Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session
40

HOUSE BILL NO.__***

Introduced by Representative Giorgidi B. Aggabao

EXPLANATORY NOTE

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 earnestly requested.

GIORGI 'GABAO



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Representative Giorgidi B. Aggabao

AN ACT
STRENGTHENING THE HUMAN ORGAN DONATION PROGRAM
FOR ORGAN AND TISSUE TRANSPLANTATION,
‘AND FOR OTHER PURPOSES

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 also as the "Organ Donation Act of
2014".

Section 2. Definition of Terms. - As used in this Act the following terms shall mean:

(a) “Allowable Reimbursement” - 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 and/or
part, or the expenses of 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.

(©) “ Commercial Dealings” ~ refers to:

(1) The sale, barter or any transaction of human organ, tissue and/or part
which involves valuable consideration in whatever form;

(2) Any transaction involving the illegal trafficking of human organ, tissue
and/or part through whatever means; and

(3) Brokering for such transaction whether for money or any other
consideration in violation of this act.


(d) "Death" - 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 either:

(1) In the opinion of the attending physician, based on the acceptable
standards of medical practice, there is an absence of natural respiratory
and cardiac functions and, attempts at resuscitation would not be
successful in restoring those 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 resorting such natural functions. In this case, death shall be
deemed to have occurred at the time when these conditions first appeared.

‘The death of the 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.

(e) "Decedent" - a deceased individual, and includes a still-born infant or fetus.

(9) "Donor" ~ an individual who voluntarily donates his organ, tissue and/or part
gratuitously to another, who accepts it. In this instance, the recipient has no
demandable or enforceable right over the organ or tissue donated, but he
may, after the donation has been done and in recognition of the donation,
give directly to the donor or his immediate family all or any of the items
enumerated in section 16 (b) and (c) of this Act. The term “donor” also refers
to an individual authorized under this Act to donate all or part of the body of
a decedent.

(g) “Donor Allocation Scoring System” (DASS) - is the national scoring system by
which allocation of kidney grafts from deceased donors shall be based.

(h) “Graft” - is an organ that has been removed from the body of an organ donor
for transplantation into a recipient.

(i) "Hospital" - a hospital licensed, accredited or approved under the law, and
includes a hospital operated by the Government.

() “Human Organ” ~ refers to the kidney, liver, heart, lung, pancreas, cornea,
skin and any other transplantable human organ.

(k) “Human Tissue” ~ refers to bone marrow, bone, muscle tissue and any other
transplantable human tissue.


(1) “immediate Family" of the decedent - the persons enumerated in Section 5(a) of
this Act.

(m) “Indigent” - refers to an individual who has no visible means of income,
‘or whose income is insufficient for the subsistence of his family, as
identified/listed or certified by the Department of Social Welfare and
Development (DSWD) as poor in the National Household Targeting System
for Poverty Reduction or having an income below the poverty threshold as
determined by the National Economic Development Authority (NEDA).

(n) “Living Donor” - an individual who is willing to donate his organ or part of

his body while still alive. A living donor is classified as:

(1) “Living Related Donor (LRD)” = a donor who is related to the recipient
by blood within the fourth degree of consanguinity, including parents,
children, siblings, nephews/nieces and first cousins.

(2) “Living Non-Related Donor (LNRD)” ~ a donor who is not related to the
recipient by blood but willing to donate his organs.

An LNRD is further classified as:

2.a “Directed Living Organ Donor” - refers to a donor who has a specific
recipient in mind to whom the organ shall be donated.
2b “Non-Directed Living Organ Donor” - refers to a donor who would
donate to whoever matches on the human organ transplant waiting list.

(0) "Organ/Tissue Bank Storage Facility’ - a facility licensed, accredited or
approved under the law for storage of human bodies or parts thereof.

(p) “Organ Recovery Organization (ORO)” ~ refers to a Department of Health
(DOH) accredited non-profit organization, independent or hospital-based
which is licensed and authorized to obtain organs for transplantation. An
ORO is responsible in identifying, evaluating and obtaining organ donations
from deceased donors from hospitals, including the preservation and
transportation of such organs.

(@ “Organ Transplant Candidate (OTC)" ~ refers to a patient diagnosed to have
end-stage-organ-disease (ESOD) who is qualified to receive an organ graft.

(*) "Part - includes transplantable organs, tissues, eyes, bones, arteries, blood,
other fluids and other portions of the human body.

