ILCS » Chapter 210 · Act 5
Illinois Compiled Statutes

210 ILCS 5/4 (2026)

No person shall open, conduct or maintain an ambulatory surgical treatment center without first obtaining a license from the Department

✓ current as of May 2026
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(210 ILCS 5/4) (from Ch. 111 1/2, par. 157-8.4)
    Sec. 4. No person shall open, conduct or maintain an ambulatory surgical treatment center without first obtaining a license from the Department.
    Nothing in this Act shall be construed to impair or abridge the power of municipalities to license and regulate ambulatory surgical treatment centers, provided that the municipal ordinance requires compliance with at least the minimum requirements developed by the Department pursuant to this Act.
    The Administrative Review Law, as heretofore or hereafter amended, shall be applicable to the judicial review of final administrative decisions of the regulatory agency of the municipality. Any municipality having an ordinance licensing and regulating ambulatory surgical treatment centers which provides for minimum standards and regulations which meet at least the minimum requirements established pursuant to this Act shall make such periodic reports to the Department as the Department may deem necessary. This report shall include a list of ambulatory surgical treatment centers meeting standards substantially equivalent to those promulgated by the Department under this Act. The Department may issue a license to such ambulatory surgical treatment centers based upon such reports or the Department may conduct investigations or inspections to determine whether a license should be issued to these ambulatory surgical treatment centers.
(Source: P.A. 82-783.)

    
Notes of Decisions
Cited in 7 cases, 2001–2018 · leading case: Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd., 777 N.E.2d 924 (Ill. 2002).
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Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd., 777 N.E.2d 924 (Ill. 2002). “210 ILCS 5/4 (West 1998). Section lOf of the Treatment Center Act states that the Department may issue an order of revocation or refuse to renew a license “[w]hen the Director determines that there is or has been a substantial or continued failure to comply with this Act or any…”
Marion Hosp. Corp. v. Health Facilities Plan. Bd., 746 N.E.2d 880 (Ill. App. Ct. 2001). “210 ILCS 5/4 (West 1998). The Department is to issue an operating permit only if the applicant complies with the Treatment Center Act and the rules, regulations, and standards promulgated pursuant to it.”
Arient v. Alhaj-Hussein, 2017 IL App (1st) 162369 (Ill. App. Ct. 2018). “See 210 ILCS 5/4 (West 2012). Section 6 of the Act contains a detailed set of requirements which must be met before the Director of Public Health may issue a license.”
Arient v. Alhaj-Hussein, 2017 IL App (1st) 162369 (Ill. App. Ct. 2017). “See 210 ILCS 5/4 (West 2012). Section 6 of the Act contains a detailed set of requirements which must be met before the Director of Public Health may issue a license.”
Advanced Ambulatory Surgical Ctr. v. The Health Facilities & Servs. Review Bd., Inc., 2014 IL App (4th) 130468 (Ill. App. Ct. 2014). “See 210 ILCS 5/4 (West 2000) (“No person shall open, conduct or maintain an ambulatory surgical treatment center without first obtaining a license from the Department.”
Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd. (Ill. 2002). “210 ILCS 5/4 (West 1998). Section 10f of the Treatment Center Act states that the Department may issue an order of revocation or refuse to renew a license “[w]hen the Director determines that there is or has been a substantial or continued failure to comply with this Act or any…”
Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd. Opinion text corrected (Ill. App. Ct. 2001). “210 ILCS 5/4 (West 1998). The Department is to issue an operating permit only if the applicant complies with the Treatment Center Act and the rules, regulations, and standards promulgated pursuant to it.”
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