Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH qas™y CONGRESS
First Regular Session

House Bill No. 4983

Introduced by Honorable SCOTT DAVIES S. LANETE, M.D.

EXPLANATORY NOTE

Transplantation has prolonged and improved the quality of life of patients in need
of organ replacement. The traditional source of organ grafts has always been the deceased
donors, i.e, individuals who suffer severe irreversible brain injury with the rest of the body
remaining practically intact and “healthy.” However, the perennial lack of deceased organ
donors has continually hampered the widespread application of transplantation. The
imbalance of supply and demand has created the need to resort to other sources of grafts,
such as living donors. Organ donation from living donors, albeit, a noble act of charity,
has been beset by numerous ethical issues, it has unfortunately lent itself to abuse and has
been tainted with commercialism in many areas of the world and oftentimes has been
associated with human trafficking,

On June 23, 2010 the Department of Health (DOH) attempted to address the
situation by establishing mechanisms to curtail organ sale and protect the living kidney
donor through AO No. 2002-0124 and AO No. 2008-0004-A. Despite the enactment of the
Organ Donation Act in 1991 and the subsequent issuance of Administrative Orders, the
potential of the use of deceased donors has yet to be fully utilized

The 2008 Declaration of Istanbul on Organ Trafficking and Transplant Tourism
strongly encouraged governments, in collaboration with health care institutions,
professional and non-governmental organizations, to take appropriate action to increase
deceased organ donation, remove obstacles and disincentives to deceased organ donation,
enact legislation and create transplantation infrastructure so as to fulfill each country’s
deceased donor potential (Istanbul Declaration 2008). Tackling the issue of human organ
and tissue transplantation in the 63" World Health Assembly, it was reported that
“experience in countries with the most successful deceased donor programs has shown the
advantage of having strong national organizations that can stimulate, coordinate and
regulate donation and transplantation. Such organizations can inform the public about the
importance of sustaining a community resource that is built on voluntary, unpaid donation
of organs, tissues and cells rather than on the exploitation inherent in organ purchases and
that provides equitable access to all.” (63° World Health Assembly provisional agenda
item 11.21).



The potential of deceased donor organs is yet to be maximized in our country
where the estimated number of deaths due to accidents is about 8,000 per year (ADB-
ASEAN Regional Road Safety Program Accident Costing AC7 Report: Philippines). This
bill is necessary to institutionalize the development of a national system of promoting
organ donation from deceased donors and sharing of grafts through the creation of the
Philippine Network for Organ Sharing (PHILNOS), which shall implement a system of
timely referral and processing of potential multiple organ donors, uphold equitable
allocation, efficient procurement and transplantation of organs from deceased donors.

In view of the foregoing, immediate passage of this bill is earnestly requested

HON. SCOTT DAVIES S, LANETE,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (15™) CONGRESS
First Regular Session

House Bill No. 4983

Introduced by Honorable SCOTT DAVIES S. LANETE,

AN ACT
ESTABLISHING A NATIONAL PROGRAM FOR SHARING OF
ORGANS FROM DECEASED DONORS AND APPROPRIATING
FUNDS THEREFOR.

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

SECTION 1. Title ~ This Act shall be known as the “National Program for Sharing
Organs from Deceased Donors Act,” otherwise known as “Deceased Organ Donor Act of 2011”.

SECTION 2. Policy ~ The State shall protect and promote the right to health of the people
and instill health consciousness among them. It recognizes the importance of an active deceased
donor program in providing valuable treatment to those with kidney failure as well as in protecting,
the vulnerable sectors of society from the potential for abuse of living organ donors. It maintains
that the human body or parts thereof, is beyond the commerce of man and shall prohibit an
commercialization in the handling of organs for transplantation. The State shall respect the d
of citizens to donate organs and shall ensure that the consent process is informed and purely
voluntary, It recognizes the family’s right to make a choice by having access to complete
information, including the positive impact that the act of organ donation will have on fellow
Filipinos.

