The Ordinance that defines the technical requirements and procedure for obtaining a declaration of conformity of public health units was amended
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SubscribeThe regime that establishes the requirements for the opening and operation of health care units owned by public legal persons, among others, and clarifies the procedure for obtaining the declaration of compliance for these units, was amended through Ordinance No. 450/2025/1, of 19 December.
With the entry into force of Decree-Law No. 127/2014, it was determined that the verification of the technical requirements for the operation of establishments owned by public legal persons would be carried out by means of a declaration of compliance.
Ordinance No. 237/2024/1 then defined the procedure applicable to obtaining the declaration of conformity by public health care establishments and the technical operating requirements for the establishments concerned.
Regarding the procedure for obtaining a declaration of conformity, the legislator had defined an exhaustive list of typologies subject to the simplified procedure in paragraph 2 of article 3, and determined that the remaining typologies not covered by this list would be subject to the ordinary procedure.
This issue has now been corrected to be more articulated with what results from Decree-Law 127/2014, creating the same "escape valve" that existed in the general regime. Thus, it is now foreseen that the simplified procedure also applies to typologies other than those included in this list, as determined in the respective ordinances. In turn, it is clarified that the ordinary procedure applies to those typologies that are not covered by the simplified procedure, instead of being determined by means of "exclusion of parts" from the previous list of typologies provided for in paragraph 2 of article 3.
With regard to the technical requirements, the legislator had chosen to determine that the technical requirements applicable to establishments owned by public legal persons would be "the same as those established in specific diplomas, namely for private health units" (art. 2). Here too, the new Ordinance brings improvements to the legislative text, determining instead that the requirements are established in specific diplomas, defined by ordinance of the member of the Government responsible for the health area.
In short, although the new Ordinance does not introduce substantial changes to the process of obtaining a declaration of conformity or to the technical requirements applicable to public health units, it represents an important step in improving legislative quality. The corrections made eliminate ambiguities in the interpretation and application of the rules, ensuring a more coherent articulation with the general regime established in Decree-Law No. 127/2014. This regulatory harmonisation will contribute to greater legal certainty and predictability for operators in the public health sector.
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