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This page features the full text of
Republic
Act No. 7719
National
Blood Services Act of 1994
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
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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 causes 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 school, in the elementary, high school and college levels as
well
as the non-formal education systems;
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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 ensure the safety of all activities related to the
collection,
storage and banking of blood; and
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(l)
to require upgrading of blood banks/centers to include preventive
services
an education to control spread of blood transfusion transmissible
diseases.
Sec. 3. Definitions. - For purposes of this
Act, the following
terms
shall mean:
(A)
Blood/blood product - refers to human blood, processes or
unprocessed
and includes blood components, its products an derivatives;
(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;
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(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.Sec. 4. Promotion of Voluntary Blood Donation.
- In order to
adequate
supply of human blood, voluntary blood donation shall be promoted
through
the following:
(A)
Public Education - Through an organized and sustained nationwide
public education campaign by the Department, the Philippine National
Red
Cross (PNRC) and the Philippine Blood Coordinating Council (PBCC), as
the
lead agencies, other government agencies, local government units
(particularly
the barangays), non-government organizations, all medical
organizations,
all public and private hospitals, all health and health - related
institutions,
print and broadcast media as well other sectors. The Department is
hereby
authorized to set aside funds and generate financial support for all
sectors
involved in the collection and processing of blood from voluntary blood
donors through a system of reimbursement for costs for patients who can
afford to pay or from donations from government and private
institutions.
Voluntary donors shall likewise be provided non-monetary incentives as
may be determined 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 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.
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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.
(E)
Walking Blood Donors. - In areas where there may be inadequate
blood
banking, facilities, the walking blood donor concept shall be
encouraged
and all government hospitals, rural-health units, health centers and
barangays
in these areas shall be required to keep at all times a list of
qualifies
voluntary blood donors with their blood typing.Sec. 5. National Voluntary Blood Services Program.
- The Department,
in cooperation with the PNRC and PBCC and other government agencies and
non-government organizations shall plan and implement an National
Voluntary
Blood Services Program (NVBSP) to meet in an evolutionary manner, the
needs
for blood transfusion in all regions of the country. Funds for this
purpose
shall be provided for the Government through the budgetary allocation
of
the Department, by the Philippine Charity Sweepstakes Office (PCSO)
with
an initial amount of at least Twenty-five million pesos (P25,000,000),
by the Philippine Amusement and Gaming Corporation (PAGCOR) with an
initial
amount of at least Twenty-five million pesos (P25,000,000), by at least
trust liability account of the Duty Free Shop (Duty Free Philippines)
with
an initial amount of at least Twenty-five million pesos (P25,000,000)
and
through contribution of other agencies such as civic organization.
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.
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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.
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Approved:
May 5, 1994
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