Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 205 - AMBULATORY SURGICAL TREATMENT CENTER LICENSING REQUIREMENTS › Subpart A - GENERAL PROVISIONS › Section 205.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Ambulatory Surgical Treatment Center
				  Act.
"Ambulatory Surgical Center" shall have the meaning ascribed
				  to it in 42 CFR 416.
"Ambulatory Surgical Treatment Center"
The term "Ambulatory Surgical Treatment Center" or "ASTC" or
				  "facility", for the purposes of this Part, includes:
Any institution or building devoted primarily to the
				  maintenance and operation of facilities for the performance of surgical
				  procedures
, and
any place that meets and complies with the
				  definition of an ambulatory surgical treatment center under the
Act
				  and this Part, as evidenced by use of the facilities by physicians, podiatrists
				  or dentists in the performance of surgical procedures that constitutes more
				  than 50 percent of the activities at that location.
Any place,
located within an institution or
				  building, such as a surgical suite or an operating room with related facilities
				  in a physician's office or group practice clinic,
devoted primarily to
				  the performance of surgical procedures.
This provision shall apply
				  regardless of whether or not the institution or building in which the place is
				  located is devoted primarily to the maintenance and operation of facilities for
				  the performance of surgical procedures. This provision shall include any place
				  that meets the definition of an ambulatory surgical center under the rules of
				  the federal Centers for Medicare & Medicaid Services. However, when a place
				  is located within, and operated in conjunction with, the offices of a single
				  physician, podiatrist, or dentist, or a group of physicians, podiatrists, or
				  dentists, it shall not be considered an ambulatory surgical treatment center
				  unless: it meets the definition of and has expressed an intent to apply for
				  certification as an ambulatory surgical center under the rules of the federal
				  Centers for Medicare & Medicaid Services; or it is used by physicians,
				  podiatrists, or dentists who are not part of the practice; or it is utilized by
				  the physicians or podiatrists for surgical procedures that constitute more than
				  50 percent of the activities at that location.
The term "Ambulatory Surgical Treatment Center", for the
				  purposes of this Part, does not include:
Hospitals:
Any institution, place, building or agency
				  required to be licensed pursuant to the Hospital Licensing Act
.
Long-Term Care Facilities:
Any person or institution
				  required to be licensed pursuant to the Nursing Home Care Act
,
the Specialized Mental Health Rehabilitation Act
of
				  2013
, or the ID/DD Community Care Act
.
State Facilities:
Hospitals or ambulatory surgical
				  treatment centers maintained by the State or any Department or agency thereof,
				  where such department or agency has authority under law to establish and
				  enforce standards for the hospitals or ambulatory surgical treatment centers
				  under its management and control.
Federal Facilities:
Hospitals or ambulatory surgical
				  treatment centers maintained by the federal government or agencies
				  thereof.
Dental Surgery Facilities:
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.
Other Facilities:
Any facility in which the
				  performance of abortion procedures, including procedures to terminate a
				  pregnancy or to manage pregnancy loss, is limited to those performed without
				  general, epidural, or spinal anesthesia, and which is not otherwise required to
				  be an ambulatory surgical treatment center. For purposes of this
definition,
"general, epidural, or spinal anesthesia" does not include
				  local anesthesia or intravenous sedation. Nothing in
the Act and this
				  Part
shall be construed to limit
a facility of this type
from voluntarily electing to apply for licensure as an ambulatory
				  surgical treatment center.
(Section 3(A) of the Act)
"Certified Registered Nurse Anesthetist" means a registered
				  professional nurse who has been certified as a nurse anesthetist by the
				  American Association of Nurse Anesthetists.
"Credentials Committee" means the qualified consulting
				  committee, or another committee designated by the qualified consulting
				  committee, that appraises and reviews physician credentials.
"Department" means the Department of Public Health of
				  the State of Illinois.
(Section 3(C) of the Act)
"Hospital" shall have the meaning ascribed to it in the
				  Hospital Licensing Act.
"Licensed Practical Nurse" means a person licensed under the
				  Nurse Practice Act to practice practical nursing.
"Overnight Stay" means the expected duration of services
				  exceeds 24 hours following an admission.
"Qualified Anesthesiologist" means a physician who is
				  licensed to practice medicine in all its branches in the State of Illinois and
				  who is a Diplomate of the American Board of Anesthesiology; or who is a
				  Diplomate of the American Osteopathic Board of Anesthesiology; or who is Board
				  eligible or possesses training and experience equivalent to that eligibility;
				  or who possesses training and experience acceptable to the Department and whose
				  primary practice is anesthesiology.
"Qualified Consulting Committee" means a committee whose
				  members are qualified surgeons, obstetricians, gynecologists, anesthesiologists
				  or pathologists or other consulting physicians consisting of not fewer than
				  three members who shall establish the required standards commensurate with the
				  size, scope, extent and complexity of service programs and procedures for which
				  the facility is licensed. The qualified consulting committee or other committee
				  designated by the qualified consulting committee shall act as the credentials
				  committee.
"Qualified Consulting Surgeon, Obstetrician, Gynecologist,
				  Anesthesiologist, Pathologist, or other Consulting Physician" means a physician
				  who is licensed in the State of Illinois and who is a Diplomate of an
				  appropriate specialty board or who has completed the training and experience
				  required for specialty board certification.
"Qualified Dentist" means a dentist who is licensed to
				  practice under the Illinois Dental Practice Act.
"Qualified Infection Control Professional" means an
				  individual who either has training, education and experience or has
				  certification in the principles and methods of infection control. The
				  individual shall maintain his or her qualifications through ongoing education
				  and training.
"Qualified Physician" means an individual who is licensed to
				  practice medicine in all its branches in the State of Illinois under the
				  Medical Practice Act of 1987.
"Qualified Podiatrist" means a podiatrist who is licensed to
				  practice under the Podiatric Medical Practice Act of 1987.
"Qualified Practitioner" means a licensed practitioner who is
				  authorized within his or her scope of practice to perform a history and
				  physical examination and who is authorized by the ASTC to conduct a history and
				  physical examination. This may include nurse practitioners and physician
				  assistants.
"Registered Professional Nurse" or "RN" means a registered
				  professional nurse who is licensed under the Nurse Practice Act and practices
				  professional nursing.
"Student Nurse" means a person enrolled in a course of
				  instruction at an approved school of professional or practical nursing and who
				  is supervised by a nursing instructor of the school.
"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.
(Section 6.9(a) of
				  the Act)
"Surgical smoke plume evacuation system" means a
				  dedicated device that is designed to capture, transport, and filter surgical
				  smoke plume at the site of origin and before it can diffuse and pose a risk to
				  the occupants of the operating or treatment room.
(Section 6.9(a) of
				  the Act)