Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16) CONGRESS
First Regular Session

House Bill No. __ 3228

Introduced by Honorable SCOTT DAVIES S. LANETE, M.

EXPLANATORY NOTE

Transplantation has prolonged and improved the quality of life of patients in need of
‘organ replacement. The traditional source of organ grafts has always been the deceased donors,
i.e. individuals who suffer severe irreversible brain injury with the rest of the body remaining
practically intact and “healthy.” However, the perennial lack of deceased organ donors has
continually hampered the widespread application of transplantation. The imbalance of supply
and demand has created the need to resort to other sources of grafts, such as living donors. Organ
donation from living donors, albeit, a noble act of charity, has been beset by numerous ethical
issues, it has unfortunately lent itself to abuse and has been tainted with commercialism in many
areas of the world and oftentimes has been associated with human trafficking,

On June 23, 2010 the Department of Health (DOH) attempted to address the situation by
establishing mechanisms to curtail organ sale and protect the living kidney donor through AO
No, 2002-0124 and AO No. 2008-0004-A. Despite the enactment of the Organ Donation Act in
1991 and the subsequent issuance of Administrative Orders, the potential of the use of deceased
donors has yet to be fully utilized.

The 2008 Declaration of Istanbul on Organ Trafficking and Transplant Tourism strongly
encouraged governments, in collaboration with health care institutions, professional and non-
governmental organizations, to take appropriate action to increase deceased organ donation,
remove obstacles and disincentives to deceased organ donation, enact legislation and create
transplantation infrastructure so as to fulfill each country’s deceased donor potential (Istanbul
Declaration 2008). Tackling the issue of human organ and tissue transplantation in the 63°
World Health Assembly, it was reported that “experience in countries with the most successful
deceased donor programs has shown the advantage of having strong national organizations that
can stimulate, coordinate and regulate donation and transplantation. Such organizations can
inform the public about the importance of sustaining a community resource that is built on
voluntary, unpaid donation of organs, tissues and cells rather than on the exploitation inherent in


‘organ purchases and that provides equitable access to all.” (63 World Health Assembly
provisional agenda item 11.21).

The potential of deceased donor organs is yet to be maximized in our country where the
estimated number of deaths due to accidents is about 8,000 per year (ADB-ASEAN Regional
Road Safety Program Accident Costing AC7 Report: Philippines). This bill is necessary to
institutionalize the development of a national system of promoting organ donation from deceased
donors and sharing of grafts through the creation of the Philippine Network for Organ Sharing
(PHILNOS), which shall implement a system of timely referral and processing of potential
multiple organ donors, uphold equitable allocation, efficient procurement and transplantation of
organs from deceased donors,

In view of the foregoing, immediate passage of this bill is earnestly requested

HON. SCOTT DAVIES S. LANETE, M.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (ie™) CONGRESS:
First Regular Session

House Bill No. 3993

Introduced by Honorable SCOTT DAVIES S. LANETE, M.D.

AN ACT
ESTABLISHING A NATIONAL PROGRAM FOR SHARING OF
ORGANS FROM DECEASED DONORS AND APPROPRIATING
FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Zitle ~ This Act shall be known as the “National Program for Sharing Organs
from Deceased Donors Act,” otherwise known as “Deceased Organ Donor Act of 2013”.

SECTION 2. Policy - The State shall protect and promote the right to health of the people
and instill health consciousness among them. It recognizes the importance of an active deceased donor
program in providing valuable treatment to those with kidney failure as well as in protecting the
vulnerable sectors of society from the potential for abuse of living organ donors. It maintains that the
human body or parts thereof, is beyond the commerce of man and shall prohibit any
‘commercialization in the handling of organs for transplantation. The State shall respect the desire of
citizens to donate organs and shall ensure that the consent process is informed and purely voluntary. It
recognizes the family’s right to make a choice by having access to complete information, including the
positive impact that the act of organ donation will have on fellow Filipinos

SECTION 3. Creation and Nature of the Corporation. It is hereby created the Philippine
Network for Organ Sharing Corporation (PHILNOS), which shall have the status of a tax-exempt
government corporation attached to the Department of Health for policy coordination and guidance. It
shall facilitate a national system of promoting organ donation from deceased donors and sharing of
organs. It is tasked to serve as the central coordinating body for all deceased organ donation and
transplantation activities in the country

SECTION 4. Records and Reports. The PHILNOS shall keep and cause to keep such records
as may be necessary for the purpose of making actuarial studies, calculations and valuations of the
funds of the Corporation. The PHILNOS shall maintain appropriate books of accounts to record its


assets, liabilities, income, expenses, receipts and disbursement of funds and other financial
transactions and operations.