(s) "Person" - 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.

(t) “Philippine Network for Organ Sharing (PhilNOS)” - an organization under the
Department of Health that facilitates and oversees human organ and tissue
donation and transplantation in the country.


(u) “Philippine Organ Donor and Recipient Registry System (PODRRS)” ~ is the
system that shall contain the national computerized database of all organ
transplant candidates and recipients, and organ donors.

(v) "Physician" or "Surgeon" - a physician or surgeon licensed or authorized to
practice medicine under the laws of the Republic of the Philippines.

(w)"Referring Hospital” - refers to any hospital that identifies and refers potential
deceased organ donor to PhilNOS.

(x) “Transplant Center (TxC)" - refers to a hospital with transplant facilities duly
accredited by the DOH.

(y) “Transplant Coordinator (TC)" ~ is the designated trained health care
professional who takes the central role and acts as liaison among, the donor
hospital, retrieval and transplant team members in processing a potential
organ donor.

(2) "Valuable Consideration” - means any financial gain or benefit but does not
include “allowable reimbursement” defined in sub-section (a) hereof.

Section 3. Coverage - This Act shall cover all government and private hospitals and
health facilities, organ recovery organizations, medical and allied medical practitioners
or professionals, foundations, non-government organizations and other government
units that are involved in organ and tissue transplantation in the Philippines.

This Act shall also cover deceased and living organ donations for transplantation
purposes.

Section 4. Person Who May Execute a Legacy. ~ Any individual, at least eighteen (18)
years of age and of sound mind, may give by way of legacy, to take effect after his
death, all or part of his body for any purpose specified in Section 6 hereof.

Section 5. Person Who May Execute a Donation. ~
(a) Any of the following persons in the order of priority stated hereunder, 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, may donate all or any
part of the decedent's body for any purpose specified in Section 6 hereof:

(1) Spouse;

(2) Son or daughter of legal age;

(3) Hither parent;

(4) Brother or sister of legal age; or

(5) Guardian over the person of the decedent at the time of his death.

(b) The persons authorized by sub-section (a) of this Section may make the

donation after or immediately before death.


Section 6. Examination of Human Body or Part Thereof. - A legacy of 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 intended.

For purposes of this Act, the harvest of the human organ or tissue from brain-
dead, heart-beating donor who died from accident, trauma or medico-legal cause will
be part of the autopsy to be performed or overseen by law enforcement authorities,
including the police or the National Bureau of Investigation (NBI), after the harvest.

Section 7. Persons Who May Become Legatees or Donees. ~ The following persons may
become legatees or donees of human bodies 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;
(b) Any accredited medical or dental school, college or university - For
education, research, advancement of medical or dental science, or therapy;
(©) Any organ/tissue bank storage facility - For medical or dental education,
research, therapy, or transplantation; and
(a) Any specified individual - For therapy or transplantation needed by him.

Section 8. Duty of Hospitals. - A hospital authorized to receive organ donations or to
conduct transplantation shall train qualified personnel and their staff to handle the task
of introducing the organ donation program in a humane and delicate manner to the
relatives of the donor-decedent enumerated in Section 5 hereof. The hospital shall
accomplish the necessary “routine inguiry/required request” form or document that
will elicit from the patient, upon admission to the hospital, or his immediate family at
the death of the patient, about their instruction beforehand on organ donation which
will be added to the record of the patient.

All hospitals shall refer potential deceased donors to PhiINOS, which shall refer
the organ procurement to an ORO.

‘A hospital that fails to comply with this Section shall, after due hearing, be
penalized with a revocation of:

(a) License to operate; and

(b) PhilHealth’s accreditation.

Section 9. Manner of Executing a Legacy. -

(a) Legacy of all or part of the human body under Section 3 hereof may be made
by will, The legacy becomes effective upon the death of the testator without waiting for
probate of the will. 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 all or part of the human body under Section 3 hereof 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 his 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 a person, must be signed
by the testator in the presence of two witnesses who must sign the document in his
presence. If the testator cannot sign, the document may be signed for him at his
discretion and in his presence, in the presence of two 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.

(c) The legacy may be made to a specified legatee or without specifying a 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 a part or parts of the body of the decedent.

(d) The testator may designate in his will, card or other document, the surgeon or
physician who will carry out the appropriate procedures. In the absence of a
designation, or if the designee is not available, the legatee or other persons authorized
to accept the legacy may authorize any surgeon or physician for the purpose.

