6 | RA 7719: NATIONAL BLOOD SERVICES ACT OF 1994

RA 7719: 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”

RA 7719: NATIONAL BLOOD SERVICES ACT OF 1994

Approved: May 5, 1994

BLOOD

life-giving fluid that runs through a person’s body

BLOOD

life-saving component

REPUBLIC ACT NO. 7719

REPUBLIC ACT NO. 1517

The utilization, transfer, and processing of blood in the Philippines are regulated by two important laws

REPUBLIC ACT NO. 7719

National Blood Services Act of 1994

REPUBLIC ACT NO. 1517

An Act Regulating the Collection, Processing, and Sale of Human Blood, and the Establishment and Operation of Blood Banks and Blood Processing Laboratories

Philippine National Red Cross

Philippine Blood Coordinating Council

primary agencies in the country that facilitate blood donation and education

Philippine National Red Cross

Continues to advance its advocacy to provide quality life-saving services through its voluntary blood donation drives.

Philippine National Red Cross

also collaborates with key government institutions to ensure that the country has sufficient supply of safe and transferable blood for patients needing transfusion.

Philippine Blood Coordinating Council

Exists for seven reasons:

PBCC 7 Reasons

To disseminate correct information to the public regarding the benefits and advantages of voluntary blood donation;

To motivate the different sectors of the society to donate blood voluntarily;

To educate medical and paramedical personnel regarding the proper utilization of blood;

To promote the use of blood component therapy to utilize blood to the fullest;

To improve blood banking procedures and policies;

To promote the interchange of concepts and experiences in blood donation and transfusion; and

To foster participation in international activities in blood banking and transfusion.

Philippine Blood Coordinating Council

also engages in networking and coordination with related agencies, as well as in research for the advancement of the field.

Donate blood;

Maintain adequate supply of blood for transfusion;

Both of these agencies have been affected in the campaign to encourage Filipinos to:

RA 7719 enactment

April 2, 1994

RA 7719 repealing

Republic Act No. 1517 (Old Blood Banking Law)

New Blood Services Law

sought to provide an adequate supply of safe blood by promoting voluntary blood donation and by regulating blood banks in the country.

RA 7719 approved

President Fidel V. Ramos; May 5, 1994

August 18, 1994

RA 7719 published on official gazette

August 23, 1994

RA 7719 took effect

REPUBLIC ACT NO. 7719

Under this law, all commercial blood banks shall be phased over a period of two (2) years after the law’s effectivity.

REPUBLIC ACT NO. 7719

act promoting voluntary blood donation, providing for an adequate supply of safe blood, regulating blood banks, and providing penalties or violations thereof.

Preliminary

Functional

Concluding Provisions

three main parts of RA 7719:

PRELIMINARY PROVISIONS

cover all aspects regarding the formulation of the title, the declaration of policy, and the definition of terms.

SECTION 1

TITLE

SECTION 1. TITLE

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

SECTION 2

DECLARATION OF POLICY

SECTION 2. DECLARATION OF POLICY

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;

SECTION 2. DECLARATION OF POLICY

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;

SECTION 2. DECLARATION OF POLICY

to provide for adequate, safe, affordable and equitable distribution of supply of blood and blood products;

SECTION 2. DECLARATION OF POLICY

to inform the public of the need for voluntary blood donation to curb the hazards caused by the commercial sale of blood;

SECTION 2. DECLARATION OF POLICY

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;

SECTION 2. DECLARATION OF POLICY

to mobilize all sectors of the community to participate in mechanisms for voluntary and non-profit collection of blood;

SECTION 2. DECLARATION OF POLICY

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;

SECTION 2. DECLARATION OF POLICY

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;

SECTION 2. DECLARATION OF POLICY

to require all blood collection units and blood banks/ centers to operate on a nonprofit basis;

SECTION 2. DECLARATION OF POLICY

to establish scientific and professional standards for the operation of blood collection units and blood banks/centers in the Philippines;

SECTION 2. DECLARATION OF POLICY

to regulate and ensure the safety of all activities related to the collection, storage and banking of blood; and

SECTION 2. DECLARATION OF POLICY

to require upgrading of blood banks/centers to include preventive services and education to control spread of blood transfusion transmissible diseases.

SECTION 3

DEFINITIONS

Blood/blood product

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

Blood/blood product

Ex: packed red blood cells, platelet concentrate,fresh frozen plasma, and cryoprecipitate

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.