SECTION 5, Examination and Valuation of the Funds. The PHILNOS shall make a periodic
actuarial examination and valuation of its funds in accordance with accepted actuarial principles

SECTION 6. Exemptions from Taxes and Duties. It is hereby declared to be the policy of the
State that the actuarial solvency of the funds of the PHILNOS shall be preserved and maintained at all
times. The PHILNOS, its assets, revenues including all accruals thereto, and any donation,
contribution, bequest, subsidy or financial aid which may be made to the Corporation shall be exempt
from all taxes, assessments, fees, charges, or duties of all kinds.

Moreover, said donation, contribution, bequest, subsidy or financial aid which may be made to
the Corporation shall constitute as allowable deduction from the income of the donor for income tax
purposes and shall be exempt from donor's tax, subject to such conditions as provided for in the
National Internal Revenue Code, as amended.

SECTION 7, Administration,

a) Implementing Body. The Philippine Network for Organ Sharing (PHILNOS) shall
implement the provisions of this Act

b) Powers and Functions of the PHILNOS. The PHILNOS shall exercise the following
powers and functions

1) Toadminister and supervise the implementation of this Act;

2) To formulate, adopt, amend and/or rescind such rules and regulations as may be
necessary to carry out the provisions and purposes of this Act, as well as the
effective exercise of the powers and functions, and the discharge of dutics and
responsibilities of the PHILNOS, its officers and employees;

3) To manage the national deceased donor program, ensuring effectiveness, efficiency,
equity and transparency in the national system of allocation of deceased organs;

4) To initiate and implement programs that will increase awareness and acceptance of
deceased organ donation and transplantation, and that will increase the number of
‘organs from deceased donors for transplantation;

5) To formulate and implement the policies that will promote the ethical practice of
deceased organ donation and transplantation;

6) To supervise all functions of organ procurement organizations;

7) To serve as an advisory body to the President of the Philippines and to relevant
government agencies, in all policies pertaining to organ donation and transplantation;

8) To adopt and approve the annual and supplemental budget of receipts and
expenditures including salaries and allowances of the PHILNOS personnel;

9) To authorize such capital and operating expenditures and disbursements of the
PHILNOS as may be necessary and proper for the effective management and
‘operation of the Corporation;


10)

1)

12)
13)

14)

15)

16)

17)

18)

To invest the funds of the PHILNOS, directly or indirectly, in accordance with the
provisions of this Act, and all applicable laws and rules and regulations.

To conduct continuing actuarial and statistical studies and valuations to determine
the financial condition of the PHILNOS, and taking into consideration such studies
and valuations and the limitations herein provided, re-adjust the allocation or re-
allocation of the funds to the agency or organization covered;

To sue and be sued;

To enter into, make, perform and carry out contracts of every kind and description
with any person, firm or association or corporation, domestic or foreign;

To carry on any other lawful business whatsoever in pursuance of, or in connection
with the provisions of this Act,

To have one or more offices in and outside of Metro Manila,
business and exercise its powers throughout and in any part of the Republic of the
Philippines;

To enter into agreements with the Philippine Health Insurance Corporation or any
‘other entity, enterprise, corporation or partnership for the benefit of Filipino
patients needing organ transplantation;

To submit to the President of the Philippines and to both Houses of Congress its
Annual Report, and to make such report available to the general public, The report
shall contain the status of the PHILNOS Fund, its total disbursements, reserves,
average costing to Organ Procurement Organizations (OPO), and any request for
additional appropriation. It should also contain data that ensures the transparency
of the allocation process for deceased organs and all other data pertinent to the
implementation of the national deceased donor program.

To exercise such powers and perform such other acts as may be deemed appropriate,
useful, incidental or auxiliary to carry out the provisions of this Act, or to attain the
purposes and objectives of this Act.

