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IRR of RA 4226

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IRR of RA 4226

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Republic ofthe Philippines Department of Health OFFICE OF THE SECRETARY ADMINISTRATIVE ORDER JUL 16 2012 NO. 2012-__001g SUBJECT: Rules and Regulations Governing _the New Classification _of Hospitals and Other Health Facilities in the Philippines I. RATIONALE/ BACKGROUND Pursuant to Section 16 of Republic Act No. 4226 otherwise known as Hospital Licensure Act, “The licensing agency shall study and adopt a system of classifying hospitals in the Philippines as to: (1) general or special; (2) service capabilities; (3) size or bed capacity and (4) classification of hospital whether training or not”. Regulation of health facilities takes into account their service capacities and compliance with standards for manpower, equipment, construction and physical facilities. It is of the essence that the actual situation be taken into consideration in dealing with the current classification of hospitals and other health facilities. A research project was therefore undertaken by the Department of Health (DOH) through the Bureau of Health Facilities and Services (BHFS) to map out the services and equipment available in all hospitals and to get an overview of the typology of the existing hospital classification and other hospital-based facilities. Knowledge of the distribution of services and equipment would enable DOH in improving access to the much needed services in keeping with the goal of Kalusugang Pangkalahatan/ Universal Health Care. In addition, this would guide the health agency in future policy direction, Consequently, in support of the study, on April 25, 2011 DOH issued Department Memorandum No. 2011-0135 entitled “A Survey of the Services and Equipment Available in Hospitals Nationwide”. Partial survey results indicate variations in the service characteristics of hospitals not only among the different categories but also within the same category based on the facilities and services they provide. Further, the latest category of Level 1 hospitals is not consistent with Section 8 of R.A. 4226 on “Minimum Standards and Construction of a Hospital” which states in part that “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, operating room including work rooms for sterilization, anesthesia preparation, x-ray room, pharmacy, dispensary or out-patient department, delivery room, isolation room, autopsy room or morgue...”. Under the ongoing classification, provision of surgical and ancillary services is not required in Level 1 facilities Thus, a new classification of hospitals and other health facilities becomes inevitable in compliance with statutory requirements and the emergence of new health facilities. The move aims to upgrade the services offered in health facilities and come up with a more homogeneous category for health facilities with similar services. ‘The new classification of Page | of 18 Building ‘San Lazaro Compound, Rizal Avenue, S unk Line 61-78-00 Diret Line: 711-9501 Fax: 743-1829; 743-1786 « URL: hitpslwmw.doh.gov,phs e-mail gseedidoh gov.oh health facilities will simplify licensing systems and processes and make the regulatory scheme more effective and efficient. Related issuances such as, but not limited to, the following, may no longer be relevant and realistic especially on the aspects of manpower and equipment, to wit, Administrative Order (A.0,) No. 70-A s. 2002 entitled “Revised Rules and Regulations Governing the Registration, Licensure and Operation of Hospitals and Other Health Facilities in the Philippines”, A.O. No. 147 s. 2004 and A.O. No. 2005 ~ 0029, which are Amendments to A.O. No. 70-A s. 2002. Thus, this Order rescinds the foregoing issuances in line with the objective of health regulatory reforms to ensure access to safe, quality and affordable health facilities and services, Il, OBJECTIVE These rules and regulations are promulgated to protect and promote the health of the public by ensuring a minimum quality of service rendered by hospitals and other regulated health facilities and to assure the safety of patients and personnel. I1.SCOPE These rules and regulations shall apply to all government and private hospitals and other health facilities DEFINITION OF TERMS AND ACRONYMS For purposes of this Order, the succeeding terms and acronyms shall be defined as follows: 1, Advance Directive ~ refers to treatment preferences and the designation of a surrogate decision-maker in the event that person should become unable to make medical decisions on her or his own behalf. 2. Applicant — the natural or juridical person who is applying for a License to Operate or Certificate of Accreditation of a hospital or any other health facility. 3. Assessment Tool ~ the checklist which prescribes the minimum standards and requirements for licensure or accreditation of health facilities. It is the tool used by regulatory officers and other stakeholders to evaluate compliance of health facilities to DOH standards and technical requirements for safety. This particular tool shall also serve as the Self-Assessment Tool to be used by owners of health facilities prior to inspection or monitoring visits by DOH. 4, Board Certified Physician — a physician who is a Diplomate and/or a Fellow of a medical specialty and/or subspecialty society recognized by the Philippine Medical Association and certified to by the corresponding medical specialty and/or subspecialty board 5. Board Eligible Physician ~ a physician who finished or completed an accredited medical specialty and/or subspecialty residency/fellowship training program which had been approved by the corresponding medical specialty and/or subspecialty board, 6. Bureau of Health Facilities and Services (BHFS) ~ the Bureau of DOH charged with the implementation of these rules and regulations. 7. Center for Health Development (CHD) - the regional health office of DOH. 8. Certificate of Accreditation — refers to the formal authorization issued by DOH to an individual, partnership, corporation or association to operate a health facility. It refers to compliance to standards set for a particular purpose such as, but not limited to, HIV testing, drug testing, water analysis, issuance of medical Page 2 of 18 Y fitness certification to overseas work applicants, and performance of kidney transplant. ‘These standards cover input/structural, process and outcome/output standards. 