REPUBLIC ACT NO. 4688 Flashcards
Laban mhiee kaya mo ito T _ T
It is an act Regulating the Operation and Maintenance of Clinical Laboratoriesand Requiring the Registration of the Same with the Department of Health, Providing Penalty for the Violation Thereof, and for Other Purposes.
REPUBLIC ACT NO. 4688
How many sections does RA No. 4688 have?
8 sections
RA No. 4688 Date of Approval:
June 18, 1966
4 Implementing Rules and Regulations:
✓ Administrative Order (A.O.) 201 series of 1973 (October 26, 1973)
✓ A.O. 49-B series of 1988 (October 25, 1988)
✓ A.O. 59 series of 2001(November 19, 2001)
✓ A.O. 2007-0027 (August 22, 2007)
DATE OF APPROVAL:
- Administrative Order (A.O.) 201 series of 1973
(October 26, 1973)
DATE OF APPROVAL:
- A.O. 49-B series of 1988
(October 25, 1988)
DATE OF APPROVAL:
- A.O. 59 series of 2001
(November 19, 2001)
DATE OF APPROVAL:
A.O. 2007-0027
(August 22, 2007)
What section?(4688)
- Any person, firm or corporation, operating and maintaining a clinical laboratory in which body fluids, tissues, secretions, excretions and radioactivity from beings or animals are analyzed for the determination of the presence of pathologic organisms, processes and/or conditions in the persons or animals from which they were obtained, SHALL REGISTER AND SECURE A LICENSE ANNUALLY AT THE OFFICE OF THE SECRETARY OF HEALTH.
SECTION 1
What section? (RA 4688)
- Provided, that GOVERNMENT HOSPITAL LABORATORIES doing routine or minimum laboratory examinations SHALL BE EXEMPT from the provisions of this section if their services are extensions of government regional or central laboratories.
SECTION 1
WHAT SECTION?(RA 4688)
- It shall be unlawful for any person to be professionally in-charge of a registered clinical laboratory unless he is a licensed physician duly QUALIFIED IN LABORATORY MEDICINE and AUTHORIZED BY THE SECRETARY OF HEALTH, such authorization to be RENEWED ANNAULLY.
- No license shall be granted or renewed by the Secretary of Health for the operation and maintenance of a clinical laboratory unless such laboratory is under the administration, direction and supervision of an authorized physician, as provided for in the preceding paragraph.
SECTION 2
WHAT SECTION? (RA No. 4688)
- The SECRETARY OF HEALTH, through the BUREAU OF RESEARCH AND LABORATORIES shall be charged with the responsibility of strictly enforcing the provisions of this Act and SHALL BE AUTHORIZED TO ISSUE SUCH RULES AND REGULATIONS as may be necessary to carry out its provisions.
SECTION 3
WHAT SECTION? (RA No. 4688)
- Any person, firm or corporation who VIOLATES ANY PROVISION OF THIS ACT or the rules and regulations issued thereunder by the Secretary of Health shall be punished with IMPRISONMENT for not < 1 MONTH BUT NOT > 1 YEAR, or by a fine of NOT < 1,000.00 pesos nor > 5,000.00 pesos, or both such fine and imprisonment, at the discretion of the court.
SECTION 4
SECTION 4 (RA No. 4688)
* Any person, firm or corporation who VIOLATES ANY PROVISION OF THIS ACT shall be punished with IMPRISONMENT for not ______________________or by a
fine of ___________________ or both such fine and imprisonment, at the discretion of the court.
NOT < 1 MONTH but NOT > 1 YEAR
NOT < 1,000.00 pesos nor > 5,000.00 pesos
WHAT SECTION? (RA No. 4688)
* If any section or part of this Act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof.
SECTION 5
WHAT SECTION ? (RA No. 4688)
- The SUM OF FIFTY THOUSAND PESOS (50, 000), or so much thereof as may be necessary, is hereby authorized to be appropriated, OUT OF ANY FUNDS IN THE NATIONAL TREASURY not otherwise appropriated, to carry into effect the
provisions of this Act.
SECTION 6
WHAT SECTION? (RA No. 4688)
- All Acts or parts of Acts which are INCONSISTENT with the provisions of this
Act are hereby REPEALED.
SECTION 7
SECTION 7 (RA No. 4688)
* All Acts or parts of Acts which are ___________with the provisions of this
Act are hereby ______________.
