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MTLBE R.A. 7719 N.

M BSMT 2

REPUBLIC ACT NO. 7719 Post-war, Red Cross Republic Act No. 10072
● National Blood Services Act of ● became a branch of the American ● the Philippine Red Cross Act of
1994. National Red Cross, organized by 2009, signed by former President
Filipino and American leaders Gloria Macapagal Arroyo
REPUBLIC ACT NO. 1517
● Regulating the Collection, President Manuel L. Quezon
Processing and Sale of Human ● initiated the independent Philippine
Blood and the Establishment and Red Cross in 1934
Operation of Blood Banks and
Blood Processing Laboratories. Dr. Horacio Yanzon
● After World War II, 36 Red Cross
2 Primary Agencies that Facilitate chapters were established
Blood Donation and Education nationwide.

1. Philippine National Red Cross Republic Act No. 95


2. Philippine Blood Coordinating ● the PRC Charter, signed by
Council President Manuel Roxas on March
22, 1947
Apolinario Mabini, February 17, 1899
● Established the National Mrs. Aurora Aragon Quezon
Association of the Red Cross ● appointed as chairman, and PRC
under his initiative. recognized internationally in 1947.

Mrs. Hilario del Rosario de Aguinaldo April 15, 1947


● Elected as the first president ● marks the inauguration of the PRC
in Malacañang Palace
Filipino Red Cross Society
● recognized in August 1900 during 50th anniversary
the Filipino-American War ● celebrated on April 15, 1997
MTLBE R.A. 7719 N.M BSMT 2

Philippine Blood Coordinating Council May 1994


(PBCC) purposes: ● R.A 7719 was approved through Section 3, R.A. 1517
the efforts of the council ● Operating a blood bank or blood
1. to disseminate correct information processing laboratory without a
to the public regarding the benefits R.A 7719 license from the Department of
and advantages of voluntary blood ● Promotes voluntary blood donation Health is prohibited, except in
donation; in the entire country and provides emergencies overseen by an
free importation of blood bank attending physician.
2. to motivate different sectors of the equipment, reagents, blood bags
society to donate blood voluntarily; and supplies for safer and blood ● Those already operating blood
products. facilities at the Act's approval can
3. to educate medical and continue if they obtain a license
paramedical personnel regarding Provisions of R.A. NO. 1517 within 60 days of issued
the proper utilization of blood; regulations.
Section 1, R.A. 1517
4. to promote the use of blood ● Prevent trafficking in human blood ● Licenses are granted based on
component therapy to utilize blood and its products and derivatives. adherence to scientific standards,
to the fullest; with licensed physicians
Section 2, R.A. 1517 overseeing and supervising blood
5. to improve blood banking ● Blood - refers to human blood and collection and processing.
procedures and policies; its products.

6. to promote the interchange of ● Person - includes corporations,


concepts and experiences in blood partnerships, associations and
donation and transfusion; and organizations. ● Compliance with established
● Cost - includes the purchase price requirements for blood banks and
7. to foster participation in of unprocessed blood and processing labs is mandatory for
international activities in blood associated handling charges, obtaining or renewing a license.
banking and transfusion. covering collection, processing,
storage, transportation, sale, with a Section 4, R.A. 1517
reasonable allowance for spoilage.
MTLBE R.A. 7719 N.M BSMT 2

● Blood banks and processing including imprisonment for a recruiting donors for material
laboratories shall be operated on a minimum of 1 MONTH and a consideration.
non-profit basis. maximum of 1 YEAR, or a fine
ranging from 100 to 1,000php Administrative Order No. 242, s. 1975
● Blood collecting or processing by pesos, or both, at the court's ● Amends section 5 of AO. NO. 184,
other collectors shall be a discretion. S. 1972, the cost of blood types:
non-profit. A&B and O is set at PHP 55.00 per
Administrative Order No. 156, s. 1971 500 cc and an additional PHP 5.00
● Blood shall be sold by banks and ● Covers the revised rules and is charged for the use of the plastic
laboratories and other blood regulations governing the bag.
collectors or processors and processing and sale of human
individual physicians at cost. blood and the establishment of Administrative Order No. 291, s. 1976
blood banks and blood processing ● Amends section 7 and 13
Section 5, R.A. 1517 laboratories. subsection of AO No. 156, s. 1971
● The Secretary of Health is
responsible for enforcing this Act ● Covers provisions on the collection a. Section 7, the additional provision
and will establish rules and and storage of blood, use of blood is that a physician may be allowed
regulations for its implementation. type “O” donor and recipient. to operate and manage a blood
bank provided he/she is registered
● These regulations may include Administrative Order No. 184, s. 1972 with the Board of Medical
maximum ceilings for handling ● Provisions pertaining to the Examiner to practice the medical
charges of blood, covering aspects operation of a blood bank with a profession in the Philippines.
like collection, processing, storage, license and the prohibition of any
transportation, and sale. person to contact and transfer b. Section 13, states that the
● A reasonable allowance for blood unless he/she is a registered requirements of a blood bank and
spoilage is to be considered as physician. blood processing laboratory,
part of the overall cost of blood. including supervision and
● No person, agency, and management must be carried out
Section 6, R.A. 1517 establishment shall engage in the by a registered and qualified
● Violations of this Act or its peddling of human blood and physician who is only allowed to
regulations may result in penalties,
MTLBE R.A. 7719 N.M BSMT 2