SECTION 3. Creation and Nature of the Corporation. It is hereby created the Philippine
Network for Organ Sharing Corporation (PHILNOS), which shall have the status of a tax-exempt
government corporation attached to the Department of Health for policy coordination and
guidance. It shall facilitate a national system of promoting organ donation from deceased donors
and sharing of organs. It is tasked to serve as the central coordinating body for all deceased organ
donation and transplantation activities in the country.

SECTION 4. Records and Reports. The PHILNOS shall keep and cause to keep such
records as may be necessary for the purpose of making actuarial studies, calculations and
valuations of the funds of the Corporation. The PHILNOS shall maintain appropriate books of
accounts to record its assets, liabilities, income, expenses, receipts and disbursement of funds and
other financial transactions and operations.


SECTION 5. Examination and Valuation of the Funds. The PHILNOS shall make a
periodic actuarial examination and valuation of its funds in accordance with accepted actuarial
principles.

SECTION 6. Exemptions from Taxes and Duties. It is hereby declared to be the policy of
the State that the actuarial solvency of the funds of the PHILNOS shall be preserved and
maintained at all times. The PHILNOS, its assets, revenues including all accruals thereto, and any
donation, contribution, bequest, subsidy or financial aid which may be made to the Corporation
shall be exempt from all taxes, assessments, fees, charges, or duties of all kinds.

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

SECTION 7. Administration.

a) Implementing Body. The Philippine Network for Organ Sharing (PHILNOS) shall
implement the provisions of this Act.

b) Powers and Functions of the PHILNOS. The PHILNOS shall exercise the following
powers and functions

1) To administer and supervise the implementation of this Act;

2) To formulate, adopt, amend and/or rescind such rules and regulations as may
be necessary to carry out the provisions and purposes of this Act, as well as the
effective exercise of the powers and functions, and the discharge of duties and
responsibilities of the PHILNOS, its officers and employees;

3) To manage the national deceased donor program, ensuring. effectiveness,
efficiency, equity and transparency in the national system of allocation of deceased
organs,

4) To initiate and implement programs that will increase awareness and acceptance of
deceased organ donation and transplantation, and that will increase the number of
‘organs from deceased donors for transplantation;

5) To formulate and implement the policies that will promote the ethical practice of
deceased organ donation and transplantation;

6) Tosupervise al functions of organ procurement organizations;

7) To serve as an advisory body to the President of the Philippines and to relevant
‘goverment agencies, in all. policies pertaining to organ donation and
transplantation;

8) To adopt and approve the annual and supplemental budget of receipts and
expenditures including salaries and allowances of the PHILNOS personnel;

9) To authorize such capital and operating expenditures and disbursements of the
PHILNOS as may be necessary and proper for the effective management and
operation of the Corporation;

10) To invest the funds of the PHILNOS, directly or indirectly, in accordance with
the provisions of this Act, and all applicable laws and rules and regulations.

11) To conduct continuing actuarial and statistical studies and valuations to
determine the financial condition of the PHILNOS, and taking into


consideration such studies and valuations and the limitations herein provided,
re-adjust the allocation or re-allocation of the funds to the agency or
organization covered;

12) To sue and be sued;

13) To enter into, make, perform and carry out contracts of every kind and
description with any person, firm or association or corporation, domestic or
foreign;

14) To carry on any other lawful business whatsoever in pursuance of, or in
connection with the provisions of this Act;

15) To have one or more offices in and outside of Metro Manila, and to conduct its
business and exercise its powers throughout and in any part of the Republic of
the Philippines;

16) To enter into agreements with the Philippine Health Insurance Corporation or
any other entity, enterprise, corporation or partnership for the benefit of
Filipino patients needing organ transplantation;

17) To submit to the President of the Philippines and to both Houses of Congress
its Annual Report, and to make such report available to the general public. The
report shall contain the status of the PHILNOS Fund, its total disbursements,
reserves, average costing to Organ Procurement Organizations (OPO), and any
request for additional appropriation. It should also contain data that ensures the
transparency of the allocation process for deceased organs and all other data
pertinent to the implementation of the national deceased donor program.

