Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Congress of the Philippines
Metro Manila

Seventeenth Congress
First Regular Session

House BillNo.__ 608

INTRODUCED BY REPRESENTATIVE SANDRA Y. ERIGUEL

EXPLANATORY NOTE

This Bill was approved during the 16"" Congress by the House Committee on Health,
which was chaired then by the predecessor of this Representation. It was eventually approved by
the House Representatives on Third and Final Reading and later transmitted to the Senate for its
consideration. However, the Senate was unable to finish its deliberation on the Bill due to lack
of time. Hence, the Bill is being refiled in view of its importance.

This Bill seeks to strengthen and enhance the existing Organ Donation Program in the
country, Although organ transplantation affords the highest quality of life for patients including
those with kidney failure, it is sad to note that the number of transplants has been declining.

Based on the data from the National Kidney and Transplant Institute (NKTD), the largest
transplant facility in the Philippines, the number of recipients of kidney transplant at the NKTI
has gone down from 368 patients in 2008 to 238 recipients in 2013. The same dismal trend is
true nationwide where 679 patients had kidney transplant in 2008 and only 342 patients
underwent transplant in 2012.

The primary reason for this bleak scenario is the lack of organ donors.

Therefore, there is an urgent need to improve the existing Organ Donation Program.
Regulated systems that remove disincentives on organ donation and afford incentives to donors
simultaneously with a strong information and education drive on organ donation awareness are
deemed as the solutions to increase organ donation.

More organ donors would mean more lives would be saved and significant savings for
the government on costs spent on expensive dialysis, which has shorter survival rate compared to
a transplant. .

Approval of this Bill is eamestly requested.

4
SANDRA Y. ERIGUEL, M.D.
Representative, 2" District, La Union


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Congress of the Philippines
Metro Manila

Seventeenth Congress
First Regular Session

House Bill No. 608

INTRODUCED BY REPRESENTATIVE SANDRA Y. ERIGUEL

AN ACT PROVIDING FOR A REVISED HUMAN ORGAN DONATION AND
TRANSPLANTATION PROGRAM AND PROVIDING PENALTIES — FOR
VIOLATION THEREOF, REPEALING FOR THE PURPOSE REPUBLIC ACT NO.
7170, AS AMENDED, ALSO KNOWN AS THE “ORGAN DONATION ACT OF 1991”

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

SECTION 1. Short Title. - This Act shall be known as the “Organ Donation Act”.
ARTICLE I
GENERAL PROVISIONS,

SEC. 2. Coverage. — This Act covers all government and private hospitals, health facilities,
organ recovery organizations, medical and allied medical practitioners or professionals,
foundations and nongovernment organizations that are involved in organ and tissue
transplantation in the Philippines.

This Act also covers organ donations for transplantation purposes from deceased and living
donors

SEC. 3. Definition of Terms. ~ As used in this Act:

(a) Allowable reimbursement refers to the reasonable costs incurred by the donor associated
with the legal removal, transportation, implantation, processing, preservation, quality control, and
storage of a human organ, tissue, or part thereof, or the expenses for travel, housing, and lost
wages, medical insurance and periodic health monitoring, life insurance, and cost of medicines of
the donor to attain full recovery;

(b) Brain death refers to the irreversible cessation of all functions of the entire brain;

(¢) Clinical transplant coordinator refers to a healthcare professional of a transplant center
designated to coordinate with its transplant team, patients, donors, the organ recovery


organizations, the Philippine Organ Donation and Transplantation Board and the Philippine
Network for Organ Sharing (PhilNOS) towards the performance of a transplant operation;

(4) Commercial dealings refer to:

(1) The sale, barter, or supply of human organ, tissue, or part thereof involving valuable
consideration in whatever form;

(2) Acts involving trafficking of a human organ, tissue, or part thereof through whatever
means; and

@) The brokering for sale, barter or supply of a human organ, tissue, or part thereof whether
for money or any other consideration in violation of this Act;

(©) Death refers to the irreversible cessation of circulatory and respiratory functions or the
irreversible cessation of all functions of the entire brain, including the brain stem. A person
shall be medically and legally dead if:

(1) In the opinion of the attending physician, based on the acceptable standards of medicat
practice, there is an absence of natural respiratory and cardiac functions, and attempts at
resuscitation would not be successful in restoring these functions. In this case, death shall be
deemed to have occurred at the time these functions ceased; or

2) In the opinion of the consulting physician, concurred in by the attending physician, that
on the basis of acceptable standards of medical practice, there is an irreversible cessation of all
brain functions; and considering the absence of such functions, further attempts at resuscitation
or continued supportive maintenance would not be successful in restoring such natural functions
In this case, death shall be deemed to have occurred at the time when these conditions first
appeared

‘The death of a person shall be determined in accordance with the acceptable standards of
medical practice and shall be diagnosed separately by the attending physician and another
consulting physician, both of whom must be appropriately qualified and suitably experienced in
the care of such parties. The death shall be recorded in the patient’s medical record;