9. Cattificate of Need (CON) ~ a certificate, issued by CHD for the proposed construction of a new general hospital, which ensures that the facility will be needed at the time of its completion. The certificate is issued to an individual or group intending to build a hospital in order to meet the needs of a community. ‘A CON is a required document prior to the issuance of a DOH-PTC for construction of a new general hospital 10. Dental Section/Clinic — a section/clinic in a hospital or non-hospital based facility with standard dental equipment, instruments and supplies plus all the anesthetic and sterilization apparatus. A dentist, duly licensed by the Professional Regulation Commission (PRC), is the head of the section/clinic capable of providing dental services such as, but not limited to, oral examination, preventive, curative and rehabilitative services. 11, Department of Health (DOH) 12, Department of Health-Permit to Construct (DOH-PTC) — a permit issued by DOH through BHFS to an applicant who will establish and operate a hospital or other health facility, upon compliance with required documents set forth in this, Order prior to the actual construction of the subject facility. A DOH-PTC is also required for hospitals and other health facilities with substantial alteration, expansion, renovation, or increase in the number of beds. It is a prerequisite for LTO. 13, Department/Departmentalized — administrative units in a hospital with a clearly articulated mission that includes education, research and clinical service in the field of medicine, Each clinical department shall meet the membership requirements of the concerned specialty/subspecialty society recognized by the Philippine Medical Association. 14, License to Operate (LTO) — a formal authority issued by DOH to an individual, agency, partnership or corporation to operate a hospital or other health facility. It is a prerequisite for accreditation of a health facility (regulated by BHFS) by any accrediting body recognized by DOH al — a place devoted primarily to the maintenance and operation of health ies for the diagnosis, treatment and care of individuals suffering from illness, disease, injury or deformity or in need of obstetrical or other surgical, medical and nursing care. It shall also be construed as any institution, building or place where there are installed beds, cribs or bassinets for twenty-four hour use or longer by patients in the treatment of diseases. 16. High Risk Pregnancy Unit (HRPU) — a unit in the hospital where women are confined, with complications arising from pregnancy, whose treatment requires constant supervision or further investigation and assessment. The unit is operated by a staff of experts such as, but not limited to, perinatologists, obstetricians, pediatricians, with the assistance, as needed, of other specialists. Itis a fully equipped obstetric ICU that can handle high risk cases and with a corresponding high risk neonatal ICU (NICU) to handle high risk neonates. 17. Intensive Care Unit (ICU) — a hospital unit in which patients requiring close monitoring, continuous attention and intensive/critical care are kept. An ICU contains highly technical monitoring devices and equipment and is staffed by personnel trained to deliver critical care. Page 3 of 18 18. In-Patient Hospital Beds — all hospital beds which are regularly maintained and staffed for the accommodation and full time care of a succession of in-patients. These beds are immediately available for the care of admitted patients who stay for a minimum of twenty-four hours in the hospital. It is situated in wards, or a part of the hospital where continuous medical care for in-patients is provided. It includes beds, occupied and unoccupied, in all general hospitals and specialty hospitals. It refers to counts of ‘available beds’. Counts of hospital beds exclude cots for neonates, day care beds, provisional and temporary beds, beds in storerooms, beds for special purposes such as delivery tables, surgical tables, post-operative recovery beds, emergency room beds, dialysis beds, beds for same day care, beds in nursing and residential care facilities and beds under the sub-classification of other health facilities. 19, Medical Center — a hospital staffed and equipped to care for many patients and for a large number of kinds of diseases and dysfunctions using modern technology. 20. Neonatal Intensive Care Unit (NICU) ~ a hospital unit containing a variety of mechanical devices and special equipment for the management and care of premature/preterm and seriously ill newborns. The unit is staffed by a team of neonatologists, other pediatric subspecialists, and nurses who are highly trained in the management of medical and surgical conditions of the newborn, 21. New Hospital ~ refers to a newly built or constructed hospital. 22. One-Stop Shop (OSS) - a strategy employed by DOH to harmonize the licensure of hospitals and other health facilities including, but not limited to, their ancillary and support servic 23. Philippine Health Insurance Corporation (PhilHealth) 24. Physical Medicine and Rehabilitation Unit - a unit in the hospital headed by a physiatrist, concerned with the maximal restoration or development of physical, psychological, social, occupational and vocational functions in persons whose abilities have been limited by disease, trauma, congenital disorders or pain to enable people to achieve their maximum functional abilities. Physical Medicine and Rehabilitation involves the diagnosis, evaluation, and management of persons of all ages with physical and/or cognitive impairment and disability. 25. Philippine Nuclear and Research Institute (PNRI) - an agency under the Department of Science and Technology that was created by virtue of R.A. 2067 to promote the peaceful uses of atomic energy and promulgate rules and regulations to ensure the safe use and application of radioactive materials in the different fields of application. 