[R.O. 2009 §121.01; CC 1981 §16-300; Ord. No. 84-116, 10-4-1984]
The citizens of the City are supportive of the highest standards of medical and health care.
The City finds and determines the public health, safety and welfare of our community requires the City exercise control over certain surgical centers and procedures, which surgical procedures can result in complications and adequate disclosure of equipment and personnel should be required for knowledgeable decision making and in order to ensure the highest standards of care for the protection of the life and health of the patient and the public health and welfare.
After due investigation and consideration the City Council concludes that enactment of this Article is a reasonable and prudent action which will significantly contribute to the preservation of the public life, health, safety and welfare and the health and welfare of the City and its trade and commerce.
[R.O. 2009 §121.02; CC 1981 §16-301; Ord. No. 84-116, 10-2-1984]
For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- FREESTANDING SURGICAL TREATMENT CENTER
- 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 part of a hospital or operated as routine dental care facility.
- SURGICAL PROCEDURES
- By way general description and not by way of limitation, shall include tonsillectomy, plastic surgery, arthroscopy, abortion, reduction of fracture, eye surgery, opthalmosurgery and surgical procedure shall be defined as medical treatment by instrumental operations.
[R.O. 2009 §121.03; CC 1981 §16-302; Ord. No. 84-116, 10-4-1984]
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 a freestanding surgical center without first obtaining a freestanding surgical center license from the City.
The fee for the license is ten dollars ($10.00) per year.
In order to obtain a freestanding surgical center license, the applicant shall file an application with the Director of Finance of the City, which contains the following:
The full and correct name of the applicant, his/her business address and 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 addresses of the current board of directors and the names and resident addresses of all current officers.
A description of the medical facilities and major equipment which shall be available and used at the premises of the center.
Applicant shall submit a copy of a working agreement with a duly licensed general hospital located in or near the City to provide for transfer of patients for emergency treatment whenever necessary. Alternatively, 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, 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.
A statement assuring that there shall be at least one (1) professional registered nurse licensed in Missouri on duty in the freestanding surgical center at all times a patient is in the facility.
A statement assuring that emergency equipment shall be provided to handle emergencies resulting from the services rendered in the facility. The following shall be provided as a minimum:
Applicant shall propose to the City 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 shall, within thirty (30) days, hold a public hearing to determine whether the method of disposal is detrimental to public health, safety and welfare and shall approve or disapprove of the proposed method of disposal within fourteen (14) days after the hearing. Approval of the 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 Subdivision.
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 or affirmation shall be made by the president and the secretary of the corporation.
The application shall be approved or denied by the City Council and the 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.
The license issued pursuant to this Chapter shall be renewed by the licensee filing an updated application to be received by the Director of Finance of the City prior to June thirtieth (30th) of each year and approved or denied by the City Council within thirty (30) days thereafter. No license granted hereunder shall be transferable.
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.
Any freestanding surgical treatment center which is performing surgical procedures or which has been duly licensed and authorized to operate a business and perform surgical procedures as of the date of enactment of this Article shall have three (3) months from the date of enactment of this Chapter within which to comply with the provisions hereof. The City Council, in its discretion, may extend this period for individual cases.
[R.O. 2009 §121.04; CC 1981 §16-303; Ord. No. 84-116, 10-4-1984]
The freestanding 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. 2009 §121.05; CC 1981 §16-304; Ord. No. 84-116, 10-4-1984; Ord. No. 07-162, 6-11-2007]
The Mayor may revoke or suspend 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 Freestanding Surgical Center Review Board 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 hearing.
[R.O. 2009 §121.06; CC 1981 §16-305; Ord. No. 84-116, 10-4-1984; Ord. No. 07-162, 6-11-2007]
There is created the Freestanding Surgical Center Review Board to ensure compliance with this Chapter. The duties and objectives of the Board shall be to:
Act as a communication channel between the applicant and the City Council.
Review and determine efficiency and effectiveness of equipment, personnel and procedures which are subject to the provisions of this Chapter.
Review and determine compliance by applicant for granting of license under this Chapter.
Recommend acceptance or rejection of applicant for licensing.
Hear appeals on any suspension or revocation of license.
The Review Board shall consist of six (6) members, with a tenure of one-third (1/3) rotation each year. Initial terms shall be two (2) members for three (3) years, two (2) members for two (2) years and two (2) members for one (1) year. Standards for membership shall include:
The Mayor shall serve as ex officio member of the Review Board. A Council member shall be selected to serve as a member of the Review Board.
The Review Board shall select its own officers, to include: Chairperson, Vice Chairperson and Secretary. The Review Board shall meet as may be required, with a quorum of three (3) members other than the Council member. Such meeting date may be established by the Chairperson and the Mayor. The meeting place shall be the City Hall.
[R.O. 2009 §121.99; CC 1981 §16-306; Ord. No. 84-116, 10-4-1984]
Any person who violates any provision of this Chapter for which no other penalty is set forth shall be subject to the penalty set forth in Section 100.150.
No freestanding 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 Article. The City is hereby authorized to seek injunctive or other appropriate relief to prevent or redress a violation of this Article.