0. 
The lack of supply to satisfy the need for organs and tissues is a serious problem 
common to all programs in organ and tissue transplantation. 
This bill seeks to establish a unified national system of organ sharing 
encompassing a patient registry to facilitate the success of organ transplantation and 
survival of patients by regulating the procurement of human organ and tissue 
$ 
transplantation. Some of the salient features of this bill are the following: 
4
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1. 
The establishment and maintenance of a Human Organ and Tissue 
Procurement and Transplantation 
etwork. This shall be a national 
system which will facilitate the acquisition and transplantation of the same 
by individuals in need of receiving life-saving organ transplantation. 
The creation of a Task Force which will conduct a study on all issues and 
common problem area in the human organ and tissue procurement and 
transplantation. 
The prohibition and punishment ’of individuals engaged in the marketing of 
human organs and tissues for profit. 
The enhancement and promotion of programs for organ and tissue 
donations. 
2. 
3. 
4. 
In the light of the foregoing considerations, approval of this bill is earnestly 
sought. 
DA 
- -  
Senator 


roduced by Senator Jinggoy Ejercito 
AN ACT 
TO REGULATE THE PROCUREMENT AND 
P 
AN ORGANS 
AND TISSUES AND FOR 
P 
_ r -  
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress Assembled 
SECTION 1. Tifle. - This Act shall be known as the "Ffuman Organ and Tissue 
licy - It is hereby declared national policy of the 
Procurement and Transplant Act of 2004." 
State to: 
eclaration of 
(a) Promote public access to multiple human organs and tissues; 
I
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.
 
(b) Address the technical and ethical issues involved in human organ and tissue 
procurement and transplantation; 
(c) Develop policies ensuring fair access to transplant surgery for individuals who 
without such surgery would be at risk of losing their lives; 
(d) Devise a system by which valuable human organs and tissues which are 
desperately needed by waiting victims of end-stage organ failure could be 
readily obtained and equitably distributed; 
(e) Motivate the public to become human organ and tissue donors; 
Encourage health professionals to identify in a timely manner prospective 
donors of human organs and tissues; 
Encourage and extend support to the laudable initiative and efforts of the 
voluntary non-governmental health organizations to encourage our citizens to 
become voluntary organ and tissue donors and enable those in need to 
benefit from the dramatic achievements and developments iii the field of 
human organ and tissue transplantation; 
Support and direct the development of a rational arid fair national health policy 
regarding the appropriate government and private sector roles human organ 
and tissue procurement and transplantation; and 
- 
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- -  


I 
(i) Prohibit and penalize the for-profit marketing of human organs and tissues. 
Of 
,, - As used in this Act, the term 
(a) "Human Organ and Tissue" refers to the kidney, liver, heart, lung, pancreas, 
bone marrow, cornea, eye, bone, skin, nerve, muscle tissues, and any other 
human organ or tissue that may be specified by the ecretary of Health by 
regulation. 
"For-profit Marketing" refers to a transaction whereby a person agrees for 
valuable consideration, whether given or to be given to himself or to another 
person to the sale or supply of any human organ or tissue from his body or 
from the body of another person, whether before or after his death or the 
death of the other person, as the case may be. 
"Valuable Consideration" does not include the reasonable payments 
associated with the removal, transportation, implantation, processing, 
preservatia_n, quality control, and storage of a human organ or tissue or other 
hospitalization expenses or the expense of travel housing and last wage or 
funeral expenses incurred by the donor of a human organ or tissue in 
connection with the donation of the organ or tissue. It will not also include any 
reasonable incentives to be given by the donee or other government or non- 
governmental organizations; 
"Transplant Center" refers to health care facility in which transplants of organs 
- 
and tissues are performed. 
SECTION. 4. For-Profit Marke 
, - The for-profit marketing of human organs 
.
.
 . 
and tissues is hereby declared unlawful. 
SECTION. 5. Human Organ an 
Procuremenf and Transplantation 
Network (Network). - The Secretary of Health shall encourage the establishment and 
maintenance of the human Organ and Tissue Procurement and Transplantation 
Network in various strategic geographical areas of the country to be determined by the 
Task Force as hereinafter created. 
SECTION 6. Composition. - The Human Organ and Tissue Procurement and 
Transplantation Network shall be a non-profit entity which is not engaged in any activity 
not related to organ and tissue procurement, and shall have a board of directors which 
include representatives of organ and tissue procurement organizations. 
rk.- The Network shall establish a list of 
individuals in one location who needs organs or tissues, and a national system in 
accordance with established medical criteria, to match organs or tissues and individuals 
included in the list especially individuals whose immune system makes it difficult for 
them to readily or successfully receive organs or tissues. 
SECTION 7. 