INCONSISTENT
REPEALED
WHAT SECTION? (RA No. 4688)
* This Act shall take effect upon its approval.
SECTION 8
How many sections does A.O. 201 series of 1973 have?
24 sections
Date of Approval: October 26, 1973
A.O. 201 series of 1973
WHAT SECTION? (A.O. 201 series of 1973)
- (Purpose and Title): Revised Rules and Regulations Governing the Registration, Operations and Maintenance of Clinical Laboratories in the Philippines
SECTION 1
WHAT SECTION? (A.O. 201 series of 1973)
- (Scope): Laboratories solely used for ACADEMIC TRAINING OR FOR PURELY RESEARCH ACTIVITIES ARE EXEMPTED
SECTION 2
WHAT SECTION? (A.O. 201 series of 1973)
- (Basic License Requirements): SUBMIT TO SECRETARY, THROUGH BRL, SWORN APPLICATION with the ff:
1. Name, citizenship and domicile of the head of the laboratory;
2. Place, municipality and province where it is to be established;
3. Name of establishment
4. Name, citizenship and domicile of the owner
5. Scope and nature of work to be undertaken
6. Statement that applicant has complied with all business requirements
under other existing laws or ordinances that are necessary in
pursuance of the activity for which a license is herein applied for
7. A tax clearance for the preceding year - An inspector from BRL will inspect the lab within 60 days, and verify if the
requirements have been met.
SECTION 3: (Basic License Requirements)
WHAT SECTION? (A.O. 201 series of 1973)
* (Fees): P100.00 per license payable to BRL
* Renewal: within last TWO MONTHS of each year upon payment of P50.00
* Grace Period: 2 months (P10.00 fine) All government labs are exempted
from fees
SECTION 4
WHAT SECTION? (A.O. 201 series of 1973)
* No lab is permitted to operate without proper license
SECTION 5
WHAT SECTION? (A.O. 201 series of 1973)
* No person is permitted to manage, administer, or supervise a clin lab unless
he/she is an authorized licensed physician qualified in laboratory medicine
SECTION 6
WHAT SECTION? (A.O. 201 series of 1973)
* (Definition of Terms):
a. Clinical Laboratories (Clinical Pathology, Anatomical Pathology, Forensic Pathology)
b. Head/Chief/Director/In-charge (licensed and authorized pathologist or
physician with training in lab medicine)
c. Personnel (Associate Pathologist, Pathology Assistant, Medical Technologist, Laboratory Technicians, Laboratory Aides)
d. Equivalents (substitute equipment, supplies and materials)
SECTION 7
WHAT SECTION? (A.O. 201 series of 1973)
- (Interpretations): ONLY WRITTEN INTERPRETATIONS BY SECRETARY OF HEALTH AND JUSTICE will be recognized
SECTION 8
WHAT SECTION? (A.O. 201 series of 1973)
- Owner or authorized representative must file the application with the use of
sworn “Petition to Establish, Operate and Maintain a Clinical Laboratory”
and physician-signed “Information Sheet
SECTION 9
WHAT SECTION? (A.O. 201 series of 1973)
- (Terms and Conditions of License): License is not transferable
Laboratories transferring to a new location or having a change in ownership
shall inform in writing the BRL within 15 DAYS after the transfer has been
completed - Failure: revocation
SECTION 10
WHAT SECTION? (A.O. 201 series of 1973)
- (Requirements for a Clin Lab):
A. PERSONNEL: HEAD and at least ONE medical technologist
> Pathologists/Associate can only supervise a max of 4 clin lab
and/or blood banks contiguously located in a particular area
> Licensed physician can only supervise one laboratory
B. PHYSICAL PLAN :
> Separate from any commercial or non–medical establishment or
residential quarters.
> Working space must correlate capacity of hospital
> Adequate physical provisions
o If needed, sleeping quarters
> Lab space cannot be used as bleeding area or reception rooms for a blood bank
C. MINIMUM EQUIPMENT AND APPARATUSES
> Routine Tests, Routine Blood Chemistry, Special Biochemistry and Serology, Bacteriology, Mycology, Parasitology, Anatomic Pathology, Radioisotope Examinations
SECTION 11 (REQUIREMENTS FOR A CLINICAL LABORATORY)
WHAT SECTION? (A.O. 201 series of 1973)
* (Reporting)
-All laboratory requests shall be considered as consultations between the requesting physician and the pathologist of the laboratory.