HIV

Hepatitis-B

Hepatitis C

Malaria

Syphilis

Transfusion transmissible infections (TTI):

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.

FUNCTIONAL PROVISIONS

These are limited to orders on the voluntary donation of blood, phase out of blood commercial blood banks, rules and regulations on blood bank services, importation to blood bank equipment, and penalties associated with blood bank provision violations.

SECTION 4

PROMOTION OF VOLUNTARY BLOOD DONATION

SECTION 4. PROMOTION OF VOLUNTARY BLOOD DONATION

In order to ensure adequate supply of human blood, voluntary blood donation shall be promoted through the following:

Public Education

Promotion in Schools

Professional Education

Establishment of Blood Services Network

Walking Blood Donors

SECTION 5

NATIONAL VOLUNTARY BLOOD SERVICES PROGRAM

VISION

Safe Blood for All

MISSION

A nationally coordinated and efficient networking of Blood Service Facilities based on voluntary blood donation that will ensure safe, adequate, timely and accessible blood supply and the rational use of blood in the Philippines through advocacy, professional education and research.

SECTION 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.

Philippine Charity Sweepstakes Office (PCSO)

an initial amount of at least Twenty-five million pesos (P25,000,000),

Philippine Amusement and Gaming Corporation (PAGCOR)

initial amount of at least Twenty-five million pesos (P25,000,000)

Duty Free Shop (Duty Free Philippines)

initial amount of at least Twenty million pesos (P20,000,000)

SECTION 6

UPGRADING OF SERVICES AND FACILITIES

SECTION 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.

SECTION 6. UPGRADING OF SERVICES AND FACILITIES

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.

SECTION 7

PHASE-OUT OF COMMERCIAL BLOOD BANKS

SECTION 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.

SECTION 8

NON-PROFIT OPERATION

SECTION 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.

SECTION 9

REGULATION OF BLOOD SERVICES

Authority to Operate (ATO)

Is an official permit issued by the DOH to an individual, corporation, partnership, or association to a Blood Collection Unit or Blood Station.

License to Operate (LTO

Is a formal authority issued by the DOH to an individual, corporation, partnership, or association to a Blood Bank or a Blood Center

SECTION 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.

SECTION 9. REGULATION OF BLOOD SERVICES

Such blood bank/center shall be under the management of a licensed and qualified physician duly authorized by the Department.

SECTION 9. REGULATION OF BLOOD SERVICES

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.

SECTION 10

IMPORTATION OF BLOOD BANK EQUIPMENT, BLOOD BAGS AND REAGENTS

SECTION 10. IMPORTATION OF BLOOD BANK EQUIPMENT, BLOOD BAGS AND REAGENTS

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 Philippine National Red Cross, blood banks and hospitals participating actively in the National Voluntary Blood Services Program.

SECTION 11

RULES AND REGULATIONS

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

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.

1 mo - 6 mos

5k - 50k

charging more than prescribed amount

12 yrs + 1 day to 20 yrs

50k - 500k

establish and operate a blood bank without securing any license to operate

fails to comply with the standards prescribed by the Department referred to in Section 9

10 yrs

dispensing, transfusing and failing to dispose, within forty eight (48) hours, blood which have been proven contaminated with blood transfusion transmissible diseases

SECTION 13

SEPARABILITY CLAUSE

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

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

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.

BLOOD SERVICES NETWORK

The National Council for Blood Services through the Local Blood Councils, shall promote Voluntary Blood Donation (VBD) in communities, households, schools, parishes, establishments, etc.

BLOOD SERVICES NETWORK

Blood shall be collected from voluntary or non-remunerated blood donors in the premises of Blood Collection Units (BCU) or Mobile Blood Donation (MBD) Team activities

All blood units collected by the BCU and MBD Team shall be tested at Blood Centers either the:

Philippine Blood Center

Subnational Blood Center

Regional Blood Center

• Philippine National Red Cross

All units of blood issued from these blood centers need not be retested for transfusion transmissible infections by the:

Hospital-based blood bank

Blood stations

Other Health Facilities administering blood transfusion.

retested twice (2) using the same rest format.

Every donated blood unit found initially reactive to any of the five (5) TTIs shall be

A repeatedly reactive donated blood unit shall be sent to the:

Research Institute for Tropical Medicine (RITM)

National Kidney and Transplant Institute (NKTI)

Research Institute for Tropical Medicine (RITM)

National Reference Laboratory for TTIs

National Kidney and Transplant Institute (NKTI)

National Reference Laboratory for Immunohematology