Settlement Proposal; Methodist Hospital of Gary Violations - Life Safety Code
Public Court Documents
April 11, 1978
20 pages
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Case Files, Hatcher v. Methodist Hospital - Hardbacks. Settlement Proposal; Methodist Hospital of Gary Violations - Life Safety Code, 1978. 80dbd046-5484-f111-ab0f-7c1e527d528a. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/1770cfe3-a933-4dc6-a0cb-1f1ddfcd42d7/settlement-proposal-methodist-hospital-of-gary-violations-life-safety-code. Accessed October 10, 2026.
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[||3dee98ed-d3fe-4f4c-87ff-57e0079f6904||] SETTLEMENT PROPOSAL
l. Methodist Hospital shall implement a building and
improvement program at its Gary facility providing for the
following:
a. Installation of a reception room and elevator
on the east side of the hospital structure leading
to the area designated as 4 North and remodeling of.
said 4 North area to house a Family Practice Residency
Program.
b. A Medical Services Building to be located
on the west side of the hospital struature to contain
the following:
l. A new surgical suite containing four
(4) operating rooms plus one (l) cystoscopy. room
and one (1) outpatient surgical room, a recovery
room containing six (6) to eight (8) beds and {
a special procedures X-ray room;
2. A new intensive care and coronary care
unit with an aggregate of twelve (12) beds;
3. A new central supply department;
4. An expansion of the emergency room including
examining ‘rooms and admitting;
5. This building will be built so that it:
is capable of expansion by one (1) floor.
6. Nuclear Medicine will be relocated into
this building.
c. An outpatient pharmacy providing twenty-four
(24) hour service to the citizens of Gary and vicinity
which shall be located in the Medical Services Building
or adjacent to the hospital.
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d. A sufficient power plant to service the additional
facilities described in this agreement. Methodist
Hospital shall provide, as needed, additional power
to serve added facilities listed in the approved long
range plan as that power becomes needed and it shall
not fall to build such facilities because of lack of
adequate power facilities at the Gary hospital.
e. Refurbishing of the Labor and Obstetrics Depart-
ment including setting up a new nursery with new equipment
where necessary such as oxygen, suction and ventilation;
providing new beds and tables in the general Obstetrics
area and blocking up of the windows in the general.
Obstetrics area.
f. In order to bring the hospital into compliance
with the 1973 LIfe Safety Code as determined by the
review of the Regional Office Facilities, Engineering
and Construction (ROFAC) of Region V of the Health,
Education and Welfare Department dated March 3, 1978,1
and to meet the review of the Joint Commission for
Accreditation of Hospitals dated the 22nd of August,
1977, the hospital will make the improvements, physical
alterations and additions set out on the attached list
marked "Exhibit A". The ventilation required by HEW
but not listed on the attached "Exhibit A" will not
be required. No federal funds will be used to accomplish
the work described in this subparagraph.
g. Remodeling of the South Pavilion Cafeteria
into an Auditorium.
h. With the advice of a special consultant, Methodist
Hospital will provide secure parking for doctors, employees
and visitors.
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i. An Intermediate Cardiac Care Unit with telemetry
and a Stress Testing Cardiac Rehabilitation Lab will
be established.
Jj. A laundry sufficient to service the Broadway
and Gary facilities. It is understood and agreed that
Mayor Hatcher shall secure for the hospital two (2)
to three (3) acres of land in the City of Gary for
said laundry.
k. The area presently housing Nuclear Medicine
will be remodeled for the Ambulatory Care Clinics and
Services.
2. Methodist Hospital shall implement a building and
improvement program at its Broadway facility providing for
the following:
a. A new Health Services Building at Broadway
will be constructed under plans previously submitted
to HEW under Project No. 213, copies of which are attached
hereto and marked "Exhibit B" including descriptions. !
b. A one hundred five (105) bed addition.
3. The State will recommend and HEW will transfer
the grant, loan guarantee and interest subsidies from Project
213 to Gary to be used in conjunction with the grant, loan
guarantee and interest subsidies from Project 212 to carry
out the projects outlined in paragraph 1 above.
