Title
Hospital Licensure and Regulation Act
Law
Republic Act No. 4226
Decision 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.

Law Summary

Key Definitions

  • 'Hospital' includes any place primarily engaged in diagnosis, treatment, and care of patients with illness, injury, or medical conditions and includes institutions with beds for 24-hour or longer patient use.
  • 'Government hospital' is one operated wholly or partly by government entities.
  • 'Private hospital' is one privately owned and funded.
  • 'Clinic' refers to outpatient facilities; those with 6 or more beds are classified as hospitals.
  • 'Licensee' refers to holders of hospital operation licenses.

Construction Permits

  • No hospital may be constructed without license agency approval of plans and issuance of a construction permit.

Registration and Licensing Requirement

  • Hospitals must register and secure a license before operation or public opening.

Licensing Agency and Staffing

  • The Bureau of Medical Services, under the Secretary of Health, acts as the licensing agency.
  • The Bureau is reorganized to include architects, hospital administrators, sanitary engineers, and other relevant personnel.

Licensing Agency Powers and Duties

  • Conduct ocular surveys of existing hospitals to assess operational fitness.
  • Prescribe standard construction plans.
  • Approve construction plans and issue construction permits.
  • Maintain registers of licensed hospitals including key data such as ownership, bed capacity, and administrators.
  • Grant or revoke licenses.
  • Perform periodic inspections and enforce compliance.
  • Publish annual lists of approved hospitals.
  • Submit yearly reports to government officials including recommendations for hospital needs.

Application for Construction Permit Procedure

  • Applicants submit plans and details including hospital name, ownership, location, and bed capacity to the Bureau of Medical Services.

Minimum Standards of Hospital Construction

  • Must provide adequate bed space and essential facilities: laboratory, operating room, sterilization workrooms, radiology, pharmacy, outpatient departments, delivery, isolation, morgue, and sufficient staff quarters and toilets.
  • Wards must segregate sexes and classify patients according to case type.

Registration and Licensing Application

  • Filed with the Bureau on prescribed forms.
  • Issuance depends on meeting minimum construction standards and other regulatory requirements.

Inspection and License Issuance

  • Licenses and construction permits issued only after ocular inspection and certification of compliance.
  • Annual license renewal is required upon fee payment.

Grounds and Process for License Revocation

  • License may be revoked or suspended for repeated violations of the Act, related laws, or failure to correct deficiencies.

Administrative Hearing for License Issues

  • Denial, suspension, or revocation of a license entitles the affected party to an administrative hearing conducted by the Secretary of Health and undersecretaries.
  • Judicial remedies remain available.

Separate Licenses for Separate Premises

  • Separate licenses required for hospitals or branches in distinct premises.
  • Separate buildings within the same compound require only permits for construction or alteration.

Non-Transferability of Licenses

  • Hospital operation licenses are non-transferable.
  • The licensing agency must be notified of any ownership, name, or location changes with new licenses required for relocations.

Rule-making Authority

  • The Bureau of Medical Services shall promulgate implementing rules and regulations, subject to the Secretary of Health's approval.

Hospital Classification System

  • Hospitals classified by: general or special type, service capabilities, size/bed capacity, and whether training hospitals.

Fees

  • Five pesos for construction permit.
  • Five pesos registration fee.
  • Ten pesos annual license fee.
  • Government hospitals exempted from fees.
  • Fees collected constitute a revolving fund for the licensing agency.

Penalties for Non-Compliance

  • Operating a hospital without a license or violating the Act constitutes a misdemeanor.
  • Fines: up to 500 pesos for first offense, up to 1,000 pesos for subsequent offenses.
  • Each day of continued operation post-conviction counts as a separate offense.

Repeal of Inconsistent Laws

  • Any laws or parts inconsistent with the Act are repealed.

Effectivity

  • The Act takes effect upon approval on June 19, 1965.

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