In addition, the 
(a) Maintain a twenty-four hour telephone service to facilitate matching organs or 
(b) Assist local organ and tissue procurement organizations in the distribution of 
organs and tissues which cannot be placed within the service areas of the 
organizations; 
(c) Adopt and use standards of quality for the acquisition and transportation of 
donated organs and tissues; 
(d) Prepare and distribute, on a regionalized basis, samples of blood sera from 
individuals who are included on a list and whose immune system makes it 
difficult for them to receive organs or tissues, in order to facilitate matching 
the compatibility of such individuals with organ and tissue donors 
tissues with individuals included in the list; 
1 
(e)Coordinate the transportation of organs and tissues from procurement 
organizations to transplant including those from other countries. In the case 
latter the same shall be facilitated in accordance with Section 14 of Republic 
Act No. 7170 otherwise known Organ Donation Act of 1991 under the 
provision on International Sharing of Human Organs or Tissues; 
Provide information to physicians and other health professionals regarding 
Qrgan and +issue donations; and 
(9) Collect, analyze, and publish data concerning organ and tissue donations and 
transplants. 
rgan and Tissu 
curement (HOTP 
organ and tissue procurement may be established in strategic geographical country, 
subject respectively the approval and of the Secretary of Health. Such organization 
shall: 
(a) Be a non-profit entity; 
(b) have an accounting and other fiscal procedures necessary to assure the fiscal 
(c) have a Board of Directors or Advisory Board the composition of which shall be 
2
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stability of the organization; 
determined by the Task Force as may hereinafter be created; 
(d) have a director and such other staff, including the human organ donation and 
tissues coordinators and human organ and tissue procurement specialist 
necessary to effectively obtain human organs and tissues from donors in its 
servlce area. 
SECTION 9. ~uncfion offhe 
. - A human organ and tissue procurement 
(a) Conduct and participate in systematic efforts, includin 
professional 
organization shall: 


education, to acquire all useable organs and tissues from potential donors; 
(b) Arrange for the acquisition and preservation of donated human organs and 
tissues and provide quality standard for the acquisition of human organs 
and tissues which are consistent with the standards adopted by the 
Network; 
(c) Arrange for the appropriate tissue typing of donated human organs; 
d
.
 
(d) Have a system to allocate donated human organs and tissues among 
transplant centers and patients according to established medical criteria; 
(e) Participate in the Network authorized to be established under this Act; and 
(f) Make arrangements to cooperate with human organ and tissue banks for the 
retrieval, processing, preservation storage and distribution of human organs 
and tissues as may be appropriate to assure that all useable human organs 
and tissues are obtained from potential donors. 
SECTION 10. Registry of Recipien 
orf. - The Secretary of Health shall 
require 
the network to develop and maintain a scientific registry of the recipients of human 
organ and tissue transplants. The registry shall include such information respecting 
patients and transplant procedures as he may deem necessary to an ongoing 
evaluation of the scientific and clinical status of human organ and tissue transplantation 
The Secretary of Health shall regularly report Congress on the analysis of 
information derived from registry. 
- 
_d 
-+ - 
SECTION 11. Adviso 
- The Secretary of Health shall form 
an advisory panel or board in the Department of Health which shall assist him in: 
(a) Supervising the private sector in the human organ and tissue procurement 
activities provided for in this Act; 
(b) Conducting a program of public information to inform the public of the need 
for human organ and tissue donations; 
(c) Providing technical assistance to human organ and tissue procurement 
organizations established in accordance with this Act; 
. 
1
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(d) The preparation of an annual report to be submitted to Congress on the 
status of human organ and tissue donation and coordination services, 
including an analysis of the' efficiency and effectiveness of the procurement 
and allocation of human organs and tissues, a description of problems 
encountered in the procurement and allocation of human organs and tissues, 
and clinical and scientific status of human organ and tissue transplantation. 


