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
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;
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.
Sec. 3. Definitions. — For purposes of this Act,
the following terms shall mean:
a) Blood/blood product — refers to human blood,
processed or unprocessed and includes blood components, its products
and 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;
h) Blood transfusion transmissible diseases —
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; and
j) Walking Blood Donor — an individual included in
the list of qualified voluntary blood donors, referred to in Sec. 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 ensure 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-governmental organizations, all medical organizations, all public
and private hospitals, all health and health-related institutions,
print and broadcast media as well as 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 such 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 Society of 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 rationale 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 and city
nationwide within the framework of a National Blood Transfusion Service
Network spearheaded by the Department, in coordination with the
PNRC. The collection of blood in various areas in the community,
such as schools, business enterprises, barangays, and military camps
shall be promoted.
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 blood 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 qualified blood donors with their specified
blood typing.
Sec. 5. National Voluntary Blood Services Program.
— The Department, in cooperation with the PNRC and PBCC and other
government agencies and non-governmental organizations shall plan and
implement a National Voluntary Blood Services Program (NVBSP) to meet
in a revolutionary manner, the needs for blood transfusion in all
regions of the country. Funds for this purpose shall be provided
by 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 the
trust liability account of the Duty Free Shop (Duty Free Philippines)
with an initial amount of at least Twenty million pesos (P20,000,000)
and through contributions of other agencies such as civic
organizations.
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.
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 a 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.
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.
SECTION 10. Importation of Blood Bank Equipment,
Blood Bags and Reagents. — Upon the effectivity of this Act, 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.
SECTION 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. The rules and regulations shall prescribe 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.
SECTION 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 any license to operate from the Department or who fails to
comply with the standards prescribed by the Department referred to in
Sec. 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 (500,000), 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 may 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.
SECTION 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.
SECTION 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 or modified
accordingly.
SECTION 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.
Approved: May 5, 1994
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