4. The parties will execute an agreement providing
that the matters set out herein will be incorporated into
a Consent Decree to be entered by the Court when the hospital
has secured financing at an interest rate of no more than
one and one-half points over the prime rate at the Continental
Illinois National Bank for a period of not less than twenty-
five (25) years to carry out the building projects described
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in paragraphs 1 and 2 above.
5. The plaintiffs and the State will not oppose any
of the building programs outlined above including particularly
the one hundred five (105) beds at Broadway. This does
not effect the State's obligations under 42 U.S.C. §1320a-
1 and Public Law 93-641.
6. The State based upon the mutual and respective
undertakings of the parties as herein set out will decline
to review the projects outlined in paragraphs 1 and 2 (a) above
under §1122. HEW will not take action against the State
defendants for declining to review the projects outlined
in paragraphs 1 and 2 (a) above.
7. HEW agrees that the building programs outlined
above, particularly the addition of the one hundred five
(105) beds, will not constitute a violation of Title VI
of the Civil Rights Act or the Assurances signed by the
hospital on July 27, 19173.
8. The Family Practice Residency Program will be pveLlable
to enrolled families and will provide high quality medical |
care in a manner not inconsistent with the accreditation
standards provided for by the Academy of Family Practice.
Medical service will be available when needed during a twenty-
four (24) hour period of time.
9... There shall be no duplication at the Broadway facility
of clinics existing at the Gary facility nor shall there
be any new clinics at Broadway unless it is demonstrated
to HEW's Office Of Civil Rights of Revion V that. there is
a need for such clinic for the population served by Broadway
and that there are adequate hours and staffing at the clinics
in Gary. This shall not preclude Methodist Hospital from
allowing physicians to treat their private patients at Broadway
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without prior HEW approval if similar space is utilized
by physicians at Gary for patients for whom Gary is more
convenient. |
10. The building program at Broadway cannot commence
until the building program at Gary has commenced and the
building program At Gary cannot commence until the building
program at Broadway is ready to commence. Any failure by
the defendant, Methodist Hospital, to expeditiously complete
the building program will be a violation of this agreement
and will require the immediate termination of all building
programs at Broadway unless such failure to expeditiously
complete is caused by unforeseeable cause beyond the control
and without the fault or negligence of the hospital including
but not restricted to acts of God, of the public enemy,
” acts of the contractor or subcontractors in the performance
of a contract with the hospital, fires, floods, epedemics,
quarantine restrictions, strikes, freight embargoes and
severe weather.
11. The Methodist Hospital shall supply plaintiffs
and HEW with a construction starting date and an estimate
of the time required for the completion of all construction
to be performed pursuant to this agreement.
12. The hospital shall malniain Gary's occupancy rate
at an efficient level and pursuant thereto will undertake
the following:
a. Patients and doctors applying for admission
of patients to Broadway will be strongly urged to go
to Gary rather than to be placed on a waiting list
at Broadway.
b. Efforts to integrate the Staffs and patient
census at both sites will be maintained and intensified.
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The hospital will keep records of what efforts it makes
to achieve this goal.
Cc. When the hospital contemplates adding new
services such services will be placed at Gary unless
such placement is inconsistent with good hospital manage-
ment principles. For the purposes of this subparagraph,
when the determination as to what constitutes good
hospital management principles is made, economic factors
will not be considered.
13. The hospital shall provide adequate doctors’ coverage
at the Emergency Room at both sites which shall include
specialists available for consultation and doctors available
for referral and admission purposes. The hospital shall
insure that doctors Practicing at both sites shall be able
to secure specialist consultations with doctors on the Methodist
Hospital Staff. To achieve this goal, the hospital will
make every reasonable effort to insure that all doctors
on the hospital staff take emergency room calls at both /
facilities.
14. The hospital shall insure that all nursing shifts
are adequately and comparably covered at both sites without
excessive overtime.
15. Mayor Hatcher will make a good faith effort to
supply additional street lights and security forces around
the Gary facility and will participate in efforts to obtain
public transportation service between Gary and Broadway.
Mayor Hatcher shall make available the City's power of Eminent
Sona inition and on behalf of the hospital to the extent provided
by law to acquire any real estate needed in order to carry
out this agreement. Mayor Hatcher shall also assist in
any needed vacation of Hayes Street.