. - Within two (2) months from the effectivity of this 
Act, the Secretary of Health shall establish a Task Force on Human Organs and Tissue 
Procurement and Transplantation (hereinafter referred to as the Task Force" 
SECTION 13. Co 
d 
- 
(a) The Task Force shall be composed of the following; 
(I) 
Five (5) physicians or scientist who are eminent the various medical and 
scientific specialties ,related to human organ and tissue transplantation; 
(2) One (I) person who is not a physician or scientist and who represent 
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the 
(3) Three (3) individuals who are not physicians and who as a group have 
expertise in the field s of law, theology, ethics, health care financing, and 
social. and behavioral sciences; 
(4) Two (2) individuals who are not physicians or scientists and who are 
(b) The members of the Task Force shall be appointed the President which need 
not be submitted for confirmation by the Commission on Appointments. 
(c) No individual who is a full-time officer or employee of the Philippine 
Government may be appointed Task Force. A vacancy in the Task Force 
shall in the manner in which the original appointment. A vacancy in the Task 
Force shall not affect 
field of human organ and tissue procurement; 
members of the general public. 
(d) The members shall be appointed for the life of the Task Force. 
(e) The Task Force shall elect its Chairman from among its members. 
(f) One-half plus one of the members of the Task Force shall constitute a 
(g) - -  The Tasksorce, shall hold its first meeting. on the date specified by the 
quorum to do business, but a may hold hearings. 
Secretary of Health which shall not be later than thirty (30) days from the 
establishment of the Task Force.! Thereafter, the Task Force shall meet at 
the call of the Chairman or a majority of, its members, but shall meet at least 
twelve C12) times during the lifetime of the Task Force. 
! 
(h) The Secretary of Wealth shall provide the Force with administrative and 
support services as the Force may require to carry out effectively its duties. 
SECTION 14. 
- The members of the Task Force shall receive 
honorarium in such amount the President of Philippines shall determine 'for each 
meeting of the Force actually attended by them, but in no case shall honorarium exceed 
the sum of Twenty-four thousand (P24,OOO.OO) for each member for the whole life of the 
Task Force. 


. - The Task Force shall perform the following 
Conduct comprehensive examination 
of the medical, legal, ethical, 
economic - and social issues presented by human organ and tissue 
procurement and transplantation; 
Make an assessment of immunosuppressive medications used to prevent 
organ and tissue rejection in transplant patients, includin 
_* 
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1. An analysis of the safety, effectiveness, and costs (including cost 
savings from improved success rates of transplantation) of different 
modalities of treatment. 
I 
2. An identification of problems that patients encounter in obtaining 
3. An analysis of the extent of insurance reimbursement for long- therapy 
for organ and tissue transplant patients by private insurers and the 
public sector. 
4. An analysis of the comparative advantages of grants, coverage under 
existing programs, or other means to assure that individuals who need 
such medications can obtain them. 
immunosuppressive medications; 
(c) Make an assessment of public and private efforts to procure human organs 
and issues for transplantation and; identification of factors that diminish the 
number of human organs and tissues available for transplantation. 
(d) Make an assessment of problems in coordinating the procurement of viable 
human organs and tissues, including skin and bone for transplantation. 
(e) Make recommendations for the education and training of health professionals, 
including physicians, nurses, and hospital and emergency care personnel, 
with respect to human organ and tissue procurement and transplantation. 
(f) Make recommendation for the education of the, general public, health 
workers, the clergy, law enforcement officers, members of the local fire 
departments, and other agencies and individuals that may be instrumental in 
affecting human and tissue procurement. 
- -  
(g) Make recommendations for assuring equitable access by patients to organ 
and tissue transplantation and for assuring equitable allocation of donated 
human organs and tissues among transplant centers and among patients 
medically qualified for an organ and tissue transplant. 
(h) Identify the barriers to the donation of human organs and tissues to patients 
(with special emphasis upon pediatric patients), including an assessment of 
1. Barriers to the improved identification of human organ and tissue 
donors and their families and organ and tissue recipients. 
.
.
 I 


