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    Blood/Organ Donation

    KRISTA LOU DYAN M. BEDIA

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    REPUBLIC ACT No. 7170

    AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALLOR PART OF A HUMAN BODY AFTER DEATH FOR SPECIFIEDPURPOSES

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    Section 1. Title. This Act shall be known as the "Organ Donation Act of 1991".

    Section 2. Definition of Terms. As used in this Act the following terms shall mean:

    (a) "Organ Bank Storage Facility" - a facility licensed, accredited or approved underthe law for storage of human bodies or parts thereof.

    (b) "Decedent" - a deceased individual, and includes a still-born infant or fetus.

    (c) "Testator" - an individual who makes a legacy of all or part of his body.

    (d) "Donor" - an individual authorized under this Act to donate all or part of the bodyof a decedent.1awphilalf

    (e) "Hospital" - a hospital licensed, accredited or approval under the law, and

    includes, a hospital operated by the Government.

    (f) "Part" - includes transplantable organs, tissues, eyes, bones, arteries, blood,other fluids and other portions of the human body.

    (g) "Person" - an individual, corporation, estate, trust, partnership, association, theGovernment or any of its subdivisions, agencies or instrumentalities, includinggovernment-owned or -controlled corporations; or any other legal entity.

    (h) "Physician" or "Surgeon" - a physician or surgeon licensed or authorized topractice medicine under the laws of the Republic of the Philippines.

    (i) "Immediate Family" of the decedent - the persons enumerated in Section 4(a) ofthis Act.

    (j) "Death" - the irreversible cessation of circulatory and respiratory functions or the

    irreversible cessation of all functions of the entire brain, including the brain stem.

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    Section 3. Person Who May Execute A Legacy. Any individual, at least eighteen(18) years of age and of sound mind, may give by way of legacy, to take effectafter his death, all or part of his body for any purpose specified in Section 6 hereof.

    Section 4. Person Who May Execute a Donation.

    (a) Any of the following, person, in the order of property stated hereunder, in theabsence of actual notice of contrary intentions by the decedent or actual notice ofopposition by a member of the immediate family of the decedent, may donate allor any part of the decedent's body for any purpose specified in Section 6 hereof:

    (1) Spouse;

    (2) Son or daughter of legal age;

    (3) Either parent;

    (4) Brother or sister of legal age; or

    (5) Guardian over the person of the decedent at the time of his death.

    (b) The persons authorized by sub-section (a) of this Section may make thedonation after or immediately before death.

    Section 5. Examination ofHuman Body or Part Thereof. A legacy ofdonation of all or part of a human body authorizes any examination necessary toassure medical acceptability of the legacy or donation for the purpose(s) intended.

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    Section 6. Persons Who May Become Legatees or Donees. The following personsmay become legatees or donees of human bodies or parts thereof for any of the purposesstated hereunder:

    (a) Any hospital, physician or surgeon - For medical or dental education, research,advancement of medical or dental science, therapy or transplantation;

    (b) Any accredited medical or dental school, college or university - For education,research, advancement of medical or dental science, or therapy;

    (c) Any organ bank storage facility - For medical or dental education, research, therapy,or transplantation; and

    (d) Any specified individual - For therapy or transplantation needed by him.

    Section 7. Duty of Hospitals. A hospital authorized to receive organ donations or toconduct transplantation shall train qualified personnel and their staff to handle the taskof introducing the organ donation program in a humane and delicate manner to therelatives of the donor-decedent enumerated in Section 4 hereof. The hospital shallaccomplish the necessary form or document as proof of compliance with the aboverequirement.

    Section 8. Manner of Executing a Legacy.

    (a) Legacy of all or part of the human body under Section 3 hereof may be made bywill. The legacy becomes effective upon the death of the testator without waiting forprobate of the will. If the will is not probated, or if it is declared invalid fortestamentary purposes, the legacy, to the extent that it was executed in good faith, is

    nevertheless valid and effective.