manage not more than 2 blood ● Nurses authorized to conduct c. to provide for adequate, safe,
banks. phlebotomy due to a shortage of affordable and equitable
medical technologists. distribution of supply of blood and
Administrative Order No. 293, s. 1976 ● Raises questions about the legal blood products;
● Contains only supplementary scope of practice and competency
provisions on the collection, for nurses. d. to inform the public of the need for
processing and sale of human voluntary blood donation to curb
blood and the establishment of a Legality of Selling Blood Bags: the hazards caused by the
blood bank and a blood processing ● Questioning the legality of selling commercial sale of blood;
laboratory. blood bags under R.A. 7719.
● Private individuals not authorized e. to teach the benefits and rationale
Penalties from the Revised Penal Code can face penalties for such sales. of voluntary blood donation in the
existing health subjects of the
● Imprisonment of not less than 12 PROVISIONS OF R.A NO. 7719 formal education system in all
years and one day nor more than public and private schools, in the
20 years or a fine of not less than PRELIMINARY PROVISIONS elementary, high school and
P50,000 nor more than P500,00 or ● Policy of the State: college levels as well as the
both at the discretion of the a. to promote and encourage non-formal education systems;
competent court. voluntary blood donation by the
citizenry and to instill public f. to mobilize all sectors of the
LEGAL ISSUES AND CONCERNS consciousness of the principle that community to participate in
blood donation is a humanitarian mechanisms for voluntary and
Compulsory Blood Donation Policy: act; non-profit collection of blood;
● Some blood banks require donors
for patients needing transfusions. b. to lay down the legal principle that g. to mandate the Department of
● Aims to maintain a continuous the provision of blood for Health to establish and organize a
blood bag supply, raising ethical transfusion is a professional National Blood Transfusion Service
concerns. medical service and not a sale of a Network in order to rationalize and
commodity; improve the provision of adequate
Nurses Performing Phlebotomy: and safe supply of blood;
MTLBE R.A. 7719 N.M BSMT 2

h. to provide for adequate assistance (Declaration of Policy in Section 2, e. Blood collection unit
to institutions promoting voluntary R.A. 7719). ● an institution or facility duly
blood donation and providing authorized by the Department of
non-profit blood services, either FOLLOWING TERMS Health to recruit and screen donors
through a system of and collect blood;
reimbursement for costs from a. Blood/blood product
patients who can afford to pay or ● refers to human blood, processed f. Voluntary blood donor
donations from governmental and or unprocessed and includes blood ● one who donates blood on one's
nongovernmental entities; components, its products and own volition or initiative and without
derivatives; monetary compensation;
i. to require all blood collection units
and blood banks/centers to operate b. Blood bank/center g. Department
on a non-profit basis; ● a laboratory or institution with the ● the Department of Health;
capability to recruit and screen
j. to establish scientific and blood donors, collect, process, h. Blood transfusion transmissible
professional standards for the store, transport and issue blood for disease
operation of blood collection units transfusion and provide information ● disease which may be transmitted
and blood banks/centers in the and/or education on blood as a result of blood transfusion,
Philippines; transfusion transmissible diseases; including AIDS, hepatitis-b, malaria
and syphilis;
k. to regulate and ensure the safety c. Commercial blood bank
of all activities related to the ● a blood bank that exists for profit; i. Secretary of Health
collection, storage and banking of ● the Secretary of Health or any
blood; and d. Hospital-based blood bank other person to whom the
● a blood bank which is located Secretary delegates the
l. to require the upgrading of blood within the premises of a hospital responsibility of carrying out the
bank centers to include preventive and which can perform provisions of this Act;
services and education to control compatibility testing of blood;
spread of blood transfusion j. Walking blood donor
transmissible diseases ● an individual included in the list of
qualified voluntary blood donors,
MTLBE R.A. 7719 N.M BSMT 2

referred to in Section 4, paragraph ● Non-monetary incentives for ● Aimed at respective members as


