Purpose of the Regulations
- To establish and regulate standards for medical services and examinations for overseas and interisland workers/seafarers.
- To ensure only physically, medically, and occupationally qualified workers are deployed.
Scope of Application
- Applies to licensed medical clinics, hospitals, and laboratories offering examination services to private recruitment entities, manning agencies, and shipping companies.
Regulatory Authority
- The DOH, via its Bureau of Licensing and Regulation (BLR), holds licensing, accreditation, and regulatory roles.
Classification of Clinics
- Regular land-based clinics for overseas workers.
- Seafarers clinics for local and foreign employment.
- Combined seafarers and land-based clinics.
- In-house clinics for specific agencies or companies (may require bond).
- Each category requires a P30,000 bond with the BLR.
Accreditation Requirements (Technical Standards)
- Clinic facilities: examining tables, stethoscope, sphygmomanometer, scales, lights, ophthalmic charts, otoscope, fundoscope, gloves.
- X-ray facilities must be licensed by the BLR.
- Laboratories must be licensed by Bureau of Research and Laboratories (BRL), capable of specific tests including CBC, blood typing, pregnancy tests, etc.
- Physical plant includes reception, consultation, treatment, laboratory, dental, psycho rooms, and comfort rooms.
- Staffing standards specify full-time and part-time physicians (male and female), specialists (cardiologist, pathologist, radiologist), nurses, psychologist, technician, dentist, aide, and messenger.
- Additional requirements for seafarers clinics for specialized testing and EENT consultants.
Conduct of Medical Examinations
- Only accredited hospitals/clinics conduct exams.
- Medical exams are done after job interview and acceptance by agency/company.
- Scope includes complete physical, chest X-ray, CBC, blood typing, urinalysis, stool, dental, and psychometric evaluations.
- Seafarers require visual acuity, color perception (Ishihara test), hearing and audiometry, speech tests as appropriate.
- HIV, Hepatitis-B, VDRL tests conducted when required by destination country.
- ECG required for applicants 40+ years or when mandated.
- Medical results submitted within 48 hours.
- Standardized medical rating forms must be used.
Integrity of Medical Examination Results
- Clinics/hospitals guarantee results for three months.
- Affidavit of undertaking filed with client and DOH.
- Clinic liable for repatriation and related expenses if employer rejects/terminates medically qualified worker within 3 months for progressive illnesses detected at examination.
Dispute Resolution
- Results contested may be reviewed by BLR with expert assistance.
Standard Medical Examination Fees
- Fees are standardized and prescribed by BLR.
Responsibilities of Clinics/Hospitals
- Compliance with Code of Ethics.
- Monthly reporting to the BLR.
- Continuous upgrading of facilities and staff competence.
- Medical exams conducted only on accredited premises by accredited staff.
- Prevent unnecessary medication.
Basic Accreditation Requirements
- Letter of application.
- Business registration documents.
- Licenses to operate labs and X-ray facilities.
- Accreditation from BRL for HIV testing labs.
- Professional licenses, NBI clearance of medical staff.
- Location map.
- Cash bond of P30,000 for regular and seafarers clinics.
Application and Fees
- Application with affidavit.
- Application fee P1,000.
- Accreditation fee P1,000.
- Penalties for late renewal.
- Separate accreditation for different premises under same management.
Inspection and Monitoring
- Regular inspections by BLR and authorized representatives.
- Assistance may come from professional experts.
- Local health officers empowered to report violations.
Issuance and Terms of Accreditation
- Certificate issued upon compliance and payment.
- Provisional accreditation for 1-3 months if requirements unmet.
- Appeals process available.
- Accreditation non-transferable.
- Change of ownership or location requires re-accreditation.
- Certificate must be publicly displayed.
- Valid for one year.
Renewal and Cancellation
- Renew 60 days before expiry.
- Operations continue pending renewal decision.
- Lapse of accreditation after 3 months leads to cancellation and need for reaccreditation.
Publication
- List of accredited clinics/hospitals published periodically.
Modification and Revocation
- Accreditation terms subject to amendment.
- Suspension or revocation requires due notice and investigation except in urgent public health cases.
Authentication of Medical Certificates
- DOH authenticates certificates only from accredited clinics.
- Authentication fee of P10 per certificate.
Violations and Penalties
- Various offenses such as issuing fake reports, operating outside accreditation, unlicensed labs, unauthorized branches, form misuse, refusal of inspections, failure to correct deficiencies, misinterpretation causing repatriation.
- Penalties vary from reprimand, suspension (1-6 months), to revocation.
- Garnishment of cash bond in repatriation cases.
Investigation of Complaints
- BLR and DOH officials investigate verified complaints.
- Sanctions imposed without prejudice to criminal charges.
Effectivity
- Rules effective 15 days after publication.
- Supersede inconsistent prior issuances including Joint DOH-DOLE rules.