Bill Text: IL HB4117 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Ambulatory Surgical Treatment Center Act. Provides that notwithstanding any other statute, rule, or regulation to the contrary, beginning on January 1, 2015, an ambulatory surgical treatment center where abortions are performed, and any other facility where 50 or more abortions are performed in any calendar year, must comply with all of the statutes, rules, and regulations applicable to ambulatory surgical treatment centers generally. Provides that if any such ambulatory surgical treatment center commences any construction or major alteration on or after the effective date of the amendatory Act but before January 1, 2015, then the requirements prescribed by the amendatory Act shall apply.

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4117 Detail]

Download: Illinois-2011-HB4117-Amended.html

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Rep. Thomas Morrison

Filed: 2/16/2012

09700HB4117ham001 LRB097 17587 DRJ 65303 a
AMENDMENT TO HOUSE BILL 4117
AMENDMENT NO. ______. Amend House Bill 4117 by replacing
the title with the following:
"AN ACT concerning regulation, which may be referred to as
the Women's Health and Safety Act of 2012."; and
by replacing everything after the enacting clause with the
following:
"Section 5. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 3 and by adding Section 6.2 as
follows:
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:

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(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 procedures or any facility in which a medical or
surgical procedure is utilized to terminate 50 or more
pregnancies in any calendar year a pregnancy, irrespective of
whether the facility is devoted primarily to this purpose. Such
facility shall not provide beds or other accommodations for the
overnight stay of patients; however, facilities devoted
exclusively to the treatment of children may provide
accommodations and beds for their patients for up to 23 hours
following admission. Individual patients shall be discharged
in an ambulatory condition without danger to the continued well
being of the patients or shall be transferred to a hospital.
The term "ambulatory surgical treatment center" does not
include any of the following:
(1) Any institution, place, building or agency
required to be licensed pursuant to the "Hospital Licensing
Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community
Care Act.
(3) Hospitals or ambulatory surgical treatment centers
maintained by the State or any department or agency
thereof, where such department or agency has authority

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under law to establish and enforce standards for the
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical
procedures.
(B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
(G) "Podiatrist" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
(210 ILCS 5/6.2 new)

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Sec. 6.2. Exceptions and preferences for abortion clinics;
other statutes and rules. Notwithstanding any other statute,
rule, or regulation to the contrary, an ambulatory surgical
treatment center utilized to terminate pregnancies must comply
with all of the statutes, rules, and regulations generally
applicable to other ambulatory surgical treatment centers. An
ambulatory surgical treatment center required to perform
construction or other physical renovation in order to comply
with the statutes, rules, and regulations applicable pursuant
to this Section shall have until January 1, 2016 to complete
any such construction or other physical renovation.".