Section 10. Organ Donor Cards - A donor may also indicate his willingness to
donate his organ, tissue or part either through a donor card or the government-issued
identification (ID) cards and licenses, including the following:

(a) Land Transportation Office (LTO)- issued driver's license

(b) PhilHealth membership ID

(c) Government Service Insurance System (GSIS) membership ID

(d) Social Security System (SSS) membership ID

(c) Professional Regulation Commission (PRC) license card

(f) Bureau of Internal Revenue (BIR) Tax Identification Number (TIN) ID

(g) Department of Foreign Affairs (DFA) issued Philippine Passport

The concerned government agencies including the LTO, PhilHealth, GSIS, $55,
PRG, BIR and DFA, in coordination with the Secretary of Health through the existing
PhilNOS, shall devise their respective application forms wherein the consent of the
applicant to be an organ/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.


Section 11. Manner of Executing a Donation - Any donation by a person authorized
under subsection (a) of Section 5 hereof shall be sufficient if it complies with the
formalities of a donation of a movable property.

In the absence of any persons specified under Section 5 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
deceased classified as accident, trauma, or other medico-legal cases, the purpose of
transplantation of the organ to the body of a living person: Provided, That the physician,
head of the 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 5 hereof or guardian of the decedent at the time of death: Provided, however, That
the said physician, head or designated officer of the hospital, or the medico-legal officer
of any government agency which has custody of such body may authorize the removal
of the cornea or corneas of the decedent within twelve (12) hours after death and upon
the request of qualified legates or donees for the sole purpose of
transplantation: Provided, That such removal of the cornea or corneas will not interfere
with any subsequent investigation or alter the post-mortem facial appearance of the
decedent by such means as placing eye caps after the said cornea or corneas have been
removed.

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

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

(b) The physician attending to recipient of the organ to be removed; nor

© The head of hospital or the designated officer authorizing the removal of the
organ.

Section 12, Person(s) Authorized to Remove and Transplant Organs and Tissues - Only
authorized medical practitioners in a hospital shall remove and/or transplant any
organ which is authorized to be removed and/or transplanted pursuant to Section 6
hereof: Provided, however, That 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.


Section 13, Delivery of Document of Legacy or Donation. - If the legacy or donation is
made to a specified legatee or donee, the will, card or other document, or an executed.
copy thereof, may be delivered by the testator or donor, or its authorized
representative, 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.

Section 14. 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 legate 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 to that effect; or

(2) An oral statement to that effect made in the presence of two
other persons and communicated to the legatee or donee; or

(3) A statement to that effect during a terminal illness or injury
addressed to an attending physician and communicated to the legatee or
donee; or

(4) A signed card or document to that effect 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 legatee 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 made by 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.

Section 15, Rights and Duties After Death. - (a) The legatee or donee may accept or
reject the legacy or donation as the case may be. If the legacy of donation is of a part of
the body, the legatee or donee, upon the death of the testator and prior to embalming,
shall effect the removal of the part, avoiding unnecessary mutilation. After removal of
the part, 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.

(b) Any person who acts in good faith in accordance with the terms of this Act

shall not be liable for damages in any civil action or subject to prosecution in any

criminal proceeding of this Act.


Section 16, Assistance to Donor - A human organ/tissue donor and his immediate
family shall be entitled to the following assistance and recognition:

(a) A living donor shall be given priority if he 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 his immediate family, as enumerated in their
order of priority in section 5 hereof, should need also an organ in the future.
Conversely, a living person, who expressed his objection through a will, card
‘or other document to be a human organ and tissue donor, shall be assigned
lower priority in the transplant waiting list.

(b) A living donor shall be entitled to reasonable payments associated with the
removal, transportation, implantation, processing, preservation, quality
control, and storage of a human organ or the expenses of travel, housing, and
lost wages incurred by the donor of a human organ in connection with the
donation of the organ, medical insurance and periodic health monitoring, life
insurance, and cost of medicines of the donor to attain full recovery;

(©) Arecipient or a non-profit organization may voluntarily provide to the family
of the organ donor additional support, including educational assistance
and/or livelihood project.

(a) The donor’s heroic and noble act shall be recognized by memorializing it
through a “Dugtong Buhay” award to be given by the Secretary of Health.