18) To exercise such powers and perform such other acts as may be deemed
appropriate, useful, incidental or auxiliary to carry out the provisions of this Act, or
to attain the purposes and objectives of this Act.

SECTION 8. QuasiJudicial Powers. The PHILNOS, in order to carry out its tasks more
effectively, shall be vested with the following powers:

a) Conduct investigations for the determination of a question, controversy, complaint, or
unresolved grievance brought to its attention relating to deceased organ donation or
organ transplantation, and render decisions, orders, or resolutions thereon. It shall
proceed to hear and determine the case even in the absence of any party who has been
properly served with notice to appear. It shall conduct its proceedings or any part
thereof in public or in executive session; adjourn its hearings to any time and place;
refer technical matters or accounts to an expert and to accept his reports as evidence;
direct parties to be joined in or excluded from the proceedings; and give all such
directions as it may deem necessary or expedient in the determination of the dispute
before it;

) Issue summons and/or subpoenas requiring the attendance and/or testimony of parties
to a controversy or witnesses, or the production of documents and other materials
necessary to a just determination of the case under investigation;

©) Temporary suspension or permanent revocation of license, and/or imposition of fines
after due notice and hearing. The decision shall immediately be executory, even
pending appeal, when the public interest so requires, and as may be provided for in the
implementing rules and regulations.


The revocation of an OPO’s accreditation shall disqualify it from obtaining
another accreditation in its own name, under a different name, or through another
entity, whether natural or juridical.

In the exercise of its quasi-judicial powers, the Corporation shall not be bound by the
technical rules of evidence.

SECTION 9. Coverage - This Act shall cover all government and private hospitals, health
facilities, organ procurement organizations, medical and allied medical professionals, foundations,
non-government organizations and other government units that are involved or have relevant roles
in organ transplantation in the Philippines.

SECTION 10. Definition of Terms:

a)

b)

°)

d)

°)

h)

d

k)

‘Attending Physician (AP) is the primary physician responsible for both the care and
‘management of the potential multiple organ donor.

Brain Death (BD) is the irreversible cessation of all functions of the entire brain,
including the brain stem.

Death is the irreversible cessation of circulatory and respiratory functions or the
irreversible cessation of all functions of the entire brain, including the brain stem, which is
determined in accordance with acceptable medical practice and 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 patients,

Decedent refers to a deceased individual, and includes a still-born infant or fetus.

Donor Service Area (DSA) refers to the territorial jurisdiction of an organ
procurement organization as may be designated by the PHILNOS.

Gift or Incentives refers to money in any form (icc. cash, check or its equivalent in
kind) that is given and considered unduly beneficial to the recipient.

Organ Procurement is the administrative procedure involved in the acquisition of
organs for transplantation through various programs, systems, or organizations. It
includes obtaining consent, donor management, and arranging for transportation of
donor organs to the hospital for processing and transplant.

Organ Procurement Organization (OPO) is 2 PHILNOS accredited non-profit
organization, independent or hospital-based, licensed and authorized by the DOH to
procure organs for transplantation. The OPO is responsible for the procurement of
organs from deceased donors from hospitals, including preservation and transportation
of such organs.

Organ Transplant Candidate (OTC) is a patient diagnosed with an end-stage-organ-
disease and is qualified to receive an organ graft.

Organ-Specific Allocation Scoring System (OSASS) is the national scoring system
by which allocation of organs/grafts from deceased donors shall be based

Philippine Organ Donor and Recipient Registry System (PODRRS) is the web-
based electronic utility used by the PHILNOS contractor to conduct its business. The
PODRRS comprises of the national database of all organ transplant candidates, organ
transplant recipients, and organ donors, and all other software, applications and


security architecture needed for the collection, modification, validation, reporting,
management and redundancy of data associated with the tasks and activities of the
PHILNOS.

