Bill Text: IL SB1291 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Ambulatory Surgical Treatment Center Act. Provides that a dentist may be privileged at an ambulatory surgical treatment center if it is determined that the patient under the care of the dentist requires sedation beyond the training that the dentist possesses. Provides that the determination of need for sedation shall be made by the medical director of the facility where the procedure is to be performed. Provides that a dentist performing a surgical procedure requiring sedation at a facility must either have admitting privileges at a nearby hospital where patients would receive care in the event of an emergency arising during a dental surgical procedure or have a memorandum of understanding with a physician who has admitting privileges at such a hospital. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0323 [SB1291 Detail]

Download: Illinois-2019-SB1291-Chaptered.html

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Public Act 101-0323
SB1291 Enrolled LRB101 04037 CPF 49045 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 6 as follows:
(210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
Sec. 6. 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 to manage or supervise the
facility, of a felony, or of 2 or more misdemeanors
involving moral turpitude, as shown by a certified copy of
the record of the court of conviction, or, in the case of
the conviction of a misdemeanor by a court not of record,
as shown by other evidence, if the Director determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust; or
other satisfactory evidence that the moral character of the
applicant, or manager, or supervisor of the facility is not
reputable;

(2) The licensure status or record 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 to
manage or supervise the facility, from any other state
where the applicant has done business in a similar capacity
indicates that granting a license to the applicant would be
detrimental to the interests of the public; or
(3) The applicant has insufficient financial or other
resources to operate and conduct the facility in accordance
with the requirements of this Act and the minimum
standards, rules and regulations promulgated thereunder.
The Director shall only issue a license if he finds that
the applicant facility complies with this Act and the rules,
regulations and standards promulgated pursuant thereto and:
(a) is under the medical supervision of one or more
physicians;
(b) permits a surgical procedure to be performed only
by a physician, podiatric physician, or dentist who at the
time is privileged to have his patients admitted by himself
or an associated physician and is himself privileged to
perform surgical procedures in at least one Illinois
hospital. A dentist may be privileged at the ambulatory
surgical treatment center if it is determined that the
patient under the care of the dentist requires sedation
beyond the training that the dentist possesses. The

determination of need for sedation shall be made by the
medical director of the facility where the procedure is to
be performed. A dentist performing a surgical procedure
requiring sedation at a facility must either have admitting
privileges at a nearby hospital where patients would
receive care in the event of an emergency arising during a
dental surgical procedure or have a memorandum of
understanding with a physician who has admitting
privileges at such a hospital; and
(c) maintains adequate medical records for each
patient.
A license, unless sooner suspended or revoked, shall be
renewable annually upon approval by the Department and payment
of a license fee of $300. Each license shall be issued only for
the premises and persons named in the application and shall not
be transferable or assignable. The licenses shall be posted in
a conspicuous place on the licensed premises. A placard or
registry of all physicians on staff in the facility shall be
centrally located and available for inspection to any
interested person. The Department may, either before or after
the issuance of a license, request the cooperation of the State
Fire Marshal. The report and recommendations of this agency
shall be in writing and shall state with particularity its
findings with respect to compliance or noncompliance with such
minimum standards, rules and regulations.
The Director may issue a provisional license to any

ambulatory surgical treatment center which does not
substantially comply with the provisions of this Act and the
standards, rules and regulations promulgated by virtue thereof
provided that he finds that such ambulatory surgical treatment
center will undertake changes and corrections which upon
completion will render the ambulatory surgical treatment
center in substantial compliance with the provisions of this
Act, and the standards, rules and regulations adopted
hereunder, and provided that the health and safety of the
patients of the ambulatory surgical treatment center will be
protected during the period for which such provisional license
is issued. The Director shall advise the licensee of the
conditions under which such provisional license is issued,
including the manner in which the facilities fail to comply
with the provisions of the Act, standards, rules and
regulations, and the time within which the changes and
corrections necessary for such ambulatory surgical treatment
center to substantially comply with this Act, and the
standards, rules and regulations of the Department relating
thereto shall be completed.
A person or facility not licensed under this Act or the
Hospital Licensing Act shall not hold itself out to the public
as a "surgery center" or as a "center for surgery".
(Source: P.A. 98-214, eff. 8-9-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.