ADDENDUM TO ADMINISTRATIVE ORDER NO. 2005-0029 ENTITLED AMENDMENT TO ADMINISTRATIVE ORDER NO. 147, S. 2004: AMENDING ADMINISTRATIVE ORDER NO. 70-A S. 2002 RE: REVISED RULES AND …

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