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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 - 2 - r"f• 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 2 - 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 3 - 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. - 4 -