[ DOH ADMINISTRATIVE ORDER NO. 2005-0029, December 12, 2005 ]

AMENDMENT TO ADMINISTRATIVE ORDER NO. 147 S. 2004: AMENDING ADMINISTRATIVE ORDER NO. 70-A SERIES 2002 RE: REVISED RULES AND REGULATIONS GOVERNING THE REGISTRATION, LICENSURE AND OPERATION OF HOSPITALS AND OTHER HEALTH FACILITIES IN THE PHILIPPINES



Pursuant to Administrative Order No. 147, s. 2004: Amending Administrative Order No. 70-A series 2002 re: Revised Rules and Regulations Governing the Registration, Licensure and Operation of Hospitals and Other Health Facilities in the Philippines, the following provisions are hereby amended:

Under Section 7 CLASSIFICATION OF HOSPITALS AND OTHER HEALTH FACILITIES

Subsection 7.2 General or Special

    7.2.1 General - Provides services for all types of deformity, disease, illness or injury.

    7.2.2 Special - primarily engaged in the provision of specific clinical care and management.

The aforementioned provision is hereby amended to read as follows:

    Subsection 7.2 General or Special

      7.2.1 General - provides services for all types of deformity, disease, illness or injury.

      7.2.2 Special - primarily engaged in the provision of specific clinical care and management. It must have ancillary and support services appropriate for a given service capability.

Subsection 7.3 Service Capability

    7.3.1 Primary Care

      7.3.1.1 Non-departmentalized hospital that provides clinical care and management on the prevalent diseases in the locality

      7.3.1.2 Clinical services include general medicine, pediatrics, obstetrics and gynecology, surgery and anesthesia

      7.3.1.3 Provides appropriate administrative and ancillary services (clinical laboratory, radiology, pharmacy)

      7.3.1.4 Provides nursing care for patients who require intermediate, moderate and partial category of supervised care for 24 hours or longer

    7.3.2 Secondary Care

      7.3.2.1 Departmentalized hospital that provides clinical care and management on the prevalent diseases in the locality, as well as particular forms of treatment, surgical procedure and intensive care

      7.3.2.2 Clinical services provided in Primary Care as well as specialty clinical care

      7.3.2.3 Provides appropriate administrative and ancillary services (clinical laboratory, radiology, pharmacy)

      7.3.2.4 Nursing care provided in Primary Care as well as total and intensive skilled care

    7.3.3 Tertiary Care

      7.3.3.1 Teaching and training hospital that provides clinical care and management on the prevalent diseases in the locality, as well as specialized and sub-specialized forms of treatment, surgical procedure and intensive care

      7.3.3.2 Clinical services provided in secondary care as well as sub-specialty clinical case

      7.3.3.3 Provides appropriate administrative and ancillary services (clinical laboratory, radiology, pharmacy)

      7.3.3.4 Nursing care provided in Secondary Care as well as continuous and highly specialized critical care

    7.3.4 Infirmary - a health facility that provides emergency treatment and care to the sick and injured, as well as clinical care and management to mothers and newborn babies.

    7.3.5 Birthing Home - a health facility that provides maternity service on pre-natal and post-natal care, normal spontaneous delivery, and care of newborn babies.

    7.3.6 Acute-Chronic Psychiatric Care Facility - a health facility that provides medical service, nursing care, pharmacological treatment and psychological intervention for mentally ill patients.

    7.3.7 Custodial Psychiatric Care Facility - a health facility that provides long-term care, including basic human services such as food and shelter, to chronic mentally ill patients.

The aforementioned provision is hereby amended to read as follows:

Subsection 7.3 Service Capability

    7.3.1 hospital

      7.3.1.1 Level 1

        7.3.1.1.1 An emergency hospital that provides initial clinical care and management to patients requiring immediate treatment, as well as primary care on prevalent diseases in the locality

        7.3.1.1.2 Clinical services include general medicine, pediatrics, obstetrics and non-surgical gynecology and minor surgery

        7.3.1.1.3 General administrative service and may provide ancillary services (primary clinical laboratory, first level radiology, pharmacy)

        7.3.1.1.4 Provides nursing care for patients who re- quire minimal category of supervised care for 24 hours or longer

      7.3.1.2 Level 2

        7.3.1.2.1 Non-departmentalized hospital that provides clinical care and management on the prevalent diseases in the locality

