[Ord. No. 3389, § 1, 11-28-1995]
The term "outpatient surgical treatment center," as used herein,
means any business, institution or establishment devoted to the operation
of a facility for the performance of surgical procedures.
Such facility shall not provide services or other accommodations
for the overnight stay of patients. This definition does not include
any facility licensed as a part of a hospital, or a facility where
oral or eye or podiatric surgery is performed.
[Ord. No. 3389, § 1, 11-28-1995]
In addition to all other licenses and permits required to operate a business within the City, no person, either as owner, agent or manager, shall operate, conduct or maintain an outpatient surgical treatment center without first obtaining a license therefor from the City, in accordance with the following procedures [as outlined in §§ 13-187 through 13-190].
[Ord. No. 3389, § 1, 11-28-1995; amended 1-26-2021 by Ord. No. 5127]
(a)
Any person desiring to operate an outpatient surgical treatment center
shall file an initial verified application with the Planning, Zoning,
and Architectural Review Commission, containing the following information:
(1)
The full name of the applicant, business address and, in the
case of an individual applicant, current residence address. If the
applicant is a partnership, the names and business and residence addresses
of the partners and a fully executed copy of the partnership agreement
shall be provided. If the applicant is a corporation, the names and
business and residence addresses of the officers and board of directors,
together with a fully executed copy of the current articles of incorporation
and certificate of incorporation, shall be provided.
(2)
The training and experience of the applicant relevant to the
operation of an outpatient surgical treatment center. If the applicant
is a partnership, the training and relevant experience of the partners
shall be included. If the applicant is a corporation, the training
and relevant experience of the officers shall be included.
(3)
The names, business and residence addresses and professional
training and experience of any physician who shall be rendering medical
service or treatment at such center, together with a certification
from each physician that he or she will be serving on the staff of
the facility. If, during the period, any other physicians are proposed
to render medical service or treatment at the center, the foregoing
information shall be provided with regard to any such additional physicians
prior to any medical service being rendered by such physicians.
(4)
A description of the surgical services, medical facilities and
major equipment which shall be provided at the center.
(5)
A fully executed copy of an agreement between the center and
a hospital located near the City providing for a transfer of patients
of the center to such hospital for emergency treatment, whenever necessary,
or, alternatively, verification that each physician who is proposed
to perform surgical procedures at the center is a member of the staff
(with admitting privileges) of a hospital located within the county.
(6)
Statement as to method of disposal of all human tissue and including
fetal remains, together with such information as shall establish that
such method of disposal conforms with all applicable governmental
regulations.
[Ord. No. 3389, § 1, 11-28-1995; amended 1-26-2021 by Ord. No. 5127]
The application shall be reviewed to determine that it contains
all of the information required herein. Upon determination that it
so complies, and approval by the Board of Aldermen, the City Clerk
shall issue such license and the applicant shall pay a license fee
in such amount approved by the voters of the City as such fee.
[Ord. No. 3389, § 1, 11-28-1995]
Any outpatient surgical treatment center in operation at the
time of the adoption of this division shall be notified of its adoption
and shall file its application for license in compliance with the
requirements hereof within 90 days of the adoption of this division.
[Ord. No. 3389, § 1, 11-28-1995]
Each such license shall be renewed annually as of June 1 of
each year, upon the filing of an updated application containing all
of the information required for the original license and a determination
of compliance with all of the requirements hereof and payment of a
license renewal fee in the sum of such amount approved by the voters
of the City as such fee. No license granted hereunder shall be transferable.
[Ord. No. 3389, § 1, 11-28-1995]
(a)
An outpatient surgical treatment center shall operate in compliance
with all applicable governmental laws and regulations.
(b)
Individual patients shall be discharged in an ambulatory condition
without danger to the continued wellbeing of the patients or shall
be transferred to a hospital.
(c)
An outpatient surgical treatment center shall have in effect at all
times an agreement with a hospital located near the City providing
for transfer of patients of the center to such hospital for emergency
treatment, whenever necessary. In the alternative, each physician
performing surgical procedures at the center shall be a member of
the staff (with admitting privileges) of a hospital located within
the county.
[Ord. No. 3389, § 1, 11-28-1995]
Any license granted hereunder shall be subject to revocation
by the Board of Aldermen upon a finding by such Board of a violation
of any of the provisions, conditions or requirements hereof, provided
that the licensee shall first be given written notice of any violations
hereunder and be afforded a hearing to present such information as
the licensee may desire. The notice shall fix the time and place for
such hearing, which shall be at least 10 days after service of such
notice.
[Ord. No. 3389, § 1, 11-28-1995]
(a)
No person shall assist in or perform any surgery at an outpatient
surgical treatment center which is not the holder of a duly issued
current license hereunder.
(b)
No outpatient surgical treatment center shall operate without the
license provided for herein.
(c)
Any person found guilty of violating any of the provisions hereof
shall be subject to all penalties provided for violation of City ordinances.