SECTION 8. QuasivJudicial Powers. The PHILNOS, in order to carry out its tasks more
effectively, shall be vested with the following powers:

a) Conduct investigations for the determination of a question, controversy, complaint, or
unresolved grievance brought to its attention relating to deceased organ donation or organ
transplantation, and render decisions, orders, or resolutions thereon. It shall proceed to
hear and determine the case even in the absence of any party who has been properly
served with notice to appear. It shall conduct its proceedings or any part thereof in public
or in executive session; adjourn its hearings to any time and place, refer technical matters
‘or accounts to an expert and to accept his reports as evidence; direct parties to be joined in
or excluded from the proceedings; and give all such directions as it may deem necessary
or expedient in the determination of the dispute before it;

b)

Issue summons and/or subpoenas requiring the attendance and/or testimony of parties to a
controversy or witnesses, or the production of documents and other materials necessary to
a just determination of the case under investigation;


©) Temporary suspension or permanent revocation of license, and/or imposition of fines after
due notice and hearing. The decision shall immediately be exccutory, even pending
appeal, when the public interest so requires, and as may be provided for in the
implementing rules and regulations.

The revocation of an OPO’s accreditation shall disqualify it from obtaining another
accreditation in its own name, under a different name, or through another entity, whether natural or
juridical

In the exercise of its quasi-judicial powers, the Corporation shall not be bound by the technical
rules of evidence

SECTION 9. Coverage - This Act shall cover all government and private hospitals, health
facilities, organ procurement organizations, medical and allied medical professionals, foundations,
non-government organizations and other government units that are involved or have relevant roles in
‘organ transplantation in the Philippines.

SECTION 10. Definition of Terms.

a) Attending Physician (AP) is the primary physician responsible for both the care and
management of the potential multiple organ donor.

b) Brain Death (BD) is the irreversible cessation of all functions of the entire brain,
including the brain stem.

©) Death is the irreversible cessation of circulatory and respiratory functions or the irreversible
cessation of all functions of the entire brain, including the brain stem, which is determined in
accordance with acceptable medical practice and diagnosed separatcly by the attending
physician and another consulting physician, both of whom must be appropriately qualified
and suitably experienced in the care of such patients,

d) Decedent refers to a deceased individual, and includes a still-born infant or fetus.

©) Donor Service Area (DSA) refers to the territorial jurisdiction of an organ procurement
organization as may be designated by the PHILNOS.

f) Gift or Incentives refers to money in any form (i.e. cash, check or its equivalent in kind)
that is given and considered unduly beneficial to the recipient.

2) Organ Procurement is the administrative procedure involved in the acquisition of organs
for transplantation through various programs, systems, or organizations. It includes
obtaining consent, donor management, and arranging for transportation of donor organs to
the hospital for processing and transplant.

h) Organ Procurement Organization (OPO) is a PHILNOS accredited non-profit
organization, independent or hospital-based, licensed and authorized by the DOH to
procure organs for transplantation. The OPO is responsible for the procurement of organs
from deceased donors from hospitals, including preservation and transportation of such

organs.


i) Organ Transplant Candidate (OTC) is a patient diagnosed with an end-stage-organ-
disease and is qualified to receive an organ graft.

\) Organ-Specific Allocation Scoring System (OSASS) is the national scoring system by
which allocation of organs/grafts from deceased donors shall be based

k) Philippine Organ Donor and Recipient Registry System (PODRRS) is the web-based
electronic utility used by the PHILNOS contractor to conduct its business. The PODRRS
comprises of the national database of all organ transplant candidates, organ transplant
recipients, and organ donors, and all other software, applications and security architecture
needed for the collection, modification, validation, reporting, management and
redundancy of data associated with the tasks and activities of the PHILNOS.

1) Host OPO is the particular OPO which, having received an organ donor call from a
referring hospital, assumes responsibility for organ procurement.

m) Potential Multiple Organ Donor (PMOD) is any patient who will imminently become
brain dead, or who currently meets the criteria for brain death

n)

Referring Hospital (RH) refers to any hospital that identifies and refers potential
deceased organ donors to PHILNOS.