(0) A living donor, who is already employed either in the government or private
sector, shall be entitled to paid leave during the time of his full recovery.

() A living donor shall be given priority in employment either in the
government or private sector provided that a physician certifies that the
living donor is fit for work.

The Secretary of Health in coordination with the concerned agencies, including

the Civil Service Commission and the Department of Labor and Employment, shall
formulate the necessary guidelines for the effective implementation of this Section.

Section 17. Prohibited Discriminatory Acts - It shall be unlawful to discriminate
against a living organ donor in any form from pre-employment to post-employment,
including hiring, promotion or assignment by reason of his being an organ donor
despite a certification from a physician that the living donor is fit for work.

Any discriminatory act mentioned in this Section shall be punishable with a penalty of
imprisonment for six (6) months to four (4) years and a fine not exceeding Ten thousand
pesos (P10,000.00). In addition, the license/permit of an employer found guilty of
committing any of the discriminatory acts shall be revoked.

Section 18. PhilHealth Assistance - Pursuant to its mandate under the National Health
Insurance Act of 1995, as amended, the Philippine Health Insurance Corporation
(PhilHealth) shall:


(a) Develop a benefit package to reimburse the human organ/tissue acquisition
cost to the host ORO.

(b) Increase its present benefit package for indigents and other patients who
cannot afford the entire cost before, during and after organ transplantation,
including the other concomitant expenses for, among others, anti-rejection
drugs or immunosuppressant. For this purpose, the PhilHealth shall
formulate a socialized medical and financial assistance scheme in relation to
the annual family income of the patient to enable him to pay for the
transplant and ensure his survival.

Section 19. International Sharing of Human Organs or Tissues. - Sharing of human
organs or tissues shall be made only through exchange programs duly approved by the
Department of Health: Provided, That foreign organ or tissue bank storage facilities and
similar establishments grant reciprocal rights to their Philippine counterparts to draw
organs or tissues at any time.

Section 20. Information and Education Drive. - In order that the public will obtain the
maximum benefits from this Act, the Department of Health, in cooperation with
institutions, such as the National Kidney Institute, civic and non-government 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
Commission on Higher Education shall undertake a public information and education
program.

The Secretary of Health shall endeavor to persuade all health professionals,
government and private, as well as media organizations from print, radio and
television, to make an appeal for and inform the public of the importance of human
organ donation. Any person, natural or juridical, undertaking this public information
on human organ and tissue donation shall be entitled to tax credit,

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 Commission on
Higher Education for the effective implementation of this provision. The Information
and Advocacy Committee under the existing PhilNOS shall be in charge of the training
program of the faculty members of the schools who handle 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, which shall enjoy franking privilege.

Accordingly, the month of April of every year is hereby declared as “National Human
Organ Donor Awareness” month. The Secretary of Health shall spearhead in carrying


out programs and activities for this purpose in coordination with various government
and private agencies and organizations, including professional societies or associations
related to human organ donation and transplantation.

Section 21. Philippine Organ Donation and Transplantation Board (PODTB) - There is
hereby established a Philippine Organ Donation and Transplantation Board (PODTB)
under the Department of Health.

(A) Functions of the PODTB - The Board shall have the following functions:

acl. Review and approve programs in support of a rational, ethical,
accessible and equitable organ transplantation program in the
country; and

a.2. Approve the issuance of the certificate of accreditation of transplant
facilities.
(b) Composition of the PODTB - The Board shall be composed by the:
b.1. Secretary of Health, who shall act as the Chairperson

b.2. Undersecretary for Policy and Standard Development Team (PSDT) for
Service Delivery ~ Vice Chairperson

b.3. Chairperson of National Transplant and Ethics Committee (NTEC)
b4. PhilHealth President or his representative

b5. Representative from a government transplant facility appointed by the
Secretary of Health

b6. Representative from a private transplant facility appointed by the
Secretary of Health

7. Representative from the professional societies involved in
transplantation, including Philippine Society of Transplant Surgeon (PST),
Philippine Society of Nephrology (PSN), Philippine Urology Association
(PUA) and Transplant Society of the Philippines (TSP) designated by the
societies on a rotational basis to a term of two (2) years.

b8. Professional Regulation Commission (PRC) Chairperson or his
representative.


b.9. Representative from Inter-faith organizations.

b.10.Representative from non-government organizations involved in Health
advocacy preferably on human organ donation.