( Decedent refers to a deceased individual, and includes a still-born infant or fetus;

(@ Donor refers to an individual who voluntarily donates organ, tissue, or part thereof,
gratuitously to another who accepts it. The term also refers to an individual authorized in this
Act to donate all or part of the body of a decedent;

(i) Donor allocation scoring system refers to the national scoring system by which
allocation of organs from deceased donors shall be based;

() Graft refers to an organ that has been removed from the body of an
organ donor for transplantation into a recipient;


@ Hospital refers to an institution licensed, accredited or approved by the Department of
Health (DOH) devoted primarily to the maintenance and operation of facilities for the diagnosis,
treatment and care of individuals from illness, disease, injury or deformity, or in need of
obstetrical or other medical and nursing care. The term “hospital” shall also be construed as any
building or place where there are installed beds, or cribs, or bassinets for twenty-four (24)-hour
use or longer by patients in the treatment of diseases, diseased conditions injuries, deformities,
or abnormal physical and mental states, maternity cases, and all institutions such as those for
convalescence, sanitaria care, infirmaries, nurseries, dispensaries and such other means by
which they may be designated:

() Human organ refers to the kidney, liver, heart, lung, pancreas, and any other human
organ, tissue, or part thereof, including bone marrow, bone, cornea, skin, muscle tissue, and any
other transplantable part of a human body;

() Human organ and tissue bank storage facility refers to a facility licensed, accredited or
approved by the DOH under the law for storage of human organs, tissues, or parts thereof:

(m) Immediate family of the decedent refers to the spouse, son or daughter of legal age,
either parent, brother or sister of legal age and legal guardian over the person of the decedent, at
the time of death;

(») Indigent refers to an individual who has no visible means of income or whose income
is insufficient for the subsistence of his family, and identified, listed or certified by the
Department of Social Welfare and Development (DSWD) as poor pursuant to the National
Household Targeting System for Poverty Reduction;

(0) Living donor refers to an individual who is willing to donate an organ, tissue, or part of
the body while still alive, and may be either a:

() Living related donor (LRD) ~ a donor who is related to the recipient by blood within the
fourth civil degree of consanguinity, including parents, children, siblings, nephews, nieces and
first cousins; or

(2) Living non-related donor (LNRD) — a donor who is not related to the recipient by blood
but who is willing to donate organs, tissues, or parts thereof. The term also applies to those related
emotionally.

A LNRD is further classified as:

@ Directed living organ donor ~ a donor who has a specific intended recipient to whom
the organ shall be donated; or

(i) Non-directed living organ donor ~a living donor who is willing to donate an organ to
any suitable recipient;

(p) Organ transplant candidate refers to a patient diagnosed to have end stage organ
disease who is qualified to undergo an organ transplant procedure;


@ Part refers to the whole or a portion of transplantable organ, tissue, eye, bone, artery,
blood, fluid, and other portions of the human body;

() Person refers to an individual, corporation, estate, trust, partnership, association, the
government or any of its subdivisions, agencies or instrumentalities, including government-
owned or -controlled corporations, or any other legal entity;

() Philippine Organ Donor and Recipient Registry System refers to a national
computerized database of all organ transplant candidates, recipients, organ donors, and all
transplants performed in the Philippines;

(Potential multiple organ donor refers to any patient who will imminently become brain
dead or who currently meets the criteria for brain death;

(w Physician or surgeon refers to a physician or surgeon licensed or authorized to practice
medicine under the laws of the Republic of the Philippines;

(» Referring hospital refers to any hospital that identifies and refers potential deceased
organ donor to the PhiINOS;

(w) Transplant center refers to a hospital with transplant facilities duly accredited by the
DOH; and

(x) Valuable consideration refers to any financial gain or benefit but does not include
“allowable reimbursement” as defined in subsection (a) herein.

SEC. 4. Philippine Organ Donation and Transplantation Program, ~ There is established
the Philippine Organ Donation and Transplantation Program that provides the overall direction
and system of implementation of organ donation and transplantation in the country through the
Philippine Organ Donation and Transplantation Board under the DOH.

SEC. 5. Philippine Organ Donation and Transplantation Board. ~ There is established a
Philippine Organ Donation and ‘Transplantation Board, hereinafter referred to as the Board,
composed of the following members:

(@) Secretary of Health, as Chairperson;

(by DOII Undersecretary for Policy and Standard Development Team for Service Delivery,

as Vice Chairperson;
(c) Chairperson of National Transplant Ethics Committee or representative,
(@) President of the Philippine Health Insurance Corporation (PhilHeaith) or representative,
(e) Representative of government transplant facilities appointed by the Secretary of Health,

(f Representative of private transplant facilities appointed by the Secretary of Health;


(g) Representative of the professional societies involved in transplantation, including the
Philippine Society of Transplant Surgeon, the Philippine Society of Nephrology, the Philippine
Urology Association and the Transplant Society of the Philippines designated by the societies on
a rotational basis for a term of two (2) years;

(h) Chairperson of the Professional Regulation Commission or representative;

(i) Representative of inter-faith organizations; and

(i) Representative of nongovernment organizations involved in health
advocacy, preferably on human organ donation.

