REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, _ 8415

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Blood safety encompasses actions aimed at ensuring that everyone has access to blood
and blood products that are safe as possible, available at reasonable cost, adequate to meet the
needs of patients, transfused only when necessary, and provided as part of a sustainable blood
programme within the existing healthcare system.

The provision of an adequate supply of safe blood and blood products, and their safe
and rational use is the responsibility of government and should be an integral part of the
country's national health care policy and health care infrastructure. The government should
establish a sustainable national blood system which is recognized through a national blood
policy, strategic plan and appropriate legal instruments. Essential functions of a national
blood system include policy formulation and standard setting, strategic and operational
planning, provision of sufficient resources and national coordination and management to
ensure an adequate supply of blood and blood products and safe clinical transfusion.

It is for the aforementioned reasons that this bill is proposed. Under this Act, the
Philippine Blood Disease and Transfusion Center, which is envisioned to offer
comprehensive care for patients with blood disorders, and to provide transfusion service to
our people shall be established.

The Blood Center is expected to manage safe blood and blood products to augment
the medical services provided by hospitals and partner agencies. Moreover, it shall spearhead
the training and education of medical and paramedical professionals with regards to blood
diseases and transfusion medicine.

In addition to that, the Blood Center shall also become the primary provider of the
state-of-the-art diagnosis, management, and treatment of blood disorders. It shall also be
provided the necessary tools and funding to conduct research on hematologic disorders and to
serve as a referral laboratory center for all hematologic diseases.

In view of the foregoing, immediate approval of this bill is earnestly sought.

‘Representative
Magdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8415

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
ESTABLISHING THE PHILIPPINE BLOOD DISEASE AND TRANSFUSION
CENTER, DEFINING ITS OBJECTIVES, POWERS AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFOR

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

SEC.1. Short Title.- This Act shall be known as the “Philippine Blood Disease and
‘Transfusion Center Act.”

‘SEC.2. Definition of Terms. — As used in this Act:

a. Apheresis Facility — refers to a blood service facility were blood collection
procedure is done in which whole blood is remove, a selected component
separated and the remainder returned to the door.

b. Blood — refers to human blood for transfusion.

©. Blood Center ~ refers to the Philippine Blood Disease and Transfusion Center
established pursuant to this Act.

d. Blood Component — refers, but not limited, to whole blood, red cells,

granulocyres, plasma, platelets, cryoprecipitate and cryosupernate prepared in the
Blood Center.

€. Blood Disease ~ refers to a blood condition that involves problems with the red
blood cells, white blood cells, platelets, blood vessels, bone marrow, lymph nodes,
spleen, or the proteins involved in bleeding and clotting (hemostasis and
thrombosis). Blood diseases and blood disorder are used interchangeably in this
Act.

£ Blood Product ~ refers to a therapeutic substance derived from whole blood or
plasma.

g. Hematology — refers to the branch of medicine that is concerned with the study of
blood, the blood-forming organs and blood diseases.


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Voluntary Blood Donor ~ refers to a donor who gives blood freely and voluntarily
without any form of payment.

SEC.3. Mandate.- There is hereby established a Philippine Blood Disease and Blood
Transfusion Center, hereinafter referred to as the Blood Center, a government corporate
entity that will offer comprehensive care for patients with blood diseases, including blood
transfusion services, for public welfare. The Blood Center shall also undertake teaching
programs and research activities to successfully accomplish its mandate.

The Blood Center shall be located at the Lung Center of the Philippines (LCP)

Compound, Quezon Avenue, Quezon City.

SEC.4. Purposes and Objectives. The Blood Center shall have the following
Purposes and objectives:

a.

