(a) Definitions. As used in this section:
"Hospital" has the meaning ascribed to the term in Section 85/3 of the Hospital Licensing Act, codified at 210 ILCS 85/1 et seq. Provided, however, that the term "hospital" shall not refer to any facility operated by any federal, state, county or local government or any agency thereof.
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of hospital shall be accompanied by the following information:
(1) proof that the applicant holds a current and valid license issued by the State of Illinois;
(2) a statement setting forth (i) the location or proposed location of the hospital; (ii) the purpose of the hospital; (iii) whether the hospital is for-profit or not-for-profit; (iv) if the hospital is not-for-profit, whether such not-for-profit hospital qualifies for a disproportionate share adjustment consistent with Section 148.120 of Subchapter d of Chapter 1 of Title 89 of the Illinois Administrative Code, as amended, codified at 89 Ill. Adm. Code § 148.120; (v) the nature of the treatment given or proposed to be given at the hospital; and (vi) the name and address of the chief physician or chief executive officer;
(3) any other information that may be required by the department or in rules promulgated by the Commissioner of Public Health.
(c) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of hospital shall be issued to the following persons:
(1) any applicant or licensee, as applicable, who does not hold a current and valid license issued by the State of Illinois pursuant to the Hospital Licensing Act.
(d) Departmental duties – Inspections.
(1) The Board of Health may make recommendations to the City Council relating to the construction of new hospital buildings, proposed closings of hospitals, and alterations to buildings now being used as hospitals.
(2) The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (1) to inspect, at reasonable hours or in case of an emergency, any hospital licensed or required to be licensed under this chapter for the purpose of determining compliance with the requirements of subsection (e)(6) of this section; and (2) to examine the applicable books and records of any person licensed or required to be licensed under this chapter in order to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of the facility under Section 11-4-1200.
(e) Legal duties. Each licensee engaged in the business of hospital shall have a duty to:
(1) comply with the Illinois Hospital Licensing Act and any rules and regulations promulgated thereunder;
(2) comply with all applicable building provisions and fire regulations of this Code and with any rules and regulations promulgated thereunder. Failure to comply with such provisions and regulations shall be grounds for license suspension or revocation in accordance with Section 4-4-280;
(3) report immediately to the department of police, when a person who is not accompanied by a Chicago police officer, requests treatment for any of the following injuries:
i. any injury resulting from the discharge of a firearm;
ii. any injury or wound apparently inflicted by any object used as a weapon;
iii. any injury sustained in the commission of or as a victim of a criminal offense;
iv. any animal or human bite;
v. any poisoning;
vi. any injury sustained on public property;
vii. any injury in which a moving motor vehicle was involved;
viii. any injury of any cause where it is evident that death will probably ensue as a direct result thereof, or when death has resulted.
Provided, however, that the hospital shall not be responsible for an inaccurate report if such report is based on inaccurate information provided by the patient or a person accompanying the patient.
(4) Upon reporting a rape, an attempted rape or other felonious sex crime to the police, take the following actions:
(a) The victim shall be taken to the nearest hospital designated for the comprehensive emergency treatment of patients as defined in the Illinois Hospital Licensing Act and approved by the Commissioner of Public Health;
(b) The victim shall be taken into the hospital through an entrance appropriate to the maintenance of privacy;
(c) The victim shall receive an immediate preliminary physical examination by the attending physician to identify and treat any emergencies other than the rape, such as fractures, knife wounds, contusions or lacerations;
(d) The consenting victim will be interviewed by a trained hospital staff member in a private setting. The hospital staff member will evaluate and counsel the victim and advise follow-up care for the victim, either through the receiving hospital or through the appropriate outside agencies;
(e) The hospital staff member, with consent of the victim, will remain with the victim during the preliminary police investigation primarily to provide support to the victim and to also assist the police in obtaining information needed to properly carry out their investigation;
(f) During this period, the name of the victim and the circumstances attendant to the incident will not be publicized by the hospital, the police department or any other agency. The hospital staff member will so inform the victim;
(g) The consenting victim will be examined by a qualified medical professional who will fill out a prescribed form detailing the time, date, place and findings of the examination, and note the location of any contusions, abrasions, bruises and lacerations;
(h) With the victim's written consent, a copy of the prescribed form will be furnished to the appropriate investigating police officer, the State's Attorney, and the venereal disease section of the Department of Public Health when appropriate. Within seven days the form will be typewritten, signed by the examining medical professional and furnished upon request to the aforementioned agencies;
(i) The consenting victim will be furnished with anticonception and antivenereal disease treatment, unless contraindicated for medical reasons;
(j) The comprehensive hospital will accept any alleged victim who appears without police assistance. Such hospitals will continue to notify the police department in accordance with the requirements set forth in subsection (e)(3) of this section. The hospital will then follow the procedure heretofore enumerated;
(5) report to the department of health, as such department may require from time to time in rules and regulations duly promulgated by the commissioner of health. All such reports shall be furnished to the department of health on forms prepared by such department and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of the applicable hospital;
(6) keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the hospital, if such chemical is present at the hospital in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with Section 4-4-280 of this Code;
(7) upon request, to make the records required under this section available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.
(f) Prohibited acts. It shall be unlawful for any licensee engaged in the business of hospital to:
(1) deny to any person admission or treatment on account of such person's race, color, creed, national origin or ancestry. The requirements of this subsection shall apply to the licensed hospital, as well as to it employees and agents.
(g) Rules.
(1) Pursuant to Section 2-112-070, the Commissioner of Public Health may adopt and enforce rules relating to the operation and conduct of hospitals licensed under this chapter. Pursuant to Section 2-112-110, the Commissioner of Public Health shall enforce all rules relating to the operation of hospitals promulgated by any federal, state, or local authority with the power to make such rules.
(2) The Commissioner of Public Health shall adopt and publish rules regarding facilities rendering care and services in maternity, perinatal, and neonatal cases. Such rules shall comply with all applicable State of Illinois laws and rules and regulations regarding maternity care, and with the guidelines established by the American Academy of Obstetricians and Gynecologists (A.A.O.G.) for perinatal care.
(3) The Commissioner of Public Health shall adopt and publish rules regarding the reporting of trauma care cases to the Department of Public Health.
((Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 64; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 12; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 8)