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SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO. 5989

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

In the Philippines, it is estimated that almost 3,000 blood units are
transfused to patients every day. This is no surprise, as blood transfusions help save
lives of those with grave illnesses or those who became victims of accidents or
natural disasters. It is fortunate that we have several facilities that arrange the
collection and supply of blood, through the Department of Health, authorized Local
Government Units, private hospitals, dialysis centers, birthing homes, and the
Philippine Red Cross, which supplies 51% of the country’s national blood
requirements.

But while these centers are essentially able to supply blood to patients, there
are many private medical facilities that charge additional fees before they perform
the blood transfusions. In some cases, they even reject the blood that came from
authorized facilities. Charges also vary in private hospitals, depending on the kind
of room the blood recipient is confined in. Thus, blood transfusion has become a
business transaction rather than a voluntary donation.

As blood is primarily free, it should not be used to make profits in exchange
for saving a life. Perhaps minimal fees that are charged are acceptable as they help
maintain and sustain the blood blank facilities. But to prey on the desperation of the
Patients to generate profitability is unacceptable. This bill seeks to preserve and
safeguard the essence of blood donation.

In view of the foregoing, the passage of this bills earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Regular Session

5989

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

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

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

SECTION 1. Sec. 3 of Republic Act No. 7719, otherwise known as the National
Blood Services Act of 1994, is hereby amended by adding the following definitions
after Subsection (j) to read as follows:

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

“a)xxx
“XXX;
“xxx.

“K) BLOOD SERVICE FACILITY - A UNIT, AGENCY OR INSTITUTION
PROVIDING BLOOD PRODUCTS, EITHER AS BLOOD STATION, BLOOD
COLLECTION UNIT, HOSPITAL BLOOD BANK AND BLOOD CENTER
(NATIONAL, SUB-NATIONAL AND REGIONAL);

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


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

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

“SEC. 12. PROHIBITED ACTS.
FOLLOWING SHALL BE PROHIBITED:

FOR PURPOSES OF THIS ACT, THE

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

(2) REFUSING TO ACCEPT ANY BLOOD/BLOOD PRODUCTS ISSUED
BY AUTHORIZED BLOOD SERVICE FACILITIES UNDER THE
PHILIPPINE NATIONAL BLOOD SERVICES NETWORK DUE TO
PREFERENCE OF BLOOD/BLOOD PRODUCTS SOURCED FROM
THEIR OWN BLOOD BANKS OR A DIFFERENT BLOOD BANK AS
DESIGNATED BY THE END-USER HOSPITAL OR OTHER HEALTH
FACILITY. THIS SHALL INCLUDE THE PRACTICE OF
REPLACEMENT DONATIONS WHEREIN PATIENTS ARE
REQUIRED TO BRING ACTUAL BLOOD DONORS TO SOURCE
THEIR BLOOD/BLOOD PRODUCT NEEDS;

(3) CHARGING ADDITIONAL/HIGHER FEES FOR BLOOD UNITS
DISPENSED WHICH EXCEED THE MAXIMUM ALLOWABLE
BLOOD SERVICE FEES, AS DETERMINED BY THE DEPARTMENT;

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

(5) RECEIVING PAYMENT IN EXCHANGE FOR DONATING BLOOD;

(6) REQUIRING REPLACEMENT BLOOD DONATIONS BY ANY BLOOD
SERVICE FACILITY TO AVOID COMPROMISING BLOOD SAFETY.

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

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


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

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

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

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

Sec. 4. SEC. 12 of Republic Act No. 7719, otherwise known as the National
Blood Services Act of 1994, is hereby renumbered as SEC. 14 and amended to read
as follows:

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

Any (person or persons who shall be responsible for the above
violation) INDIVIDUAL, OR THE RESPONSIBLE OFFICER, EMPLOYEE,
REPRESENTATIVE OF ANY CORPORATION, ASSOCIATION OR
ORGANIZATION FOUND RESPONSIBLE FOR COMMISSION OF THE
PROHIBITED ACTS AS DEFINED IN SEC. 12 shall suffer the penalty of
imprisonment of not less than one (1) month nor more than six (6) months,
or a fine of not less than [Five thousand pesos (P5,000.00) nor more than
Fifty thousand pesos (P50,000.00)] ONE HUNDRED THOUSAND PESOS
(P100,000.00), or both at the discretion of the competent court.


(B) Any person who shall establish and operate a blood bank without
securing any license to operate from the Department or who fails to comply
with the standards prescribed by the Department referred to in Section 9
hereof shall suffer the penalty of imprisonment of not less than twelve (12)
years and one (1) day or more than twenty (20) years or a fine of not less
than Fifty Thousand Pesos (P50,000.00) nor more than Five Hundred
Thousand Pesos (P500,000.00), or both at the discretion of the competent
court.

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

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

The Secretary, after due notice and hearing, may impose other
administrative sanctions such as, but not limited to, fines, suspension, or
revocation of license to operate a blood bank/center and to recommend the
suspension or revocation of the license to practice the profession when
applicable.

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

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

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


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

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

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

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

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

Approved,