(e), who is ready to donate blood voluntary blood donors determined part of continuing medical
when needed in his/her community. by the Department education
(Definition of Terms in Section 3,
R.A. 7719). b. Promotion in schools PBCC : Philippine Blood Coordinating
● Emphasis on benefits and rationale Council
FUNCTIONAL PROVISIONS of voluntary blood donation in
school health subjects PSHBT : Philippine Society of
a. Public Education Hematology and Blood Transfusion
● Nationwide public education ● Inclusion in both public and private
campaign led by Department, schools at elementary, high school, PSP : Philippine Society of
PNRC, and PBCC and college levels Pathologists

● Involvement of various entities: ● Requirement for inclusion in PMA : Philippine Medical Association
government agencies, local non-formal education curricula by
government units, NGOs, medical the Department of Education, PAMET : Philippine Association of
organizations, hospitals, health Culture and Sportsmanship Medical Technologists
institutions, media, and other
sectors. c. Professional Education PNA : Philippine Nursing Association
● Encouragement for various
● Authorization for the Department to organizations (Department, PBCC, d. Establishment of Blood Services
allocate funds and seek financial PSHBT, PSP, PMA, PAMET, PNA) Network
support for blood collection and to conduct training ● Establishment of blood centers in
processing. every province and city nationwide
● Training focus: rational use of
● System of reimbursement for blood and blood products ● Framework: National Blood
costs, either from patients or Transfusion Service Network led by
donations from government/private ● Emphasis on merits of voluntary the Department in coordination
institutions. blood donation with PNRC
MTLBE R.A. 7719 N.M BSMT 2

● Promotion of blood collection in Section 4, R.A. 7719 (Promotion from other agencies and civic
diverse community areas like of Voluntary Blood Donation) organizations.
schools, businesses, barangays,
and military camps Section 5, R.A 7719 (National Voluntary Section 6, R.A 7719 (Upgrading of
Blood Services Program) Services and Facilities)
● Secretary sets standards for ● Planning and implementation of the ● Blood banks/centers mandated to
scientific and professional National Voluntary Blood Services offer preventive health services,
operation of blood banks/centers Program (NVBSP) by the including education and counseling
and collection units Department, in cooperation with on blood transfusion transmissible
PNRC, PBCC, and other diseases.
● Department provides training and government and non-government
technical assistance for voluntary entities ● Requirement for all government
donation programs in communities, hospitals, including devolved ones,
schools, businesses, barangays, ● Evolutionary approach to meet to establish voluntary blood
military camps, and local blood transfusion needs in all donation programs.
government units regions of the country
● Encouragement for private
e. Walking Blood Donors ● Funding sources: Department's hospitals to establish voluntary
● Encouragement of the walking budgetary allocation, Philippine blood donation programs.
blood donor concept in areas with Charity Sweepstakes Office
inadequate blood banking facilities (PCSO) with an initial amount of ● Department, in consultation with
P25,000,000. PSHBT and PSP, tasked with
● Requirement for all government establishing guidelines for the
hospitals, rural-health units, health ● Philippine Amusement and Gaming rational use of blood and blood
centers, and barangays in these Corporation (PAGCOR) with an products.
areas to maintain a list of qualified initial amount of P25,000,000.
voluntary blood donors ● Duty Free Shop (Duty Free Section 7, R.A 7719 (Phase-out of
Philippines) trust liability account Commercial Blood Banks)
● Inclusion of blood typing with an initial amount of ● All commercial blood banks shall
information for listed donors as per P25,000,000, and contributions be phased-out over a period of two
(2) years after the effectiveness of
MTLBE R.A. 7719 N.M BSMT 2

this Act, extendable to a maximum ● Blood bank/center management


period of two (2) years by the requires a licensed and qualified ● Rules will determine maximum
Secretary. physician authorized by the fees for blood provision, covering
Department. collection, processing, storage,
Section 8, R.A 7719 (Non-profit professional services, and a
Operation) Section 10, R.A 7719 (Importation of reasonable allowance for spoilage.
● Blood banks and centers are not Blood Bank Equipment, Blood Bags
intended to make a profit. They can and Reagents) Section 12, R.A 7719 (Penalties)
charge service fees, but these fees ● Blood bags and testing materials ● Upon complaint of any person and
are regulated by the Department imported tax- and duty-free after after due notice and hearing, any
and should only cover the essential the Act takes effect. blood bank/center which shall
costs associated with collecting collect charges and fees than the
and processing blood. ● Eligible entities include PNRC, maximum prescribed by the
blood banks, and hospitals active Department shall have its license
● Blood collection is restricted to in the National Voluntary Blood suspended or revoked by the
healthy voluntary donors. Services Program. Secretary.