        7.3.1.2.2 Clinical services include general medicine, pediatrics, obstetrics and gynecology, surgery and anesthesia

        7.3.1.2.3 Appropriate administrative and ancillary services (secondary clinical laboratory, first level radiology, pharmacy)

        7.3.1.2.4 Nursing care provided in the Level 1 hospital as well as intermediate, moderate and partial category of supervised care for 24 hours or longer

      7.3.1.3 Level 3

        7.3.1.3.1 Departmentalized hospital that provides clinical care and management on the prevalent diseases in the locality, as well as particular forms of treatment, surgical procedure and intensive care

        7.3.1.3.2 Clinical services provided in Level 2 hospital as well as specialty clinical care

        7.3.1.3.3 Appropriate administrative and ancillary ser vices (tertiary clinical laboratory, second level radiology, pharmacy)

        7.3.1.3.4 Nursing care provided in Level 2 hospital as well as total and intensive skilled care

      7.3.1.4 Level 4

        7.3.1.4.1 Teaching and training hospital (with at least one Accredited Residency training Program for Physicians) that provides clinical care and management on the prevalent diseases in the locality, as well as specialized and sub-specialized forms of treatment, surgical procedure and intensive care

        7.3.1.4.2 Clinical services provided in Level 3 hospital as well as sub-specialty clinical care

        7.3.1.4.3 Appropriate administrative and ancillary services (tertiary clinical laboratory, third level radiology, pharmacy)

        7.3.1.4.4 Nursing care provided in Level 3 hospital as well as continuous and highly specialized critical care

    7.3.2 Other health Facilities

      7.3.2.1 Birthing home - a health facility that provides maternity service on pre-natal and post-natal care, normal spontaneous delivery, and care of newborn babies.

      7.3.2.2 Psychiatric Care Facility - a health facility engaged in the care of mentally ill patients

        7.3.2.2.1 Acute-Chronic - provides medical service, nursing care, pharmacological treatment and psychosocial intervention for mentally ill-patients.

        7.3.2.2.2 Custodial - provides long-term care, including basic human services such as food and shelter, to chronic mentally ill patients.

    Under SECTION 10. Requirements and Procedures for Application of Permit and License -

      Subsection 10.1.1 The following are the required documents to be accomplished and/or submitted before a Permit to Construct can be issued:

        10.1.1.1 Letter of Application to the Director of the Center for Health Development
        10.1.1.2 Letter of Endorsement to the Director of the Bureau of Health Facilities and Services
        10.1.1.3 Form No. 1-01: Notarized Application for Permit to Construct
        10.1.1.4 Four (4) Sets of Site Development Plans and Floor Plans signed and sealed by an Architect and/or Engineer
        10.1.1.5 Environmental Compliance Certificate from the DENR Environmental Management Bureau-Regional Office (for hospitals only)
        10.1.1.6 Waste Management Plan
        10.1.1.7 Such other documents that may be required by the Bureau of Health Facilities and Services

        For construction of a new hospital or other health facility: or change in classification, include:

        10.1.1.8 Feasibility Study
        10.1.1.9 Zoning Certificate or Location Clearance from the City/Municipal Planning and Development Office
        10.1.1.10 DTI/SEC Registration (for private hospital or other health facility)
        10.1.1.11 Enabling Act (for national government hospital and other health facility)
        10.1.1.12 Approved Sanggunian Resolution (for local government hospital and other health facility)
        10.1.1.13 Building Permit from the Office of the Building Official in the locality
        10.1.1.14 Fire Safety Permit from the Bureau of Fire Protection in the locality
        10.1.1.15 Such other documents that may be required by the Bureau of Health Facilities and Services

    The aforementioned provision is hereby amended to read as follows:

      Subsection 10.1.1 The following are the required documents to be accomplished and/or submitted before a Permit to Construct can be issued:

        10.1.1.1 Letter of Application to the Director of the Center for health Development (if filed at the ChD)
        10.1.1.2 Letter of Endorsement to the Director of the Bureau of health Facilities and Services (if filed at the ChD)
        10.1.1.3 Form No. 1-01: Application for Permit to Construct
        10.1.1.4 Three (3) Sets of Site Development Plans and Floor Plans signed and sealed by an Architect and/or Engineer
        10.1.1.5 Such other documents that may be required by the Bureau of health Facilities and Services

