HomeMy WebLinkAboutORDINANCE - 1287 - 3/13/1979 - AMBULATORY SURGICAL TREATMENT CENTERS0
ORDINANCE NO. 1287
AN ORDINANCE P14ENDING CHAPTER 18 OF THE
MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE
VILLAGE BY ADOPTING LICENSING REGULATIONS
FOR AMBULATORY SURGICAL TREATMENT CENTERS
WHEREAS, the Village of Elk Grove Village has heretofore
amended its Zoning Ordinance pursuant to public hearings before
the Planning Commission of the village thereby establishing ambu-
latory surgical treatment centers as a special use in the office
transitional zone district and in all residential districts of the
Village; and
WHEREAS, the President and Board of Trustees of the Village
directed the Judiciary, Planning and Zoning Subcommittee to hold
hearings for the purpose of establishing licensing regulations for
any such ambulatory surgical treatment center use; and
WIIEREAS, said Judiciary, Planning and Zoning Subcommittee
conducted a public hearing wherein expert medical testimony was
presented and in light thereof have ma'�.�.: a recomiiilenda'tlon to Lhe
President and Board of Trustees for the licensing and regulation
of ambulatory surgical treatment centers; and
WHEREAS, the President and Board of Trustees of the Village,
after considering the recommendations of said Judiciary, Planning
and Zoning Subcommittee, find and believe it to be in the best
interest of the Village that Chapter 18 of the Municipal Code be
amended by adding thereto a new article entitled Ambulatory Surgi-
cal Treatment Centers.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois, as follows:
Section 1: That Chapter 18 of the Municipal Code of the Village
of Elk Grove Village be and the same is hereby amended by adding
thereto a new article entitled Ambulatory Surgical Treatment Centers,
the text of which is fully set out on Exhibit A attached hereto and
by this reference incorporated herein.
Section 2:
That
any
person, firm or
corporation
violating
any
of the provisions
of
this
Ordinance shall
be subject
to a fine
of
not less than twenty five ($25.00) dollars nor more than five hundred
($500.00) dollars for each offense and in addition thereto may be
subject to such injunctive relief in the Third Municipal District of
the Circuit Court of Cook County as may be necessary to enjoin any
violation of this Ordinance, the continuation of which may be injur-
ious to the health, safety and welfare of the residents of the Village
and/or the patients of the ambulatory surgical treatment center.
Section 3: That the Village Clerk is authorized to publish this
Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and effect
from and after its passage, approval and publication according to law.
VOTES: AYES: 6
ATTEST:
NAYS: 0
ABSENT: 0
Ilafern Snick
Acting Deputy Village Clerk
PASSED this 13th
APPROVED this 13th
PUBLISHED this 21st
APPROVED:
Charles J. Zettek
Village President
day of March
1979.
day of March 1979.
day of March 1979
in pamphlet form, in the Elk Grove Herald
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EXHIBIT A
ARTICLE LII
AMBULATORY SURGICAL TREATMENT CENTERS
18.5201. Definition. "Ambulatory Surgical Treatment Center"
("Center") shall mean any institution, place or building devoted
primarily to the maintenance and operation of facilities for the
performance of surgical procedures. Such facilities shall not provide
beds or other accommodations for the overnight stay of patients.
Ambulatory Surgical Treatment Centers do not include any institution,
place or building devoted exclusively to the performance of dental or
oral surgical procedures.
18.5202. License Required. It shall be unlawful for any person,
firm or corporation to conduct, maintain, operate, carry on or manage
an Ambulatory Surgical Treatment Center, without first having obtained
a license as is herein provided.
18.5203. Application. An application for a license shall be made
to the Village upon forms provided by the Village Clerk, and shall
contain such information as is necessary to ensure compliance with the
provisions of this Article and with the provisions of the "Revised
Rules, Regulations, and Standards prescribed by the Department of
Public Health, State of Illinois, as hereinafter adopted by reference.
All information contained on said application must be current and any
changes therein must be reported to the Village Clerk within two (2)
weeks of any such change.
18.6204. Personnel. Each Center shall provide sufficient qualified
personnel to properly operate the service programs the facility engages in.
(a). Surgical procedures shall be performed by a physician
licensed to practice medicine in Illinois and who has surgical
privileges at a hospital located within fifteen (15) minutes
travel time from the Center. No physician shall perform a
surgical procedure at any licensed Center for which he does not
have such surgical privileges and a physician with such privileges
must be on the premises during the post-operative period up to
the time the patient is discharged.
(b). A qualified anesthesiologist shall be present for the
administration of anesthetics and recovery of patients when any
general or major regional anesthetic is used. A qualified
anethesiologist shall mean a physician who is licensed to practice
medicine in all its branches in the State of Illinois and who
is a Diplomat of the American Board of Anesthesiology; or
American College of Anesthesiology; or who is a Diplomat of the
American Osteopathic Board of Anesthesiology; or who is Board eligible.
