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This page features the full text of
Republic
Act No. 4226
Hospital
Licensure Act
Republic
Act No. 4226 AN
ACT REQUIRING THE LICENSURE OF ALL HOSPITALS IN THE PHILIPPINES AND
AUTHORING
THE BUREAU OF MEDICAL SERVICES TO SERVE AS THE LICENCING AGENCY
Section
1. This Act shall also be known as the "Hospital Licensure
Act."
Sec.
2. Definitions. -
(a) "Hospital" means a place devoted primarily
to the maintenance
and
operation of facilities for the diagnosis, treatment and care of
individuals
suffering from illness, disease, injury or deformity, or in need of
obstetrical
or other medical and nursing care. The term "hospital" shall
also
be construed as any institution, building or place where there are
installed
beds or cribs or bassinets for twenty-four hour use of longer by
patients
in the treatment of diseases, diseased-condition, injuries, deformities
or abnormal physical and dispensaries, and such other means by which
they
may be designated.
(b) "Government Hospital" is a hospital
operated and maintained
either
partially or wholly by the national, provincial, municipal, or city
government
or other political subdivision, or by any department, division, board
or
other agency thereof.
(c) "Private Hospital" is one which is
privately owned,
established
and operated with funds raised or contributed through donations, or by
private capital or other means, by private individuals, association,
corporation,
religious organizations, forms, company or joint stock association.
(d) "Clinic" means a place in which patients
avail of medical
consultations
or treatments on an out-patient basis. However, any clinic or
dispensary
where there is at least six (6) beds or cribs or bassinets installed
for
twenty-four hour use by patients shall be construed to fall within the
definition of a hospital as described in this Act.
(e) "Licensee" is a person, or persons granted
a license to
operate
and maintain a hospital according to an approved minimum standard.
Sec.
3. Construction Permit. - No hospital, government or private
shall
be constructed unless plans have been approved and construction permit
issued by the licensing agency as defined in this Act.
Sec.
4. Registration and License. - No hospital shall operate
or
be opened to the public unless it shall be been registered and a
license
for its operation obtained from the licensing agency provided in this
Act.
Sec.
5. Licensing Agency. - For purposes of setting standards in
hospital
construction and operation, the Bureau of Medical Services, in addition
to its present duties, shall act as the licensing agency. The Secretary
of Health shall reorganize this Bureau to include a stall of hospital
architects,
hospitals administrator’s sanitary engineers and such personnel as may
be necessary to carry out the purposes to this Act without necessarily
increasing the present personnel strength of this Bureau.
Sec.
6. Powers and Duties of the Licensing Agency. - The Bureau of
Medical
Services, or the licensing agency shall have the following powers and
duties:
(a)
To conduct an ocular survey of all existing hospitals in the
Philippines,
government and private, with a view to determine their fitness to
operate
considering their facilities and physical plant.
(b)
To describe the standard plans for government hospital plants in
consultation
with the Division of Architecture, Bureau of Public Works.
(c)
To approved plans for hospital plants, government or private and to
issue
permits or authority to construct hospitals in accordance with the
provision
of this Act.
(d)
To keep a permanent register of approved hospitals or those issued
licenses
to operate indicating the name of the hospital, address or location,
type
of hospital, name of the director or administrator, ownership, number
of
authorized beds and bassinets and such other pertinent data as many as
may be necessary.
(e)
To grant licenses for the operation and maintenance of hospitals or
revoke
the same in accordance with the provisions of this Act.
(f)
To make periodic inspection of all hospitals as to check compliance
with
rules and regulations legally promulgated or with the provisions of
this
Act and to make recommendations to directors or administrators of
hospitals
for the correction of defects founding such inspection.
(g)
To publish yearly, a list of all approved hospitals indicating the
name,
location, type, authorized beds, and name of the Director or
Administrator.
(h)
To submit yearly report to the Secretary of Health, the Speaker of the
House of Representatives, the President of the Senate and Chairman and
Members of the Committee on Health of both Houses of Congress, such
report
to include a list of approved hospitals indicating the name of the
hospital,
location, bed capacity and the name of the director or the
administrator
and make recommendations on hospital needs or requirements for hospital
service communications that do not enjoy such hospital services.
Sec.
7. Filing of Application for Construction Permit. - Application
for a Permit to Construct a hospital shall be submitted to the Office
of
the Director, Bureau of Medical Services in a form prescribed by the
latter
and accompanied by a plan of the hospital plant proposed to be
constructed.
