[R.O. 2008 § 620.010; R.O. 2007 § 620.010; Ord. No. 1539 § 1, 11-18-1987]
OUTPATIENT SURGICAL TREATMENT CENTER
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 § 620.080; 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.