26. Respiratory Therapy Unit — a unit in the hospital or other health facility with the necessary equipment needed for the provision of respiratory care. It is headed by a duly licensed physician and staffed by personnel trained in the treatment and care of patients with cardio-pulmonary disorders. 27. Sentinel Event ~ an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof, not related to the natural course of the patient’s illness or underlying condition. The phrase ‘or the risk thereof” includes any process variation for which a recurrence would carry a significant chance of a serious adverse outcome. Examples are, but not jimited to, the following: suicide, rape, unanticipated death of a full-term infant, discharge of an infant to the wrong family, hemolytic transfusion reaction involving administration of blood or blood products having major blood group incompatibilities, surgery on the wrong patient or wrong body part, unintended retention of a foreign object in a patient after surgery or other procedure, near miss, medication errors. Sentinel events signal the need for immediate investigation and response. a Page 4 of 18 v. 28. Trauma-Capable Facility - a DOH licensed hospital equipped to provide comprehensive emergency medical services to patients suffering from traumatic, injuries. It is able to handle any level of severity of trauma and has a trauma surgeon on-site 24/7 and an operating room ready at all times for trauma cases. 29, Trauma-Receiving Facility - a DOH licensed hospital equipped to evaluate, treat, and transport severely injured people to appropriate trauma capable hospitals. IMPLEMENTING MECHANISMS A. GENERAL GUIDELINES 1. All hospitals duly licensed by DOH shall be deemed automatically accredited by PhilHealth as Centers of Safety in accordance with A.O. No. 2011-0020 entitled “Streamlining of Licensure and Accreditation of Hospitals”. 2. All hospitals shall provide basic hospital functions such as, but not limited to, acute medical and surgical services, anesthesia services, emergency and outpatient services, nursing service, dental service, with common diagnostic and support units as pathology, radiology, and pharmacy. 3. All hospitals and other health facilities shall adhere and ensure strict compliance to infection control and surveillance practices. 4, All hospitals and other health facilities shall have non-medical support such as, but not limited to, administrative and finance section, medical records section, information management, dietary (for in-patients) services, facility management and maintenance, waste management and security services. 5. All hospitals and other health facilities shall establish a referral network within the vicinity of their facilities to provide for services where they are not capable to render. 6. The name of the institution shall be compatible with the functional capacity of the health facility. All health facilities regulated by DOH applying for Securities and Exchange Commission (SEC) and/or Department of Trade and Industry (DTI) registration shall undergo clearance from BHFS. (Example: A clinic cannot be called a medical center under these rules and regulations.] 7. Health facility owners shall strictly follow the standards, criteria and requirements prescribed in the Assessment Tool for licensure or accreditation of health facilities subject to the provisions of Rule [X hereof. 8. All DOH licensed hospitals shall follow A.O. No. 2011 — 0020 on “Streamlining of Licensure and Accreditation of Hospitals”, A.O. No. 2007 - 0021 regarding “Harmonization and Streamlining of the Licensure System for Hospitals”, this Order and other policy guidelines and/or related issuances. 9. All DOH licensed non-hospital based health facilities subject to the provisions of other Administrative Orders shall follow the appropriate health facility issuance, this Order and other policy guidelines and/or related issuances. & Page $ of 18 \ 1 SPECIFIC GUIDELINES CLASSIFICATION OF HOSPITALS .. ACCORDING TO OWNERSHIP 1. Government — created by law. A government health facility may be under the national government, DOH, Local Government Unit (LGU), Department of National Defense (DND), Philippine National Police (PNP), Department of Justice (DON), State Universities and Colleges (SUCs), Government Owned and Controlled Corporations (GOCC) and others. 2. Private - owned, established and operated with funds through donation, principal, investment or other means by any individual, corporation, association or organization, A private health facility may be a single proprietorship, partnership, corporation, cooperative, foundation, religious, non-government organization and others. ACCORDING TO SCOPE OF SERVICES 1. General ~ a hospital that provides services for all kinds of illnesses, diseases, injuries or deformities. A general hospital shall provide medical and surgical care to the sick and injured, maternity, newborn and child care. It shall be equipped with the service capabilities needed to support board certified/eligible medical specialists and other licensed physicians rendering services in, but not limited to, the following: a. Clinical Services 1. Family Medicine; 2. Pediatrics; 3. Internal Medicine; 4, Obstetrics and Gynecology; 3. Surgery; b. Emergency Services; Outpatient Services; 4. Ancillary and Support Services such as, clinical laboratory, imaging facility and pharmacy. 2. Specialty — a hospital that specializes in a particular disease or condition or in one type of patient. A specialized hospital may be devoted to treatment of any of the following: a, Treatment of a particular type of illness or for a particular condition requiring a range of treatment. Examples of these hospitals are Philippine Orthopedic Center, National Center for Mental Health, San Lazaro Hospital, a hospital dedicated to the treatment of cancer. b. Treatment of patients suffering from diseases of a particular organ or groups of organs. Examples of these hospitals are Lung Center of the Philippines, Philippine Heart Center, National Kidney and Transplant Institute, a hospital dedicated to treatment of eye disorders. Page 6 of 18 \e

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