[R.O. 2008 § 620.010; R.O. 2007
§ 620.010; Ord. No. 1539 § 1, 11-18-1987]
As used in this Chapter, means any institution, place or
building devoted primarily to the maintenance or operation of a facility
for the performance of surgical procedures. Such facilities shall
not provide services or other accommodations for the overnight stay
of patients. 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. Excluded from this definition
are any facilities licensed as a part of a hospital.
[R.O. 2008 § 620.020; R.O. 2007
§ 620.020; Ord. No. 1539 § 2, 11-18-1987]
In addition to all other licenses
and permits required to lawfully operate a business in the City, no
person, either as owner, agent or manager, shall operate, conduct,
or maintain an outpatient surgical treatment center in the City of
O'Fallon without having procured an outpatient surgical treatment
center license therefor.
[R.O. 2008 § 620.030; R.O. 2007
§ 620.030; Ord. No. 1539 § 3, 11-18-1987]
A.
In order to obtain an outpatient surgical
treatment center license, the applicant shall file an application
with the Clerk for the City of O'Fallon which contains the following:
1.
The full and correct name of the
applicant, his/her business address, his/her current residence. If
the applicant is a firm, partnership or association, the full business
address of such organization shall be given. If the applicant is a
corporation, the full and correct name of such corporation and the
name of the state under the laws of which it is incorporated shall
be stated in the application. If the applicant is a corporation, the
names and resident addresses of all current officers shall be given.
2.
The names and business and residence
addresses of any physician who shall render medical service or treatment
at the premises of the applicant along with a written statement from
each member of the medical staff, the resident physician or surgeon,
superintendent and matron, certifying that he or she will serve on
the staff of the institution as stated by the applicant for such permit.
If during the permit period any other physicians shall desire to render
medical services at the premises of the applicant, the information
required in the original application shall be properly submitted to
the Clerk of the City of O'Fallon in the form of an addendum to the
application and shall be submitted prior to any medical services being
rendered by said physician.
3.
The application shall state the training
and past experience of the applicant, pertinent to the applicant.
If the applicant is a corporation, a like description of the training
and past experience of its officers shall be stated. Also, the same
information should be supplied regarding those physicians who will
be performing surgery in the facility in respect to their training
and relevant past experience.
4.
A description of medical facilities
and major equipment which shall be available and used at the premises
of the center.
5.
The applicant shall submit a copy
of a working agreement with a duly licensed general hospital located
in or near the City of O'Fallon, Missouri, to provide for transfer
of patients for emergency treatment whenever necessary. Alternatively,
the applicant shall demonstrate that every physician performing surgical
procedures at applicant's facility is a member of the staff of a hospital
located in or near the City of O'Fallon, Missouri, thus providing
assurance to the public that patients treated in the center shall
receive continuity of care should the services of a hospital be required.
6.
Applicant shall propose to the City
of O'Fallon how it intends to dispose of all human tissue (including
fetal remains). All human tissue shall be disposed of by incineration,
burial, or other sanitary method of disposal. If the method chosen
is other than incineration or burial, the City Council of the City
of O'Fallon shall, within thirty (30) days, hold a public hearing
to determine whether the method of disposal is detrimental to public
health, safety, welfare, and shall approve or disapprove of the proposed
method of disposal within fourteen (14) days after said hearing. Approval
of said method of disposal shall not be arbitrarily withheld. In the
event that applicant desires to change its method of disposal, it
shall comply with the procedure set forth in this Subsection.
7.
The applicant shall make an oath
before a notary public, affirming the truth of statements made in
the application or if the applicant is a corporation, the oath of
affirmation shall be made by the president and the secretary of the
corporation.
[R.O. 2008 § 620.040; R.O. 2007
§ 620.040; Ord. No. 1539 § 4, 11-18-1987]
The application shall be approved
by the City Council and license issued by the City Clerk in accordance
with this Chapter, and the license shall be conspicuously displayed
in the place of business of the licensee.
[R.O. 2008 § 620.050; R.O. 2007
§ 620.050; Ord. No. 1539 § 5, 11-18-1987]
The license issued pursuant to this
Chapter shall be renewed by the licensee filing an updated application,
to be received by the City Clerk of the City of O'Fallon prior to
June 30 of each year, and approved or denied by the City Council of
the City of O'Fallon within thirty (30) days thereafter. No license
granted hereunder shall be transferable.
[R.O. 2008 § 620.060; R.O. 2007
§ 620.060; Ord. No. 1539 § 6, 11-18-1987]
The outpatient surgical treatment
center shall comply with all laws and local ordinances relating to
health, sanitation, and safety and this Chapter shall not relieve
it of such duty to comply.
[R.O. 2008 § 620.070; R.O. 2007
§ 620.070; Ord. No. 1539 § 7, 11-18-1987]
No person shall assist in, procure,
or perform surgery on the premises of an outpatient surgical treatment
center which is not in possession of a duly issued license.
[R.O. 2008 § 620.080; R.O. 2007
§ 620.080; Ord. No. 1539 § 8, 11-18-1987]
Any outpatient surgical treatment
center which is performing surgical procedures or which has been fully
licensed and authorized to operate a business and perform surgical
procedures as of the date of enactment of this Chapter shall have
three (3) months from the date of enactment within which to comply
with the provisions hereof. The City Council, in its discretion, may
extend this period for individual cases.
[R.O. 2008 § 620.090; R.O. 2007
§ 620.090; Ord. No. 1539 § 9, 11-18-1987]
The City of O'Fallon shall revoke
any permit issued under this Chapter for any willful violation by
a licensee of any of the provisions, conditions, restrictions and
requirements contained herein, provided such license shall be revoked
only after the licensee shall have been notified in writing at his/her
place of business of the violations complained of and shall be afforded
an opportunity to be heard in answer to any alleged violation. The
notice shall fix a time and place at which the City of O'Fallon shall
hear and determine the alleged violations. The service of such notice
shall not be less than ten (10) days prior to the time fixed therein
for a hearing.
[R.O. 2008 § 620.100; R.O. 2007
§ 620.100; Ord. No. 1539 § 10, 11-18-1987]
No outpatient surgical treatment
center shall conduct business or operate in any manner without the
license provided for herein or in any way in violation of this Chapter.
The City of O'Fallon is hereby authorized to seek injunctive or other
appropriate relief to prevent or redress a violation of this Chapter.
