Law Summary
Objective
- To set DOH guidelines implementing Rule XI of the Omnibus Rules on Migrant Workers and Overseas Filipinos Act, as amended.
Scope of Application
- Applies to all DOH-accredited medical clinics conducting PEME for land-based and seafarer overseas employment applicants.
Definitions
- Defines key terms including Applicant, Assessment Tool, Audiometry, Board Certified Physician, BHFS, COA (Certificate of Accreditation), DOH Accredited Medical Clinic, PEME, OFW, QSS (Quality Standard System), Peer Review Committee, POEA, and others.
- Clarifies concepts such as fitness date, full-time/part-time personnel, repatriation, and STCW standards.
Implementing Mechanisms: General Guidelines
- DOH regulates all medical clinics conducting PEME with standards and accreditation.
- Fees for PEME are regulated, monitored, published and must be reasonable.
- No monopoly allowed on health exams for any receiving country.
- Migrant workers must have freedom to choose accredited clinics, except seafarers whose PEME cost is borne by principals/shipowners.
- Prohibits "decking practice" where applicants are redirected to other clinics.
- All clinics must have a valid Quality Standard System (QSS) certification.
- Standards operating procedures to be complied with internationally recognized benchmarks.
- BHFS coordinates with DFA for diplomatic support in protecting health rights of migrant workers.
Classification and Standards of Medical Facilities
- Medical facilities classified as Regular (for both land based and seafarers) or Special (exclusive for seafarers or land based).
- Personnel requirements: full time licensed medical director, examiners, nurses, psychologists, audiometricians, dentists; ancillary staff like pathologists, radiologists, technologists; administrative officers and quality management representatives.
- Physical facilities must meet DOH construction and space standards including specific rooms for clinical, dental, psychological, and ancillary services.
- Equipment must be adequate, maintained, calibrated, with contingency plans for breakdowns.
- Clinics must deliver quality PEME services with documented manuals and SOPs.
- Information management systems for recording, reporting, and submitting data to DOH BHFS, including electronic systems interoperable across agencies.
Data Reporting and Records Management
- Clinics must report PEME statistics monthly in prescribed formats.
- Maintain certificates bearing authorized physician signatures; electronic signatures follow E-Commerce Law.
- Applicants’ confidentiality and right to access records assured.
- Medical records retention and disposal comply with DOH or competent authority standards.
PEME Package and Validity
- Basic PEME package standardized by DOH.
- Medical standards for seafarers aligned with ILO/IMO guidelines.
- Health examinations required only if reasonable certainty of employment.
- Fees paid directly by applicants except seafarers (principal bears cost).
- PEME Certificates valid 90 days for land-based applicants, 2 years for seafarers with certain exceptions.
Repatriation
- Medical clinics responsible for repatriation costs if OFW is found medically unfit within 15 days of arrival overseas.
- Violation results in accreditation revocation.
- Procedures include reporting to BHFS and evaluation by the Peer Review Committee.
Peer Review Committee
- Established to review contested PEME results.
- Committee includes medical specialists and determining authority of appeals.
- Decision of committee is final.
Roles and Responsibilities of Agencies
- BHFS issues, renews, suspends, revokes COA; investigates complaints.
- Accredited clinics conduct PEME following standards and submit reports.
- POEA handles recruitment agency violations and foreign employer compliance.
- DFA and POEA address foreign employer issues refusing PEME results.
- Civil Service Commission supervises government personnel misconduct.
- LGUs promote awareness against illegal recruitment and protect OFWs.
Procedural Guidelines for Accreditation
- Clinics apply for COA via online forms; pay fees and comply with QSS requirements.
- COA validity: 3 years; renewal required before expiration.
- Non-compliance leads to operation cessation.
- Procedures for Permits to Construct and inspections governed by related AOs.
Fee Schedule
- Fees must be conspicuously posted.
- Fees comply with existing One-Stop Shop System regulations.
Terms and Conditions of COA
- Clinics must report changes affecting COA.
- COA may be revoked or suspended for violations or false statements.
Investigation and Sanctions
- BHFS investigates complaints; imposes sanctions.
- Government personnel subject to disciplinary action.
- Professional misconduct reported to PRC boards.
- FDA assists regarding ancillary services like pharmacies and x-ray.
Violations and Penalties
- Violations subject clinic to fines, suspension, or revocation of COA.
- Repatriation issues lead to automatic revocation.
- Preventive suspension possible for up to 60 days.
- Violation during suspension grounds for revocation.
Appeals
- Clinics may file motions for reconsideration and appeal to Health Secretary.
- Decisions of Health Secretary are final.
Transition and Effectivity
- Clinics given until June 30, 2014 to comply fully.
- Repeals inconsistent orders.
- Severability clause ensures unaffected provisions remain valid if parts invalidated.
- Order effective 15 days after publication.