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REPUBLIC ACT NO. 7719
AN ACT PROMOTING VOLUNTARY BLOOD DONATION, PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE BLOOD REGULATING BANKS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
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: chan robles virtual law library
to lay down the legal principle that the provision of blood for
is a professional medical service and not a sale of a commodity;
to inform the public of the need for voluntary blood donation to curb
hazards causes by the commercial sale of blood;
(B) Blood bank/center - a laboratory or institution with the capability to recruit and screen blood donors, collect, process, store, transport and issue blood for transfusion and provide information and/or education on blood transfusion transmissible diseases;
(C) Commercial blood bank - a blood bank that exists for profit;
(D) Hospital-based blood bank - a blood bank which is located within the premises of a hospital and which can perform compatibility testing of blood;
(E) Blood collection unit - an institution or facility duly authorized by the Department of Health to recruit and screen donors and collect blood;
(F) Voluntary blood donor - one who donates blood on one’s own volition or initiative and without monetary compensation;
(G) Department - the Department of Health;chan robles virtual law library
(H) Blood transfusion transmissible disease - diseases which may be transmitted as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and syphilis;
(I) Secretary of Health - the Secretary of Health or any other person to whom the Secretary delegates the responsibility of carrying out the provisions of this Act;
(J) Walking Blood Donor - an individual included in the list of qualifies voluntary blood donors, referred to in Section 4, paragraph (e), who is ready to donate blood when needed in his/her community.
(B) Promotion in Schools. - The benefits and rationale of voluntary blood donation shall be included and given emphasis in health subjects of schools, both public and private, at the elementary, high school and college levels. The Department of Education, Culture and Sports shall also require inclusion in its non-formal education curricula.
(C) Professional Education. - The Department, the PBCC, the Philippine Society of Hematology and Blood Transfusion (PSHBT), the Philippine Pathologists (PSP), the Philippine Medical Association (PMA), the Philippine Association of Medical Technologists (PAMET) and the Philippine Nursing Association (PNA) are encouraged to conduct for their respective members and as part of the continuing medical education, trainings on the rational use of blood and blood products including the merits of voluntary blood donation.
(D) Establishment of Blood Services Network. - Blood centers shall be strategically established in every province an city nationwide within the framework of a National Blood Transfusion Service Network spearheaded by the Department, in coordination with the PNRC. The collection in various areas in the community, such as schools, business enterprises, barangays, and military camps shall be promoted.chan robles virtual law library
The Secretary shall set the standards for the scientific and professional establishment and operation of blood banks/centers and collection units. The Department shall provide training programs and technical assistance to enable communities, schools, industrial and business sites, barangays, military camps and local government units to implement their own voluntary donation programs.
Sec. 6. Upgrading of Services and Facilities. - All blood banks/centers shall provide preventive health services such as education and counseling 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.
The Department, in consultation with the PSHBT and the PSP, shall also establish guidelines for the rational use of blood and blood products.
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 an non-profit basis: Provided, That they may collect service fees not greater than the maximum prescribed by the Department which shall be limited to the necessary expenses entailed in collecting and processing of blood. Blood shall be collected from healthy voluntary donors only.chan robles virtual law library
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 and transfusion under the responsibility of the attending physician shall be allowed in hospitals without such license under certain conditions prescribed by the Department. No license shall be granted or renewed by the Department for the establishment and operation of a blood bank/center unless it complies with the standards prescribed by the Department. Such blood bank/center shall be under the management of a licensed and qualified physician duly authorized by the Department.
Sec. 10. Importation of Blood Bank Equipment, Blood Bags and Reagents. - Upon the effectivity of this Act, 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.
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 Establishment and Operation of Blood Banks shall remain in force unless amended or revised by the Secretary. The rules and regulations shall prescribed from time to time the maximum ceiling for fees for the provision of blood, including, its collection, processing and storage, professional services and a reasonable allowance for spoilage.
Sec. 12. Penalties. - Upon complaint of any person and after due notice and hearing, any blood bank/center which shall collect charges and fees 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 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.
The Secretary, after due notice and hearing, may impose administrative sanctions such as, but not limited to fines, suspension, or revocation of license to operate a blood bank/center and to recommend the suspension or revocation of the license to practice the profession when applicable.
The head of the blood bank and the necessary trained personnel under the head’s direct supervision found responsible for dispensing, transfusing and failing to dispose, within forty-eight (48) hours, blood which have been proven contaminated with blood transfusion transmissible diseases shall be imprisoned for ten(10) years. This is without prejudice to the filing of criminal charges under the Revised Penal Code.
Sec. 13. Separability Clause. - If any provisions 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 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 hereby repealed or modified 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.chan robles virtual law library
Approved: May 5, 1994
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