        Additional requirements for the construction of a new hospital and other health facility include:

        10.1.1.6 ChD ™s recommendation to establish a hospital based on the Criteria for the Establishment of a New hospital (for hospitals only)
        10.1.1.7 Zoning Certificate or Location Clearance from the City/Municipal Planning and Development Office
        10.1.1.8 DTI/SEC Registration (for private hospital or other health facility)
        10.1.1.9 Enabling Act (for national government hospital and other health facility)
        10.1.1.10 Approved Sanggunian Resolution (for local government hospital and other health facility)

      Subsection 10.2.1 The following are the required documents to be accomplished before an initial License to Operate can be issued:

        10.2.1.1 Letter of Application and Request for Inspection to the Director of the Center for Health Development
        10.2.1.2 Letter of Endorsement to the Bureau of Health Facilities and Services
        10.2.1.3 Form No. 2-01: Notarized Application for Registration and Issuance of License to Operate
        10.2.1.4 List of Personnel
        10.2.1.5 List of Equipment/Instrument
        10.2.1.6 Photo Album of the Exterior and Interior of the Hospital or Other Health Facility
        10.2.1.7 Certificate of Occupancy from the Office of the Building Official in the locality
        10.2.1.8 Fire Safety Inspection Certificate from the Bureau of Fire Protection in the locality
        10.2.1.9 Sanitary Certificate from the Local Health Office
        10.2.1.10 Such other documents that may be required by the Bureau of Health Facilities and Services.

    The aforementioned provision is hereby amended to read as follows:

    Subsection 10.2.1 The following are the required documents to be accomplished before as initial License to Operate can be issued:

      10.2.1.1 Letter of Application and Request for Inspection to the Director of the Center for health Development (if filed at the ChD)
      10.2.1.2 Letter of Endorsement to the Bureau of health Facilities and Services (if filed at the ChD)
      10.2.1.3 Form No. 2-01: Notarized Application for Registration and Issuance of License to Operate
      10.2.1.4 List of Personnel
      10.2.1.5 List of Equipment
      10.2.1.6 Environmental Compliance Certificate from the DENR Environmental Management Bureau-Regional Office (for hospitals only)
      10.2.1.7 Waste Management Plan
      10.2.1.8 Photo Album of the Exterior and Interior of the hospital or Other health Facility
      10.2.1.9 Certificate of Occupancy from the Office of the Building Official in the locality
      10.2.1.10 Fire Safety Inspection Certificate from the Bureau of Fire Protection in the locality
      10.2.1.11Sanitary Certificate from the Local health Office
      10.2.1.12 Such other documents that may be required by the Bureau of health Facilities and Services.

    SUBSECTION 10.3.2 The Committee shall meet once a week or when necessary. It shall be composed of, but not limited to, the following staff from the Bureau of Health Facilities and Services

      10.3.2.1 Chairman-Assistant Director (Bureau of Health Facilities and Services)
      10.3.2.2 Vice-Chairman- Head (Standards Development Division)
      10.3.2.3 Members- Architect, Engineer, Health Physicist, Licensing Officer III, Nurse, Pathologist or Medical Technologist, Pharmacist, Physician

    The aforementioned provision is hereby amended to read as follows:

    Subsection 10.3.2 The health Facility Establishment Review Committee shall meet once a week or as often as necessary. It shall be composed of, but not limited to, the following staff from the Bureau of health Facilities and Services

      10.3.2.1 Chairman-Assistant Director (Bureau of health Facilities and Services)
      10.3.2.2 Vice-Chairman- Physician
      10.3.2.3 Members- Architect, Engineer, health Physicist, Nurse, Pathologist or Medical Technologist, Pharmacist

Under Section 11. RENEWAL OF LICENSE

Subsection 11.4 The Center for Health Development shall submit a quarterly report of all applications for Renewal of License to Operate to the Bureau of Health Facilities and Services. The report shall include the name of hospital or other health facility, location, type of application and scope of work.