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    (b) A legacy of all or part of the human body under Section 3 hereof may also bemade in any document other than a will. The legacy becomes effective upon deathof the testator and shall be respected by and binding upon his executor oradministrator, heirs, assigns, successors-in-interest and all members of the family.The document, which may be a card or any paper designed to be carried on a

    person, must be signed by the testator in the presence of two witnesses who mustsign the document in his presence. If the testator cannot sign, the document maybe signed for him at his discretion and in his presence, in the presence of twowitnesses who must, likewise, sign the document in the presence of the testator.Delivery of the document of legacy during the testator's lifetime is not necessary tomake the legacy valid.

    (c) The legacy may be made to a specified legatee or without specifying a legatee. If thelegacy is made to a specified legatee who is not available at the time and place of thetestator's death, the attending physician or surgeon, in the absence of any expressedindication that the testator desired otherwise, may accept the legacy as legatee. If thelegacy does not specify a legatee, the legacy may be accepted by the attending physicianor surgeon as legatee upon or following the testator's death. The physician who becomesa legatee under this subsection shall not participate in the procedures for removing ortransplanting a part or parts of the body of the decedent.

    (d) The testator may designate in his will, card or other document, the surgeon orphysician who will carry out the appropriate procedures. In the absence of a designation,or if the designee is not available, the legatee or other persons authorized to accept thelegacy may authorize any surgeon or physician for the purpose.

    Section 9. Manner of Executing a Donation. Any donation by a person authorizedunder subsection (a) of Section 4 hereof shall be sufficient if it complies with theformalities of a donation of a movable property.

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    In all donations, the death of a person from whose body an organ will be removedafter his death for the purpose of transplantation to a living person, shall bediagnosed separately and certified by two (2) qualified physicians neither of whomshould be:

    (a) A member of the team of medical practitioners who will effect the removal ofthe organ from the body; nor

    (b) The physician attending to the receipt of the organ to be removed; nor

    (c) The head of hospital or the designated officer authorizing the removal of theorgan.

    Section 10. Person(s) Authorized to Remove Transplantable Organs. Only authorized medical practitioners in a hospital shall remove and/or transplantany organ which is authorized to be removed and/or transplanted pursuant toSection 5 hereof.

    Section 11. Delivery of Document of Legacy or Donation. If the legacy ordonation is made to a specified legatee or donee, the will, card or otherdocument, or an executed copy thereof, may be delivered by the testator ordonor, or is authorized representative, to the legatee or donee to expedite theappropriate procedures immediately after death. The will, card or other document,or an executed copy thereof, may be deposited in any hospital or organ bankstorage facility that accepts it for safekeeping or for facilitation or procedures afterdeath. On the request of any interested party upon or after the testator's death,the person in possession shall produce the document of legacy or donation forverification.

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    Section 12.Amendment or Revocation of Legacy or Donation.

    a) If he will, card or other document, or an executed copy thereof, has beendelivered to a specific legatee or donee, the testator or donor may amend or revokethe legacy or donation either by:

    (1) The execution and delivery to the legatee or donee of a signed statement tothat effect; or

    (2) An oral statement to that effect made in the presence of two other persons andcommunicated to the legatee or donee; or

    (3) A statement to that effect during a terminal illness or injury addressed to anattending physician and communicated to the legatee or donee; or

    (4) A signed card or document to that effect found on the person or effects of thetestator or donor.

    (b) Any will, card or other document, or an executed copy thereof, which has notbeen delivered to the legatee or donee may be revoked by the testator or donor inthe manner provided in subsection (a) of this Section or by destruction, cancellationor mutilation of the document and all executed copies thereof.

    Section 13. Rights and Duties After Death.

    (a) The legatee or donee may accept or reject the legacy or donation as the casemay be. If the legacy of donation is of a part of the body, the legatee or donee,upon the death of the testator and prior to embalming, shall effect the removal ofthe part, avoiding unnecessary mutilation.

