HOUSE BEE-BO. 4797

Introdmoed by Howernble Carol Jayne B. Lopes

To date, there is no law passed by Congress addressing this
specific concern. Truc, there is Republic Act No. 9208, otherwise known

exploitative removal or sake of organs as an act of trafficking. It thus
raises the question: how sbout non-cxploitative removal of organs? Thus,
a law is necessary to determine preciecly when is removal of organ
considered exploitative or when it may be considered as a valid act of
donation.


‘The ratio between living and deceased donors cannot be over-
emphasized. Statistics! show that from 1999 to 2009, there has been an
averege of 178 (92.7%) living Kidey donora as compered to 14 (7-2)

deceased donors for Filipino recipients. Out of the 178, 102 (or 57%) are

Transplant Institute (HOPE-NKT), while there are 413 pay patients and
95 service patients on the inactive waiting Est of the same hospital'.
Annually, 5 active pay patienta, 3 active service patients, 10 inactive pay
patients and 10 inactive service patients dic while on the waiting liat®.
Yor this reason, the demand for kiiney donation is high.

It is undeniable that there are other succesful strategies to

advantaged of, provided proper parameters are observed. These
Parameters must’ in the end, not only increase potential donors but

\ Philippine Renal Disease Registry, FRDR Annual Report, Philippine
Society of Nephrology and Renal Disease Control Program, National

Kidney and Transplant Institute, Department of Health, 2010

For 2009

3 Dr. Luc Noel, Coordinator of WHO's clinical procedure team, as quoted
in WHO Bulletin entitled “Dilemma over Ive-donor transplantation”

4 Answer of HOPE-NKTI dated 30 September 2010 to query of the bill

ral


equally important is that, it must help curb or curtail illegal organ
commerce that not only degrades the person of the donor but may also
endanger their very lives leading therefore to exploitation.

or recipient be countenanced.
‘This bill, in the higher interest of public health, therefore primarily
ensures that the availability of organs and tissues, for donation, from

of these donors.

In view of the foregoing, the approval of this proposed measure is
camestly sought

list, YACAP


HOUSE Bin NO. 4797

Introduced by Hon. Carol Jayne B. Lopes:

AN ACT REGULATING THE DONATION AND TRANSPLANTATION OF
HUMAN ORGANS AND TISSUES FROM LIVING DONORS:

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

SECTION 1. Title. This act shall be known as “LIVING ORGAN
DONORS ACT OF 2011,”

SECTION 2. Declaration of Policies. It is hereby declared the
policy of the State to promote and protect the health of its people and, in
line with this policy, the State shall enact measures creating programs
inchiding but not limited to:

(A) Recognizing and regulating the donation of human organs
and tissues of living donors to prevent their exploitation and, more
importantly, ensure their legal entitlement to reasonable medical mpport
and other forms of assistance;

{B) Granting patients with end-stage discasca access to human
organs for transplantation but at the same time ensuring that there is

equitable distribution in the allocation of available organs among
qualified recipients;

{©) Encouraging donation of human organs and tissues, most
cepecially the directed living donation, without giving undue prejusice to
non-directed directed living donation, and taking ito consideration
respect for the dignity of human life, benefivence and non-maleficence,


solidarity and volunteerism, justice and equity;

(P) Developing and maintaining a national registry and
reporting system of donors and recipients of human organs and tissues,
and the continuous evaluation of the system.

SECTION 3. Definition of Terms. As used in this act, the
following terms shall have the following meanings:

“Human Organ or Tissue” refers to the kidney, liver, heart, tung,
pancreas, bone marrow, cornea, eye, bone, skin, nerve, muscle tissue
and any other human organ or tissue that may be transplanted to
another living person.

“Donation of an organ or tissue” refers to a voluntary act of a
person to give his organs or tissucs gratuitously in favor of another, who
accepts it. In this case, the recipient shall have no demandable or
enforceable right over the organ or tissue donated, but he may, after the
donation has been performed and in gratitude or acknowledgement of the
donation, give anything of value to the donor.

“Related Donors” refers to relatives by consanguinity up to the
fourth civil degree.

“Non-Related Donors” inchide the following:

(A) Those who are related by consanguinity beyond the fourth
{B) Those who are related within the fourth degree of affinity;

(C)Those not related by consanguinity or affinity but bear
emotional ties with the organ or tissue recipient (e.g.
friends, employees or employers,
fiance /fiancee); and

(D)Strangers.

“Directed living donors” - refer to a donor who has a specific
recipient in mind whom he would want to donate to.