The Secretary of Health may:
(a) Appoint additional members based on the recommendation of the PODTB;

(b) Appoint additional members to the National Transplant Ethics Committee
(NTEC) and the Philippine Network for Organ Sharing (PhilNOS) based on
the recommendation of the PODTB; and

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

Section 22. Philippine Network for Organ Sharing (PhiINOS) - There is hereby
established the Philippine Network for Organ Sharing (PhiINOS) under the DOH. The
PhilNOS shall have the following functions:

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

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

(©) Implement the policies on deceased donor allocation;

(d) Maintain three (3) national registries, with data coming from ‘each local
transplant facility, to include:

d.. Registry of all kidney transplants performed in the country in the
country;

d.2. Registry of all placed living donors; and

.3. Registry of all patients seeking kidney transplantation (national waiting
list).

(e) Perform such other functions as may be ordered by the Secretary of Health
and PODTB for those related to its primary functions.


Section 23. Organ Recovery Organization - In order for PhilNOS to effectively carry
out its functions, organ special service units to be called “Organ Recovery
Organizations” (OROs) shall be allowed and encouraged. An ORO shalll be a non-profit
organization, independent or hospital-based and accredited by the Department of
Health (DOH) to obtain organs for transplantation. An ORO shall be responsible in
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 shall be
designated for each region and major hospital in the country as well as in areas where
transplant activity is concentrated.

Section 24, National Transplant Ethics Committee (NTEC) - There is hereby
established a National Transplant Ethics Committee (NTEC) under the Department of
Health. The Committee shall have the following functions:

(A)Formulate national ethical standards/guidelines on organ donation and
transplantation for approval by the PODTB.

(B) Assist the PODTB in the resolution of ethical issues.

(C) Assist in the monitoring of transplant facilities to ensure compliance with
ethical standards/guidelines.

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

Section 25. Prohibited Commercial Dealings - the following acts, which constitute
commercial dealings, are prohibited:
(a) The sale, barter or any transaction of human organ, tissue and/or part which
involves valuable consideration in whatever form

(b) Any transaction involving the illegal trafficking of human organ, tissue
and/or part through whatever means; and

(©) Acting as a broker for such transaction whether for money or any other
consideration in violation of this Act.


Section 26. Penalties - Any person found guilty of committing any of the acts
enumerated in Section 25 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)..

Section. 27. Charity Fund, - There is hereby created a charity fund for indigents and
other patients in need of financial assistance, One percent (1%) of Lotto gross sales of
the Philippine Charity Sweepstakes Office shall be earmarked and automatically
remitted directly to the Department of Health for the initial and continuing
requirements of the Charity Fund.

‘The fund shall be administered by the Department of Health, which shall
formulate a socialized medical and financial assistance scheme in relation to the annual
family income of the patient to enable him to pay for the costs before, during and after
the transplant and ensure his survival.

Section. 28. Annual Appropriations - The amount necessary for the continuing
requirements of this Act shall be included in the budget of the Department of Health in
the annual General Appropriations Act following the enactment of this Act.

Section 29. Rules and Regulations. ~ The Secretary of Health, after consultation with all
health professionals, both government and private, and non-government health
organizations shall promulgate such rules and regulations as may be necessary or
proper to implement this Act.

Section 30. Repealing Clause. - Republic Act No. 7170, entitled “An Act Authorizing
the Legacy of All or Part of a Human Body After Death for Specified Purpose,” and
Republic Act No. 7885, entitled “An Act to Advance Corneal Transplantation in the
Philippines, Amending for the Purpose Republic Act Numbered Seven Thousand One
Hundred and Seventy (R.A. No. 7170), Otherwise Known as the Organ Donation Act of
1991,” are hereby repealed. However, these laws shall remain in full force and effect
until the new rules and regulations to implement this Act shall have been promulgated.

Nevertheless, Sub-paragraph 7 of Paragraph V (General Policy Statements) of
DOH Administrative Order No. 2010-0018 and Sub-paragraph 6.d. of Paragraph VII
(Operational Guidelines) of DOH Administrative Order No. 2010-0019 are 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.

Section 31. Separability Clause. - The provisions of this Act are hereby deemed
separable. If any provision hereof should be declared invalid or unconstitutional, the
remaining provisions shall remain in full force and effect.

Section 32. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or at least two (2) newspapers of general circulation.