er of potential human organ and tissue donors and their 
geographical distribution. 
3. Current health care services provided for patients who need human 
organ and tissue transplantation and human organ and tissue 
procurement procedures, system 
which affect such, 
patients. 
h u m  organs and tissues; and 
5. Ethical and economic, issues relating to human organ and tissue 
transplantation needed by chronically ill patients. 
4. Cultural factors affecting the family with respect to the donation of 
-- 
- 
Make recommendations for the conduct and coordination of continuing 
research concerning all aspects of the transplantation of human organs and 
tissues. 
Make an analysis of the factors involved in insurance reimbursement for 
transplant procedures by private insurers and the public sector. 
(k) Make an analysis of the manner in which human organ arid tissue 
transplantation technology is diffused among and adopted by ’ qualified 
medical centers. Including a specification of the number and geographical 
distribution of qualified medical centers using such technology and an 
assessment of whether the number of centers using such technology is 
sufficient or excessive and of whether the public has sufficient access to 
medical procedures using such technology. 
(I) Make an assessment of the feasibility of establishing and of the likely 
SECTION 16. Designafion of Hospitals and Medical Centers. - The Secretary 
of Health may, upon the recommendation of the Task Force, designate hospitals and 
medical equipped with the appropriate state-of-the-art facilities as training centers for 
Human organ procurement and transplantation 
. - Not later three (3) months after the Task Force is 
established, shall transmit a report to the Secretary of Health and Congress its 
assessments of immune-suppressive medications to prevent organ and tissue rejection. 
Not later than six (6) months after the date on which the Task Force is 
established, the Task Force shall transmit a final report to the Secretary of Health and 
the Congress, which skall include - 
I .  A description of any finding and conclusion of the Task Force made pursuant 
2. Such recommendation as the Task Force considers appropriate. 
effectiveneSs of a national and tissue donors. 
SECTION 17. Rep0 
to any study conducted under this Act. 
.
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 . 


EC 
ny person who shall buy and sell human organs or 
tissues for profit-marketing shall, upon conviction suffer the penalty of imprisonment for 
not less than two (2) years nor more than five (5) years and to pay a fine of not less 
than Ten thousand pesos (PlO,OOO.OO), 
nor more than Fifty thousand pesos 
(50,000.00), at the discretion of the court, if the offender is a public officer he shall, in 
addition, suffer the penalty of perpetual absolute disqualification from holding a public 
office. If the offender 
is an alien, he shall be deported further proceedings. 
for-profit marketing transactions shall be free from any liability." 
A Doctor of Medicine or any health professionals who has no knowledge of any 
SECTION 19.=Approp fion. - The sum of Three million pesos (P3.000.000.00) 
not otherwise appropriated from the funds of the National Treasury is herby 
appropriated to implement the provisions of this Act. Thereafter, the same shall be' 
included in the General Appropriations Act. 
SECTION 20. Rule an 
- The Secretary of Health, after 
consultation with health professionals, both government and private, and non- 
governmental health organizations shall promulgate such rules and regulations as may 
be necessary for the proper implementation of this Act. 
1
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SECTION 21. 
. - All laws, decrees, ordinances, rules and 
regulations, executive or administrative orders, and other presidential issuances 
inconsistent with the provisions of this Act are hereby repealed, amended or modified 
accordingly. 
SECTION 22. Separab 
. - 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 for force and effect. 
SECTION 23. Effecfillr 
- This Act shall, take effect after fifteen (15) days 
following its publication in at, least two (2) newspapers of general circulation, 
Approved.