By Charissa Luci-Atienza
The House Committee on Health is “considering" to regulate spa, wellness, and aesthetic centers, citing the cases of individuals who died after availing services from them.
(MANILA BULLETIN FILE PHOTO)
At yesterday’s technical working meeting on measures seeking to modernize the regulation of health facilities and services, Quezon Rep. Angelina Tan, chairman of the panel, said spa, wellness and aesthetic centers should be regulated to ensure public health and safety.
“Sometimes, spa and wellness centers are giving glutathione injections. Do they have license to operate or just a permit from LGUs?,” Tan asked.
Doctor Mary Jane Paez, Medical Specialist IV of the Health Facilities and Services regulatory Bureau (HFSRB) of the Department of Health (DOH) said the spa centers and wellness clinics only secured business permits from the local government units (LGUs).
“What’s your direction? Don’t you think you should cover them?,” Tan said.
Paez cited the possibility that those spa and wellness will be covered soon.
“Probably, it will be regulated later on,” she said, citing that the Philippine Institute for Alternative Health Care (PHITAC) can keep an eye on them.
She explained that spa and wellness centers are classified under “western medicine”.
“Can we expound on it so that we can cover it?,” Tan said. “Who is responsible for this facility? They just got business permit from the LGUs. We have to look into this because it involves health risk,” the House leader said, citing the case of a woman who died after undergoing the liposuction procedure.
Paz said once the Republic Act 11223 or the “Universal Health Care (UHC) Law” is implemented, all private clinics will be regulated, including clinics offering skin care and glutathione services.
“We need more power to regulate because the FDA (Food and Drug Administration), even with their law, they are not allowed to enter the salon to check their products. They are also having problems,” she said.
The TWG panel tackled yesterday the unnumbered substitute bill, which seeks to repeal Republic Act 4226, otherwise known as the “Hospital Licensure Act.”
Under the substitute bill, the Health Facilities and Services Regulatory Bureau (HFSRB) shall be renamed as the Bureau of Health Facilities and Services (BHFS), which shall be created in the DOH.
The Bureau, which shall be under the Office of the DOH Secretary, is mandated to promulgate, establish and prescribe rules, regulations, standards, requirements and specifications in the construction and operation of health facilities and impose penalties for violations.
The BHFS is also expected to inspect all health facilities and services, and monitor and conduct surveillance of health facilities and services.
Under the bill, the Bureau is also mandated to review and approve construction designs and plans for all health facilities and to determine levy, assess and collect the appropriate permit, registration and license fees and surcharges pertinent to the operation of facilities and services.
The bill authorizes the BHFS to investigate, hear, and decide administrative cases initiated by the Bureau or filed by any person against a health facility or health service establishment violating any provision of the proposed Act. The Bureau shall also exercise contempt powers and impose appropriate penalties, it said.
The proposed Health Facilities and Services Regulation Act provides that all health facilities shall be licensed by the Bureau, in accordance with Republic Act No. 11032 or the "Ease of Doing Business Act", before such facilities are allowed to operate or be opened to the public.
The initial license to operate and maintain a health facility or other related facility shall be valid for a period of three years from its date of issuance, and shall be renewed regularly, subject to the rules and regulations to be issued by the Bureau.
The Bureau, after conducting an administrative hearing, may suspend or revoke the license to operate and maintain a health facility or service of any person, partnership, corporation or association.
Any person, partnership, association or corporation who establishes, operates, conducts, manages or maintains a health facility or other related facility without first obtaining a license or violates any provision of the proposed Act or its implementing rules and regulations shall pay a fine ranging from P50,000 to P100,000 for the first offense; P100,000 to P500,000 for the second offense; P500,000 to P1 million for the third and subsequent offenses.
After the third offense, the license of the hospital shall be revoked.
Under the bill, the Bureau may summarily order the closure of any health facility or other related facility found operating without a license or revoke the license to operate of any health facility or other related facility after due process.
Facilities may only re-apply for a new LTO one year after revocation of its license.
The current appropriations of the DOH under the General Appropriations Act shall be used to carry out the initial implementation of the proposed Act. Thereafter, such sums as maybe necessary for the continued implementation of the proposed Act shall be included in the succeeding GAA.
