Professional Documents
Culture Documents
Lesson 5: Nature of The Clinical Laboratory
Lesson 5: Nature of The Clinical Laboratory
Laws on the Operation, Maintenance, and SECTION 4. Any person, firm or corporation who
Registration of Clinical Laboratories in the PH violates any provisions of this Act or the rules and
regulations issued thereunder by the Secretary of
Republic Act No. 4688
Health shall be punished with imprisonment for not
AN ACT REGULATING THE OPERATION AND less than one month but not more than one year, or
MAINTENANCE OF CLINICAL LABORATORIES AND by a fine of not less than one thousand pesos nor
REQUIRING THE REGISTRATION OF THE SAME WITH more than five thousand pesos, or both such fine
THE DEPARTMENT OF HEALTH, PROVIDING and imprisonment, at the discretion of the court.
PENALTY FOR THE VIOLATION THEREOF, AND FOR
SECTION 5. If any section or part of this Act shall be
OTHER PURPOSES
adjudged by any court of competent jurisdiction to
SECTION 1. Any person, firm or corporation, be invalid, the judgment shall not affect, impair, or
operating and maintaining a clinical laboratory in invalidate the remainder thereof.
which body fluids, tissues, secretions, excretions
SECTION 6. The sum of fifty thousand pesos, or so
and radioactivity from beings or animals are
mush thereof as may be necessary, is hereby
analyzed for the determination of the presence of
authorized to be appropriated, out of any funds in
pathologic organisms, processes and/or conditions
the National Treasury not otherwise appropriated,
in the persons or animals from which they were
to carry into effect the provisions of this Act.
obtained, shall register and secure a license
annually at the office of the Secretary of Health: SECTION 7. All Acts or parts of Acts which are
provided, that government hospital laboratories inconsistent with the provisions of this Act are
doing routine or minimum laboratory examinations hereby repealed.
shall be exempt from the provisions of this section if
SECTION 8. This Act shall take effect upon its
their services are extensions of government
approval.
regional or central laboratories.
Approved: June 18, 1966
SECTION 2. It shall be unlawful for any person to be
professionally incharge 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 annually. 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
ADMINISTRATIVE ORDER No. 59 series 2001
paragraph.
Section 1: Title
RULES AND REGULATION GOVERNING THE and cervical cancer screening, provided their
ESTABLISHMENT, OPERATION AND MAINTENANCE services are declared as extension of a licensed
OF CLINICAL LABORATORIES IN THE PHILIPPINES government clinical laboratory.
b. Secondary – provides the minimum The following are the documents required:
service capabilities of a primary category and the
a. Letter of Application to the Director of
following:
BHFS
(1) Routine Clinical Chemistry – includes
b. Four (4) sets of Sited Developmental
Blood Glucose Substance Concentration, Blood Urea
Plans and Floor Plans approved by an architect
Nitrogen Concentration, Blood Uric Acid Substance
and/or Engineer.
Concentration, Blood Creatinine Concentration,
Blood Total Cholesterol Concentration c. DTI/SEC Registration (for private clinical
laboratory)
c. Tertiary – provides the secondary service
capabilities and the following: 2. Application for new license
(1) Special Chemistry A duly notarized application form “Petition
to Establish, Operate and Maintain a Clinical
(2) Special Hematology
Laboratory”, shall be filed by the owner or his duly
(3) Immunology/Serology authorized representative at the BHFS.
d. All fees shall follow the current The license shall be issued by the Director
prescribed schedule of fees of the DOH. of the CHD or his authorized representative, if the
application is found to be meritorious.
5. Penalties
9. Terms and conditions of License
a. A penalty of one thousand pesos
(P1,000.00) for late renewal shall be charged in a. The license is granted upon compliance
addition to the renewal fee for all categories if the with the licensing requirements.
application is filed during the next two (2) months b. The license is non–transferable.
after expiry date.
c. The owner or authorized representative
b. An application received more than two of any clinical laboratory desiring to transfer a
(2) months after expiry date shall be fined one licensed clinical laboratory to another location shall
hundred pesos (P100.00 for each month thereafter inform the CHD in writing at least 15 days before
in addition to the P1,000.00 penalty. actual transfer.
