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Republic of the Philippines RECEIVEp 2
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EIGHTEENTH CONGRESS
First Regular Session

5814
House Bill No. __

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INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
AMENDING REPUBLIC ACT NO. 7719, OTHERWISE KNOWN AS THE
NATIONAL BLOOD SERVICES ACT OF 1994, PROMOTING VOLUNTARY
BLOOD DONATION, PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE
BLOOD, REGULATING BLOOD BANKS, AND PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Blood transfusions in the Philippines reach more than 2,000 blood units
in a day, with an estimated of 1 million blood units needed every year to address
victims of accidents, natural disasters, or other grave illnesses. The Department
of Health urges Filipinos to donate blood and help increase the supply in the
blood banks in preparation for high demand.

Blood donation is beneficial for both donor and receiver. It helps reduce
the risk of getting cardiovascular diseases, and lessens the chances for heart
attacks, strokes, and hypertension because it decreases blood pressure and
cholesterol levels.

In addition, blood donation helps regenerate new blood cells and regulates
iron levels in the blood. Moreover, donating blood allows donors to undergo a
free health examination that checks their pulse, blood pressure, and hemoglobin
and cholesterol levels.

As blood is primarily free, it should not be used to make profits in exchange
for saving a life. Charging minimal fees is acceptable as they help maintain and
sustain blood bank facilities, but to use blood donation to take advantage and


gain profit is highly unacceptable. This bill seeks to safeguard the significance of
voluntary blood donation.

In view of the foregoing, the passage of this bill is earnest! ily —
Yann VARGAS


Republic of the Philippines
House of Representatives
Quezon City, Aleteo Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5814

INTRODUCED BY
REP. ALFRED VARGAS

=.)

AN ACT
AMENDING REPUBLIC ACT NO. 7719, OTHERWISE KNOWN AS THE
NATIONAL BLOOD SERVICES ACT OF 1994, PROMOTING VOLUNTARY
BLOOD DONATION, PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE
BLOOD, REGULATING BLOOD BANKS, AND PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES

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

SEC. 1. - Sec. 3 of Republic Act No. 7719, otherwise known as the National Blood

Services Act of 1994, is hereby amended by adding the following definitions after
Subsection (j) to read as follows:

“SEC, 3. Definitions. - For purposes of this Act, the following terms shall
mean:

“a) xxx;
XXX;
“xxx.

“K) AUTHORIZED BLOOD SERVICE FACILITY - A UNIT, AGENCY
OR INSTITUTION PROVIDING BLOOD PRODUCTS, EITHER AS
BLOOD STATION, BLOOD COLLECTION UNIT, HOSPITAL BLOOD


BANK AND BLOOD CENTER (NATIONAL, SUB-NATIONAL AND
REGIONAL); THE FOLLOWING ARE THE AUTHORIZED BLOOD
SERVICE FACILITIES IN THE PHILIPPINES: THE PHILIPPINE
BLOOD CENTER, SUB-NATIONAL BLOOD CENTERS, REGIONAL
BLOOD CENTER (INCLUDING LOCAL GOVERNMENT UNITS), AND
THE PHILIPPINE RED CROSS UNDER THE PHILIPPINE NATIONAL
BLOOD SERVICES NETWORK. THE FOREGOING ENUMERATION
SHALL NOT BE EXCLUSIVE AND MAY BE UPDATED AS
NECESSARY BY THE DEPARTMENT.

“L) EMERGENCY SITUATIONS - EMERGENCY BLOOD
TRANSFUSIONS AS DEFINED BY DEPARTMENT OF HEALTH
STANDARDS.

SEC. 2. A new SEC. 12 is hereby inserted in Republic Act No. 7719, otherwise
known as the National Blood Services Act of 1994, and shall read as follows:

“SEC. 12. PROHIBITED ACTS. - FOR PURPOSES OF THIS ACT, THE
FOLLOWING SHALL BE PROHIBITED:

(1) RETESTING FOR BLOOD TRANSFUSION TRANSMISSIBLE
DISEASES FOR A FEE, BY THE END-USER HOSPITAL OR
OTHER HEALTH FACILITY OF ALL BLOOD/BLOOD PRODUCTS
ISSUED BY AUTHORIZED BLOOD SERVICE FACILITIES UNDER
THE PHILIPPINE NATIONAL BLOOD SERVICES NETWORK.
REASONABLE CROSS-MATCHING FEES ARE ALLOWED.