‘The Secretary of Health may:

(1) Appoint additional members based on the recommendation of the Board;

(2) Appoint additional members to the National Transplant Ethics Committee and the
PhiINOS based on the recommendation of the Board; and

(3) Designate any existing unit, office, center or bureau under the DOH to serve as
secretariat of the Board and for any other functions related to organ donation and transplantation.

SEC. 6. Functions. — The Board shall exercise the following functions:

(@) Serve as the overall implementing body of the organ donation and transplantation
program in the country;

() Develop and implement policies on organ donation and transplantation within the
framework of Philippine laws;

(©) Review and approve programs in support of a rational, ethical, accessible and
equitable organ donation and transplantation program in the country;

(a) Approve the issuance of the certificate of accreditation of transplant facilities;

(e) Monitor compliance of transplant centers and organ recovery organizations with the
policies prescribed by the Board; and

(f) Perform other functions as may be ordered by the Secretary of Health related to the
primary functions of the Board.

SEC. 7. Philippine Network for Organ Sharing. ~ There is established the Philippine
Network for Organ Sharing (PhiINOS) under the Board to perform the following functions:

(a) Oversee and facilitate donation and organ transplantation involving deceased and
living donors in the country;

(b) Act as the central coordinating body to ensure that all organs from deceased and
living donors are allocated according to established criteria,


(c) Promote organ donation from a deceased or living donor through the following
means

(1) Public information and education drive;
(2) Information and education for health and allied professionals;

) Training of transplant coordinators; and

(4) Campaign to recruit volunteers to sign organ donor cards;

(d) Implement the policies on organ allocation from a deceased or living donor,

(e) Maintain a national waiting list of patients seeking transplantation with organs from
deceased and living donors;

(f) Organize, fund, and regulate a national network of government hospital-based organ
recovery organizations;

(g) Assist in the development and accreditation of nongovernment organ recovery
organizations;

(h) Develop and update specific donor allocation scoring systems for the different organs
for transplantation and use the same for the selection of deserving recipients from the waiting list
of organ transplant candidates;

() Provide relevant data in aid of legislation and in the formulation of
health policies regarding deceased organ donation; and

(@ Perform such other functions as may be ordered by the Secretary of Health or the Board
for those related to its primary functions

SEC. 8. Secretariat, ~The PhilNOS shall be supported by a secretariat consisting of
personnel with the necessary technical expertise and capability who will be designated by the
Secretary of Health from the existing bureau or unit of the DOH. The secretariat shall be headed
by a Program Manager under the direct supervision of the Chairperson of the Board.

SEC. 9. Transplant Centers. ~The DOH, through the Board and the Bureau of Health
Facilities and Services, shall establish accreditation criteria to determine the DOH-licensed
hospitals that should be allowed to perform transplant operations. The Board and the Bureau of
Health Facilities and Services may limit a transplant center to the performance of transplants to
specific organs or tissues. These accredited hospitals shall be accredited as transplant centers

Each transplant center shall establish a Transplantation Section under its surgical
department, The Section, at least, must have: (a) one (1) qualified transplant surgeon; (b) a
transplant support team which includes a clinical transplant coordinator; (c) medical specialists;
and (d) nurses knowledgeable in transplantation.


The Transplantation Section shall have the following functions over and above those
determined by the transplant center:

(1) Record all transplants performed in the center containing information required by the
Board and submit a monthly report to the Board;

(2) Monitor and provide medical follow-up care of transplant patients and living donors;
and

(3) Document donor outcomes, graft and patient survival and morbidities associated with
transplant procedures, A summary of these documentations shall be submitted to the Board
annually.

SEC. 10. Organ Recovery Organization, ~ In order for the PhilNOS to effectively carry out
its functions, organ special service units to be called organ recovery organization (ORO) shalll be
allowed and encouraged. An ORO is a nonprofit organization, which may be independent or
hospital-based and accredited by the DOH to obtain organs for transplantation. An ORO shalll be
responsible for identifying, evaluating and obtaining organ donations from deceased donors from
hospitals, including the preservation and transportation of such organs.

‘The Secretary of Health shall formulate guidelines to ensure that an ORO is designated for
cach region and major hospitals in the country as well as in areas where transplant activity is
concentrated.

SEC. 11. National Transplant Ethics Committee. — There is established a National
Transplant Ethics Committee under the DOH. It shall perform the following functions:

(a) Formulate national ethical standards or guidelines on organ donation and transplantation
for approval by the Board;

(b) Assist the Board in the resolution of ethical issues;

(©) Assist in the monitoring of transplant facilities to ensure compliance with ethical
standards or guidelines; and

(d) Perform such other functions as may be ordered by the Secretary of Health or the Board
on ethical related issues.

