Illinois General Assembly - Full Text of HB4831
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Full Text of HB4831  100th General Assembly

HB4831 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4831

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 5/6  from Ch. 111 1/2, par. 157-8.6

    Amends the Ambulatory Surgical Treatment Center Act. Removes provisions requiring the physician, podiatric physician, or dentist that performs surgery at an applicant facility to have surgery privileges with at least one Illinois hospital in order for the facility to receive a license.


LRB100 19007 MJP 34261 b

 

 

A BILL FOR

 

HB4831LRB100 19007 MJP 34261 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 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
8Director may deny the application for any of the following
9reasons:
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
17    the conviction of a misdemeanor by a court not of record,
18    as shown by other evidence, if the Director determines,
19    after investigation, that such person has not been
20    sufficiently rehabilitated to warrant the public trust; or
21    other satisfactory evidence that the moral character of the
22    applicant, or manager, or supervisor of the facility is not
23    reputable;

 

 

HB4831- 2 -LRB100 19007 MJP 34261 b

1        (2) The licensure status or record of the applicant, or
2    if the applicant is a firm, partnership or association, of
3    any of its members, or if a corporation, of any of its
4    officers or directors, or of the person designated to
5    manage or supervise the facility, from any other state
6    where the applicant has done business in a similar capacity
7    indicates that granting a license to the applicant would be
8    detrimental to the interests of the public; or
9        (3) The applicant has insufficient financial or other
10    resources to operate and conduct the facility in accordance
11    with the requirements of this Act and the minimum
12    standards, rules and regulations promulgated thereunder.
13    The Director shall only issue a license if he finds that
14the applicant facility complies with this Act and the rules,
15regulations and standards promulgated pursuant thereto and:
16        (a) is under the medical supervision of one or more
17    physicians;
18        (b) permits a surgical procedure to be performed only
19    by a physician, podiatric physician, or dentist who at the
20    time is privileged to have his patients admitted by himself
21    or an associated physician and is himself privileged to
22    perform surgical procedures in at least one Illinois
23    hospital; and
24        (c) maintains adequate medical records for each
25    patient.
26    A license, unless sooner suspended or revoked, shall be

 

 

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1renewable annually upon approval by the Department and payment
2of a license fee of $300. Each license shall be issued only for
3the premises and persons named in the application and shall not
4be transferable or assignable. The licenses shall be posted in
5a conspicuous place on the licensed premises. A placard or
6registry of all physicians on staff in the facility shall be
7centrally located and available for inspection to any
8interested person. The Department may, either before or after
9the issuance of a license, request the cooperation of the State
10Fire Marshal. The report and recommendations of this agency
11shall be in writing and shall state with particularity its
12findings with respect to compliance or noncompliance with such
13minimum standards, rules and regulations.
14    The Director may issue a provisional license to any
15ambulatory surgical treatment center which does not
16substantially comply with the provisions of this Act and the
17standards, rules and regulations promulgated by virtue thereof
18provided that he finds that such ambulatory surgical treatment
19center will undertake changes and corrections which upon
20completion will render the ambulatory surgical treatment
21center in substantial compliance with the provisions of this
22Act, and the standards, rules and regulations adopted
23hereunder, and provided that the health and safety of the
24patients of the ambulatory surgical treatment center will be
25protected during the period for which such provisional license
26is issued. The Director shall advise the licensee of the

 

 

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1conditions under which such provisional license is issued,
2including the manner in which the facilities fail to comply
3with the provisions of the Act, standards, rules and
4regulations, and the time within which the changes and
5corrections necessary for such ambulatory surgical treatment
6center to substantially comply with this Act, and the
7standards, rules and regulations of the Department relating
8thereto shall be completed.
9    A person or facility not licensed under this Act or the
10Hospital Licensing Act shall not hold itself out to the public
11as a "surgery center" or as a "center for surgery".
12(Source: P.A. 98-214, eff. 8-9-13.)