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16. HEW will proceed as expeditiously as possible with
the Civil Rights Review of all hospitals in Lake County
and will take appropriate action when that Review is completed.
17. The hospital shall provide transportation service
as developed by an outside consultant between the Gary and
Broadway facilities. This service shall be at no charge
to ambulatory patients or staff on their way to or from
work or a reasonable volume of patient visitors under controlled
circumstances to be approved by HEW. This transportation
shall be available at reasonable intervals on a daily basis.
Methodist Hospital shall hire the consultant as soon as
the construction schedules for the projects listed in paragraphs
l and 2 are established. The transportation system developed
is subject to modification pursuant to the joint planning
which may be required under paragraph 27 of this agreement.
Methodist Hospital will participate in efforts to obtain
public transportation between Gary and Broadway. HEW will
adjust the requirements of this subparagraph to reflect
the availability of public transportation.
18. All medical education of staff and patients at
the Broadway facility will be comparably provided at the
Gary facility.
19. Qualified staff shall be assigned to operate the
Orthovoltage X-Ray Machine at Gary at least two (2) afternoons
per week. If after six (6) months the hospital can demonstrate
to HEW's Office of Civil Rights of Region V that the service
is not feasible, then the hospital will be free to modify
the schedule.
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20. All future purchases of equipment and construction
not covered by paragraphs 1 and 2 hereof shall be made on
an equitable basis between the two facilities. Purchases
of equipment and construction over $100,000.00 shall be
approved by HEW's Office of Civil Rights of Region V prior
to purchase. HEW will respond with approval, disapproval
or reasons for additional time to respond within thirty
(30) days after receipt of the request for approval. Proof
of 2 failure to abide by a determination of HEW's Office
of Civil Rights of Region V pursuant to this paragraph shall
be grounds for the issuance by the Office of Civil Rights
of a letter of findings under Title VI of the Civil Rights
Act, 45 C.P.R. 80.7 et seq. The hospital explicitly reserves
and retains all rights to which it is entitled under Title
VI of the Civil Rights Act, 45 C.F.R. 80.8 et. geg,
21. The hospital shall establish a semi-annual reporting
system to HEW which includes:
a. Patient days at each facility by race, discharge
diagnosis, zip code and attending physician by coded
number, indicating race of physician.
b. X-Ray technicians, Lab technicians and nursing
staff by race, zip code, department, total hours, and
job classification.
Cc. Overtime of all non-physician staff by race
and total hours.
d. Equipment purchased for each facility over
$10,000.00.
e. Efforts of recruitment of staff.
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f. Utilization of transportation by race and
facility.
This information is to be used solely for the purposes of
enforcing and monitoring this Consent Decree. Unless otherwise
required by law, such information will not be released to
anyone not engaged in enforcing and monitoring this Consent
Decree. No effort will be made to decode the information
in order to learn the identity of physicians.
22. The hospital shall develop a long range plan for
both hospitals which shall be submitted by December of 1978
to the Office of Civil Rights of Region V and to the plaintiffs
for approval as a long range plan. Any material deviation
from that plan must be cleared with 0.C.R. within 30 days.
HEW will respond with this approval, disapproval or reasons
for additional time to respond within thirty (30) days of
the request. This long range plan shall include but not
be limited to the following: improvement, expansion, and
modernization of the Laboratory Department at Gary; updating
of the Radiology Department at Gary; upgrading and modernization
of Pediatrics at Gary; ventilation of the Obstetrics Department;
and central air conditioning of the following areas: Hayes
Street Wing and Grant Street Wing. This plan will be subject
to change pursuant to paragraph 27 of this agreement.
23. The Board of Directors of Methodist Hospital of
Gary, Inc. shall be restructured to insure representation
of the minority populations in Gary and the minorities in
the patient populations at both the Gary and Broadway facilities
and to that end at least one-third of the members of the
Board of Directors shall be minority persons. There shall
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also be representatives of the handicapped population on
the Board. Such representation shall be reflected on all
Committees of the Board. Said restructuring shall be completed
by the end of 1981. All openings on the Board shall be
filled to meet the requirements stated above until such
representation is achieved,
24. Methodist Hospital will make reasonable good faith
efforts to obtain residencies at the Gary facility in Internal
Medicine and Obstetrics and Gynecology.