0) Testator is an individual who makes a legacy of all or part of his body.

p) Transplant Center (TxC) refers to any hospital which is duly accredited by the
Department of Health (DOH) to perform organ transplantation.
4) Transplant Coordinator (IC) refers to the designated trained health care professional who

takes the central role and acts as liaison between the referring hospital and the retrieval and
transplant team members in processing a potential organ donor.

1) Procurement Transplant Coordinator (PTC) is the TC who shall have the responsibility of
coordinating the donor's evaluation, management, and recovery of organs for transplantation.

5

Clinical Transplant Coordinator (CTC) is the TC who shall have the responsibility of
coordinating the transplant candidate's evaluation, management, and follow-up care

p

Transplant Doctor is a licensed physician who is involved in the management of a
transplant candidate or recipient.

‘TION 11. The Board of Directors.

a) Composition. The corporate powers and functions of the PHILNOS shall be vested in and
exercised by Board of Directors hereinafter referred to as the Board, and shall be
composed of seven (7) members as follows:

1) The Sceretary of Health;
2) The President of the Corporation;
3) The Chairman of the National Transplant Ethics Committee;


4) Two (2) representatives of professional organizations related to transplantation,
including but not limited to Philippine Society of Nephrology (PSN) and
Philippine Society of Transplant Society (PSTS);

5) A representative of the patient group; and
6) A representative of PhilHealth

‘The Secretary of Health shall be the ex officio Chairperson, while the President of
the Corporation shall be the Vice Chairperson of the Board.

b) Appointment and Tenure ~The President of the Philippines shall appoint all the Members
‘of the Board upon the recommendation of the Chairperson of the Board and in
consultation with the sectors concemed. Members of the Board shall have a term of four
(4) years each, renewable for a maximum of two (2) years, except for members whose
terms shall be co-terminus with their respective positions in government, Any vacancy in
the Board shall be filled in the manner in which the original appointment was made and
the appointee shall serve only the unexpired term of his predecessor.

©) Meetings and Quorum ~ The Board shall hold regular meetings at least once a month.
Special meetings may be convened at the call of the Chairperson or by a majority of the
members of the Board. The presence of four (4) voting members shall constitute a
‘quorum. In the absence of the Chairperson and Vice Chairperson, a temporary presiding,
officer shall be designated by the majority of the quorum,

4d) Allowances and Per Diems ~ The members of the Board shall receive a per diem for every
meeting actually attended, subject to the pertinent budgetary laws, and rules and
regulations on compensation, honoraria and allowances.

SECTION 12. The President of the Corporation.
a) Duties ancd Functions ~The President shall have the duty of advising the Board and effecting
the policies and decisions. His functions are as follows:
1) toactas the chief executive officer of the PHILNOS:

2) tobe responsible for the general conduct of the operations and management functions
of the PHILNOS; and

3) toexecute any other duties assigned to him by the Board.

b) Qualifications — The President must be a Filipino citizen and must possess adequate and
‘appropriate training with at least (3) years of experience in the field of healthcare management.

©) Salary ~The President shall receive a salary to be fixed by the Board, with the approval of the
President of the Philippines, payable from the funds of the Corporation, subject to applicable
Jaws and rules and regulations on compensation of officers of government-owned or controlled
corporations

4d) Prohibition — To avoid conflict of interest, the President must not be a physician in active
‘medical practice during his term. Neither shall he be involved in any capacity with any OPO
and/or health care institution.


In the event that the President is a transplant doctor, he shall only be allowed to retum to active
medical practice twelve (12) months from the date of termination of his term.

SECTION 13. Executive Department Composition. The Executive Department shall be composed
of the President of the Corporation and the Heads of the departments which shall be the following:

a) Accreditation and Training Department shall handle the accreditation of the OPO, including
its quality assurance and standardization. It shall also provide training and certification of TCs.

b) Ethics and Legal Affairs Department shall handle ethical and legal matters.

©) Finance Department shall handle standardization of organ acquisition costs including
system of reimbursement for the OPO members and auditing of financial statements in
relation with OPO transactions.

d) Information and Advocacy Department shall handle lay education, information
dissemination and media concerns.

©) Registry Department shall handle registry and research,
Other departments may be formed upon the discretion of the Board of PHILNOS.

