Law Summary
Title and Purpose
- Legal Document Type: Republic Act No. 4226
- Purpose: This Act mandates the licensure of all hospitals in the Philippines and designates the Bureau of Medical Services as the licensing authority.
Section 1: Title of the Act
- Title: The Act is referred to as the Hospital Licensure Act.
Section 2: Definitions
- Key Definitions:
- Hospital: A facility primarily for diagnosis, treatment, and care of patients, including various types of care facilities.
- Government Hospital: Operated by national or local government entities.
- Private Hospital: Privately owned and operated with funds from private sources.
- Clinic: A facility for out-patient medical consultations; defined as a hospital if it has at least six beds for overnight use.
- Licensee: Individual or entity granted a license to operate a hospital.
Section 3: Construction Permit
- Requirement: No hospital can be constructed without an approved plan and construction permit from the licensing agency.
- Key Detail: This applies to both government and private hospitals.
Section 4: Registration and License
- Operational Requirement: Hospitals must be registered and obtain a license from the licensing agency before opening to the public.
Section 5: Licensing Agency
- Designation: The Bureau of Medical Services will serve as the licensing agency.
- Reorganization: The Bureau will include specialized staff to fulfill its duties without increasing existing personnel.
Section 6: Powers and Duties of the Licensing Agency
- Powers:
- Conduct surveys of existing hospitals.
- Approve construction plans and issue permits.
- Maintain a register of licensed hospitals.
- Conduct inspections and publish annual lists of licensed hospitals.
- Submit annual reports to relevant health authorities.
Section 7: Application for Construction Permit
- Procedure: Applications for construction permits must be submitted to the Bureau, including hospital plans and relevant details about the proposed facility.
Section 8: Minimum Standards of Construction
- Requirements: Hospital plans must include adequate facilities such as laboratories, operating rooms, and sufficient bed space, among others.
Section 9: Application for Registration and License
- Process: Applications for registration and licenses must comply with construction standards and regulations set by the licensing agency.
Section 10: Inspection
- Condition for Issuance: Licenses and permits are issued post-inspection confirming compliance with the Act’s requirements. Annual renewals are required.
Section 11: Revocation of License
- Grounds for Revocation:
- Repeated violations of the Act or its regulations.
- Failure to correct deficiencies noted by the licensing agency.
Section 12: Hearing
- Rights of Licensees: Entities denied or whose licenses are revoked may request an administrative hearing to contest the decision.
Section 13: Separate Licenses Required
- Requirement: Separate licenses are necessary for hospitals or branches in different locations, not for buildings within the same compound.
Section 14: License Not Transferable
- Conditions: Licenses cannot be transferred; changes in ownership or location require notification and new applications.
Section 15: Rules and Regulations
- Authority: The Bureau of Medical Services will create regulations to implement this Act, subject to approval by the Secretary of Health.
Section 16: Classification of Hospitals
- Classification Study: The licensing agency will develop a classification system based on hospital capabilities, size, and training status.
Section 17: Fees
- Fee Structure:
- Construction permit: ₱5
- Registration fee: ₱5
- Annual license fee: ₱10
- Exemption: Government hospitals are exempt from these fees.
Section 18: Penalties
- Consequences for Non-compliance: Establishing or operating a hospital without a license is a misdemeanor, punishable by fines ranging from ₱500 for first offenses to ₱1,000 for subsequent offenses, with daily operation without a license constituting additional offenses.
Section 19: Repeal
- Inconsistencies: Any conflicting laws or provisions are repealed.
Section 20: Effectivity
- Implementation: The Act takes effect upon approval.
Key Takeaways
- The Hospital Licensure Act establishes a regulatory framework for hospital licensure in the Philippines, ensuring that standards are met for the operation of both government and private hospitals.
- The Bureau of Medical Services is tasked with oversight, including inspections, licensing, and enforcement of compliance with established standards.
- Violations can lead to significant penalties, emphasizing the importance of adherence to the Act’s provisions.