Hospital Licensure Act
Republic Act 4226 – Hospital Licensure Act
Fifth Congress of the REPUBLIC OF THE PHILIPPINES
Begun and held in the City of Manila on Monday, the twenty fifth day of January, nineteen hundred and sixty five.
AN ACT REQUIRING THE LICENSURE OF ALL HOSPITALS IN THE PHILIPPINES AND AUTHORIZING THE BUREAU OF MEDICAL SERVICES TO SERVE AS THE LICENSING AGENCY
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1 – This act shall also be known as the Hospital Licensure Act.
Section 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 or longer by patients in the treatment of diseases, diseased-condition, injuries, deformities or abnormal physical and mental states, maternity cases, and sanitorial or sanitarial care infirmities, nurseries, dispensaries, and such other means by which they maybe designated.
1. “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. 2. “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, firms, company or joint stock association. 3. “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. 4. “Licensee” is a person, or persons granted a licensee to operate and maintain a hospital according to an approved minimum standard.
Section 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.
Section 4 – Registration and License – No hospital shall operate or be opened to the public unless it has been registered and a license for its operation obtained from this licensing agency provided in this Act. Section 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 of this Act without necessarily increasing the present personnel strength of this Bureau.
Section 6 – Powers and Duties of the Licensing Agency – The Bureau of Medical Services, or the licensing agency shall have the following powers and duties:
1. 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. 2. To describe standard plans for government hospital plants in consultation with the Division of Architecture, Bureau of Public Works 3. To approved plans for hospital plants, government or private and to issue permits or authority to construct hospitals in accordance with provision of this Act. 4. 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 may be necessary. 5. To grant licenses for the operation and maintenance of hospitals or revoke the same in accordance with the provision of this Act. 6. 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 found during such inspection. 7. To publish yearly, a list of all approved hospitals indicating the name, location, type, authorized beds, and name of the Director or Administrator. 8. 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 hospitals, location, bed capacity and the name of the director or administrator and make recommendations on hospital needs or requirements for hospital service in certain communities that do not enjoy such hospital services.
Section 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 the hospital to be constructed.
Section 8 – Minimum Standards and 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 preparation, etc. an x-ray or radiology room, pharmacy, dispensary or out-patient department, delivery room, isolation room, 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 type of sexes is observed and as far as practicable as to the type of cases to be confined.
Section 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 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.
Section 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 representatives 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.
Section 11 – Revocation of License – The licensing agency may suspend or revoke a license already issued for any of the following grounds: a) repeated violation by the existing law; b) repeated failure to make necessary correction or adjustments required by the licensing agency in the improvement of facilities and services.
Section 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 or 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 court, as in other cases provided by law.
Section 13 – Separate License Required – Separate licenses shall be required for hospital or branches thereof maintained in separate premises, even though they are operated 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.
Section 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, and transfer of location and in the latter case, an application for new license should be submitted.
Section 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.
Section 16 – Classification of Hospitals – The licensing agency shall study and adopt a system of classifying hospitals 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.
Section 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 an annual license fee of ten pesos shall likewise be collected for 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.
Section 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 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.
Section 19 – Repeal – any law or laws or parts thereof inconsistent with the provisions of this Act are hereby repealed.
Section 20 – Effectivity – This Act shall take effect upon its approval.
APPROVED: FERDINAND E. MARCOS CORNELIO T. VILLAREAL President of the Senate Speaker of the House of Representatives
Finally passes by the Senate This Act, which originated in the On April 21, 1965 House of Representatives, was Finally passed by the same on May 21, 1964
REGINO E. EUSTAQUIO INOCENCIO B. PAREJA Secretary of the Senate Secretary of the House of Representatives
Approved: June 19, 1965
DIOSDADO MACAPAGAL President of the Philippines