The bill mandates the Secretary of Health, to issue the implementing rules and regulations of the proposed Act within 90 days from its effectivity.
(MANILA BULLETIN FILE PHOTO)
At yesterday’s technical working meeting on measures seeking to modernize the regulation of health facilities and services, Quezon Rep. Angelina Tan, chairman of the panel, said spa, wellness and aesthetic centers should be regulated to ensure public health and safety.
“Sometimes, spa and wellness centers are giving glutathione injections. Do they have license to operate or just a permit from LGUs?,” Tan asked.
Doctor Mary Jane Paez, Medical Specialist IV of the Health Facilities and Services regulatory Bureau (HFSRB) of the Department of Health (DOH) said the spa centers and wellness clinics only secured business permits from the local government units (LGUs).
“What’s your direction? Don’t you think you should cover them?,” Tan said.
Paez cited the possibility that those spa and wellness will be covered soon.
“Probably, it will be regulated later on,” she said, citing that the Philippine Institute for Alternative Health Care (PHITAC) can keep an eye on them.
She explained that spa and wellness centers are classified under “western medicine”.
“Can we expound on it so that we can cover it?,” Tan said. “Who is responsible for this facility? They just got business permit from the LGUs. We have to look into this because it involves health risk,” the House leader said, citing the case of a woman who died after undergoing the liposuction procedure.
Paz said once the Republic Act 11223 or the “Universal Health Care (UHC) Law” is implemented, all private clinics will be regulated, including clinics offering skin care and glutathione services.
“We need more power to regulate because the FDA (Food and Drug Administration), even with their law, they are not allowed to enter the salon to check their products. They are also having problems,” she said.
The TWG panel tackled yesterday the unnumbered substitute bill, which seeks to repeal Republic Act 4226, otherwise known as the “Hospital Licensure Act.”
Under the substitute bill, the Health Facilities and Services Regulatory Bureau (HFSRB) shall be renamed as the Bureau of Health Facilities and Services (BHFS), which shall be created in the DOH.
The Bureau, which shall be under the Office of the DOH Secretary, is mandated to promulgate, establish and prescribe rules, regulations, standards, requirements and specifications in the construction and operation of health facilities and impose penalties for violations.
The BHFS is also expected to inspect all health facilities and services, and monitor and conduct surveillance of health facilities and services.
Under the bill, the Bureau is also mandated to review and approve construction designs and plans for all health facilities and to determine levy, assess and collect the appropriate permit, registration and license fees and surcharges pertinent to the operation of facilities and services.
The bill authorizes the BHFS to investigate, hear, and decide administrative cases initiated by the Bureau or filed by any person against a health facility or health service establishment violating any provision of the proposed Act. The Bureau shall also exercise contempt powers and impose appropriate penalties, it said.
The proposed Health Facilities and Services Regulation Act provides that all health facilities shall be licensed by the Bureau, in accordance with Republic Act No. 11032 or the "Ease of Doing Business Act", before such facilities are allowed to operate or be opened to the public.
The initial license to operate and maintain a health facility or other related facility shall be valid for a period of three years from its date of issuance, and shall be renewed regularly, subject to the rules and regulations to be issued by the Bureau.
The Bureau, after conducting an administrative hearing, may suspend or revoke the license to operate and maintain a health facility or service of any person, partnership, corporation or association.
Any person, partnership, association or corporation who establishes, operates, conducts, manages or maintains a health facility or other related facility without first obtaining a license or violates any provision of the proposed Act or its implementing rules and regulations shall pay a fine ranging from P50,000 to P100,000 for the first offense; P100,000 to P500,000 for the second offense; P500,000 to P1 million for the third and subsequent offenses.
After the third offense, the license of the hospital shall be revoked.
Under the bill, the Bureau may summarily order the closure of any health facility or other related facility found operating without a license or revoke the license to operate of any health facility or other related facility after due process.
Facilities may only re-apply for a new LTO one year after revocation of its license.
The current appropriations of the DOH under the General Appropriations Act shall be used to carry out the initial implementation of the proposed Act. Thereafter, such sums as maybe necessary for the continued implementation of the proposed Act shall be included in the succeeding GAA.
The bill mandates the Secretary of Health, to issue the implementing rules and regulations of the proposed Act within 90 days from its effectivity.