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 RA no.

7170
 An act authorizing the legacy or donation of all or
part of a human body after death for specified
purpose
 Section 1: Title
◦ “Organ Donation Act of 1991”
 Section 2: Definition of Terms
◦ Organ bank storage facility
◦ Decedent
◦ Testator
◦ Donor
◦ Hospital
◦ Part
◦ Person
◦ Physician
◦ Immediate family of the decedent
◦ Death
 Section 3: person who may execute legacy
◦ Any individual, at least 18 years and of sound mind

 Section 4: person who may execute a


donation
◦ Spouse
◦ Son / daughter of legal age
◦ Either parent
◦ Brother or sister of legal age
◦ Guardian over a person of the decedent at the time
of his death
 Section 5: Examination of human body or part
thereof
◦ To assure acceptability of the legacy / donation
◦ An autopsy shall be conducted on the cadaver of
accident, trauma or other medico-legal cases
immediately after the pronouncement of death
 Section 6: Person who may become legatees
or donees
◦ Any hospital, physician or surgeon
◦ Any accredited medical or dental school, colleges or
universities
◦ Any organ bank storage facilities
◦ Any specified individual
 Section 7: Day of hospitals
◦ Shall train qualified personnel and staff to handle
the task of introducing the organ donation program
in a humane and delicate manner to the relatives of
the donor-decedent
 Section 8: Manner of executing a legacy
◦ Legacy of all part of the human body maybe made
by will
◦ Legacy of all part of the human body may also be
made in any document other the will
◦ The legacy may be made to specified the legatee or
w/o specifying the legatee
◦ The testator may designate in his will, card or other
document, the surgeon or physician who will carry
out appropriate procedures
 Section 9: Manner of executing a donation
◦ In the absence of any of the person specified under
Section 4 and in the absence of any document of
organ donation:
 Physician in charge of the patient
 The head of the hospital
 A designated officer of the hospital who has custody of
the body
◦ 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, this individuals exerted reasonable efforts
w/in 48 hours to locate the nearest relative
 Section 10:Persons authorized to remove
transplantation organs
◦ Only authorized medical practitioners in a hospital

 Section 11: Delivery of document of legacy or


donation
◦ The will, card or other document maybe delivered
by the testator / donor to the legatee or donee to
expedite the appropriate procedures immediately
after death
 Section 12: Amendment or revocation of legacy
or donation
 If the will, card or other document has been
delivered, the testator / donor may amend or
revoke the legacy or donation by:
◦ The execution and delivery to the legatee or donee of
signed statement to that effect
◦ An oral statement to that effect made in the presence of
two or other persons and communicated to the legatee
or donee
◦ A statement to that effect during a terminal disease or
injury addressed to an attending physician and
communicated to the legatee or donee
◦ A signed card or document to that effect found on the
person or effects on the testator or donor
 Section 13: Rights and duties after death
◦ The legatee or donee may accept or reject the
legacy or donation as the case may be. Of the
legacy or donation is a part of the body, the legatee
or donee, upon death of testator and prior
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
 Section 14: International sharing of human
organs or tissues
 Sharing shall be made only through exchange
programs duly approved by DOH
 Section 15: Information drive
 Section 16: Rules and regulations
 Section 17: Repealing clause
 Section 18: Separability clause
 Section 19: Effectivity

 Approved : January 7, 1992

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