To construct, establish, operate and maintain a specialty hospital, with at least two
hundred fifty (250) bed capacity, which shall offer comprehensive care for
patients with blood diseases;

. To establish and operate a blood transfusion center and a state-of-the-art

hematology laboratory (which should be able to offer more services than a regular
medicine center), including a molecular laboratory for public welfare;

To establish and operate a Hematopoietic Stem Cell transplant program and donor
registry;

To collect blood from qualified voluntary blood donors, and process whole blood
into blood components;

. To ensure the safety, as well as the adequate supply, of blood and blood products

delivered to hospitals and other health facilities;

To promote, encourage and engage in medical and scientific research on the
prevention and treatment of blood diseases, on the care and/or treatment of
patients with blood diseases, and on the care and/or treatment of patients with
blood diseases, and on the proper operation of blood bank technology and blood
transfusion services to ensure the safety of both blood donors and donees;

To gather, compile and publish the findings of its medical and scientific
researches;

. To conduct studies and develop teachings programs, in collaboration with

universities hospitals and/or research institutions on the prevention and treatment
of blood diseases; encourage and grant scholarships for advanced training and
specialization in hematology; and support educational programs of value to
general public health;

To finance, sponsor, hold or participate in congresses, conventions, conferences,
seminars, workshops and training programs on the prevention and treatment of
blood diseases; and


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j. To encourage and assist in the education and training of physicians, nurses, health
officers, social workers and medical and technical personnel in the practical and
scientific implementation of services to patients with blood diseases.

SEC.S. Powers and Functions. — The Blood Center shall have the following powers

and functions:

a. To have the attribute of perpetual succession and shall be vested with the powers
and of a corporation;

b. To adopt and use a corporate seal which shall be a matter of judicial notice;

¢. To enter into contracts with any person or entity, whether public or private,
domestic or foreign;

d. To acquire assets, real or personal, or any interest therein, and encumber or
otherwise dispose the same, under any mode of encumbrance or conveyance, as it
may deem proper and necessary in the conduct of its business;

€. To invest its excess funds, subject to applicable laws, rules and regulations, in any
activity related to the Blood Center, as well as in any bonds or securities issued
and guaranteed by the Government of the Philippines;

f. To collect reasonable fees from the public for its services;

g. To solicit and accept any gifts, contributions, endowments, grants, bequests and
devices of any kind of real or personal property which are necessary and proper
for the attainment of the purpose of the hospital; and

h. To perform such acts and exercise such functions as may be necessary and proper
for the attainment of the purposes and objectives herein specified.

SEC.6. Board of Trustees. — The affairs and business of the Blood Center shall be
directed; its properties managed; and its corporate powers exercised, unless otherwise
provided in this Charter, by its own Board of Trustees, which shall be composed of
seven (7) members, follows:

a. The Secretary of the Department of Health as Chairman of the Board, or
his duly authorized representative;
b. The Department of Health Undersecretary in charge of supervising
specialty hospitals;
©. One (1) member from the private sector, preferably with experience in
finance, administration or management;
. One (1) representative who is an expert in hematology;
. One (1) representative who is an expert in blood transfusion;
One (1) representative from NGO involved in health advocacy; and
The Blood Center Executive Director.

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The terms of office, manner of appointment of the trustees and other matters
pertaining to the governance of the Blood Center shall be determined in accordance with the
pertinent provisions of RA 10149.

SEC.7. Powers and Functions of the Board.- The Board of Trustees, which shall be
the policy-making body of the Blood Center, shall have the following powers and functions:

a. Set the policies and direction to the Blood Center in order to accomplish its
mandate;

b. Adopt a set of by-laws, rules, regulations, guidelines and procedures consistent
with law and the provisions hereof to govern the administration and operation of
the Blood Center;

¢. Establish the organizational structure of the Blood Center, define the duties and
responsibilities of its officials and employees, and adopt a compensation and
benefit scheme, subject to the pertinent provisions of RA 10149 or known as the
GOCC Govemance Act of 2011;

4. Establish and maintain professional and technical educational systems for the
sustained development of the necessary manpower to manage and operate its
affairs and business;

€. Authorize the expenditures of the Blood Center as may be necessary or proper for
its efficient and effective management, operation and administration;

f, Send the personnel of the Blood Center to research institutes, medical institutes or
universities for advance training or observation and to attend international or
regional conventions, conferences, congresses or seminars as the Board of
‘Trustees may deem necessary to accomplish the purposes and objectives of the
Blood Center;

g. Enter into such agreements and arrangements with other medical or similar
institutions, domestic or foreign, as it may deem desirable toward promoting the
purposes and objectives of the Blood Center;

h. Appoint, remove, suspend or otherwise discipline the Executive Director and
other officers of the Blood Center occupying executive and senior management
positions; and

i. Undertake such other acts and things as are or may be necessary for or incidental
to the accomplishment of the purposes and objectives of the Blood Center.

