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This page features the full text of
Republic
Act No. 7170
Organ
Donation Act of 1991
Republic
Act No. 7170 AN
ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY
AFTER
DEATH FOR SPECIFIED PURPOSES.
SECTION.
1. Title.- This Act shall be known as the "Organ
Donation Act of 1991."
SEC.
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 under the 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 body or decedent.
(e)
"Hospital".- a hospital licensed, accredited or approved
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, the Government or any of its subdivisions, agencies or
instrumentalities,
including government owned or controlled corporations; or any other
legal
entity.
(h)
"Physician" or "Surgeon".- a physician or surgeon
licensed
or authorized to practice medicine under the laws of the Republic of
the
Philippines.
(i) " Immediate Family" of the
Decadent.- the person
enumerated
in section 4 (a) of this 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. A person shall be medically and
legally
dead if either:
(1)
In the opinion of the attending physician, based on the acceptable
standards
of medical practice, there is an absence of natural respiratory and
cardiac
function and, attempts resuscitation would not be successful in
restoring
those functions. In this case, death shall be deemed to have occurred
at
the time these function ceased ; or
(2)
In the opinion of the consulting physician, concurred in by the
attending
physician, that on the basis of acceptable standards of medical
practice,
there is an irreversible cessation of all brain functions; and
considering
the absence of such functions, furthers attempts at resuscitation or
continued
supportive maintenance would not be successful in restoring such
natural
functions. In this case, death shall be deemed to have occurred at the
time when these conditions first appeared.
The
death of the person shall be determined in accordance with the
acceptable
standards of medical practice and shall be diagnosed separately by the
attending physician and another consulting physician, both of whom must
be appropriately qualified and suitably experienced in the care of such
patients. The death shall be recorded in the patient's medical record.
SEC.
3. Person Who May Execute Legacy. - Any individual, at least
eighteen
(!8) years of age and of sound mind ,may give by way of legacy, to take
effect after his death, all or part of his body for any purpose
specified
in Section 6 hereof.
SEC.4.
Person Who May Execute a Donation. - (a) Any of the
following
persons, in the order of priority stated hereunder, in t6he absence of
actual notice of contrary intentions by the decedent or actual notice
of
opposition by the member of the immediate family of the decedent, may
donate
all or 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;
5)
Guardian over the person of the decedent at the time of his death.(b)
The person authorized by subsection (a) of this section may make
donation
after or immediately
before his death.
SEC.
5. Examination of Human Body or Part thereof.- A
legacy
or donation of all or part of a human body authorizes any examination
necessary
to assure medical acceptability of the legacy or donation for the
purpose(s)
intended.
For
purposes of this Act, an autopsy shall be conducted on the cadaver of
accident,
trauma, or other medico-legal cases immediately after the pronouncement
of death, to determine qualified and healthy human organs for
transplantation
and/or in furtherance of medical science.
SEC.
6. Persons Who May Become Legatees Donees.-
The following people may become legacies or donees of human bodies or
parts
thereof for any of the purposes stated 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, colleges 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.SEC.
7. Day of Hospitals.- A hospital authorized to receive
organ
donation or to conduct transplantation shall train qualified personnel
and their staff to handle the task of introducing the organ donation
program
in a humane and delicate manner to the relatives of the donor-decedent
enumerated in Section 4. Hereof. The hospital shall accomplish the
necessary
form or document as proof of compliance with the above requirement.
SEC.
8. Manner of Executing a Legacy.-
(a)
Legacy of all or part of the human body under Section 3 hereof maybe
made
by will. The legacy becomes effective upon the death of the testator
without
waiting for probate of the will. If the will is not probated , or it is
a declared invalid for testamentary purposes, to the extent that it was
executed in good health, is nevertheless valid and effective.
(b)
A legacy of all part of the human body under Section 3 hereof may also
be made in any document other than the will. The legacy becomes
effective
upon the death of the testator and shall be respected by and binding
upon
his executor or administrator, heirs, assign, successors in interest
and
all members of the family. The document, which maybe 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 must signed the document in his presence.
If the testator cannot sign, the documents may be signed for him at his
direction and in his presence, in the presence of two witnesses 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
to make the legacy valid.
(c)
The legacy may be made to specified the legatee or without specifying
the
legatee. If the legacy is made to specified a legatee who is not
available
at the time and place of the testator's death, the attending physician
or surgeon, in the absence of any expressed indication that the
testator
desired otherwise, may accept the legacy as legatee. If the legacy does
not specify a legatee, the legacy may be accepted by the attending
physician
or surgeon as legatee upon or following the testator's death. The
physician
may become a legatee under this subsection shall not participate in the
procedures for removing or transplanting a part or parts of the body as
decedent.
(d)
The testator may designate in his will, card or other document, the
surgeon
or physician who will carry out the appropriate procedures. In the
absence
of the designation, or if the designee is not available, the legatee or
other persons authorized to accept the legacy may authorized any
surgeon
or physician for the purpose.SEC.9.