SEC. 12. Hospital Ethics Committee. ~ All hospitals and medical institutions shall create an
Ethics Committee to improve healthcare delivery and outcomes by helping to identify, analyze,
and resolve ethical dilemmas as they emerge predominantly through consultation, education, and
policy development.

The Ethics Committee shall

(a) Make recommendations to the National Transplant Ethics Committee in formulating the
ethical principles and policies on human organs, tissues, or parts thereof, in order to prevent and


avoid participation of the hospital, whether directly or indirectly, in commercial dealings in
human organs, tissues, or parts thereof:

(&) Monitor and resolve ethical issues involving organ donation and transplantation;

(©) Submit monthly reports of all its meetings and proceedings to the National Transplant
Ethics Committee; and

(d) Perform such other functions as may be ordered by the National Transplant Ethics
Committee.

The Ethics Committee shall review and evaluate all living nonrelated donations. A report
on each evaluation shall be submitted to the Board.

Living related donations with proof of relationship within the fourth civil degree of
consanguinity may, at the transplant center’s discretion, be exempted from the Ethics Committee
evaluation.

All hospitals, medical institutions, organ or tissue bank storage shall record all transactions
and vital information or documents on organ donations and shall be made available and
transparent to the public, whenever necessary.

ARTICLE II
ORGAN DONATION FROM DECEASED DONORS

SEC. 13. Organ Donation from Deceased Donor. ~ The recovery of organs from deceased
donors shall be prioritized over organs from living donors.

SEC. 14. Person Who May Execute a Legacy. — A person who is at least eighteen (18) years
of age and of sound mind may give, by way of legacy, to take effect after death, all or any organ,
tissue, or part thereof for the same purpose that a person may be a recipient thereof as specified
in Section 17 hereunder.

SEC. 15. Person Who May Execute a Donation. — (a) In the absence of actual notice of
contrary intentions by the decedent or actual notice of opposition by a member of the immediate
family of the decedent, any of the following persons in the order of priority provided herein
may donate all or any part of the decedent’s body for any purpose provided in Section 17 of this,
Act:

(Q) Spouse;
(2) Son or daughter of legal age:
(3) Either parent;

(4) Brother or sister of legal age; and


(5) Legal guardian over the person of the decedent at the time of death. (b) The persons
authorized by subsection (a) of this section may make the donation before or immediately
after death

Any donation by a person authorized under subsection (a) shall be sufficient if it complies
with the formalities of a donation of a movable property.

SI
any organ, tissue, or part of a human body authorizes an examination necessary to assure medical
acceptability of the legacy or donation for the purpose intended.

16. Examination of Human Body or Part Thereof. ~ A legacy of donation of all or of

For purposes of this Act, the recovery of the human organ, tissue, or part thereof from brain-
dead but heart-beating donor who eventually dies from accident, trauma, or other medico-legal
case shall be part of the autopsy to be performed or authorized by law enforcement authorities,
including the police or the National Bureau of Investigation.

SEC. 17. Persons Who May Become Legatees or Donees. ~ The following persons may
become legatees or donees of human organs, tissues, or parts thereof for any of the purposes stated
hereunder:

(a) Any hospital, physician or surgeon — for medical or dental education, research,
advancement of medical or dental science, therapy or transplantation;

(®) Any accredited medical or dental school, college or university ~ for education, research,
advancement of medical or dental science, or therapy;

(c) Any organ or tissue bank storage facility — for medical or dental education, research,
therapy or transplantation; and

(a) Any specified individual — for therapy or transplantation needed by the individual.

SEC. 18. Duty of Hospitals. — A hospital authorized to receive organ donations or to conduct
transplantation shall train qualified personnel and staff to handle the delicate task of introducing
the organ donation program in a humane manner to the immediate family of the decedent
authorized to execute a donation under Section 15 of this Act. The hospital shall accomplish the
necessary routine inquiry or the required request form or document that will elicit from the patient,
upon admission to the hospital, or the immediate family at the death of the patient, about the
instruction on organ donation, which information will be added to the record of the patient.

All hospitals shall refer potential deceased donors to the PhilNOS which shall refer the
organ recovery to an ORO.

A hospital that fails to comply with this section shall, after due hearing, be penalized with
a revocation of license to operate and of PhilHealth’s accreditation.

SEC. 19. Manner of Executing a Legacy. ~(a) A legacy of donation of all or any organ, tissue,
or part of the human body may be made through a written duly signed will, The legacy becomes


effective upon the death of the testator even before probate proceedings are conducted. If the will
is not probated, or if it is declared invalid for testamentary purposes, the legacy, to the extent that
it was executed in good faith, is nevertheless valid and effective.