SEC.8. Executive Director of the Blood Center.- The Blood Center shall be headed

by the Executive Director, whose rank and emoluments shall be approved by the Board,
taking into account the prevailing practice in other specialty hospitals, and subject to the
pertinent guidelines issued by the Governance Commission for GOCCs. The Executive
Director shall have the following duties and responsibilities:

a. Direct and supervise the operations and administration of the Blood Center;


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b. Execute, administer and implement the policies and measures approved by the
Board;

. Prepare the agenda for the meetings of the board, and to submit for consideration
of the board such policies and measures as he/she believe(s) necessary to carry out
the purposes and objectives of this Act;

4. Represent the Blood Center in all dealings, i.e. meetings, contracts, negotiations,
etc., with all other offices, agencies and instrumentalities of the government and
with all persons and other entities, domestic or foreign;

€. Appoint, remove, suspend or otherwise discipline all other officers and employees
of the Blood Center; and

f To exercise such other powers and perform such other duties provided in the by-
laws and as vested to him by the Board.

SECS. Program for Indigents.- The Blood Center shall adopt and enforce a program
for indigents needing blood or blood products, as well as to indigent patients with blood
diseases, in accordance with the implementing guidelines on classification of patients and on
Availment of Medical Social Services in Government Hospitals. The Department of Health
shall ensure that this program for indigents is effectively implemented.

SEC.10. Income Retention.- The Blood Center is hereby authorized to retain and
utilize its income derived from its operation for the continuous improvement of its services
and facilities, subject to auditing rules and regulations. No amount from such income,
however, shall be used to augment the salaries and other compensation of the Blood Center
personnel beyond the amounts determined by the Governance Commission for Government
Owned and Controlled Corporations (GCG), as provided for in RA 10149.

SEC.11.Exemption form Taxes.-- The Blood Center shall be exempt from the
payment of taxes on all contribution thereto and all accruals on its income and investment
earnings.

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

The Blood Center shall be exempt from all other taxes, whether direct or indirect, on
its income, properties and operations.

SEC.12. Supervision.- The Blood Center shall be under the direct supervision of the
Department of Health for purposes of policy direction and control. It shall submit an annual
report to the Department of Health, pursuant to the pertinent provisions of RA 10149.

SEC.13. Assistance from the Government Offices.- The Blood Center may call upon
any department, bureau, office, agency or instrumentality of the govemment, including
government-owned or controlled corporations, for such assistance as it may need in the
pursuit of its purposes and objectives.

SEC.14. Implementing Rules and Regulations. — The Department of Health shall
issue the necessary Rules and Regulations to implement the provisions of this Act within
sixty (60) days from its effectivity


SEC.15. Appropriations. - The amount of Eight Hundred Fifty Million Pesos (Php
850,000,000.00) is hereby appropriated for the initial operation and maintenance of the Blood
Cente. Thereafter, such sum as may be necessary for the continued operation of the Blood
Center shall be included in the annual General Appropriations Act.

SEC.16. Separability Clause.- Should any part or provisions of this Act be declared
unconstitutional or invalid, the remaining parts or provisions not affected thereby shall
remain in full force and effect.

SEC.17. Repealing Clause.- Other relevant provisions of the R.A. No. 7160, insofar
as the appointment of agriculturist is concemed, and any law, decree, executive order, and
rules and regulations, or portions thereof not consistent with this Act are hereby amended
accordingly.

SEC.18. Effectivity.- This Act shall take effect after fifteen (15) days following the
completion of its publication either in the Official Gazette or in newspaper of general
circulation in the Philippines.

Approved,