[R.O. 2011 § 650.010; R.O. 2009
§ 121.01; CC 1981 § 16-300; Ord.
No. 84-116, 10-4-1984]
A.
The citizens of the City are supportive
of the highest standards of medical and health care.
B.
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.
C.
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. 2011 § 650.020; 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.
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.
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. 2011 § 650.030; R.O. 2009
§ 121.03; CC 1981 § 16-302; Ord.
No. 84-116, 10-4-1984]
A.
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.
C.
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:
1.
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.
2.
A description of the medical facilities
and major equipment which shall be available and used at the premises
of the center.
3.
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.
4.
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.
5.
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:
6.
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
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 or
affirmation shall be made by the president and the secretary of the
corporation.
D.
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.
E.
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 30
of each year and approved or denied by the City Council within thirty
(30) days thereafter. No license granted hereunder shall be transferable.
F.
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.
G.
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. 2011 § 650.040; 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. 2011 § 650.050; 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. 2011 § 650.060; R.O. 2009
§ 121.06; CC 1981 § 16-305; Ord.
No. 84-116, 10-4-1984; Ord. No. 07-162, 6-11-2007]
A.
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:
1.
Act as a communication channel between
the applicant and the City Council.
2.
Review and determine efficiency and
effectiveness of equipment, personnel and procedures which are subject
to the provisions of this Chapter.
3.
Review and determine compliance by
applicant for granting of license under this Chapter.
4.
Recommend acceptance or rejection
of applicant for licensing.
5.
Hear appeals on any suspension or
revocation of license.
B.
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:
C.
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.
D.
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. 2011 § 650.070; R.O. 2009
§ 121.99; CC 1981 § 16-306; Ord.
No. 84-116, 10-4-1984]
A.
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.
C.
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.