The aforementioned provision is hereby amended to read as follows:

 

Subsection 11.4 The Center for health Development shall submit an annual report of all applications for Renewal of License to Operate to the Bureau of health Facilities and Services. The report shall include the name of hospital or other health facility, location, and type of application.

Under Section 13. MONITORING:

    13.1 All Hospitals and other health facilities shall be monitored regularly and records shall be made available to determine compliance with these rules and regulations.
    13.2 The Bureau of Health Facilities and Services shall be allowed to monitor the hospital and other health facilities at any given time and without prior notice.
    13.3 All hospitals and other health facilities shall make their records available for inspection and examination to the Bureau of Health Facilities and Services

The aforementioned provision is hereby amended to read as follows:

SECTION 13. MONITORING :

    13.1 All hospitals and other health facilities shall be monitored regularly and records shall be made available to determine compliance with these rules and regulations.
    13.2 The Bureau of health Facilities and Services/Center for health Development shall be allowed to monitor the hospital and other health facilities at any given time and without prior notice.
    13.3 All hospitals and other health facilities shall make their records available for inspection and examination to the Bureau of health Facilities and Services/Center for health Development
    13.4 A Notice of Violation when applicable shall be issued immediately after monitoring the health facility.

Under Section 14. TECHNICAL ASSISTANCE

    14.1 The Bureau of Health Facilities and Services shall develop the capability of the Center for Health Development on enforcement of these rules and regulations
    14.2 The Bureau of Health Facilities and Services shall provide technical assistance to the Center for Health Development, Local Government Unit, and Private Institution regarding compliance with the licensing requirements for all hospitals and other health facilities

The aforementioned provision is hereby amended to read as follows:

Under Section 14. TEChNICAL ASSISTANCE

    14.1 The Bureau of health Facilities and Services shall provide technical assistance and develop the capability of the Center for health Development on enforcement of these rules and regulations
    14.2 The Bureau of health Facilities and Services /Center for health Development shall provide technical assistance to the Local Government Unit, and Private Institution regarding compliance with the licensing requirements for all hospitals and other health facilities.

Under Section 19. SUSPENSION/REVOCATION OF LICENSE: A License to Operate, whether issued initially or renewed, shall be suspended or revoked by the Director of the Bureau of Health Facilities and Services upon violation of R.A. 4226 and/or of these rules and regulations. The Bureau of Health Facilities and Services shall notify the hospital or other health facility concerned, or any of its personnel, by registered mail the particular reasons for the denial, suspension or revocation of its license.

The aforementioned provision is hereby amended to read as follows:

 

Section 19. SUSPENSION/REVOCATION OF LICENSE: A License to Operate, whether issued initially or renewed, shall, after due notice and opportunity to be heard, be suspended or revoked by the Under- secretary of health in charge of the Regulatory Cluster, based on the recommendation of the Director of the Bureau of health Facilities and Services/Center for health Development and after determination that the hospital or health facility has violated R.A. 4226 and/or of these rules and regulations. The Bureau of health Facilities and Services/Center for health Development shall notify the hospital or other health facility concerned, or any of its personnel, using the most appropriate means of written communication, the particular reasons for the denial, suspension or revocation of its license.

 

Under Section 20. CLOSURE: The Bureau of Health Facilities and Services shall immediately close all hospitals and other health facilities without License to Operate, and may seek assistance of any government agency to effectively enforce the closure.

The aforementioned provision is hereby amended to read as follows:

 

Section 20. CLOSURE: The Bureau of health Facilities and Services/ Center for health Development shall immediately close all hospitals and other health facilities without a valid and existing License to Operate, and may seek assistance of any government agency to effectively enforce the closure.

Repealing Clause:

This Order shall repeal and supersede Section 7 Subsections 7.2 and 7.3, Section 10 Subsections 10.1.1., 10.2.1 and 10.3.2, Section 11 Subsection 11.4, Section 13, Section 14, Section 19 and Section 20 of Administrative Order 147 s. 2004 and all other inconsistent administrative issuances.

Effectivity:

This Order shall take effect upon approval and publication in the official gazette or newspaper of general circulation.

Adopted: 12 Dec. 2005

(SGD.) FRANCISCO T. DUQUE III, MD, MSc
Secretary of Health