25. Methodist Hospital will devise an outreach program
to foster a utilization by the residents of Gary of the
Family Practice Residency and Primary Care Clinics at the
Gary facility.
26. HEW will revise the 1973 Assurance Number 3 to
‘delete the approval required by the Area Comprehensive Health
Planning Agency or any other successor local planning agency.
This revision does not relieve the hospital of any of its
requirements under any other statute including 42 U.S.C. f
§1320a-1 or Public Law 93-641.
27. The parties will reduce their obligations mutually
agreed upon to terms to be incorporated in a Consent Decree
to be submitted to the Court which would additionally include
the following:
a. That the agreement to the entry of and the
terms of the Decree are not an admission by any party
of any violation or failure to comply with Title VI
Of the Civil Rights Act of 1964 or any other civil
rights law, regulation, affirmative action agreement
Or program Or assurance.
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AF asa Ye i . ae da en C1 BN rs Sli + El A
b. The Decree protects and settles the interests
and claims of the parties and members of the affected
class, particularly any and all acts and practices
of alleged civil rights discrimination at the respective
facilities of Methodist Hospital to the date of the
entry of such decree including the affects of the same
whether past, present or future. The doctrines of
-res judicata and collateral estoppel shall apply to
all plaintiffs and members of the affected class with
respect to all issues of law and fact properly within
the scope of the decree. No other actions by the plaintiffs
or any members of the affected class shall be brought
against Methodist Hospital with respect to such claims,
rights or causes of action in any form, administrative
or judicial. The foregoing, however, shall not apply
to allegedly discriminatory acts occurring after the
date of this Decree excepting those acts which are
in satisfaction and in performance of Methodist Hospital's
obligations under this Decree.
Cc. The Department of HEW shall not institute,
prosecute or support as a party or as an amicus curiae
any action involving Methodist Hospital, administrative
or otherwise, based upon any violation of Title VI
Of the Civil Rights Act of 1964, as amended, which
has been alleged or is within the scope of the Complaints
herein and to which the decree is directed. It is
recognized by the parties that HEW is conducting a
Civil Rights Review of all hospitals in Lake County,
Indiana, and HEW by joining in the Consent Decree is
not precluded from requiring commitments and resources
wl 1
4/11/78
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from Methodist Hospital that it requires of all other
hospitals in Lake County, Indiana and joint planning
it requires of any other hospitals in Lake County,
Indiana including commitments and resources pursuant
thereto. HEW is not precluded from making further
Civil Rights Reviews of Methodist Hospital concerning
acts occurring after the date of this Decree excepting
-those acts specifically required in satisfaction and
performance of its obligations under this Decree.
| d. Should the Ietensdidt ion of any specific
provision of this agreement thereafter be determined
by a federal court or a federal agency to be illegal
under federal law this Court shall upon appropriate
application and notice suspend or modify the specific
provision at issue to conform to the subsequent determination
but shall to the greatest feasible extent maintain
the initial purpose of that provision. Such suspension
or modification shall not effect the cendinder of this
agreement and the decree issued pursuant to this agreement.
28. HEW will make available upon request of plaintiffs
written communications between it and Gary Methodist Hospital
and decisions made by HEW regarding compliance with this
. Consent Decree which decisions shall likewise be made available
to Gary Methodist Hospital.
29. Adherence to the Consent Decree will be deemed
to be compliance with Assurance Number 3 of the Assurances
signed on July 27, 1973. No further approvals are required
for the projects listed in paragraphs 1 and 2 above in order
to comply with the 1973 Civil Rights Assurances.
“l=
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30. The Consent Decree shall incorporate by reference
the Civil Rights Assurances signed on July 27, 1973. Any
inconsistencies between the Consent Decree and the Assurances
are to be resolved in favor of the Decree.
31. The hospital shall continue to provide services
to those patients wi appear at the emergency room at the
Gary facility.
32. Ambulatory care services will be expanded at Gary
to provide well staffed primary care clinic services on
a frequent basis.
33. The keeping of records by race for purposes of
compliance with this agreement shall not constitute a violation
of any statute or regulation or law.
