Title
Guidelines for DOH Permit to Construct Application
Law
Administrative Order No. 2016-0042
Decision Date
Jan 5, 2017
Administrative Order No. 2016-0042 streamlines the application process for the Department of Health Permit to Construct (DOH-PTC) by decentralizing regulatory functions to Regional Offices for selected health facilities, enhancing efficiency and responsiveness in licensing and compliance.

Questions (Administrative Order No. 2016-0042)

It decentralizes the DOH-PTC application process for selected health facilities to DOH Regional Offices (ROs), harmonizes PTC-related issuances, and improves efficiency, rationality, and responsiveness due to increased application volume.

A DOH-PTC is a permit issued by the DOH through the Health Facilities and Services Regulatory Bureau (HFSRB) to an applicant to establish and operate a hospital or other health facility after compliance with required documents before construction; it is also a prerequisite for the License to Operate (LTO).

Ambulatory Surgical Clinic; Birthing Home; Drug Abuse Treatment and Rehabilitation Center (Residential and Non-Residential); Drug Testing Laboratory; Hemodialysis Clinic; Hospital; Infirmary; Medical Facility for Overseas Workers and Seafarers; and Psychiatric Care Facility (Acute-Chronic and Custodial).

A DOH-PTC is required whenever the facility will undergo substantial alteration/expansion/renovation, increase in bed capacity, or add-on services beyond its current service capability (including listed add-on services).

The A.O. provides a list of which facilities are handled by HFSRB and those decentralized to ROs (including phased decentralization by level/criteria). For example, hospitals of certain levels and specific facility types are allocated to HFSRB while others are assigned to RO-RLED for review/approval.

It reviews and evaluates DOH-PTC applications for compliance with planning and design guidelines and checklists for the specific health facility type.

It includes a Chairperson (Director IV or qualified HFSRB personnel/RLED Chief or qualified RLED personnel), a Vice-Chair, and members at a minimum: an Architect/Engineer, a Physician, and a Nurse. Other technical experts may be invited as needed.

A duly accomplished application form; proof of ownership (e.g., DTI/SEC registration with Articles/by-laws for private entities, enabling act/board resolution for government-owned, or CDA registration with articles/by-laws for cooperatives); three sets of architectural floor plans signed and sealed by an architect and/or engineer (with electronic copy allowed); and an approved CON for new general hospitals.

Applicants must strictly follow the checklist for the specific health facility when planning and designing their facility and submitting floor plans to ensure compliance with minimum standards.

HFSRB or the RO must approve or disapprove the application within fifteen (15) working days, inform the applicant of the status, issue the DOH-PTC for approved applications, and return documents with findings if disapproved.

The applicant may avail of technical assistance/advisory services from HFSRB or the RO, revise the documents, and submit revised documents for another review without additional payment; the same timeline applies for the second review.

The applicant must re-apply and pay another application fee.

The DOH-PTC is valid for one (1) year after approval, and the applicant must strictly adhere to the terms and conditions in the DOH-PTC.

Penalization through issuance of a Cease and Desist Order.

A hospital/health facility aggrieved may file a notice of appeal within ten (10) days after receipt of the notice of decision to the Head of the Office for Health Regulation (OHR). Records are elevated by HFSRB/RO. The OHR decision may be further appealed to the Secretary of Health, whose decision is final and executory.

DOH-PTC applications for Infirmary, Level 1 hospitals, add-ons to Level 1 hospitals, and Psychiatric Care Facilities (Acute-Chronic and Custodial) filed at HFSRB before the A.O. shall still be acted upon by HFSRB.

It took effect fifteen (15) days after publication in a newspaper of general circulation.


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