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    (b) Any person who acts in good faith in accordance with the terms of this Act shallnot be liable for damages in any civil action or subject to prosecution in anycriminal proceeding of this Act.

    Section 14.International Sharing of Human Organs or Tissues. Sharing ofhuman organs or tissues shall be made only through exchange programs dulyapproved by the Department of Health: Provided, That foreign organ or tissue bankstorage facilities and similar establishments grant reciprocal rights to theirPhilippine counterparts to draw organs or tissues at any time.

    Section 15. Information Drive. In order that the public will obtain themaximum benefits from this Act, the Department of Health, in cooperation withinstitutions, such as the National Kidney Institute, civic and non-government health

    organizations and other health related agencies, involved in the donation andtransplantation of human organs, shall undertake a public information program.

    Section 16. Rules and Regulations. The Secretary of Health, afterconsultation with all health professionals, both government and private, and non-government health organizations shall promulgate such rules and regulations asmay be necessary or proper to implement this Act.

    Section 17. Repealing Clause. All laws, decrees, ordinances, rules andregulations, executive or administrative orders, and other presidential issuanceinconsistent with this Act, are hereby repealed, amended or modified accordingly.

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    REPUBLIC ACT. No. 7885

    AN ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THEPHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACTNUMBERED SEVEN THOUSAND ONE HUNDRED ANDSEVENTY (R.A. No. 7170), OTHERWISE KNOWN AS THEORGAN DONATION ACT OF 1991.

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    SECTION 1. Section 9 of Republic Act No. 7170 is hereby amended to readas follows:

    "SEC. 9. Manner of Executing a Donation - Any donation by a person authorized

    under subsection a) of Section 4 hereof shall be sufficient if it complies with theformalities of a donation of a movable property.

    "In the absence of any persons specified under Section 4 hereof and in theabsence of any document of organ donation, the physician in charge of thepatient, the head of the hospital or a designated officer of the hospital who hascustody of the body of the deceased classified as accident, trauma, or other

    medico-legal cases, the purpose of transplantation of the organ to the body of aliving person: Provided, That the physician, head of the hospital or officerdesignated by the hospital for this purpose has exerted reasonable efforts, withinforty-eight (48) hours, to locate the nearest relative listed in Section 4 hereof orguardian of the decedent at the time of death: Provided, however, That the saidphysician, head or designated officer of the hospital, or the medico-legal officer ofany government agency which has custody of such body may authorize the

    removal of the cornea or corneas of the decedent within twelve (12) hours afterdeath and upon the request of qualified legatees or donees for the sole purpose oftransplantation: Provided, That such removal of the cornea or corneas will notinterfere with any subsequent investigation or alter the post-mortem facialappearance of the decedent by such means as placing eye caps after the saidcornea or corneas have been removed.

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    SEC. 2. Section 10 of Republic Act No. 7170 is also amended to readas follows:

    "SEC. 10. Person(s) Authorized to Remove and Transplant Organs andTissues - Only authorized medical practitioners in a hospital shall remove

    and/or transplant any organ which is authorized to be removed and/ortransplanted pursuant to Section 5 hereof: Provided, however, That theremoval of corneal tissues shall be performed only by opthalmic surgeonsand opthalmic technicians trained in the methodology oof such procedureand duly certified by the accredited National Association ofOpthalmologists."

    SEC. 3. The implementing rules and regulations of Republic Act No. 7170shall be amended accordingly by the Secretary of Health, in consultationwith professional health groups and non-government health organizations,to make it consistent with the provisions of this Act.

    SEC. 4. The provisions of this Act are hereby declared separable, and inthe event any such provisions is declared unconstitutional, the other

    provisions not affected thereby shall remain in force and effect.SEC. 5. All other laws, decrees, executive orders, administrative orders,rules and regulations or parts thereof which are inconsistent with theprovisions of this Act are hereby repealed, amended or modifiedaccordingly.