(b) A legacy of donation of all or any organ, tissue, or part of the human body may also
be made in any document other than a will. The legacy becomes effective upon death of the
testator and shall be respected by and binding upon the executor or administrator, heirs, assigns,
successors-in-interest, and all members of the family. The document, which may be a card or
any paper designed to be carried on one’s person, must be signed by the testator in the presence
of two (2) witnesses who must sign the document in the presence of the testator. If the testator
cannot sign, the document may be signed at the discretion and presence of the testator and two
(2) witnesses who must, likewise, sign the document in the presence of the testator. Delivery
of the document of legacy during the testator’s lifetime is not necessary to make the legacy
valid.

(©) The legacy may be made to a specified legate or unspecified legatee. If the legacy is
made to a specified legatee who is not available at the time and place of the testator’s death, the
attending physician or surgeon, in the absence of any expressed indication that the testator desired
otherwise, may accept the legacy as legatee. If the legacy does not specify a legatee, the legacy
may be accepted by the attending physician or surgeon as legatee upon or following the testator’s
death, The physician who becomes a legatee under this subsection shall not participate in the
procedures for removing or transplanting the human organ, tissue, or part thereof of the decedent.

(d) The testator may designate in the will, card or other document the surgeon or physician
who will carry out the appropriate procedures for removing or transplanting the human organ,
tissue, or part thereof of the decedent.

In the absence of a designation, or if the surgeon or physician designated is not available,
the legatee or other persons authorized to accept the legacy may authorize any surgeon or
physician for the purpose.

SEC. 20. Organ Donor Cards. ~ A donor may also indicate the willingness to donate an
organ, tissue, or part thereof either through a donor card or the government-issued identification
(ID) cards and licenses, including the following:

(2) Land Transportation Office (LTO)-issued driver’s license:

(b) PhilHealth membership ID;

(© Government Service Insurance System (GSIS) membership ID;
(@ Social Security System (SSS) membership ID;

(© Professional Regulation Commission (PRC) license card;

( Bureau of Internal Revenue (BIR) tax identification number ID; or

10


(g) Department of Foreign Affairs (DFA)-issued Philippine passport.

The LTO, PhilHealth, GSIS, SSS, PRC, BIR and the DFA, in coordination with the
Secretary of Health through the PhilNOS, shall devise their respective application forms wherein
the consent of the applicant to be an organ or tissue donor in case of death will be asked. The
response of the applicant shall be indicated in these cards, and these government agencies shall
furnish the PhilNOS of the applicant’s response, which will be recorded in the PhilNOS registry
for the purpose of assigning the level of priority in the organ transplant waiting list.

SEC. 21. Procedure in the Absence of a Donation. — In the absence of any of the persons
authorized to execute a donation under Section 15 hereof, 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 decedent classified as accident, trauma
or other medico-legal cases may authorize in a public document the removal from such body for
transplantation of an organ to the body of a living person: Provided, That the physician, head of
the hospital or a designated officer of the hospital for this purpose exerted reasonable efforts,
within forty-eight (48) hours, to locate the nearest relative specified in Section 15 of this Act or
the guardian of the decedent at the time of death.

The physician, head of the hospital or a designated officer of the hospital, or the medico-
legal officer of any government agency which has custody of the body may authorize the removal
of the comea or corneas of the decedent within twelve (12) hours after death and upon the request
of qualified legatees or donees for the sole purpose of transplantation: Provided, That the removal
of the cornea or corneas will not interfere with any subsequent investigation or alter the post-
mortem facial appearance of the decedent by means of placing eye caps after the cornea or corneas
have been removed.

In all donations, the decedent from whose body an organ will be removed for the purpose
of transplantation to a living person shall be diagnosed separately and certified by two (2)
qualified physicians, neither of whom is:

(a) A member of the team of medical practitioners who will effect the removal of the organ
from the body; nor

(6) ‘The physician attending to the recipient of the organ to be removed; nor
(© The head of the hospital or the designated officer authorizing the removal of the organ.

SEC. 22. Persons Authorized to Remove and Transplant Organs, Tissues and Corneas. ~
Only authorized medical practitioners in a hospital shall remove or transplant any organ which is
authorized to be removed or transplanted. The removal of corneal tissues shall be performed only
by ophthalmic surgeons and ophthalmic technicians trained in the methodology of such procedure
and duly certified by the accredited National Association of Ophthalmologists.

SEC. 23. Delivery of Document of Legacy or Donation. ~ If the legacy or donation is made
toa specified legate or donee, the will, card or other document, or an executed copy thereof, may


be delivered by the testator or donor, or the authorized representative of the testator or donor to
the legatee or donee to expedite the appropriate procedures immediately after death. The will,
card or other document, or an executed copy thereof, may be deposited in any hospital or organ
bank storage facility that accepts it for safekeeping or for facilitation of procedures after death.
On the request of any interested party upon or after the testator’s death, the person in possession
shall produce the document of legacy or donation for verification.

