QuestionsQuestions (BHFS ADMINISTRATIVE ORDER NO. 70-A S. 2002, JANUARY 3, 2002)
It is issued to implement the provisions of R.A. 4226 (Hospital Licensure Act) consistent with E.O. 102 (redirecting the functions and operations of the Department of Health).
It applies to all government and private hospitals and other health facilities in the Philippines.
The Department of Health through the Bureau of Health Facilities and Services in the Office for Health Regulation.
A health facility for diagnosis, treatment, and care of individuals needing surgical, obstetrical, medical, or nursing care, where there are installed bassinets or beds for 24-hour use or longer by patients.
They are classified by: (1) government or private ownership/operation, (2) general or special services, and (3) service capability (e.g., first level referral, second level referral, third level referral, infirmary, birthing home, and psychiatric care facilities).
It provides clinical care for prevalent diseases and includes general medicine, pediatrics, obstetrics and gynecology, surgery, and anesthesia; provides administrative and ancillary services (clinical laboratory, radiology, pharmacy); and provides nursing care for patients needing intermediate, moderate, and partial supervised care for 24 hours or longer.
A Second Level Referral Hospital is departmentalized and provides clinical care for prevalent diseases plus particular forms of treatment, surgical procedures, and intensive care, and it provides nursing care including total and intensive skilled care.
It is a teaching and training hospital with clinical care including specialized and sub-specialized treatment and intensive care, and it provides continuous and highly specialized critical care; it includes services from Second Level plus sub-specialty clinical care.
A license is a formal authorization issued by the DOH to operate a hospital/health facility. It is a prerequisite for accreditation by any DOH-recognized accrediting body.
A permit to construct is required before construction/alteration/expansion/renovation or increase in bed capacity; a license to operate is then required after construction and completion.
The applicant requests forms/information, accomplishes required documents and submits to the Center for Health Development for endorsement to the Bureau (and pays fees upon filing), the Bureau conducts ocular inspection, the Bureau approves or disapproves issuance, and if approved it registers the facility and issues the initial license; if disapproved, it issues findings/recommendations and the applicant may request another inspection.
It must be renewed every year. The application for renewal must be filed 90 days before the expiry date.
The Bureau must immediately close hospitals/health facilities without a license to operate.
Examples include: operating without permit to construct or without appropriate license, making substantial alterations without permit, material false statements in applications, changing location/management/name/ownership without written notice, refusal to allow inspection or monitoring, and failure to correct deficiencies after due notice.
If found violating R.A. 4226 or the rules, the Director may suspend the license for a definite or indefinite period or revoke it, without prejudice to criminal action by judicial authorities.
Upon conviction: not more than P500 for the first offense and not more than P1,000 for each subsequent offense, with each day of operation after first conviction considered a subsequent offense.
It must file a notice of appeal within 30 days from receipt of notice of the decision, in the Office of the Secretary, and serve a copy to the Bureau. The Secretary’s decision is final and executory.