Illinois General Assembly - Full Text of Public Act 096-0023
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Public Act 096-0023




Public Act 096-0023
HB1327 Enrolled LRB096 09977 DRJ 20141 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by changing Section 32.5 as follows:
    (210 ILCS 50/32.5)
    Sec. 32.5. Freestanding Emergency Center.
    (a) The Until June 30, 2009, the Department shall issue an
annual Freestanding Emergency Center (FEC) license to any
facility that has received a permit from the Illinois Health
Facilities Planning Board to establish a Freestanding
Emergency Center if the application for the permit has been
deemed complete by the Department of Public Health by March 1,
2009, and:
        (1) is located: (A) in a municipality with a population
    of 75,000 or fewer inhabitants; (B) within 20 miles of the
    hospital that owns or controls the FEC; and (C) within 20
    miles of the Resource Hospital affiliated with the FEC as
    part of the EMS System;
        (2) is wholly owned or controlled by an Associate or
    Resource Hospital, but is not a part of the hospital's
    physical plant;
        (3) meets the standards for licensed FECs, adopted by
    rule of the Department, including, but not limited to:
            (A) facility design, specification, operation, and
        maintenance standards;
            (B) equipment standards; and
            (C) the number and qualifications of emergency
        medical personnel and other staff, which must include
        at least one board certified emergency physician
        present at the FEC 24 hours per day.
        (4) limits its participation in the EMS System strictly
    to receiving a limited number of BLS runs by emergency
    medical vehicles according to protocols developed by the
    Resource Hospital within the FEC's designated EMS System
    and approved by the Project Medical Director and the
        (5) provides comprehensive emergency treatment
    services, as defined in the rules adopted by the Department
    pursuant to the Hospital Licensing Act, 24 hours per day,
    on an outpatient basis;
        (6) provides an ambulance and maintains on site
    ambulance services staffed with paramedics 24 hours per
        (7) (blank) maintains helicopter landing capabilities
    approved by appropriate State and federal authorities;
        (8) complies with all State and federal patient rights
    provisions, including, but not limited to, the Emergency
    Medical Treatment Act and the federal Emergency Medical
    Treatment and Active Labor Act;
        (9) maintains a communications system that is fully
    integrated with its Resource Hospital within the FEC's
    designated EMS System;
        (10) reports to the Department any patient transfers
    from the FEC to a hospital within 48 hours of the transfer
    plus any other data determined to be relevant by the
        (11) submits to the Department, on a quarterly basis,
    the FEC's morbidity and mortality rates for patients
    treated at the FEC and other data determined to be relevant
    by the Department;
        (12) does not describe itself or hold itself out to the
    general public as a full service hospital or hospital
    emergency department in its advertising or marketing
        (13) complies with any other rules adopted by the
    Department under this Act that relate to FECs;
        (14) passes the Department's site inspection for
    compliance with the FEC requirements of this Act;
        (15) submits a copy of the permit issued by the
    Illinois Health Facilities Planning Board indicating that
    the facility has complied with the Illinois Health
    Facilities Planning Act with respect to the health services
    to be provided at the facility;
        (16) submits an application for designation as an FEC
    in a manner and form prescribed by the Department by rule;
        (17) pays the annual license fee as determined by the
    Department by rule.
    (b) The Department shall:
        (1) annually inspect facilities of initial FEC
    applicants and licensed FECs, and issue annual licenses to
    or annually relicense FECs that satisfy the Department's
    licensure requirements as set forth in subsection (a);
        (2) suspend, revoke, refuse to issue, or refuse to
    renew the license of any FEC, after notice and an
    opportunity for a hearing, when the Department finds that
    the FEC has failed to comply with the standards and
    requirements of the Act or rules adopted by the Department
    under the Act;
        (3) issue an Emergency Suspension Order for any FEC
    when the Director or his or her designee has determined
    that the continued operation of the FEC poses an immediate
    and serious danger to the public health, safety, and
    welfare. An opportunity for a hearing shall be promptly
    initiated after an Emergency Suspension Order has been
    issued; and
        (4) adopt rules as needed to implement this Section.
(Source: P.A. 95-584, eff. 8-31-07.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2009