(2)REFUSING TO ACCEPT ANY BLOOD/BLOOD PRODUCTS
ISSUED BY AUTHORIZED BLOOD SERVICE FACILITIES UNDER
THE PHILIPPINE NATIONAL BLOOD SERVICES NETWORK DUE
TO PREFERENCE OF BLOOD/BLOOD PRODUCTS SOURCED
FROM THEIR OWN BLOOD BANKS OR A DIFFERENT BLOOD.
BANK AS DESIGNATED BY THE END-USER HOSPITAL OR


OTHER HEALTH FACILITY. THIS SHALL INCLUDE THE
PRACTICE OF REPLACEMENT DONATIONS WHEREIN
PATIENTS ARE REQUIRED TO BRING ACTUAL BLOOD

DONORS TO SOURCE THEIR BLOOD/BLOOD PRODUCT
NEEDS;

(3) CHARGING OF ADDITIONAL OR HIGHER FEES FOR BLOOD
UNITS DISPENSED WHICH EXCEED THE MAXIMUM

ALLOWABLE BLOOD SERVICE FEES, AS DETERMINED BY THE
DEPARTMENT;

(4) RESELLING OF ANY UNUSED BLOOD/BLOOD PRODUCTS
ISSUED BY AUTHORIZED BLOOD SERVICE FACILITIES UNDER
THE PHILIPPINE NATIONAL BLOOD SERVICES NETWORK;

(5) RECEIVING PAYMENT IN EXCHANGE FOR DONATING BLOOD;

(6) REQUIRING REPLACEMENT BLOOD DONATIONS BY ANY

BLOOD SERVICE FACILITY TO AVOID COMPROMISING BLOOD
SAFETY.

(7) NO OTHER FEES RELATED TO BLOOD SERVICES SHALL BE
COLLECTED FROM THE PATIENT OR THE RELATIVES OF THE
PATIENT (E.G. DEPOSITS, BLOOD BOND OR NON-
REPLACEMENT FEE - PAYMENT OR BOND FOR
BLOOD/BLOOD PRODUCTS WHEN THE PATIENT CANNOT
BRING VOLUNTARY NON-REMUNERATED BLOOD DONORS).

SEC. 3. A new SEC. 13 is hereby inserted in Republic Act No. 7719, otherwise
known as the National Blood Services Act of 1994, and shall read as follows;


“SEC. 13. SAFEGUARDS AND PROPER HANDLING. - IT IS THE
RESPONSIBILITY OF THE ISSUING BLOOD SERVICE FACILITY TO
ENSURE THAT ALL BLOOD/BLOOD PRODUCTS ISSUED HAVE BEEN
TESTED AND FOUND TO BE NEGATIVE OF BLOOD CONTAMINATION.

THE BLOOD SERVICE FACILITY SHALL LIKEWISE MAKE SURE THAT
EVERY BLOOD/BLOOD PRODUCT SHALL BE LABELED ACCORDINGLY,
INDICATING AMONG OTHERS, THE UNIQUE BLOOD DONATION
NUMBER; DATE AND TIME OF COLLECTION; NAME OR INITIAL OF
PHLEBOTOMIST; AND SUCH OTHER INFORMATION WHICH MAY BE
PRESCRIBED BY THE DEPARTMENT.

TO ENSURE THAT THE BLOOD OR BLOOD PRODUCTS TO BE
TRANSFUSED ARE SAFE, THE BLOOD SERVICE FACILITY FROM WHICH
THE PRODUCTS ORIGINATED MUST ESTABLISH A CHAIN OF CUSTODY
TO GUARANTEE THE INTEGRITY OF THE PRODUCTS AND TO PREVENT
THE INTRODUCTION OF CONTAMINATED PRODUCTS TO END-USER
HOSPITALS, HEALTH FACILITIES AND UNTIMATELY, TO THE PATIENTS.
FOR THIS PURPOSE BLOOD SERVICE FACILITIES SHALL DOCUMENT
EVERY STAGE OF THE TRANSFER OF THE BLOOD/BLOOD PRODUCTS,
INCLUDING BUT NOT LIMITED TO THOSE WHO ACTUALLY HANDLED
OR HAD CUSTODY OF THE SAME, HOW HE RECEIVED THE
BLOOD/BLOOD PRODUCTS, HOW HE HANDLED IT TO PREVENT
SUBSTITUTION, AND HOW HE TRANSFERRED THE BLOOD/BLOOD
PRODUCTS TO THE END-USER.

FOR THIS PURPOSE, THE ISSUANCE, DELIVERY, AND TRANSFER OF
THE BLOOD/BLOOD PRODUCTS SHALL BE HANDLED BY TRAINED
BLOOD BANK PERSONNEL.


