Title
Republic Act No. 4226
Date
Jun 19, 1965
The Hospital Licensure Act, also known as Republic Act No. 4226, requires the licensure of all hospitals in the Philippines and outlines the powers and duties of the licensing agency, as well as the requirements for construction permits, registration, and licensing. It also provides for the revocation of licenses, classification of hospitals, and imposes fees and penalties for non-compliance.
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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.

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