Law Summary
Key Definitions
- Private Practice: Clinical services rendered by practitioners for payment
- Government Physician: PRC-registered doctor employed in government health facilities
- Fellows/Diplomates: Certified medical professionals by relevant specialty societies
- DOH Certified Medical Specialists: Certified by DOH prior to 1989
- Medical Specialist: PRC-registered Doctor of Medicine certified by specialty societies or DOH exam, appointed officially
- Visiting Consultant: Appointed specialist providing consultative, teaching, and training services on a nominal fee basis
- Honorary Consultant: Retired/resigned specialists appointed similarly as visiting consultants
- Dentist: PRC-registered Doctor in Dentistry
- Government Paramedical Professionals: Registered allied health professionals including nurses, midwives, therapists, technologists, social workers, pharmacists
Scope
- Applies to all physicians and paramedical/allied professionals in DOH hospitals, LGU hospitals, and other government health facilities at all levels
Eligibility for Private Practice
- Medical specialists with plantilla or pool items for at least one year
- Visiting and honorary consultants
- Dentists with plantilla items for at least one year
- Other paramedical/allied professionals with plantilla items for at least one year
Application Requirements
- For plantilla holders: PHIC accreditation, very satisfactory performance evaluation, no pending administrative case, and additional hospital requirements
- For visiting/honorary consultants/dentists without plantilla: PHIC accreditation, hospital credentials committee recommendation, approval by hospital chief, document of participation in training activities (for renewal), and additional hospital requirements
Certification Procedure for Private Practice
- Application submitted to chosen government hospital/facility
- Submission of sworn statements disclosing potential conflict of interest
- Evaluation by Hospital Credentials Committee for qualification
- Approval by Chief of Hospital via notarized Memorandum of Agreement (MOA) defining roles and privileges
- MOA mandates use of hospital diagnostic and therapeutic facilities and prescription of drugs available in hospital pharmacy
Hospital Policies on Professional Fees
- Prohibits charging deposits and down payments for professional fees
- Hospital bills take precedence over professional fees
- Patient admission, transfer, and discharge follow existing DOH policies
- Billing adheres to DOH and Commission on Audit rules
- Professional fees guided by PHIC Relative Value Scale and current market rates where applicable
- For PHIC patients, fees correspond to PHIC peso conversion factor
- HMO patients pay excess professional fees beyond their plan coverage
- Billing and collection handled by hospital units; official receipts issued by hospital cashier or representative
Special Provisions on Work Hours and Conduct
- Private practice limited to periods outside prescribed official working hours (40 hours/week full-time, 20 hours/week part-time)
- Resident trainees prohibited from engaging in private practice
- Potential conflicts of interest must be disclosed; requests denied if conflicts found
- Chief of Hospital authorized to establish internal controls consistent with laws
- Secretary of Health or authorized representative approves private practice permits for key hospital officers
- Cases not covered by this order referred to National Center for Health Facility Development for evaluation
Repealing Clause and Effectivity
- Repeals Administrative Order No. 172 s. 2001 and inconsistent issuances
- Order takes effect immediately upon issuance
This comprehensive framework governs the private practice of medical and paramedical professionals in Philippine government health facilities, balancing service delivery quality, practitioner rights, and regulatory compliance.