* Reports shall NOT BE ISSUED ORALLY IN WRITING, or IN PORTIONS WITHOUT THE ACTUAL SIGNATURE ODF THE PATHOLOGIST.
SECTION 12: (REPORTING)
WHAT SECTION? (A.O. 201 series of 1973)
* (Recording)
- All requests and reports shall be kept on file for at least one
year provided a duplicate copy is on file for the patient’s medical records.
* Records of anatomic and forensic pathology should be kept permanently in
the laboratory.
SECTION 13 (RECORDING)
WHAT SECTION? (A.O. 201 series of 1973)
- (Laboratory Fees)
- The rate of laboratory fees to be charges by clinical
laboratory for examination shall be within the range of the usual fees prevailing at the time and particular place taking into consideration costs of
production and quality control of various laboratory procedures. Professional services rendered to the patient in the performance of special procedure of
examination shall be treated separately and not included in the laboratory fee.
SECTION 14 : (LABORATORY FEES)
WHAT SECTION? (A.O. 201 series of 1973)
* (Publicity): Only the name of the laboratory, address, telephone number of the laboratory, pathologists and assistants and field of work covered by the licensure shall appear on the letterhead and other information media.
* No laboratory shall make advertisement on medical pad, fictitious and unproven claim misleading statements and to advocate directly or by any means of subterfuge unreliable and inconclusive laboratory procedures which
may prove detriment to patient care.
SECTION 15: (PUBLICITY)
WHAT SECTION? (A.O. 201 series of 1973)
* (Exhibition of Certificate of Approval and License and Rules and Regulations):
The license of the clinical laboratory must be placed in a
conspicuous place within the laboratory. The physician–in–charge must likewise place his or her license and authority together with his certificate of proficiency in the specialty in a prominent place in the laboratory. A copy of the rules and regulations should be readily available for guidance of all staff
and personnel in the laboratory.
SECTION 16: (EXHIBITION OF CERTIFICATE OF APPROVAL AND LICENSE AND RULES AND REGULATIONS
WHAT SECTION? (A.O. 201 series of 1973)
* (Expiration): Each specific license shall expire on the last day of DECEMBER of the year stated therein, including the authorization given to the Head, Director or Physician–in–charge of the clinical laboratory.
SECTION 17: (EXPIRATION)
WHAT SECTION? (A.O. 201 series of 1973)
* (Renewal): Application for renewal of license shall be filed in accordance with the preceding Section 3 & 4. The Bureau of Research and Laboratories shall process applications for license or renewal immediately upon receipt thereof, provided, however, that such clinical laboratory may continue operation during the pendency of the final action of their applications unless otherwise or ordered or advised by the Secretary of Health to cease operation.
SECTION 18: (RENEWAL)
WHAT SECTION? (A.O. 201 series of 1973)
* (Inspection): Secretary of Health or his representative
SECTION 19: INSPECTION: SECRETARY OF HEALTH OR HIS REPRESENTATIVE
WHAT SECTION? (A.O. 201 series of 1973)
* (Quality Control Test): Director of BRL or his representative
SECTION 20: (QUALITY CONTROL TEST)
WHAT SECTION? (A.O. 201 series of 1973)
* (Modification and Revocation of Licenses)
SECTION 21: (MODIFICATION AND REVOCATION OF LICENSES)
WHAT SECTION? (A.O. 201 series of 1973)
* (Investigation of Charges or Complaint)
* Upon the filling of a complaint or charges duly sworn by any person interested party or corporation, against a clinical laboratory or any of its personnel to the effect that one or more of such personnel of an approved laboratory have
violated or are violating R.A. no. 4688 or the provisions of these regulations, the Secretary of Health or his duly authorized representatives shall investigate the complaint or charge and verify if the laboratory concerned or any of its
personnel is guilty of the charges. If upon investigations, a person or persons are found violating the provision of R.A. No. 4688 or any of these regulations, the Secretary of Health shall cancel or revoke for a definite or indefinite period of time the license of the laboratory and the authority of the offending person or persons, without prejudice to taking the case to judicial authorities for
criminal action
SECTION 22: (INVESTIGATION OF CHARGES OR COMPLAINT)
WHAT SECTION? (A.O. 201 series of 1973)
* (Violations)
o Imprisonment for not less than 1 month and not more than 1 year
o Fine of not P5,000.00
o Or both
SECTION 23: (VIOLATIONS)