SEC. 24. Amendment or Revocation of Legacy or Donation, — (a) If the will, card or other
document, or an executed copy thereof, has been delivered to a specific legatee or donee, the
testator or donor may amend or revoke the legacy or donation either by:

(1) The execution and delivery to the legatee or donee of a signed statement; or

@) A written statement addressed to an attending physician executed in the presence of two
(2) other persons and communicated to the legatee or donee; or

(3) An oral statement addressed to an attending physician during a terminal illness or injury,
and communicated to the legatee or donee; or

(4) A signed card or document found on the person or effects of the testator or donor.

(b) Any will, card or other document, or an executed copy thereof, which has not been
delivered to the legate or donee may be revoked by the testator or donor in the manner provided
in subsection (a) of this section or by destruction, cancellation, or mutilation of the document
and all executed copies thereof.

Any legacy or donation made through a will may also be amended or revoked in the manner
provided for amendment or revocation of wills or as provided in subsection (a) of this section.

SEC. 25. Rights and Duties Afier Death. — The legate or donee may accept or reject the
legacy or donation. A legatee or donee who accepts the legacy or donation shall, upon the death
of the testator and prior to embalming, authorize the removal of the organ, tissue, or part thereof,
avoiding unnecessary mutilation. After removal of the human organ, tissue, or part thereof, the
custody of the remainder of the body vests in the surviving spouse, next-of-kin, or other persons
under obligation to dispose of the body of the decedent.

SEC. 26. Allowable Reimbursements for Organ from Deceased Nonor. ~The human organ,
tissue, or part thereof shall be donated for free or without any financial consideration.
Reimbursements for reasonable expenses incurred during the recovery, organ preservation,
transport, and the ORO’s administrative and other operational costs may be collected from the
legatee or donee. This amount shall be determined by the PhiINOS and shall be subject to annual
review considering inflationary and other economic factors.

SEC. 27. Transport of Donated Organ, — In view of the urgency to immediately transport
the donated organ to be utilized in a transplant operation, all local airlines shall allocate a space
in the passenger cabin to accommodate the transport of such organ on the first available
opportunity, free of charge. Ifthe package requires an accompanying transplant coordinator, such

12


accompanying person may be charged the regular or discounted rate at the discretion of the
cartier. In availing of this privilege, the following requirements shall be observed by the
transplant coordinator:

(@) The sender must be a DOH or PhilNOS-accredited ORO represented by any of its
clinical transplant coordinators who must carry the official PhilNOS-issued identification card;

(b) The receiving party must also be a clinical transplant coordinator who must also carry
an official PhiINOS-issued identification card; and

(©) The packaging must comply with required medical standards and contain a seal also
issued by the PhilNOS. The required packaging standards shall be provided by the PhilNOS to
all local airlines

ARTICLE TT
ORGAN DONATION FROM LIVING DONORS

SEC. 28. Living Donors. ~ The Board shall establish policies and guidelines to prevent organ
trafficking and to ensure the safety of living donors and their eventual recipients in accordance with
the provisions of this Act.

SEC. 29. Living Donors in Closed Settings. — Individuals in closed settings, such as prisons,
rehabilitation centers and other similar facilities, shall be allowed to donate their organs, tissues,
or parts thereof, only to donees who are related to them by blood within the fourth civil degree of
consanguinity.

ARTICLE IV,
ASSISTANCE AND PROTECTION TO DONORS

SEC. 30. Assistance and Protection to Donors. ~ A donor of a human organ, tissue, or part
thereof and the immediate family shall be entitled to the following assistance, protection, and
recognition’

(@) Inclusion in the priority list of the PhilNOS if the donor should need an organ in the
future. The immediate family of a living or deceased donor shall also be given priority if any
member of the immediate family, as enumerated in the order of priority in Section 15 of this
Act, also needs an organ in the future;

(b) Allowable reimbursement for reasonable expenses from the donee or, when eligible,
from the PhilHealth, for the costs directly related or associated with the legal removal,
transportation, implantation, processing, preservation, quality control, and storage of a human
organ, tissue, or parts thereof, including expenses for travel, housing, and lost wages incurred by
the donor in connection with the donation of the organ, tissue, or part thereof, medical insurance
and periodic health monitoring, life insurance, and cost of medicines of the donor to attain full
recovery;


(©) Additional support voluntarily provided by a donee, a nonprofit organization or
government agencies, which include the Technical Education and Skills Development Authority
(TESDA), the Commission on Higher Education (CHED), and other agencies for educational or
livelihood assistance coursed through the DOH;

(@ Memorialization through a “Dugtong Buhay” award to be given by the Secretary of
Health;

(© Paid leave for fifteen (15) days during the time of full recovery when the donor is
employed, either in the government or private sector;

( Priority in employment, either in the government or private sector: Provided, That a
physician certifies that the living donor is fit for either strenuous or non-strenuous work, or both:
Provided, however, That this shall not apply to positions in the uniformed police and military
personnel;

(a) Disability pay from the SSS or GSIS in case of post-operation disability;

(s) Twenty percent (20%) discount on airfare to and from the venue of actual operation for
potential donors found suitable, mentally and physically, to make the donation; and

(@ Twenty percent (20%) discount from pharmaceutical companies and their distributors
on transplant and post transplant-telated medicines prescribed for the donor’s medication

‘The Secretary of Health, in coordination with the concerned agencies, including the Civil
Service Commission (CSC) and the Department of Labor and Employment (DOLE), shall
formulate the necessary guidelines for the effective implementation of this section.

