel and other staff, which must include
7         at least one board certified emergency physician
8         present at the FEC 24 hours per day.
9         (4) limits its participation in the EMS System strictly
10     to receiving a limited number of BLS runs by emergency
11     medical vehicles according to protocols developed by the
12     Resource Hospital within the FEC's designated EMS System
13     and approved by the Project Medical Director and the
14     Department;
15         (5) provides comprehensive emergency treatment
16     services, as defined in the rules adopted by the Department
17     pursuant to the Hospital Licensing Act, 24 hours per day,
18     on an outpatient basis;
19         (6) provides an ambulance and maintains on site
20     ambulance services staffed with paramedics 24 hours per
21     day;
22         (7) (blank) maintains helicopter landing capabilities
23     approved by appropriate State and federal authorities;
24         (8) complies with all State and federal patient rights
25     provisions, including, but not limited to, the Emergency
26     Medical Treatment Act and the federal Emergency Medical



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1     Treatment and Active Labor Act;
2         (9) maintains a communications system that is fully
3     integrated with its Resource Hospital within the FEC's
4     designated EMS System;
5         (10) reports to the Department any patient transfers
6     from the FEC to a hospital within 48 hours of the transfer
7     plus any other data determined to be relevant by the
8     Department;
9         (11) submits to the Department, on a quarterly basis,
10     the FEC's morbidity and mortality rates for patients
11     treated at the FEC and other data determined to be relevant
12     by the Department;
13         (12) does not describe itself or hold itself out to the
14     general public as a full service hospital or hospital
15     emergency department in its advertising or marketing
16     activities;
17         (13) complies with any other rules adopted by the
18     Department under this Act that relate to FECs;
19         (14) passes the Department's site inspection for
20     compliance with the FEC requirements of this Act;
21         (15) submits a copy of the permit issued by the
22     Illinois Health Facilities Planning Board indicating that
23     the facility has complied with the Illinois Health
24     Facilities Planning Act with respect to the health services
25     to be provided at the facility;
26         (16) submits an application for designation as an FEC



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1     in a manner and form prescribed by the Department by rule;
2     and
3         (17) pays the annual license fee as determined by the
4     Department by rule.
5     (b) The Department shall:
6         (1) annually inspect facilities of initial FEC
7     applicants and licensed FECs, and issue annual licenses to
8     or annually relicense FECs that satisfy the Department's
9     licensure requirements as set forth in subsection (a);
10         (2) suspend, revoke, refuse to issue, or refuse to
11     renew the license of any FEC, after notice and an
12     opportunity for a hearing, when the Department finds that
13     the FEC has failed to comply with the standards and
14     requirements of the Act or rules adopted by the Department
15     under the Act;
16         (3) issue an Emergency Suspension Order for any FEC
17     when the Director or his or her designee has determined
18     that the continued operation of the FEC poses an immediate
19     and serious danger to the public health, safety, and
20     welfare. An opportunity for a hearing shall be promptly
21     initiated after an Emergency Suspension Order has been
22     issued; and
23         (4) adopt rules as needed to implement this Section.
24 (Source: P.A. 95-584, eff. 8-31-07.)
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.