6. Inspection d. The laboratory in its new location shall be
a. Each license shall make available to the subject to re–inspection and shall comply with the
Director of the BHFS/CHD or his duly authorized licensing requirements.
representative(s) at any reasonable time, the e. An extension laboratory shall have a
premises and facilities where the laboratory separate license.
examinations are being performed for inspection.
f. Any change affecting the substantial
conditions of the license to operate a laboratory
shall be reported within 15 days in writing by the
person(s) concerned, to the BHFS/CHD for notation person(s), without prejudice to taking the case to
and approval. Failure to do so will cause the judicial authority for criminal action.
revocation of the license of the clinical laboratory.
2. Any person who operated a clinical
g. The clinical laboratory license must be laboratory without the proper license from the
placed in a conspicuous location/area within the Department of Health shall upon conviction be
laboratory. subject to imprisonment for not less than 1 month
but not more 1 year or a fine of not less than
Section 8. Violations
P1,000.00 and not more than P5,000.00 and not
1. The license to operate a clinical more than P5,000.00 or both at the discretion of
laboratory shall be suspended or revoked by the the court. Provided, however, that if the offender is
Secretary of Health upon violation of R.A. 4688 or a firm or corporation, the Managing Head and/or
the Rules and Regulations issued in pursuance owner/s thereof shall be liable to the penalty
thereto. imposed herein.
2. The following acts committed by the 3. Any Clinical Laboratory operating without
Owner, President, Managers, Board of a valid license or whose license has been
Trustees/Director, Pathologist or its personnel are revoked/cancelled shall be summarily closed upon
considered violations order issued by the BHFS/CHD or his duly
authorized representative. The BHFS/CHD may seek
a. Operation of a clinical laboratory without the assistance of the law enforcement agency to
a certified pathologist or without a registered enforce the closure of any clinical laboratory.
medical technologist.
4. The closure order issued by the DOH shall
b. Change of ownership, location, head of not be rendered ineffective by any restraining order
laboratory or personnel without informing the BHFS and injunction order issued by any court, tribunal or
and/or the CHD. agency or instrumentalities.
3. The Provincial, City and Municipal Health Section 10. Modification and Revocation of License
Officers are authorized to report to the CHD and
BHFS the existence of unlicensed clinical 1. A license maybe revoked, suspended or
laboratories or any private party performing modified in full or in part for any materially false
laboratory examinations without proper license statement by the applicant, or as shown by the
and/or violations to these rules and regulations. record of inspection or for a violation of, or failure
to comply any of the terms and conditions and
Section 9. Investigation of Charges or Complaints provisions of these rules and regulations.
The BHFS/CHD or his duly authorized 2. No license shall be modified, suspended
representative(s) shall investigate the complaint or revoked unless prior notice has been made and
and verify if the laboratory concerned or any of its the corresponding investigation conducted except
personnel is guilty of the charges. in cases of willful, or repeated violations hereof, or
1. If upon investigation, any person is found where public health interest or safety requires
violating the provision of R.A. 4688, or any of these otherwise.
rules and regulations, the BHFS/CHD or his duly Section 11: Repealing Clause
authorized representative(s) shall suspend, cancel
or revoke for a determined period of time the These rules and regulations shall supersede
license, as well as the authority of the offending all other previous official issuances hereof.
Section 12. Publication and List of Licensed Clinical technologist per shift to cover the
Laboratories laboratory operation.
A list of licensed clinical laboratories shall 3. There shall be staff development and
be published annually in a newspaper of general appropriate continuing education program available
circulation. at all levels of organization to upgrade the
knowledge, attitudes and skills of staff.
Section 13. Effectivity
II. PHYSICAL FACILITIES
These rules and regulations shall take effect
15 days after its publication in the Official Gazette, 1. The clinical laboratory shall be well–
or in a newspaper of general circulation. ventilated, adequately lighted, clean and safe.