QuestionsQuestions (Republic Act No. 4226)
Republic Act No. 4226 is titled “AN ACT REQUIRING THE LICENSURE OF ALL HOSPITALS IN THE PHILIPPINES AND AUTHORIZING THE BUREAU OF MEDICAL SERVICES TO SERVE AS THE LICENSING AGENCY,” and it is commonly known as the “Hospital Licensure Act.”
A “hospital” is a place devoted primarily to the diagnosis, treatment, and care of individuals needing medical care, including institutions with beds/cribs/bassinets for 24-hour use or longer, and it also includes various related facilities such as convalescent/sanatorial institutions, nurseries, dispensaries, and similar names.
A clinic is generally outpatient, but under RA 4226, any clinic/dispensary with at least six beds/cribs/bassinets for 24-hour use is construed to fall within the hospital definition.
A “government hospital” is operated and maintained wholly or partly by national/provincial/city/municipal government or other political subdivisions or their agencies. A “private hospital” is privately owned/established/operated using private capital, donations, or contributions by private individuals, corporations, religious organizations, or similar entities.
No hospital may be constructed unless plans are approved and a construction permit is issued by the licensing agency.
No hospital shall operate or be opened to the public unless it is registered and has obtained a license for its operation from the licensing agency.
The Bureau of Medical Services serves as the licensing agency. The Secretary of Health must reorganize it to include hospital architects, hospital administrators, sanitary engineers, and other necessary personnel without necessarily increasing present personnel strength.
It must conduct ocular surveys/inspections of existing hospitals, approve hospital plans and issue construction permits, keep a permanent register, grant/revoke licenses, perform periodic inspections for compliance, publish yearly lists of approved hospitals, and submit yearly reports to Congress and the Secretary of Health.
The application must be submitted in the required form with the hospital plant plan proposed, and must state: name of hospital, ownership, number of beds proposed to be operated, location, and type of hospital.
It must provide sufficient bed space for the proposed capacity, a laboratory room, operating room (with sterilization and anesthesia preparation areas), an X-ray/radiology room, pharmacy/dispensary or outpatient department, delivery room, isolation rooms, autopsy room or morgue, quarters for residents/nurses/attendants/helpers, sufficient toilet facilities, proper sex segregation in wards, and classification of wards as far as practicable by case type.
A permit to construct and a license to operate/maintain are issued only after an ocular inspection by a representative of the licensing agency who certifies satisfactory compliance with the Act’s requisites; the operating license is renewed yearly upon payment of prescribed fees.
The licensing agency may suspend/revoke for: (a) repeated violation of the Act or any existing law; (b) repeated violation of rules and regulations implementing the Act; or (c) repeated failure to make necessary corrections/adjustments required by the licensing agency to improve facilities and services.
Any person/association/corporation/private entity refused a license or whose license is suspended or revoked is entitled to an administrative hearing by the Secretary of Health and his two undersecretaries to determine justifiability; the licensee may still resort to courts as provided by law.
Yes. Separate licenses are required for hospitals or branches maintained in separate premises even if operated under the same management. But separate licenses are not required for separate buildings within the same compound.
Hospital licenses for operation are not transferable. The licensing agency must be notified of changes in ownership or hospital name; if there is a change in location, a new license application must be submitted.
Operating or managing a hospital/clinic without a license or violating RA 4226 is a misdemeanor. Penalties are: fine up to PHP 500 for first offense, up to PHP 1,000 for each subsequent offense, and each day of operation after first conviction counts as a subsequent offense.
A permit to construct costs PHP 5; registration fee PHP 5; annual license fee PHP 10. Government hospitals are exempt from payment of such fees.