    SEC. 6. This Act shall take effect upon its approval.

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    REPUBLIC ACT No. 7719

    AN ACT PROMOTING VOLUNTARY BLOOD DONATION,

    PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE

    BLOOD, REGULATING BLOOD BANKS, AND PROVIDING

    PENALTIES FOR VIOLATION THEREOF

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    Section 1. Title. This Act shall be known as the "National Blood Services Act

    of 1994."

    Sec. 2. Declaration of Policy. In order to promote public health, it is hereby

    declared the policy of the State:

    (a) to promote and encourage voluntary blood donation by the citizenry and to

    instill public consciousness of the principle that blood donation is a humanitarian

    act;

    (b) to lay down the legal principle that the provision of blood for transfusion is a

    professional medical service and not a sale of a commodity;

    (c) to provide for adequate, safe, affordable and equitable distribution of supply of

    blood and blood products;

    (d) to inform the public of the need for voluntary blood donation to curb the

    hazards caused by the commercial sale of blood;(e) to teach the benefits and rationale of voluntary blood donation in the existing

    health subjects of the formal education system in all public and private schools, in

    the elementary, high school and college levels as well as the non-formal education

    system;

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    (f) to mobilize all sectors of the community to participate in mechanisms for

    voluntary and non-profit collection of blood;

    (g) to mandate the Department of Health to establish and organize a National

    Blood Transfusion Service Network in order to rationalize and improve the

    provision of adequate and safe supply of blood;

    (h) to provide for adequate assistance to institutions promoting voluntary blood

    donation and providing non-profit blood services, either through a system of

    reimbursement for costs from patients who can afford to pay, or donations from

    governmental and non-governmental entities;

    (i) to require all blood collection units and blood banks/centers to operate on a

    non-profit basis;

    (j) to establish scientific and professional standards for the operation of blood

    collection units and blood banks/centers in the Philippines;

    (k) to regulate and ensure the safety of all activities related to the collection,

    storage and banking of blood; and

    (l) to require upgrading of blood banks/centers to include preventive services and

    education to control spread of blood transfusion transmissible diseases.

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    Sec. 3. Definitions. For purposes of this Act, the following terms shall mean:

    (a) Blood/blood product

    (b) Blood bank/center

    (c) Commercial blood bank

    (d) Hospital-based blood bank

    (e) Blood collection unit

    (f) Voluntary blood donor

    (g) Department

    (h) Blood transfusion transmissible diseases

    (i) Secretary of Health - the Secretary of Health or any other person to whom theSecretary delegates the responsibility of carrying out the provisions of this Act;

    (j) Walking Blood Donor

    Sec. 4. Promotion of Voluntary Blood Donation. In order to ensure adequatesupply of human blood, voluntary blood donation shall be promoted through the

    following:(a) Public Education. - Through an organized and sustained nationwide public educationcampaign by the Department.

    (b) Promotion in Schools. - The benefits and rationale of voluntary blood

    donation shall be included and given emphasis in health subjects of schools, both publicand private, at the elementary, high school and college levels.

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    (c) Professional Education. - are encouraged to conduct for their respective members .

    (d) Establishment of Blood Services Network. Blood centers shall be

    strategically established in every province and city nationwide within the

    framework of a National Blood Transfusion Service Network spearheaded by the

    Department, in coordination with the PNRC.(e) Walking Blood Donors. - In areas where there may be inadequate blood bankingfacilities, the walking blood donorconcept shall be encouraged and all governmenthospitals, rural health units, health centers and barangays in these areas shall berequired to keep at all times a list of qualified voluntary blood donors with their specifiedblood typing.