Manner of Executing a Donation. - Any donation by a person
authorized
under subjection (a) of Section 4 hereof shall be sufficient if
it
complies with the formalities of a donation of a movable property.
In
the absence of any of the person specified under Section 4 hereof and
in
the absence of any document of organ donation , the physician in
charge of the patient, the head of the hospital or a designated officer
of the hospital who has custody of the body of the deceased classified
as accident, trauma, or other medico-legal cases, may authorized in a
public
document the removal from such body for the purpose of transplantation
of the organ to the body of a living person: Provided, That the
physician, head of hospital or officer designated by the hospital for
this
purpose has exerted reasonable efforts. Within forty-eight (48)
hours,
to locate the nearest relative listed in Section 4 hereof or guardian
of
the decedent at the time of death.
In
all donations, the death of a person from whose body of an organ will
be
removed after his death for the purpose transplantation to a living
person,
shall be diagnosed separately and certified by two (2) qualified
physicians
neither of whom should be:
(a)
A member of the team of medical practitioners who will effect the
removal
of the organ from the body; nor
(b)
The physician attending to the recipient of the organ to be removed; nor
(c)
The head of hospital or the designated officer authorizing the removal
of the organ.SEC.
10. Person(s) Authorized to Remove Transplantable Organs. -
Only authorized medical practitioners in a hospital shall remove and/or
transplant any organ which is authorized to be remove and/or
transplanted
pursuant to Section 5 hereof.
SEC.
11. Delivery of Document of Legacy or Donation. -
If the legacy or donation is made to a specified legatee or donee, the
will, card or other document, or an executed copy thereof, maybe
delivered
by the testator or donor, or his authorized representative , to the
legatee
or donee to expedite the appropriate procedures immediately after
death.
The will, card or other document, or an executed copy thereof, may be
deposited
in any hospital or organ bank storage facility that accepts it for
safekeeping
or for facilitation or procedures after death. On the other request of
any interested party upon or after the testator's death, the person in
possession shall produce the document of legacy or donation for
verification.
SEC.
12. Amendment or Revocation of Legacy or Donation. -
(a) If the will, card or other document, or an executed copy
thereof,
has been delivered to a specific legatee or donee, the testator or
donor
may amend or revoke the legacy or donation either by:
(1)
The execution and delivery to the legatee or donee of signed statement
to that effect; or
(2)
An oral statement to that effect made in the presence of two or other
persons
and communicated to the legatee or donee ; or
(3)
A statement to that effect during a terminal illness or injury
addressed
to an attending 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 the testator or donor.(b)
Any will, card or other document, or an executed copy thereof, which
has
not been delivered to the legatee or donee may be revoked by the
testator
or donor in the manner provided in the subsection (a) of this Section
or
by destruction, cancellation or mutilation of the document and all
executed
copies thereof.
Any
legacy made by a will also be amended or revoked in the manner provided
for amendment or revocation of wills, or as provided in subsection (a)
of this Section.
SEC.
13. Rights and Duties after Death. - (a) The
legatee
or donee may accept or reject the legacy or donation as the case may
be.
If the legacy or donation is a part of the body, the legatee or donee,
upon the death of testator and prior to embalming, shall effect the
removal
of the part, avoiding unnecessary mutilation. After removal of the
part,
custody of the remainder of the body vests in the surviving spouse,
next
of the kin or other persons under obligation to dispose of the body of
the decedent.
(b)
Any person who acts in good faith in accordance with the terms of this
Act shall not be liable for damages in any civil action or subject to
prosecution
in any criminal proceeding of this Act.
SEC.
14. International Sharing of Human Organs or Tissues. -
Sharing of human organs or tissues shall be made only through exchange
programs duly approved by the Department of Health: Provided, that
foreign
organs or tissue bank storage facilities and similar establishments
grant
reciprocal rights to their Philippine counterparts to draw human organs
or tissues at any time.
SEC.
15. Information Drive. - In order that the public
will
obtain the maximum benefits from this Act, the Department of Health, in
cooperation with institutions, such as the National Kidney Institute,
civic
and non-government health organizations and other health related
agencies,
involved in the donation and transplantation of human organs, shall
undertake
a public information program.
The
Secretary of Health, after consultation with all health professionals,
both government and private, to make an appeal to human organ donation.
SEC.
16. Rules and Regulations. - The Secretary
of
Health, after consultation with all health professionals, both
government
and private, and non-government health organizations shall promulgate
such
rules and regulations as may be necessary or proper to implement this
Act.
SEC.
17. Repealing Clause. - All laws, decrees,
ordinances,
rules and regulations executive or administrative orders, and other
presidential
issuance inconsistent with this Act, are hereby repealed amended or
modified
accordingly.
SEC.
18. Separability Clause. - The
provisions
of this Act are hereby deemed separable. If any provision hereof should
be declared invalid or unconstitutional, the remaining provisions shall
remain in full force and effect.
SEC.
19. Effectivity. - This Act shall take
effect
after fifteen (15) days following its publication in the Official
Gazette
or in at least two (2) newspapers of general circulation.
Approved:
January 7, 1992.
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