ECTION 14. The External Audit Department, The Extemal Audit Department shall conduct a
periodic review and audit of the operations of PHILNOS, with special emphasis on organ allocation
procedures. It shall submit its annual audit report to the PHILNOS Board and Office of the President of the
Philippines, and make these reports available to the general public.

This department shall be composed of designated representatives fiom PhilHealth, OPO,
‘Transplant Hospital, Public Sector and from professional organizations related to transplantation,
including but not limited to the PSN and PSTS.

SECTION 15. Organ Procurement Organization.

a) Main Function. Organ procurement shall be performed only by accredited and licensed
OPOs.
b) Requirements - All OPOs must secure the following prior to starting operations:

1) alicense to operate from the DOH; and
2) a permit from PHILNOS to operate in a particular DSA.

c) Duties and Responsibilities - OPOs are required to fulfill the following dutics and

responsibilities:
1) Respond to call from RH within his DSA and subsequent evaluation of the PMOD for
eligibility;

2) Discuss organ donation with the potential donor's family;
3) Obtain consent for donation and for removal of the organs;
4) Management of organ procurement within its DSA;


6)
u)
8)
9

10)
1)

12)

Reporting to PHILNOS the availability of a PMOD immediately after consent for
donation is obtained;

Fulfillment ofall medico legal requirements;
Appropriate preservation, and packaging of the organs;
Assurance that adequate tissue typing material is procured, divided, and packaged:

Assurance that written documentation of donor evaluation, donor maintenance, consent
for donation, death pronouncement, and organ procurement quality accompanies the
organ;

Cooperation and coordination with other OPOs;

Promotion of deceased organ donation through education and information
dissemination; and

Adherence to all DOH and PHILNOS rules and regulations.

4) Temporary Suspension of license - An OPO’s license to operate can be suspended by PhilNOS
for failure to:

)
2
3)
4)

Respond to calls from Referring Hospitals (RH);

Procure an available organ;

Fulfill reportorial requirements; or

Non-compliance with the PHILNOS rules and regulations,

©) Permanent Revocation of License- An OPO’s license can be revoked by PHILNOS for any of
the following reasons:

1) Repeated violation of PHILNOS rules and regulations;
2) Violation of Republic Act No. 9208, otherwise known as Anti-Trafficking Law, or
3). Violation of Section 22 of this Act.

‘The Corporation, through its Board, after consultation with professional medical
organizations, may provide for additional grounds for the revocation of an OPO’s license.

f) Designation of DSA. ‘The designation of the DSA shall be guided by the following:

1) Geographical proximity;
2) Technical capacity; and
3) Quality of service

SE

ION 16. Reporting of Brain Death. All patients with brain death in a tertiary hospital

within the DSA of an OPO are to be considered potential multiple organ donors (PMOD) and as such,
should be reported by the hospital to the designated OPO.

All tertiary hospitals, be it government or private, in the country are required to include the
number of brain death cases in their annual report.


SECTION 17. Brain Death Certification.

a)

b)

°)

d)

Organs may be procured only from patients who have been declared to have suffered brain
death and have a prior written intention to donate their organs (such as an organ donor
card or will) or whose legal next of kin has given consent for organ donation

‘The DOH, in consultation with an appropriate professional organization such as the
Philippine Neurological Association (PNA), shall establish and promulgate the acceptable
parameters for declaring the occurrence of brain death (BD). Such criteria may be reviewed
and/or modified as deemed appropriate by the members of the PNA or upon request by the
PHILNOS.

Certification of BD shall be done separately by two (2) physicians, both of whom must be
appropriately qualified and suitably experienced in neurological assessment for the diagnosis of
brain death.

‘The death certificate should be signed at the time of brain death certification,

SECTION 18. Consent for Deceased Organ Donation

a)

b)

°)

d)

°)

‘Consent for donation shall be obtained by the PTC and shall be done only after the issuance of
the BD certificate. Laboratory examinations shall commence only after consent for donation is
secured,

Consent for deceased organ donation must be obtained from the legal next-of-kin of the
PMOD in the following order of priority, as stipulated in Republic Act No. 7170,
otherwise known as the Organ Donation Act of 1991

1) Spouse;

2) Son or daughter of legal age;

3) Either parent;

4) Brother or sister of legal age; or

5) — Guardian over the deceased person at the time of death

In the absence of the legal next-of-kin of the PMOD and in the absence of any document
of organ donation, the physician in charge of the patient, the head of the hospital or a
designated officer of the hospital who has custody of the body of the deceased classified
as accident, trauma, or other medico-legal cases, may authorize 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, that the physician, head of hospital or officer designated by the
hospital for this purpose has exerted reasonable efforts, within forty-eight (48) hours, to
locate the nearest relative listed in Section 18b hereof as stipulated in R.A. No. 7170.

