Illinois Compiled Statutes 210 ILCS 5 — Ambulatory Surgical Treatment Center Act.

This Act may be cited as the Ambulatory Surgical Treatment Center Act

This Act may be cited as the Ambulatory Surgical Treatment Center Act. (Source: P.A. 78-227.)

It is declared to be the public policy that the State has a legitimate interest in assuring that all medical procedures are performed under circumstances that insure maximum safety

It is declared to be the public policy that the State has a legitimate interest in assuring that all medical procedures are performed under circumstances that insure maximum safety. Therefore, the purpose of this Act is to provide for the better protection of the public health through the development, establishment, an…

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 proce…

No person shall open, conduct or maintain an ambulatory surgical treatment center without first obtaining a license from the Department

No person shall open, conduct or maintain an ambulatory surgical treatment center without first obtaining a license from the Department. Nothing in this Act shall be construed to impair or abridge the power of municipalities to license and regulate ambulatory surgical treatment centers, provided that the municipal ordi…

An application for a license to operate an ambulatory surgical treatment center shall be made to the Department upon forms provided by it and shall contain such information as the Department reasonably requires, which may include affirmative evidence of ability to comply with the provisions of this Act and the standard…

Upon receipt of an application for a license, the Director may deny the application for any of the following reasons: (1) Conviction of the applicant, or if the applicant is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated t…

Clinical privileges; advanced practice registered nurses

Clinical privileges; advanced practice registered nurses. All ambulatory surgical treatment centers (ASTC) licensed under this Act shall comply with the following requirements: (1) No ASTC policy, rule, regulation, or practice shall be inconsistent with the provision of adequate collaboration and consultation in accord…

Clinical privileges; physician assistants

Clinical privileges; physician assistants. No ambulatory surgical treatment center (ASTC) licensed under this Act shall adopt any policy, rule, regulation, or practice inconsistent with the provision of adequate supervision in accordance with Section 54.5 of the Medical Practice Act of 1987 and the Physician Assistant…

Registered nurse administration of limited levels of sedation or analgesia

Registered nurse administration of limited levels of sedation or analgesia. (a) Nothing in this Act precludes a registered nurse from administering medications for the delivery of local or minimal sedation ordered by a physician licensed to practice medicine in all its branches, podiatric physician, or dentist. (b) If…

Agreements with the federal Centers for Medicare and Medicaid Services

Agreements with the federal Centers for Medicare and Medicaid Services. An ambulatory surgical treatment center that elects to have an agreement with the federal Centers for Medicare and Medicaid Services, as provided in 42 CFR 416, must also meet the Medicare conditions as an ambulatory surgical center, as set forth i…

Surgical smoke plume evacuation

Surgical smoke plume evacuation. (a) In this Section: "Surgical smoke plume" means the by-product of the use of energy-based devices on tissue during surgery and containing hazardous materials, including, but not limited to, bioaerosols, smoke, gases, tissue and cellular fragments and particulates, and viruses. "Surgic…

(a) As a condition of the issuance or renewal of the license of any ambulatory surgical treatment center, the applicant shall file a statement of ownership

(a) As a condition of the issuance or renewal of the license of any ambulatory surgical treatment center, the applicant shall file a statement of ownership. The applicant shall agree to update the information required in the statement of ownership every 6 months from the initial date of filing. (b) The statement of own…

(a) Each licensee shall file an attested financial statement with the Department by July 1, 1980 and at times thereafter as required

(a) Each licensee shall file an attested financial statement with the Department by July 1, 1980 and at times thereafter as required. An audited financial statement may be required of a particular facility, if the Director determines that additional information is needed. (b) No public funds shall be expended for the c…

Closed captioning required

Closed captioning required. An ambulatory surgical treatment center licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature wh…

Facility-provided medication upon discharge

Facility-provided medication upon discharge. (a) The General Assembly finds that this Section is necessary for the immediate preservation of the public peace, health, and safety. (b) In this Section, "facility-provided medication" has the same meaning as provided under Section 15.10 of the Pharmacy Practice Act. (c) Wh…

Facility plan review; fees

Facility plan review; fees. (a) Before commencing construction of new facilities or specified types of alteration or additions to an existing ambulatory surgical treatment center involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and…

Inspections and investigations

Inspections and investigations. The Department shall make or cause to be made inspections and investigations it deems necessary. Information received by the Department through filed reports, inspection, or as otherwise authorized under this Act shall not be disclosed publicly in a manner to identify individual patients…

Whenever an inspection of any ambulatory surgical treatment center discloses that the continued operation of such facility constitutes an imminent and serious menace to the health or safety of the patients thereof, or in the event of a conviction of a licensee under Section 12 of this Act, the inspector is authorized t…

The Department shall establish by rule a procedure for receiving and investigating complaints regarding any ambulatory surgical treatment center or any physician practicing in any such facility

The Department shall establish by rule a procedure for receiving and investigating complaints regarding any ambulatory surgical treatment center or any physician practicing in any such facility. (Source: P.A. 81-224.)

The Department shall prescribe and publish minimum standards, rules and regulations necessary to implement the provisions of this Act which shall include, but not be limited to: (a) construction of the facility including, but not limited to, plumbing, heating, lighting, and ventilation which shall ensure the health, sa…

The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act…

Notice of violation

Notice of violation. When the Department determines that a facility is in violation of this Act or of any rule promulgated hereunder, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision o…

Plan of correction

Plan of correction. (a) Each facility served with a notice of violation under Section 10b of this Act shall file with the Department a written plan of correction, which is subject to approval of the Department, within 10 days of receipt of such notice. Such plan of correction shall state with particularity the method b…

Fines and penalties

Fines and penalties. (a) When the Director determines that a facility has failed to comply with this Act or the Illinois Adverse Health Care Events Reporting Law of 2005 or any rule adopted under either of those Acts, the Department may issue a notice of fine assessment which shall specify the violations for which the…

Payment of fines

Payment of fines. All fines shall be paid to the Department within 10 days of the notice of assessment or, if the fine is contested under Section 10g of this Act, within 10 days of the receipt of the Director's final decision, unless the decision is appealed and the order is stayed by court order under Section 11 of th…