SEC. 4. SEC. 12 of Republic Act No. 7719, otherwise known as the National

Blood Services Act of 1994, is hereby renumbered as SEC. 14 and amended to
read as follows:

“SEC. 14. Penalties. - (A) Upon complaint of any person and after due
notice and hearing, ANY GOVERNMENT OR PRIVATE HOSPITAL, blood
bank/center (which shall collect charges and fees greater than the
maximum prescribed by the Department) FOUND IN VIOLATION OF THE
PROHIBITED ACTS, AS DEFINED IN SEC. 12, shall have its license
suspended or revoked by the Secretary.

Any INDIVIDUAL, OR THE RESPONSIBLE OFFICER, EMPLOYEE,
REPRESENTATIVE OF ANY CORPORATION, ASSOCIATION OR
ORGANIZATION FOUND RESPONSIBLE FOR THE COMMISSION OF THE
PROHIBITED ACTS AS DEFINED IN SEC. 12 shall suffer the penalty of
imprisonment of not less than one (1) month nor more than six (6) months,
or a fine of not less than Five thousand pesos (P5,000) nor more ONE
HUNDRED THOUSAND PESOS (100,000), or both at the discretion of the
competent court.

(B) ANY INDIVIDUAL, OR THE RESPONSIBLE OFFICER, EMPLOYEE,
REPRESENTATIVE OF ANY CORPORATION, ASSOCIATION, OR
ORGANIZATION FOUND IN VIOLATION OF THE SAFEGUARDS AS
DEFINED IN SEC. 13 HEREOF SHALL SUFFER THE PENALTY OF
IMPRISONMENT OF ONE DAY TO 30 DAYS OR A FINE OF NOT LESS
THAN FIFTY THOUSAND PESOS (P50,000.00), OR BOTH, AT THE
DISCRETION OF THE COMPETENT COURT.

(C) ANY BLOOD SERVICE FACILITY WHICH DISPENSES OR PERMITS
THE TRANSFUSION OF UNSCREENED, INCOMPLETELY TESTED,


AND/OR CONTAMINATED BLOOD SHALL BE SUBJECT TO THE
REVOCATION OF ITS LICENSE AND PERPETUAL DISQUALIFICATION
FROM BEING GRANTED A LICENSE OR AUTHORITY TO OPERATE A
BLOOD SERVICE FACILITY. MOREOVER, the head of the blood bank and
the necessary trained personnel under the head’s direct supervision found
responsible for dispensing, transfusing, and failing to dispose, within
forty-eight (48) hours, blood which have been proven to be contaminated
with blood transfusion transmissible diseases shall be imprisoned for ten
(10) TWELVE (12) years. This is without prejudice to the filing of
APPLICABLE CIVIL AND/OR criminal charges (under the Revised Penal
Code) AS MAY BE PROVIDED BY LAW.

SEC. 5. A new SEC. 15 of Republic Act. 7719, otherwise known as the National
Blood Services Act of 1994, is hereby added and shall read as follows:

“SEC. 15, ACCESSIBILITY. - AUTHORIZED BLOOD SERVICE FACILITIES
MAY DELIVER BLOOD/BLOOD PRODUCTS TO THOSE WHO MAY OPT
TO HAVE THEM DELIVERED AND TO THOSE WHO MAY NEED IT. IN
CASE OF EMERGENCY SITUATIONS, THE DELIVERY OF
BLOOD/BLOOD PRODUCTS SHOULD BE FREE OF CHARGE.

THE SAFEGUARDS AND PROPER HANDLING AS PROVIDED IN THIS ACT
SHALL LIKEWISE BE OBSERVED IN THE DELIVERY OF THE
BLOOD/BLOOD PRODUCTS.

IN ORDER TO PROMOTE ACCESS TO BLOOD/BLOOD PRODUCTS,
AUTHORIZED BLOOD SERVICE FACILITIES SHOULD BE ALLOWED TO
OPERATE NEAR AND INSIDE HOSPITALS SUBJECT TO APPROPRIATE
AGREEMENTS WITH THE CONCERNED HOSPITALS.


SEC. 6. - All subsequent Sections of Republic Act No. 7719, otherwise known as
the National Blood Services Act of 1994, shall hereafter be renumbered
accordingly.

SEC. 7. Repealing Clause. - All laws, decrees, orders, rules and regulations or
other issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 8. Separability Clause. -If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in force and effect.

SEC. 9. Effectivity. - This Act shall take effect after fifteen (15) days following
the completion of its publication either in the official Gazette or in a newspaper
of general circulation in the Philippines.

Approved,