The application shall state the name of the hospital, ownership, number
of beds proposed to be operated, location and type of hospital to be
constructed.
Sec.
8. Minimum Standards of Construction. - In order that a permit
to
construct a hospital can be issued, the hospital plan shall provide
sufficient
bed space for the hospital bed capacity proposed, a laboratory room and
operating room, including work rooms for sterilization, anesthesia,
etc.
an e-ray or radiology room, pharmacy dispensary or out-patient
department,
delivery room, isolation rooms, autopsy room or morgue, sufficient
quarters
for residents, nurses, attendants and helpers and sufficient number of
toilet facilities.
Wards
shall be constructed such that segregation of the sexes is observed and
as far as practicable as to the cases to be confined.
Sec.
9. Application for Registration and Issuance of License. - Application
for registration of a hospital and for the issuance of a license for
its
operation and maintenance shall be filed with the Bureau of Medical
Services
on a form of prescribed by it. Registration may be made and license
issued
upon compliance with the provisions of Section Eight hereof and the
rules
and regulations prescribed by the licensing agency pursuant to the
provision
of this Act.
Sec.
10. Inspection. - Permit to construct a hospital or a
major
portion thereof and license to operate and maintain the same shall be
issued
by the licensing agency only after a representative of the licensing
agency
has conducted an ocular inspection and verified that the applicant has
satisfactorily complied with the requisites prescribed in this Act. The
license to operate and maintain a hospital shall be renewed every year
upon payment of the prescribed fees.
Sec.
11. Revocation of License. - The licensing agency may suspend
or
evoke a license already issued for any of the following grounds: (a)
repeated
violation by the licensee of any provision of this Act or of any other
existing law; (b) repeated failure to make necessary correction or
adjustments
required by the licensing agency in the improvement of facilities and
services.
Sec.
12. Hearing. - Any person, association, corporation, or any
other
private entity who has been refused a license to operate and maintain a
hospital or those license for such has been suspended to revoked shall
be entitled to administrative hearing to be conducted by the Secretary
of Health and his two Undersecretaries to determine justifiability of
such
denial, suspension, or revocation of the license: Provided,
That
the licensee may resort to the courts, as in other cases provided by
law.
Sec.
13. Separate License Required. - Separate licenses shall be
required
for hospital or branches thereof maintained in separate premises, even
though they are operate under the same management: Provided, however,
That separate licenses shall not be required for separate buildings in
the same compound: Provided, further, That premises for
construction
or alteration of building within the same compound shall also be
secured
from the licensing agency to determine compliance with standards and
requirements
herein authorized.
Sec.
14. License not Transferable. - License for the operation of
hospitals
shall not be transferable. The licensing agency shall be notified of
any
change in ownership, change in name of hospital, an transfer of
location
and in the letter case, an application for new license should be
submitted.
Sec.
15. Rules and Regulations. - The Bureau of Medical Services
acting
as a licensing agency and subject to the approval of the Secretary of
Health,
shall promulgate rules and regulations to implement the provisions of
this
Act.
Sec.
16. Classification of Hospitals. - The licensing agency shall
study
and adopt a system of classifying in the Philippines as to (1) general
or special; (2) hospital service capabilities; (3) size or bed
capacity;
and (4) class of hospital whether training or not.
Sec.
17. Fees. - Each applicant for a permit to construct a
hospital
shall pay the amount of five pesos as permit fee. A registration fee of
five pesos and a annual license fee to ten pesos shall likewise be
collected
each hospital and for such approved license: Provided, That a
government
hospital shall be exempt from the payment of such fees. The amount
herein
collected shall be officially receipted by the licensing agency and
shall
constitute as a revolving fund for the use of the licensing agency.
Sec.
18. Penalties. - Any person, partnership, association or
corporation
who establishes, operates, conducts, manages or maintains a hospital or
clinic within the meaning of this Act without first obtaining a license
as provided for in this Act or violates any provision hereof shall be
liable
to a fine of not more than five hundred pesos for the first offense,
and
each day that the hospital shall operate after the first conviction
shall
be considered a subsequent offense.
Sec.
19. Repeal. - Any law or laws thereof inconsistent with the
provisions
of this Act are hereby repealed.
Sec.
20. Effectivity. - This Act takes effect upon its approval.
Approved:
June 19, 1965
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