To guarantee the priority of a decedent's wishes over the decedent's family members with
respect to their objections to organ donation, all hospitals and emergency personnel shall
be mandated to develop procedures of “routine inquiry/required request’ that wil lit
from the patient, upon admittance to the hospital, or their families, at patient's death,
about organ donation. If the patient expresses the intent to donate his or her organs, that
information is added to the patient's record

‘The following documents, or advance directives, shall be recognized and honored as
expressions of the testator’s legacy or desire to donate his organs upon his death:


1) Organ Donor Card (ODC) which shall have the following elements:
i Signature and/or fingerprint mark of testator;
ii, Signature and/or fingerprint mark of one witness; and
iii, Date the ODC was signed.

PHILNOS shall release a universal ODC that shall bear the PHILNOS logo and a
provisional space for the logo of the TxC or OPO where the ODC was obtained.

2) Driver's License;

3) Living Wills. Living wills provide instructions for someone's medical care if that
person becomes incapacitated or otherwise unable to make decisions for hi
or herself, State statutes regulate living wills. In most cases, a LIVING WILL can
direct that one's organs or tissues be taken and donated if medically appropriate. If
individuals execute a living will, itis advisable for them to inform their physicians
and their families of its existence.

4) Durable Powers of Attorney for Health Care. A durable POWER OF ATTORNEY
for health care names someone, the individual's "agent," to make important
decisions regarding that person's health care should the person become
incapacitated. These documents can instruct the person's agent to donate the
person's organs or tissues upon the person's death, As with living wills, the
durable power of attorney for medical care is only effective if, in addition to the
agent, the family and the person's physician know of its existence

5) Advanced Care Medical Directive. An advance care medical directive (ACMD)
combines some features of the living will and the durable power of attorney for
health care. An ACMD allows individuals to provide instructions for the type of
care they do or do not want in a number of medical scenarios. These documents
need to be created in consultation with their physician.

6) Video-tape of oral attestation

SECTION 19. Examination of Human Body or Part Thereof. A legacy or donation of all or
part of a human body authorizes any examination necessary to assure medical acceptability of the
legacy or donation for the purpose(s) intended.

For purposes of this Act, all the necessary laboratory examinations, i.e. not autopsy shall be
conducted on the cadaver of accident, trauma, or other medico-legal cases immediately after the
pronouncement of death to determine viability and/or quality of human organs that will be utilized for
transplantation and/or in furtherance of medical science.

SECTION 20. Knroliment of the Organ Transplant Candidate. All OTCs shall be enrolled

according to established criteria per organ. They shall be registered in the Philippine Organ
Donor and Recipient Registry System (PODRRS) through their respective TxCs.

10


SECTION 21. Organ Allocation.

a)

b)
°)

d)

Only the enrolled OTC shall be eligible to receive an organ retrieved from the deceased
donor.

Only PHILNOS shall have the authority to allocate all retrieved organs in the country,

PHILNOS shall oversee the formulation and implementation of each and every allocation
scoring system for each graft that shall form the basis for the allocation of individual
organs/grafts. Such a scoring system shall be formulated through broad-based
consultation and should be consistent with current international and national ethical and
scientific standards.

PHILNOS shall ensure the transparency of the implementation of the Organ-Specific
Allocation Scoring System (OSASS) through daily electronic monitoring and audit

All OSASS are subject to periodic review and revision as deemed appropriate and as
recommended by PHILNOS and/or by related professional organizations such as but not
limited to the Philippine Society of Nephrology and Philippine Society of Transplant
Surgeons

SECTION 22, Organ Transplantation

a)

b)

°)

d)

°)

oD)

Organ transplantation can be performed only in accredited and licensed T>

‘The DOH, through the PHILNOS, shall formulate and implement the accreditation
requirements for TxC, define their functions, monitor their operations and ensure their
compliance with all government regulations

Organ transplantation can be carried out only by medical professionals accredited by the
appropriate professional medical organizations.

