RA 7719

Republic Act no. 7719

This Act shall be known as the "National Blood Services Act of 1994."

AN ACT PROMOTING VOLUNTARY BLOOD DONATION, PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE BLOOD, REGULATING BLOOD BANKS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF

Blood/blood product

refers to human blood, processed or unprocessed and includes blood components, its products and derivatives

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;

Commercial blood bank

a blood bank that exists for profit;

Hospital-based blood bank

a blood bank which is located within the premises of a hospital and which can perform compatibility testing of blood;

Blood collection unit

an institution or facility duly authorized by the Department of Health to recruit and screen donors and collect blood;

Voluntary blood donor

one who donates blood on one's own volition or initiative and without monetary compensation;

Department

the Department of Health;

Blood transfusion transmissible diseases

diseases which may be transmitted as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and Syphilis;

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

Walking Blood Donor

an individual included in the list of qualified voluntary blood donors referred to in Section 4, paragraph (e), who is ready to donate blood when needed in his/her community.

True or False: The overarching goal of the State's blood services policy is to promote public health.

True

True or False: The law dictates that blood donation should be a commercial transaction rather than a humanitarian act.

False

True or False: Legally, providing blood for a transfusion is classified as a professional medical service, not the sale of a commodity.

True

True or False: The State aims to provide a blood supply that is adequate, safe, affordable, and equitably distributed.

True

True or False: The hazards of the commercial sale of blood should be curbed by informing the public about the necessity of voluntary blood donation.

True

True or False: Lessons on voluntary blood donation are only required in public schools, while private schools are exempt.

False

True or False: The community sectors should be mobilized to participate in profit-generating mechanisms for blood collection.

False

True or False: The Department of Health (DOH) is mandated to establish and organize a National Blood Transfusion Service Network.

True

True or False: Institutions promoting voluntary blood donation can only receive funding through patient reimbursements; government donations are strictly prohibited.

False

True or False: All blood collection units and blood banks/centers are required to operate on a non-profit basis.

True

True or False: Standards for operating blood collection units and blood banks in the Philippines are based on local administrative preferences rather than scientific and professional standards.

False

True or False: Blood banks/centers must upgrade to include preventive services and education to control the spread of transfusion-transmissible diseases.

True

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.

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.

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 rational use of blood and blood products including the merits of voluntary blood donation.

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.

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 voluntary 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 an evolutionary 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.

SEC. 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.

True or False: The Secretary is given a window of ninety (90) days from the approval of the Act to promulgate its implementing rules and regulations.

False

True or False: Until amended or revised by the Secretary, the existing "Revised Rules and Regulations Governing the Collection, Processing and Provision of Human Blood and the Establishment and Operation of Blood Banks" will remain in force.

True

True or False: The rules and regulations are expected to prescribe a fixed, permanent price ceiling for blood fees that can never be altered or adjusted.

False

True or False: The maximum ceiling for fees covers the collection, processing, and storage of blood, alongside professional services.

True

True or False: When calculating the maximum fee ceiling for the provision of blood, the regulations allow for a reasonable allowance for spoilage.

True

The Secretary (of the Department of Health)

The official who has the power to suspend or revoke a blood bank's license if it charges fees higher than the prescribed maximum.

Not less than one (1) month nor more than six (6) months

The minimum and maximum duration of imprisonment for a person found responsible for overcharging fees for blood services.

Due notice and hearing

The administrative actions that must take place before a blood bank's license can be suspended or revoked due to overcharging.

Fifty thousand pesos (P50,000)

The maximum fine amount (in Philippine Pesos) that can be imposed on an individual responsible for violating the fee ceilings.

Not less than twelve (12) years and one (1) day nor more than twenty (20) years

The severe minimum and maximum prison sentence for anyone who establishes and operates a blood bank without a valid license from the Department.

Five hundred thousand pesos (P500,000)

The maximum monetary fine (in Philippine Pesos) for operating an unlicensed blood bank or failing to comply with prescribed safety standards.

Suspension or revocation of the license to practice the profession

The medical license sanction that the Secretary may recommend to the professional regulatory body when a professional violates the provisions of this Act.

Forty-eight (48) hours

The maximum window of time (in hours) allowed by law to safely dispose of blood that has been proven contaminated with transfusion-transmissible diseases.

Ten (10) years

The fixed prison sentence (in years) given to the head of a blood bank or trained personnel who knowingly dispense, transfuse, or fail to timely dispose of contaminated blood.

The Revised Penal Code

The separate, historical Philippine criminal code under which additional criminal charges can still be filed, without prejudice, alongside the penalties of this Act.

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 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.

Act

Republic Act (RA) 7719, also known as the National Blood Services Act of 1994, unless herein specified.

ATO

refers to the Authority to Operate. It is a formal permit issued by the DOH-CHD to an individual, partnership, corporation, or association to a BSF.

BB

refers to the Blood Bank.

BC

refers to the Blood Center.

BHFS

refers to the Bureau of Health Facilities and Services.

Blood

refers to human blood for transfusion.

Blood Component

refers, but not limited to whole blood, red cells, granulocytes, plasma, platelets, cryoprecipitate and cryosupernate prepared in a BC.

BCU

refers to the Blood Collection Unit.

Blood Product

a therapeutic substance derived from whole blood or plasma.

BS

refers to the Blood Station.

BSF

refers to the blood service facility. It is a unit, agency or institution providing blood products. The types of BSF are BS, BCU, Hospital BB and BC (Regional, Sub-national and National).

Blood Services Network

an organization composed of the designated BCs, hospital BBs, BCUs, BSs, end-user hospitals, and other health facilities established to provide for the blood needs of a specific geographical area.

CHD

refers to the Center for Health Development, which is the DOH Regional Field Office.

DOH

refers to the Department of Health.

End-User Hospital

hospital with a licensed clinical laboratory capable of red cell typing and cross-matching and which does not have any BSF but only receives blood and blood components for blood transfusion as needed.

End-User Non-hospital Health Facility

a licensed/accredited non-hospital health facility without a licensed clinical laboratory but administers blood transfusion, such as a dialysis clinic and birthing home under the supervision of a licensed physician/s.

EQAS

refers to the External Quality Assessment Scheme.

HBTC

refers to the Hospital Blood Transfusion Committee.

LTO

refers to the License to Operate. It is a formal authority issued by the DOH to an individual, partnership, corporation or association to operate a BB/BC.

NCBS

refers to the National Council for Blood Services.

NVBSP

refers to the National Voluntary Blood Services Program.

PNRC

refers to the Philippine National Red Cross.

TTI

refers to Transfusion-Transmitted Infections.

Voluntary, Non-Remunerated Blood Donor

a donor who gives blood freely and voluntarily without receiving money or any form of payment.

Blood services network

The larger systemic web of which every Blood Service Facility (BSF) must be an integral part.

Blood Center (BC)

The specific entity that holds direct responsibility for and authority over the close supervision of its affiliated Blood Collection Units (BCU) and Blood Stations (BS).

AO 2005-0002

The administrative issuance code (AO) that governs the designation of National, Sub-national, and Regional Blood Centers authorized to perform TTI testing.

Government

operated and maintained partially or wholly by a national, provincial, city or municipal government or other political unit, by any department, division, board or agency thereof or by a government-owned or controlled corporation.

Private (for hospital-based BSF only)

privately owned, established and operated with funds through donation, capital or other means, by an individual, corporation, association, or organization.

Hospital-based

a BSF located within the premises of a hospital.

Non-hospital-based

a government-owned or PNRC-owned BSF located outside the premises of a hospital consistent with the NVBSP Strategic Plan.