Section 9, R.A 7719 (Regulation of ● Implementation governed by rules CONCLUDING PROVISIONS


Blood Services) and regulations established by the
● Unlawful to establish and operate a Department in consultation with the Section 13, R.A 7719 (Separability
blood bank/center without Department of Finance. Clause)
Department registration and ● If any provisions of this Act are
license. Section 11, R.A. 7719 (Rules and declared invalid, the other
● Emergency blood collection and Regulations) provisions hereof not affected
transfusion allowed in hospitals ● Implementation of the Act follows thereby shall remain in force and
without a license under specific rules set by the Secretary within 60 effect.
conditions set by the Department. days of approval.
● Department grants or renews Section 14, R.A 7719 (Repealing
licenses based on compliance with ● Existing rules for blood collection Clause)
prescribed standards. and banks remain unless amended ● This Act shall supersede Republic
by the Secretary. Act No. 1517 entitled "Blood Bank
MTLBE R.A. 7719 N.M BSMT 2

Act." The provisions of any law, Chapter 3 ● The provisions on the monitoring of
executive order, presidential ● covers voluntary blood donation national, regional, provincial, and
decree or other issuances and the composition, function, district hospitals are also covered.
inconsistent with this Act are training, and technical assistance
hereby repealed or modified of the program. ● It also presents the policies for
accordingly. blood bank service centers,
● It also includes the program's including the licensing of private
Administrative Order No. 09, s. 1995 promotion in schools, communities, and government hospitals with
● known as the "Rules and and professional education, in special mention to the monitoring
Regulations Implementing R.A. which the Professional Regulation of blood bank centers with special
7719" Commission (PRC), professional functions.
● (also known as National Blood organizations, and associations are
Services Act of 1994), took effect required to participate and play ● The Philippine National Red Cross
on May 12, 1995. It consists of their roles. is also assisted by the Department
nine chapters. of Health in providing blood bank
services and upgrading its services
and establishing linkages with
Chapter 1 Chapter 4 private and government hospitals.
● covers the designated name of the ● discusses the abolishment of blood Chapter 6
Order, scope, and definitions of services and networking involving ● provides options to commercial
terms. blood donor recruitment. blood banks, although a policy of
phasing out commercial blood
Chapter 2 Chapter 5 banks had been made, to solely
● "National Voluntary Blood Services ● lays down the provisions on clinical laboratories for the purpose
Program deals with the upgrading the services and of security of tenure of the
composition and functions of the facilities through the monitoring personnel.
Blood Program Committee and evaluation of subcommittees
including the field representatives by defining first their compositions Chapter 7
of the national Committee and the and functions. ● is concerned with the provisions of
DOH program management. a nonprofit operation of blood bank
services, but service fees may be
MTLBE R.A. 7719 N.M BSMT 2

charged in accordance with what ● is an amendment of


has been prescribed by the Administrative Order No. 09, s. ● (Sections 2 and 3, respectively);
department. 1995. promulgating rules and regulations
concerning the structural
Chapter 8 ● Such amendment pertains only to organization and management of
● contains provisions on blood bank the issuance of cellular phones and Philippine National Blood Services
services including the facilities, pagers to qualified personnel such and general guidelines that should
creation of blood bank centers, as the DOH Central Office and be observed by the personnel of
categories of blood bank service coordinators of the program. the Department
capabilities, blood collection units,
and blood stations. ● All monthly rental fees arising from ● (Sections 4 and 5, respectively);
the use of cellular phones and and operationalization and
● Included in this chapter are the pagers are chargeable to the management of the Philippine
provisions on new license program. National Blood Services including
requirements, qualifications of its staffing and equipment (Section
personnel, and recording, 6).
reporting, and documentation
requirements. ● The remaining sections cover the
Chapter 9 Administrative Order No. 2005-002 separability and effectivity clauses.
● presents the provisions on the ● contains rules and regulations
importation of blood bank service amending pertinent provisions of Administrative Order No. 2008-0008-A
equipment and facilities including Administrative Order No. 09, s. ● ensures accredited blood service
the inspection and tax exemption 1995. It consists of 24 sections. facilities with adequate staff and
application. personnel, equipment, and other
● including provisions on the resources in order to perform all
● The remaining chapter is rationale (declaring the policies of the functions effectively, safely, and
concerned with penalties and the State) of the establishment of efficiently for the protection and
violations of this Administrative Philippine National Blood Services promotion of health of the people.
Order. on January of 2005; scope and
coverage of blood bank services
Administrative Order No. 17, s. 1998 and definition of terms
MTLBE R.A. 7719 N.M BSMT 2

● Contained in this Order are


provisions on policy and guidelines
for the blood service facility

● (including the classification of


blood service facility into
ownership, institution character,
and service capability); provisions
on standards and technical
requirements.

● (covering the service fees,


application to "License to Operate")
and procedural guidelines of
"License to Operate," including
inspection, issuance of cense,
renewal, revocation, monitoring,
re-application, validity, and
violations.
● The remaining sections cover
provisions on investigation
procedures in case of violations,
appeal, and suspension of license,
closure, and effectivity clause.

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