PHILNOS shall ensure that all medical and paramedical personnel involved in
transplantation shall comply with pertinent government regulations.

No TxC may perform a transplant procedure using an organ from a deceased donor that
has not been allocated through PHILNOS.

Organ transplantation with deceased donor shall be carried out at the TxC of choice of the
OTC. The organ transplantation shall also be performed by the transplant team of choice
of the OTC

SECTION 23. Non-Commercialization of Donated Organs, Incentives and Recognitions
Organs should only be donated freely, without any monetary payment. Purchasing, or offering to
purchase organs for transplantation is prohibited. PHILNOS shall formulate guidelines to ensure that
any gifts or rewards are not, in fact, disguised forms of payment for donated organs.

a)

b)

AIL OPOs have the option to give recognition to the family or next-of-kin of the deceased
organ donor and/or to the deceased organ donor through a commemorative token or
ceremony that has a monetary value not greater than the amount that shall be stipulated
by PHILNOS.

All OPOs shall not offer or give any gift to the family or next-of-kin of the PMOD in
anticipation or in exchange for organ donation

n


c) To further increase awareness on deceased organ donation, a nominated week during the
calendar year shall be declared as National Organ Donation Awareness Week when
PHILNOS, OPOs and/or hospitals will be holding activities pertaining organ donation,

SECTION 24, Education. The Department of Education shall mandate the inclusion of organ
donation awareness in the national high school curriculum. The Commission on Higher Education
(CHED) shall mandate the inclusion of organ donation awareness in all medical and paramedical
courses including, but not limited to, Medicine, Nursing, Physical Therapy, Occupational Therapy,
Respiratory Therapy, Radiation Technology and Medical Technology

SECTION 25. Driver's License. The Land Transportation Office is mandated to provide
information on organ donation to all applicants for a license to operate a motor vehicle, It is required
to include a query regarding consent for organ donation in case of brain death in all drivers

SECTION 26. Air Transport.

a) The Civil Aviation Authority of the Philippines (CAAP) under the Department of
‘Transportation and Communication (DOTC) and the DOH shall jointly formulate
‘guidelines that shall govern the transport of procured organs through commercial airlines.

b) The CAAP shall ensure the compliance of all registered commercial airlines with the
regulations allowing transport of procured organs,

“TION 27. Violations and Sanctions. Non-compliance with the policy guidelines stated in
this Act shall be ground for suspension or revocation of license of the Hospital or Transplant Center,
or organ procurement organization subject to the implementing rules and regulations to be established.
Any violations by erring professionals ~ doctors, nurses, transplant coordinators - shall be investigated
by the Department of Health and the Professional Regulations Commission, for appropriate
administrative sanctions

SE

a) Initial Appropriation - Congress shall appropriate the amount of Forty Million Pesos
(P40,000,000,00) for the initial implementation of this Act.

ION 28. Appropriation

b) Subsequent Appropriations - The following year after the initial appropriation, and
succeeding years thereafter, the appropriation for PHILNOS shall be included in the
regular budgetary allocation for the Department of Health, until such time that the
Corporation shall be self-sustaining through its own funding,

©) Additional Appropriations ~ DOH may request Congress to appropriate supplemental
funding for PHILNOS in order to meet targeted milestones of this Act, as may be deemed
necessary by the Corporation.

“TION 29. Financing.
a) A standard Organ Acquisition Cost shall be determined by PHILNOS.

b) PhilHealth shall develop a benefit package for the reimbursement of the organ
acquisition cost to the Host OPO for every organ transplantation event that occurs.

©) To be included in the PODRRS list, a potential transplant recipient of PHILNOS shall
pay a one-time, non-refundable registration fee

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d) PHILNOS shall be given authority to conduct tax-exempted fund-raising activities that
will help augment the revolving fund for organ acquisition.