34. The terms and conditions of this Consent Decree
are subject to modification pursuant to joint planning referred
to in paragraph 27 (c) above or otherwise required by appropriate
authorities,
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Methodist Hospital of Gary
Violations - Life Safety Code #10]
of N.F.P.A.
Architectural Violations
Smoke Compartmentation -
Limit each compartment to no more than 22,500 sq. ft.,
of which both length and width are limited to 150 feet.
Smoke Doors - : :
Must be self-closing, when actuated to release from
open position by electrical hold open devices.
Stairwell Doors -
Must be labeled, Class B, self-closing and
latching with proper hardware.
Corridors -
Below minimum width, must establish equivalencies
such as updating stairwells, smoke compartmentation
and fire alarm system.
1957 building and 4th floor 1942 building do not
complete closure from floor to the underside of
slab.
Linen Chutes -
Doors shall be kept locked when located on corridors.
All chutes shall have a Class B 1% hour rated door,
self-closing and positive latch.
Terminal end of chute shall be equipped with a
self-closing device and positive latch.
Mechanical Violations in 1923 Building
The ground floor Central Supply Storage Room and
Pharmacy Storage Room require sprinklers.
Linen Chute -
Sprinklers at alternate floor levels.
To be extended full size through the roof.
The supply ducts of Central Supply are covered with
combustible canvas. Insulation must meet maximum
flame spread rating of 25 and smoke developed rating
of 150.
The floor separations are not fire sealed to prevent the
passage of smoke.
There are no fire dampers in ducts penetrating two hour
rated walls and floors.
Violations 1923 Building (continued)
This building is not smoke separated from the adjoining
buildings.
Duct systems must be equipped with smoke dampers
and actuated by smoke detectors.
Provide smoke detectors in the supply systems to
prevent the distribution of smoke.
Mechanical Violations in 1943 Building
Sprinklers are required in Medical Records and the
Storage Rooms located on Ground Floor, Linen Storage -
Rooms on Penthouse Floor.
The hood griddle located in the Cafeteria requires
an extinguishing system with fuel (electric or gas)
shut-off. :
Alcohol Storage Room on Ground Floor will be relocat-
ed to room complying with code.
The building exceeds 150 feet in length, and therefore requires
smoke barriers, and it is not smoke separated from the adjoin-
ing buildings.
All ducts which may distribute smoke from the fire zone
shall be equipped with smoke dampers and actuated
by smoke detectors in the duct system.
Provide smoke detectors in the supply systems to prevent
the distribution of smoke.
Combustibles are not permitted to be stored in the Penthouse
Gas Storage Room 572. :
There are no fire dampers in ducts penetrating two hour
fire rated walls and floors.
The floor separations are not fire sealed to prevent the
passage of smoke.
Mechanical Violations in 1957 Building
Sprinklers are required in all storage rooms, such as
BiG, BIE, BIC, BIB, G5C, G5, 82, etc.
Some storage rooms are not properly fire-rated enclosed
such as relief openings.
Mechanical Violations in 1957 Building (continued)
Corridor door louver to Ultra- Sound Room 113
must be removed.
All laboratory sinks require vacuum breakers.
The shut-off valve on the sprinkler system serving
the Laundry Clean Linen Rooms requires a supervised
- lock, and the existing flow alarm shall be connected
to the fire alarm system.
The Nursery Rooms on the third floor have no exhaust/
return air outlets. Corridor door louvers must be
removed and an exhaust/return system with outlets near
the floor and arranged for positive pressures must be
provided.
Linen. Chute System -
Sprinklers at alternate floor levels.
To be extended full-size through the roof.
The floor separations are not fire sealed to prevent the
passage of smoke.
There are no fire dampers in ducts penetrating two hour
fire rated walls and floors.
The building exceeds 150 feet in length, and therefore
requires smoke barriers, and it is not smoke separated
from the adjoining buildings.
All ducts which may distribute smoke from the
fire zone shall be equipped with smoke dampers and
actuated by smoke detectors in the duct system.
Provide smoke detectors in the supply systems to
prevent the distribution of smoke.
Mechanical Violations in 1961 Building
Mechanical Equipment Room B27
All supply ducts are covered with combustible canvas.
Insulation must meet maximum flame spread rating of
25 and smoke developed rating of 50. The equipment
room is a plenum. :
Remove relief opening in corridor wall.