SEC. 31. PhilHealth Assistance. — Pursuant to its mandate under the National Health
Insurance Act of 1995, as amended, the PhilHealth shall:

(a) Develop a benefit package to reimburse the host ORO for the acquisition cost of the
organ, tissue, or part thereof, and

(0) Increase its present benefit package for indigent-donee who cannot afford the entire cost
before, during, and after organ transplantation, including related expenses such as anti-rejection
drugs or immunosuppressants. For this purpose, the PhilHealth shall formulate a socialized
medical and financial assistance scheme in relation to the annual family income to enable the
indigent-recipient to pay for the transplant and ensure survival.

ARTICLE V
PUBLIC AWARENESS PROGRAM

SEC. 32. Information and Education Drive. - To ensure public awareness of the maximum
benefits under this Act, the DOH, in cooperation with institutions such as the National Kidney
and Transplantation Institute (NKTID, civic and nongovernment health organizations, and other
health-related agencies involved in the donation and transplantation of human organs, as well as


the Department of Education and the CHED shall undertake a public information and education
program for this purpose

The Secretary of Health shall ensure that all health professionals, both in government and
private sectors, as well as media organizations from print, radio and television are encouraged to
undertake massive public information campaign to emphasize the importance of human organ
donation

The importance of human organ donation shall be included in the Health and Science
subjects in the curricula of both the elementary and secondary levels as well as in the general
education curriculum in the collegiate level. The Secretary of Health shall coordinate with the
Secretary of Education and the Chairperson of the CHED for the effective implementation of this
provision. The Information and Advocacy Committee under the existing PhiINOS shall be in
charge of the training program of the faculty members of the schools handling courses on human
organ and tissue donation.

The Secretary of Health shall also endeavor to disseminate information on human organ
and tissue donation through other means, including the internet, social media, and mails subject
to franking privilege.

SEC. 33. National Organ Donation Awareness Month. ~ The month of April of every year
is hereby declared as the “National Organ Donation Awareness Month”. The DOH, in
coordination with various government and private agencies, and organizations, including
professional societies, OROs or associations related to human organ donation and transplantation,
shall spearhead programs and activities that highlight the importance of organ donation in saving
lives.

ARTICLE VI

PROHIBITED ACTS AND PENALTIES

SEC. 34. Prohibited Discriminatory Acts, — (a) It shall be unlawful to discriminate against
a living organ donor or an organ donee in any form from preemployment to post-employment,
including hiring, promotion, or assignment by reason of the person being an organ donor or an
organ donee despite a certification from a physician that the living donor or an organ donee is fit
for work: Provided, That this provision shall not apply to uniformed police and military personnel
for purposes of their preemployment and hiring procedure and requirements.

(0) It shall be unlawful for private health insurance companies under a health maintenance
organization (HMO) and life insurance companies to deny or deprive a person of health or life
insurance coverage on the basis of being an organ donor or donee. Neither shall the insurance
premiums of an insured donor or donee be increased nor the insurance benefits of an insured
donor or donee be decreased. The Insurance Commission shall implement the provision covering
life insurance and shall develop the necessary policies to ensure compliance

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(©) It shall be unlawful for a carrier to refuse to transport or ship an organ, tissue, or part
thereof, whether accompanied or not. Such refusal shall be penalized with a fine in the amount of
fifty thousand pesos (P50,000.00).

Any person who commits the discriminatory act mentioned in subsection (a) of this section
shall suffer the penalty of imprisonment for six (6) months to four (4) years and a fine not
exceeding ten thousand pesos (P10,000.00), including the cancellation or revocation of license or
permit as may be applicable.