    Sec. 5. National Voluntary Blood Services Program. The Department, in

    cooperation with the PNRC and PBCC and other government agencies andnongovernmental organizations shall plan and implement a National Voluntary Blood

    Services Program (NVBSP) to meet in an evolutionary manner, the needs for blood

    transfusion in all regions of the country.

    Sec. 6. Upgrading of Services and Facilities. All blood banks/centers shall

    provide preventive health services such as education and counselling on blood

    transfusion transmissible diseases. All government hospitals, including those that have

    been devolved, shall be required to establish voluntary blood donation programs and all

    private hospitals shall be encouraged to establish voluntary blood donation programs.

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    Sec. 7. Phase-out of Commercial Blood Banks. All commercial blood banks

    shall be phased-out over a period of two (2) years after the effectivity of this Act,

    extendable to a maximum period of two (2) years by the Secretary.

    Sec. 8. Non-Profit Operation.

    All blood banks/centers shall operate on a nonprofitbasis: Provided, That they may collect service fees not greater than the maximum

    prescribed by the Department.

    Sec. 9. Regulation of Blood Services. It shall be unlawful for any person to

    establish and operate a blood bank/center unless it is registered and issued a license to

    operate by the Department: Provided, That in case of emergencies, blood collection andtransfusion under the responsibility of the attending physician shall be allowed in

    hospitals without such license under certain conditions prescribed by the Department.

    Sec. 10.Importation of Blood Bank Equipment, Blood Bags and Reagents.equipment, blood bags and reagents used for the screening and testing of donors,collection and processing and storage of blood shall be

    imported tax-and duty-free by the PNRC, blood banks and hospitals participating actively

    in the National Voluntary Blood Services Program. This provision shall be implemented

    by the rules and regulations to be promulgated by the Department in consultation and

    coordination with the Department of Finance.

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    Sec. 11. Rules and Regulations. The implementation of the provisions of this

    Act shall be in accordance with the rules and regulations to be promulgated by the

    Secretary, within sixty (60) days from the approval hereof. The existing Revised Rules

    and Regulations Governing the Collection, Processing and Provision of Human Blood

    and the Establishment and Operation of Blood Banks shall remain in force unless

    amended or revised by the Secretary.

    Sec. 12. Penalties. Upon complaint of any person and after due notice and

    hearing, any blood bank/center which shall collect charges and fees greater than the

    maximum prescribed by the Department shall have its license suspended or revoked by

    the Secretary.-Any person or persons who shall be responsible for the above violation shall

    suffer the penalty of imprisonment of not less than one (1) month nor more than six (6)

    months, or a fine of not less than Five thousand pesos (P5,000) nor more than Fifty

    thousand pesos (P50,000), or both at the discretion of the competent court.

    -Any person who shall establish and operate a blood bank without securing anylicense to operate from the Department or who fails to comply with the standards

    prescribed by the Department referred to in Section 9 hereof shall suffer the penalty of

    imprisonment of not less than twelve (12) years and one (1) day nor more than twenty

    (20) years or a fine of not less than Fifty thousand pesos (P50,000) nor more than Five

    hundred thousand pesos (P500,000), or both at the discretion of the competent court.

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    -The head of the blood bank and the necessary trained personnel under the head's

    direct supervision found responsible for dispensing, transfusing and failing todispose,

    within forty-eight (48) hours, blood which have been proven contaminated with

    bloodtransfusion transmissible diseases shall be imprisoned for ten (10) years.

    Sec. 13. Separability Clause. If any provision of this Act is declared invalid,the

    other provisions hereof not affected thereby shall remain in force and effect.

    Sec. 14. Repealing Clause. This Act shall supersede Republic Act No. 1517

    entitled "Blood Bank Act." The provisions of any law, executive order, presidential

    decree or other issuances inconsistent with this Act are hereby repealed ormodified

    accordingly.

    Sec. 15. Effectivity Clause. This Act shall take effect after fifteen (15) days

    following its publication in the Official Gazette or in two (2) national newspapers of

    general circulation.