“Non-directed living donors’ - refer to donors who would donate to
whoever matches on a list of waiting patients for organ transplant.


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partly depending om their agreement, for sny subsequent
thet may be developed by the donor im connection with the

;

Nothing in this Act however akalll prascrie the voluntary act of the
recipient im providing additional asemtence to the family of the donor
either through velihood projects and/ar educationel support to the
feanidy of the danor.

SECTION &. Duty of the State - If the organ or tissue recipient is
indigent, as certified to by the local branch of the Department of Social
Welfare and Development of the area where the recipient is a residlent,
the actual transplant shall be made in amy of the accredited

educational,
the donor and/or his next of kin.

SECTION 9. Duty of demess - In olf cases, it shall be the duty of
the donor, for his own protection, to ensure and verify thet his name is
registered in the national registry of donors maintained by the PODRRS.

SECTION 10. Incentives far dewam- An organ or tissue donor
shall be entitled t a leave of absence with pay for the period of his

confinement for purposes of actual trawsplantation and post-tranaplant
recowery for a period not to caceed Sfees (15) working days.

Should the donor develop a disshility, as defined under the Social
Security and Government Service ineurance System charters, resulting


from the transplantation procedure, he/she shall be entitled to a
disability pay, as therein defined and computed.

Further, should the donor eventually develop a disease or sickness
necessitating a transplant, the said donor shall be given priority in the
registry of potential recipients.

Furthermore, airline companies are to provide at least 10%
discount on airfare of potential donors, on their way to and from the
actual transplant operation, who have been found suitable, mentally
and physically to make the donation.

Finally, pharmaceutical companies and their distributors are
directed to ensure that at least a 10% discount is likewise provided for
post-transplant and transplant-related medicines personally consumable
by the donors.

SECTION 11. Uniewfal act. It is hereby declared unlawful and
punishable in its severest form any act of any third person tending to
broker, negotiate or engage in transactions that will lead or cause to be
lead the transplant of any organ from one person to another, whether for
a fee or for free.

SECTION 12. Philippine Network for Organ Sharing - The
Department of Health-established Philippine Network for Organ Sharing
(PHILNOS) bales hahaietenibie donation from deceased donors is
hereby recognized but in addition, it shall also come up. with
mechanisms and guidelines on living organ donors, as herein provided.

‘The DOH shall report to Congress before June 30 of every year the
analysis of information derived from the registry.

SECTION 13. Regulatory Authority - The Department of Health
shall be responsible for:

(A) Implementing the provisions of this Act;
{B) Issuing guidelines relative to the process of donar-screening
and evaluation as well as donor and recipient pre and post

government or private, thereby ensuring that all
t and facilities are available as well as

necessary
guarantecing that the transplant team have the necessary


expertise and experience in conducting the same;

(D) Issuing guidelines relative w the duties of hospitals and their
respective physicians relative to the conduct of transplant and
all its necessary incidents.

BECTION 14. Penalties for Violation - (A) A non-indigent recipient
who fails to perform any of the mandatory duties mentioned in Section 7
hereof as weil as the local chief executive and responsible officers of the
local government unit concerned, the officials and employees of hospitals
and companies directly involved under Sections 8 and 10 reapectively
hereof shall be held individually able and suffer the following penalties:

(2) Fine of not less than One Hundred Thousand Pesos
(P100,000.00) but not exceeding Five Hundred Thousand
Pesos {P500,000.00) or imprisonment of not less than one
year but not more than five years, or both, at the discretion
of the Court.

(2) For any subsequent violation in case
private corporations, a fine of not less than Two Hundred
Thousand Pesos (P200,000.00) but i

not less than two years but not more than six years, or both,
at the discretion of the court.

operate, franchise and other similar privileges granted to any
business entity that fails to abide by the provisions of this
Act.

(B) Any person found guilty of violating the provision of Section 11
hereof shall be penalized with imprisonment for not less than six (6)
years nor more than twelve (12) years and fine in an amount not less
than five hundred thousand pesos (P500,000.00) nor more than one
million pesos.


Sweepstakes Office to cover the financial requirements of this Act.

SECTION 16. Repealing Clause_ All Acts or parts of Acts, executive
orders and their implementing rules inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.

SBCTION 17. Scparability Clause. If any provision of this Act is
declared invalid, the remainder of this Act or any provisions not affected
thereby shall remain im force and in effect.

SBCTION 18. Efiectivity. This Act shal teke effect after fifteen days
from publication in two newspapers of general circulation.