Any person who acts in good faith in accordance with the provisions of this Act shall not
be liable for damages in any civil action or be subject to criminal prosecution,

SEC. 35. Other Prohibited Acts. — It shall be unlawful for any person, natural or juridical,
to commit any of the following acts:

(a) Advertise in any manner, whether formally or informally through print, broadcast media
and other means of electronic media, an offer to sell, barter, deal in or supply human organs,
tissues, or parts thereof or an offer to acquire, buy or to receive human organs, tissues, or parts
thereof for consideration in whatever form;

(b) Advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use of information
technology and the internet, or any brochure, flyer, or any propaganda material that promotes
commercial dealings in human organs, tissues, or parts thereof;

(©) Recruit, transport, transfer, harbor, provide, or receipt of persons by any means, for the
sale, barter, or supply of human organs, tissues, or parts thereof which involves consideration in
whatever form;

(@ Offer consideration in money, kind or service for the purpose of acquiring, buying,
offering, selling, or trading human organs, tissues, or parts thereof:

(e) Offer to supply human organs, tissues, or parts thereof for consideration or initiate or
negotiate any arrangement for the supply thereof or for an offer to supply human organs, tissues
or parts thereof,

(® Actas. facilitator, middleman, broker or other similar role in the sale, barter, or supply
of human organs, tissues, or parts thereof for consideration in whatever form;

(g) Engage in the trade, sale, barter, or supply of human organs, tissues, or parts thereof for
consideration in whatever form;

(#) Store or handle human organs, tissues, or parts thereof that have been acquired or
transferred or sold for consideration in whatever form;

(i) Deliver, transport, transfer or distribute human organs, tissues, or parts thereof that have
been acquired or transferred or sold for consideration in whatever form;

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(p Remove or transplant human organs, tissues, or parts thereof that have been acquired or
transferred or sold for consideration in whatever form;

(&) Consent to the transplantation of human organs, tissues, or parts thereof and be
transplanted with the same with the knowledge that the human organs, tissues, or parts thereof
have been acquired or transferred or sold for consideration in whatever form;

() Recruit or invite persons to supply human organs, tissues, or parts thereof for
consideration;

(m) Make or receive payment for the supply of or for an offer to supply human organs,
tissues, or parts thereof, and

(a) Deny or deprive an organ donor of private health insurance under an HMO and life
insurance coverage from insurance companies on the basis of being an organ donor or donee.
‘The Insurance Commission shall implement the provision covering life insurance and shall
develop the necessary policies to ensure compliance.

SEC. 36. Penalties for Other Prohibited Acts. ~ The following penalties and sanctions are
imposed for the offenses enumerated in Section 35 of this Act:

(@) Any person found guilty of committing any of the acts enumerated in Section 35 of this
Act shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than one
million pesos (P1,000,000.00) but not more than two million pesos (P2,000,000.00);

(0) If the offender is a corporation, partnership, association, club, establishment or any
juridical person, the penalty shall be imposed upon the owner, president, partner, manager, or any
responsible officer who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;

(©) The registration with the Securities and Exchange Commission (SEC) and license to
operate of an erring corporation, partnership, association, or group shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not be allowed to operate
similar establishments in a different name;

(@) If the offender is a hospital, clinic or other similar licensed medical institution, the
penalty shall be imposed upon its owner, president, director, members of the board, officials,
doctors and medical staff with knowledge of the illegal acts and participates in the illegal acts;

(© If the offender is a hospital, clinic or medical institution under the DOH and other
regulatory institutions, its license shall be cancelled and revoked, and the license to practice of
medical professionals working in such hospital, clinic, medical or regulatory institution found
guilty of the illegal acts shall be cancelled and revoked;

(® If the offender is a foreigner, the foreigner shall be immediately deported after serving
the sentence and be barred permanently from entering the country; and

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(@) If the offender is an official or employee of a government agency, such official or
employee shall be held administratively liable, without prejudice to criminal liability under this
‘Act. The government official or employee shall, upon conviction, be dismissed from the service
and be barred permanently to hold public office. The retirement and other benefits of erring
government official or employee shall likewise be forfeited.

ARTICLE VII
FINAL PROVISIONS

SEC. 37. Rules and Regulations. ~ Within thirty (30) days from the approval of this Act,
the Secretary of Health, after consultation with all health professionals of both government and
private, and nongovernment health organizations, shall promulgate the rules and regulations
implementing the provisions of this Act. The implementing rules and regulations issued pursuant
to this Act shall take effect thirty (30) days after its publication in two (2) national newspapers
of general circulation.

SEC. 38. Repealing Clause, — Republic Act No. 7170, as amended, also known as the
“Organ Donation Act of 1991”, is hereby repealed

Subparagraph 7 of Paragraph V (General Policy Statements) of DOH Administrative Order
No. 2010-0018 and Subparagraph 6.d. of Paragraph VII (Operational Guidelines) of DOH
Administrative Order No. 2010-0019 are also hereby repealed.

All other laws, decrees, ordinances, rules and regulations, executive or administrative
orders, and other presidential issuances inconsistent with this Act are hereby repealed, amended
or modified accordingly.

SEC. 39. Suppletory Application of Republic Act No. 9208. ~ The provisions of Republic
Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”, and Section
4(g) of its Implementing Rules and Regulations, insofar as they are not inconsistent with the
provisions of this Act, shall apply suppletorily.

SEC. 40. Separability Clause. — If any provision of this Act is declared unconstitutional or
invalid, the remaining parts or provisions not affected shall remain in full force and effect.

SEC. 41. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or ina newspaper of general circulation,

Approved,