Cross Reference — Licenses, permits and miscellaneous business regulations, ch. 605.
[CC 1988 §11-36; Ord. No. 1067 §3, 3-12-1984]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- FREESTANDING SURGICAL OUTPATIENT FACILITY
- Any establishment offering any type of surgical procedures and related care to ambulatory patients not requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians may ordinarily and regularly elect to perform in their private offices.
[CC 1988 §11-37; Ord. No. 1067 §1, 3-12-1984]
No individual, firm, partnership, corporation, company or association shall establish, maintain, operate or conduct a hospital, sanitarium, nursing home, mothers' and babies' home, and freestanding surgical outpatient facilities (also referred to as one-day or ambulatory surgical facilities), or other place or institution intended for the boarding, lodging, nursing, care or medical treatment of the sick, aged, infirmed, ailing, destitute, orphaned, or persons desiring or in need of surgical care and treatment, without first obtaining a permit to do so from the Health Commissioner or the Board of Aldermen of the City, referred to as the City in this Chapter.
[CC 1988 §11-38; Ord. No. 1067 §2, 3-12-1984]
The City shall establish a system of annual licensing for all freestanding surgical outpatient facilities in this City. Before the Board of Aldermen shall grant or renew any license under this Section, the Health Commissioner shall determine that the facility complies with all the requirements in this Chapter and all rules and standards for freestanding surgical outpatient facilities established by the Board of Aldermen. To determine whether the applicant or licensee meets the requirements of this Chapter, the Health Commissioner may require reports or access to information from the applicant or licensee and may either in person or by designated agents enter on the premises of any applicant or licensee at any reasonable time.
The Health Commissioner, after appropriate rule-making proceedings and consultation with the County, the State and the Community and West Overland Fire Protection District, shall prescribe minimum standards, rules and regulations necessary to implement the provisions of this Chapter and further the purposes of this Chapter (as set forth in Subsection (A) of this Section) which shall include, but not be limited to:
Construction of the facility including, but not limited to, plumbing, heating, lighting and ventilation which shall ensure the health, safety, comfort and privacy of patients and protection from fire hazard;
Number and qualifications of all personnel, including administrative and nursing personnel, having responsibility for any part of the care provided to the patients;
Equipment essential to the health, welfare and safety of the patients;
Facilities, programs and services to be provided in connection with the care of patients in ambulatory surgical treatment centers; and
Hospital and private ambulance backup necessary to ensure prompt emergency treatment of patients requiring hospital admission and care.
[CC 1988 §11-39; Ord. No. 1067 §3, 3-12-1984]
A freestanding surgical outpatient facility is organized, administered, staffed and equipped to provide on a regular basis such minor and major surgical procedures as may in the physician's judgment be safely performed outside a hospital. Staffing of such establishments shall include such licensed physicians, nursing, technical and supporting personnel (including but not limited to social workers where applicable) and shall provide necessary technical diagnostic and treatment services and equipment as is necessary to ensure the safe performance of surgery undertaken in the facility. The physician in charge of such facility shall file a signed written statement which recites that he/she has staff privileges at a nearby licensed hospital to provide for emergency admission of such patients of the facility who may require hospital admission and care.
The facilities shall either have their own ambulance service, or shall have a written agreement, a copy of which shall be on file with the City, with a private person, partnership or corporation providing ambulance service for transporting patients to the aforementioned hospital.
[CC 1988 §11-40; Ord. No. 1067 §4, 3-12-1984]
Each licensee under this Chapter shall assure that a clinical record is established for each patient including a history, physical examination, justification for treatment planned and rendered, tests and examinations performed, and all observations made and treatments provided. The Health Commissioner and his/her designated agents shall respect the confidentiality of all records of the facility and shall not divulge or disclose the contents of any such records in a manner so as to identify any individual except upon court order.
[CC 1988 §11-41; Ord. No. 1067 §5, 3-12-1984]
Each freestanding surgical outpatient facility shall have a Governing Body or owner which shall be responsible for the operation of the facility, the selection of the medical staff and for the quality of care rendered in the facility. The Governing Body or owner shall cooperate with the Health Commissioner in the enforcement of this Chapter, and ensure that all physicians and other personnel for whom a State license or registration is required are currently licensed or registered.
[CC 1988 §11-42; Ord. No. 1067 §6, 3-12-1984]
If during the period that a license has been issued under this Chapter, or if at the time of annual renewal of such license, the Health Commissioner believes that the licensee has failed or refused to comply with the requirements of this Chapter, the Health Commissioner shall notify the licensee in writing setting forth the particular reasons why the license should be suspended or revoked, or why the license would not be renewed. The licensee aggrieved by any proposed action shall have the right to have a hearing before the Board of Aldermen or its designee within fifteen (15) days of the effective date of any proposed action. The Board of Aldermen or its designee shall keep a complete record of the hearing, with the cost of the record to be borne by the aggrieved licensee. The Board of Aldermen or its designee shall render its decision within seven (7) days of the hearing. The decision of the Board of Aldermen or its designee shall be final with respect to the suspension, revocation or denial of the issuance of the license. The decision of the Board of Aldermen or its designee may be reviewed in the courts if an appeal is filed within thirty (30) days to the Circuit Court of the County; however, pending such review, the facility shall not be permitted to operate.
[CC 1988 §11-43; Ord. No. 1067 §8, 3-12-1984]
Any person violating any of the provisions of this Chapter, in addition to the suspension, revocation or denial of license set forth in this Chapter, shall, upon conviction thereof, be subject to the penalty provided in Section 100.090 of this Code.