Provide electric griddle shut-off with the extinguishing
system of the Coffee Shop hood and connect to the fire
alarm system.
The floor separations are not fire sealed to prevent the
passage of Smoke
Mechanical Violations in 1961 Building (continued)
There are no fire dampers in ducts penetrating two hour
fire rated walls and floors.
The building is not smoke separated from the adjoining
buildings.
. All ducts which may distribute smoke from the fire
zone shall be equipped with smoke dampers and actuat-
ed by smoke detectors in the duct system.
Provide smoke detectors in the supply system to
prevent the distribution of smoke.
Mechanical Violations in 1965 Building
The laboratory -hood in Room B33 requires a vacuum breaker.
There are no fire dampers in ducts penetrating two hour fire
rated floors and walls.
Provide smoke detectors in the supply system to prevent the
distribution of smoke.
Mechanical Violation in 1972 Building
Seal all penetrations of smoke barriers.
Mechanical Violations in Dietary Building
The hood extinguishing systems are not connected to the
fire alarm system and does not shut-off the gas fuel.
Electrical Violations - General (Applies to all Buildings)
Fire Detection and Alarm System -
Smoke compartmentation has not been provided. Doors in
smoke partitions are required to be either kept closed
or held open electrically. Smoke dampers in ducts are
to be controlled by a smoke detector located in the
ventilating system. Supply and exhaust fans are to be
controlled by smoke detectors at the respective fan
locations.
All smoke detectors shall
system.
also activate the fire alarm
Automatic fire extinguishing sprinkler heads scattered
throughout the facility. Flow alarms are required to
be connected into the fire alarm system.
aa ime a sea.
Electrical Violations in 1923 Building
Operating rooms, located on the fifth floor.
Receptacles above the five foot level are
standard parallel-blade duplex type.
No signs are posted within the room for
" non-flammable anesthesia.
Electrical Violations in 1943 Building
Alcohol storage room contains no lighting. Room
will be relocated.
Delivery rooms no ''equipotential grounding' is
provided.
Delivery rooms standard parallel-blade duplex receptacles
are being utilized.
Electrical Violations in 1957 Building
Operating room, fifth floor.
Receptacles above the five foot level are
standard parallel-blade duplex type.
No signs are posted within the room regarding
non-flammable anesthesia.
General (This is in addition to ROFEC list)
Fire-proofing of ceiling and exposed steel - boiler
house.
Excessive size borrowed lights in doors and corridors.
TOTAL ESTIMATED COST $1,500,000.00
4-5-78
Revised 4-11-78
® B
Health Services Building - Broadway
Program/Services Description
Program and Services:
First Floor
l) Out-Patient Department
Registration Ambulatory Services
Billing
Admitting
In-Patient
"Coffee Shop
Staff/vVisitors
Lobby area expanded
Visitors
In-Patient Admitting
Ambulatory Care Services
Cancer Program/Regional for 5 counties
Executive Physical Service
Cast Removal Service
Pulmonary Screening
E.E.G./E.M.G. (in-patient and out-patient)
Pre—~admission Service
Blood Drawing/Pathology
Nuclear Medicine Department (relocated)
1) Computerized Isotopic Scanning Camera
2) Large-field of View Scanning Camera
Basement
1) Auditorium
Medical Education
Employee Education
Patient Education
Storage
Affiliating Education Programs
2) Classrooms (2)
3) Mechanical Area
Building #2 (Cancer Program/Radiology)
First Floor
Physicist Work Area/Office
Oncology Office
Exam/Recovery Therapy Area
Therapy Waiting Area
Special Procedures and Control
Lymphangiography
Angiography (no cardiac specials)
Scrub Area
Xeriography
Viewing Area/Films
Staff Lounge/Employees
Ultra Sound Room
X-Ray #5 Diagnostic with Simulator
Control Area
Storage (Emergency Room/Sterile Supplies)
Basement
Storage:
Medical Records
In-Patient
Out-Patient
General Storage
Laboratory
Radiology
Dietary
Housekeeping
Plant Operations
Pharmacy
Respiratory Therapy
E.X.G.
Miscellaneous [||3dee98ed-d3fe-4f4c-87ff-57e0079f6904||]