(a) No person shall establish, maintain or operate a freestanding surgical outpatient facility without first obtaining a license therefor from the City. The term "freestanding surgical outpatient facility" or other similar term shall not be used on unlicensed places.
(b) An application for a license for a facility shall be made on forms authorized and provided by the Director of the Department of Welfare. The application shall include the identity of the owner of the facility.
(c) An application fee of one thousand dollars ($1,000) shall accompany the initial application for a license. An annual license fee of one thousand dollars ($1,000) shall be due and payable on or before January 1 of each year thereafter.
(d) An application for a license for a facility shall be made and signed by the individual desiring to establish, conduct or maintain a licensed facility, or by the authorized representative of an individual, co-partnership, corporation, association or other legal entity desiring to establish, conduct or maintain a facility. The application shall include a statement of the intended purpose of the facility by specifying the types of surgery to be performed in it. When appropriate, the name of the facility may include a brief statement of the services provided, e.g., hand surgery, general surgery, industrial surgery, sterilization or abortion.
(e) The owner or governing body may designate a qualified administrator of a facility, who may be the authorized representative, and delegate to the administrator the responsibility for the day-to-day operation in compliance with licensing requirements and such additional policies or regulations as the owner or governing body may adopt.
(f) An authorized representative of a facility may make application and amendments to an application to provide the Director with all information necessary to the Director's determination made in connection with issuance of the license and may enter into agreements with the Director in connection with the issuance of the license. A certificate of appointments or other written evidence of the authority vested in the authorized representative shall be attached to the application.
(g) In matters relating to licensing, the Director may continue to deal with the authorized representative until notified in writing that a new authorized representative has been appointed with equal power, and that the former authorized representative is no longer authorized to act.
(h) The Director may use any appropriate means of notice and may direct notices of any administrative action pursuant to licensing of a facility to the applicant or the authorized representative either personally or by mail at the address of the facility.
(i) Prior to the issuance of a license, a facility shall furnish a liability policy or copy thereof to the City, with minimum limits of one million dollars ($1,000,000), protecting patients of such surgery against any and all acts of misfeasance or malfeasance by the facility's employees or agents.
(j) A facility shall comply with all applicable State and local laws and regulations.
(k) If the Director determines that a facility complies with this chapter and all other applicable State and local laws and regulations, the Director shall issue a license.
(l) The Director shall immediately revoke the license of any licensed facility which fails to comply with this chapter and/or any other applicable State or local law or regulation.
(m) Upon issuance, denial or revocation of a license, the Director shall issue written notice of such action to the facility. In cases of issuance, the written notice shall specify that the application conforms to all applicable laws. In cases of denial or revocation, the written notice shall specify that the application and/or facility fails to conform to law, and shall set forth the section or sections of this chapter and/or other applicable laws which the application and/or facility fails to conform with.
(n) (1) Any person, or any party in interest aggrieved by the issuance, denial or revocation of a license, may, within fifteen days of such issuance, denial or revocation, file with the Director a written request for a hearing before the Director. The request shall set forth the reasons why a hearing is desired and shall affirm or deny each item of compliance or noncompliance specified in the notice of issuance, denial or revocation.
(2) Within thirty days of the filing of a request for a hearing, the Director shall conduct such hearing. Personal service or service by certified mail shall be made upon the party in interest or person requesting the hearing at least ten days prior to the hearing. Notice of the hearing shall specify the place, date, hour and nature of the hearing, a statement of the specific law involved and a statement of the matters asserted.
(3) Within forty-five days of such hearing, the Director shall issue a written decision in regard thereto, which shall specify therein the particular law involved, the evidence adduced in relation thereto at such hearing and the Director's decision. The written decision shall be served personally or by certified mail upon the party in interest or person who requested the hearing.
(4) Within thirty days of service of the Director's written decision, such decision may be appealed to the Board of Zoning Appeals, and review by the Board shall be de novo.
(o) The Director or his or her authorized representative shall make an annual inspection within the three-month period before the facility's license expiration date. No license shall be renewed until the completion of such an inspection and until a favorable recommendation by the County Board of Health is on file. Additional inspections shall be made as often as is necessary in the judgment of the Director or his or her authorized representative.
(p) An issued license shall be posted in a conspicuous public area of the facility.
(q) A license is not transferable between owners or from one location to another.
(r) The facility shall give written notice to the Department of Welfare within five business days of any change in information in the application pursuant to which a license has been issued.
(s) Use of the word "approved" or similar words by a facility is hereby prohibited. The word "licensed" may be used by a licensed facility.
(t) Use of the word "hospital" or words having similar meaning is hereby prohibited in reference to a facility, except to identify a facility owned and operated by a licensed hospital, by including, if desired, the name of the parent hospital in the name or by a modifying phrase or a clause as a subtitle of the facility's name.
(u) Use of the word "safe" or words of similar meaning to describe any services rendered by a freestanding surgical outpatient facility is hereby prohibited in the absence of information about the risks associated with the procedure.
(v) No facility or physician shall advertise any procedure of surgery unless the advertisement includes prominent notice about the mortality risk and the risks of injury from the surgery.
(Ord. 1978-72. Passed 10-18-78.)