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Under the implementing rules and regulations of Republic Act 9165 Comprehensive Dangerous Drugs Act of 2002, a residential drug abuse treatment and rehabilitation center is defined as a health facility that provides comprehensive rehabilitation services utilizing, among others, any of the accepted modalities, namely, multidisciplinary team approach, therapeutic community approach and/or spiritual services towards the rehabilitation of a drug dependent. However, in consideration of the fact that this health facility provides health services for twenty-four hours or more, it satisfies the definition of a hospital under Republic Act No. 4226 Hospital Licensure Act, which defined a hospital 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, 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 may be designated.

The classification of hospitals under the implementing rules and regulations for Republic Act No. 4226, embodied in Administrative Order No. 147, s. 2004, has recently been revised with the issuance of Administrative Order No. 2005-0029. Under Administrative Order No. 2005-0029, general hospitals were defined as those that provide services for all types of deformity, disease, illness or injury, while special hospitals were defined as those that are primarily engaged in the provision of specific clinical care and management. The nature of services being provided by residential drug abuse treatment and rehabilitation centers satisfies the definition of a special hospital.

In consideration of the foregoing provisions of existing laws and administrative issuances, residential drug abuse treatment and rehabilitation centers shall henceforth be classified as special hospitals. However, the regulation of these health facilities shall be in accordance with the provisions of the current implementing rules and regulations of R.A. 9165, including accreditation standards, requirements and regulatory procedures.

In addition, Administrative Order No. 2005-0029 also revised the requirements for the issuance of permit to construct (PTC) and license to operate (LTO) for all hospitals. However, with the implementation of Administrative Order No. 2006-0029 Guidelines for Rationalizing the Health Care Delivery System Based on Health Needs, Administrative Order No. 2006-0004 Guidelines for the Issuance of Certificate of Need to Establish a New Hospital and Administrative Order No. 2006-0004-A, the following additional regulations are hereby set for the issuance of permit to construct (PTC) and license to operate (LTO) for the upgrading, renovation, and expansion of existing governmental hospitals.

1. Applications for PTC and LTO submitted by all existing government hospitals for hospital upgrading, expansion or renovation shall be approved only if the proposed upgrading, expansion or renovation of the same is in accordance with the Strategic Plan for the Rationalization of the Local Health Care Delivery System Based on Health Needs, provided that such a plan is already available and it has been approved for implementation by the Sangguniang Panglalawigan (for provinces) or by the Sangguniang

Panglungsod (for chartered cities). If the hospital is located in a chartered city, the City Strategic Plan shall apply. If the hospital is located in any component city or municipality of the province, the Provincial Strategic Plan shall apply.

2. The Department of National Defense hospitals, penitentiary hospitals, and other hospitals owned or managed by other national agencies shall be exempted from this requirement.

Repealing Clause

Provision s from previous issuances that are inconsistent or contrary to the provisions of this Order are hereby rescinded and modified accordingly. In the event that any provision or part of this Order be declared unauthorized or rendered invalid by any court of law or competent authority, those provisions not affected by such declaration shall remain valid and effective.

Effectivity

This Order shall take effect fifteen (15) days after its approval and publication in the Official Gazette or newspaper of general circulation.

Adopted: 12 Jan. 2009

 

(SGD.) FRANCISCO T. DUQUE III, M.D., M.Sc.
Secretary of Health