(c). At least one (1) Registered Professional Nurse with
post -graduate education or acceptable experience in surgical
nursing shall direct and supervise the nursing personnel and the
nursing care of patients and shall be on duty at all times that
patients are present in the Center.
(d). Such other technical and supportive personnel and
the necessary technical diagnostic and treatment services and
equipment as is necessary to assure the safe performance of
surgery and related care undertaken in the Center.
18.5205. Additional License Required. In addition to the license
requirement contained herein, each Center must be licensed by the
Department of Health of the State of Illinois under the Ambulatory
Surgical Treatment Center Act - Public Act 78-227, approved July 19, 1973.
18.5206. Adoption of Rules by Reference. The Village hereby
adopts the "Revised Rules, Regulations and Standards prescribed by the
Department of Public Health, State of Illinois, July 17, 1974," and
any amendments thereto as additional licensing requirements of the
Village with the same force and effect as if fully set forth herein,
three (3) copies of which are on file and available for inspection in
the Office of the Village Clerk.
18.5207. Compliance with Codes. No license shall issue until
such time as the applicant shall obtain a Certificate of Occupancy from
the Building Department of the Village, which Certificate shall issue
upon full compliance with applicable and prevailing requirements and
standards of the B.O.C.A. Basic Building Code, 1975 Edition, and the
B.O.C.A. Fire Prevention Code, 1975 Edition, as adopted by reference
by the Village of Elk Grove Village, pertaining to such Centers or
reasonably similar uses and other applicable Village ordinances.
18.5208. Ambulance Service. Prior to the issuance of a license,
a Center must provide evidence of an agreement, contract, or other type of
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arrangement with a private ambulance service to provide for the emergency
transfer of post-surgical patients who for unpredictable reasons may require
hospital admission and care.
18.5209. Treatment of Minors. No licensed Center shall perform
any type of surgical procedure on a minor under the age of eighteen (18),
without the consent of the minor's parent or legally appointed guardian
except in the case of abortions. No abortion, however, shall be
performed on a minor without first having given notice to a parent or
guardian, forty-eight (48) hours in advance, weekends excluded, of the
time the abortion is performed, said forty-eight (48) hours to commence
upon receipt of such notice by the parent or guardian. Said notice
may be made by any available means including telephone and certified
or registered mailing, return receipt requested. Prior to performing
an abortion on a minor, without the parents' consent, the treating
physician shall execute an affidavit, properly attested, that the notice
provisions of this Section have been satisfied.
18.5210. Abortions During First Trimester. Only abortions on
patients with gestation up to and including twelve (12) weeks, as
determined by the treating physician, may be performed on an ambulatory
basis in a licensed Center.
18.5211. Inspection. The Health Department, Building Department
and Fire Department are hereby authorized and directed to make such
inspections in the areas of their respective responsibilities and
expertise as are necessary to ensure compliance with the provisions of
this Article. In addition thereto, the Village Manager is hereby
authorized to contract with a licensed physician for the purpose of making
such additional inspections as the Manager deems necessary to ensure
compliance with the regulations contained herein and the regulations
established by the Department of Health, State of Illinois. It shall
be the duty of the licensee to admit onto the premises, any officer,
employee or agent of the Village who is authorized or directed to make
such inspection at any reasonable time that admission is requested.
18.5212. Denial, Suspension or Revocation of License. The Village
Manager, upon the recommendation of one (1) or more Village inspectors
or agents may order the denial or in the case of a previously issued
license, suspend or revoke a license if he finds a substantial failure
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to comply with the requirements of this Article. A notice shall be
sent by certified mail or by personal service to the applicant or
licensee setting forth the particular reasons for the proposed action.
An applicant or licensee aggreived by an action of the Village Manager
shall be given the opportunity for a hearing before the President and
Board of Trustees. If a hearing is requested, the applicant or licensee
shall be advised five (5) working days in advance of the hearing of the
time, date and location of the hearing. On the basis of the hearing,
the President and Board of Trustees shall make the final decision to
issue, suspend, deny or revoke the license. A copy of the determination
shall be sent by certified mail or served personally upon the applicant
or licensee within fifteen (15) days from the date of the hearing.
18.5213. License Fee. The annual license fee for Ambulatory
Surgical Treatment Centers shall be $2,500.00
18.5214. Penalty. In addition to any proceeding for a suspension
or revocation of a license, any person, firm or corporation violating
the provisions of this Article shall be subject to a fine of not less
than Twenty -Five ($25.00) Dollars, nor more than Five Hundred ($500.00)
Dollars for each violation, and a separate violation shall be deemed
committed on each day a violation occurs or continues to exist.
In addition thereto, the Village may proceed by injunction in the
Third Municipal District of the Circuit Court of Cook County to enjoin
any violation of this Article, the continuation of which may be
injurious to the health, safety and welfare of the residents of the
village and/or the patients of the Center.
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