SECTION 30. Funds of the PHILNOS. -

a) Funds - All income derived from registration fees, donations or from fund-raising
activities shall be utilized solely for the continuous operations of PHILNOS

‘The funds of the PHILNOS shall not be used for purposes other than what are provided
for under this Act. Moreover, no portion of the funds of the PHILNOS or income thereof
shall accrue to the General Fund of the national government and its political
subdivisions, instrumentalities and other agencies including government-owned and
controlled corporations except as may be allowed under this Act

b) Deposits and Disbursements. All revenues collected and all accruals thereto shall be
- deposited, administered and disbursed in accordance with the law. A maximum expense
loading of seventy percent (70%) of the yearly revenues from all sources may be
disbursed for administrative and operational expenses except as may be otherwise
approved by the President of the Philippines on the basis of actuarial and management
studies
©) Investment of Funds. - The funds of the PHILNOS which are not needed to meet its
current obligations may be invested under such terms and conditions and rules and
regulations as may be prescribed by the Board: Provided, That investments shall satisfy
the requirements of liquidity, safety/security and yield in order to cnsure the actuarial
solvency of the funds of the PHILNOS: Provided, further, That the PHILNOS shall
submit an annual report on all investments made to both Houses of Congress of the
Philippines, and to other agencies as may be required by law, such as

(a) in interest-bearing bonds or securities or other evidence of indebtedness of the
Government of the Philippines;

(b) in interest-bearing deposits or securities in any domestic bank doing business in the
Philippines: Provided, That in the case of such deposits, there shall not exceed at any
time the unimpaired capital and surplus or total private deposits of the depository bank,
whichever is smaller: Provided, further, That the said bank has prior designation as a
depository for the purpose by the Monetary Board of the Central MonetaryAuthority;

(©) in real estate property including shares of stocks involving real state property and
investments secured by first mortgages on real estate or other collaterals acceptable to the
PHILNOS: Provided, That such investment shall, in the determination of the Board,
redound to the benefit of the Corporation, its members as well as the general public;

(@ in loans to, or in bonds, debentures, promissory notes or other evidence of
indebtedness of any solvent corporation created or existing under the laws of the
Philippines;

(c) in common and preferred stocks of any solvent corporation or financial institution
created or existing under the laws of the Philippines listed in the stock exchange with
proven track record of profitability over the last three (3) years and payment of dividends
at least once over the same period; and

B


(f) in domestic mutual funds including investments related to the operations of mutual
funds.

SECTION 31. General Provisions.

a) Dispensation of PHILNOS funds. PHILNOS shall pay for the expenditures of all
Organ Donation Events that have been performed/processed by authorized OPOs
within their DSAs, provided, that all requirements are submitted to PHILNOS within
sixty (60) days from date of Organ Procurement

Compensation for the staff and board members of PHILNOS shall be drawn from the
Corporation’s own funds upon such time that it has been deemed self-sustaining.

PHILNOS shall also provide for the funding of memorial gardens, medallions,
and similar tokens as recognition for the noble act of organ donors.

4) Development and Disposition of Acquired Assets. PHILNOS shall have the right to
develop and dispose of its acquired assets obtained in the ordinary course of its
business, To add value to, improve profitability of, and/or enhance the marketability
of an acquired asset, PHILNOS may further develop/renovate the same either with its
‘own capital or through a joint venture arrangement with private companies or
individuals

PHILNOS may sell its acquired assets in accordance with existing Commission on
Audit (COA) rules and regulations for an amount not lower than the current market
value of the property. For this purpose, PHILNOS shall conduct an annual appraisal
of its property or acquired assets to determine its current market value. All notices of
sale shall be published in newspapers of general circulation.

No injunetion or restraining order issued by any court, commission, tribunal or office
shall bar, impede or delay the sale and disposition by PHILNOS of its acquired
assets, except on questions of ownership and national or public interest.

SECTION 32. Implementing Rules and Regulations. PHILNOS, in consultation with relevant
medical societies and government agencies, shall promulgate the necessary Implementing Rules and
Regulations within three (3) months from the Effectivity of this Act.

SECTION 33. Separability Clause. If for any reason any section or provision of this Act is
held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby

SECTION 34. Repealing Clause. All laws, presidential decrees, executive and administrative
orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly

SECTION 35. Fffectivity. This Act shall take effect fifteen (15) days from the date of its
publication in at least three (3) national newspapers of general circulation,

Approved,

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