1) Host OPO is the particular OPO which, having received an organ donor call from a
referring hospital, assumes responsibility for organ procurement.

m) Potential Multiple Organ Donor (PMOD) is any patient who will imminently
become brain dead, or who currently meets the criteria for brain death,

n) Referring Hospital (RH) refers to any hospital that identifies and refers potential
deceased organ donors to PHILNOS.

0) Testator is an individual who makes a legacy of all or part of his body.

p) Transplant Center (TxC) refers to any hospital which is duly accredited by the
Department of Health (DOH) to perform organ transplantation.

Transplant Coordinator (TC) refers to the designated trained health care professional
‘who takes the central role and acts as liaison between the referring hospital and the retrieval
and transplant team members in processing a potential organ donor.

1) Procurement Transplant Coordinator (PTC) is the TC who shall have the responsibility
‘of coordinating the donor's evaluation, management, and recovery of organs for
transplantation.

s) Clinical Transplant Coordinator (CTC) is the TC who shall have the responsibility of
coordinating the transplant candidate’s evaluation, management, and follow-up care.

1) Transplant Doctor is a licensed physician who is involved in the management of a
transplant candidate or recipient.

SECTION 11. The Board of Directors.

a) Composition. The corporate powers and functions of the PHILNOS shall be vested in
and exercised by Board of Directors hereinafter referred to as the Board, and shall be
composed of seven (7) members as follows:

1) The Secretary of Health;
2) The President of the Corporation;
3) The Chairman of the National Transplant Ethics Committee,

4) Two (2) representatives of professional organizations related to transplantation,
including but not limited to Philippine Society of Nephrology (PSN) and
Philippine Society of Transplant Society (PSTS);

5) A representative of the patient group; and
6) A representative of PhilHealth.

The Secretary of Health shall be the ex officio Chairperson, while the
President of the Corporation shall be the Vice Chairperson of the Board.

b) Appointment and Tenure - The President of the Philippines shall appoint all the
Members of the Board upon the recommendation of the Chairperson of the Board and


in consultation with the sectors concerned. Members of the Board shall have a term of
four (4) years cach, renewable for a maximum of two (2) years, except for members
whose terms shall be co-terminus with their respective positions in government. Any
vacancy in the Board shall be filled in the manner in which the original appointment
was made and the appointee shall serve only the unexpired term of his predecessor.

©) Meetings and Quorum ~The Board shall hold regular meetings at least once a month,
Special meetings may be convened at the call of the Chairperson or by a majority of
the members of the Board. The presence of four (4) voting members shall constitute a
quorum. In the absence of the Chairperson and Vice Chairperson, a temporary
presiding officer shall be designated by the majority of the quorum.

d) Allowances and Per Diems ~ The members of the Board shall receive a per diem for
every meeting actually attended, subject to the pertinent budgetary laws, and rules and
regulations on compensation, honoraria and allowances.

SECTION 12, The President of the Corporation.

a) Duties and Functions ~ The President shall have the duty of advising the Board and
effecting the policies and decisions. His functions are as follows:

1) toactas the chief executive officer of the PHILNOS;

2) to be responsible for the general conduct of the operations and management
funetions of the PHILNOS; and

3) toexecute any other duties assigned to him by the Board.

b) Qualifications ~The President must be a Filipino citizen and must possess adequate and
appropriate training with at least (3) years of experience in the field of healthcare
management.

©) Salary ~ The President shall receive a salary to be fixed by the Board, with the approval of
the President of the Philippines, payable from the fiunds of the Corporation, subject to
applicable laws and rules and regulations on compensation of officers of government
owned or controlled corporations.

d) Prohibition — To avoid conflict of interest, the President must not be a physician in active
‘medical practice during his term. Neither shall he be involved in any capacity with any
OPO and/or health care institution.

In the event that the President is a transplant doctor, he shall only be allowed to return.
to active medical practice twelve (12) months from the date of termination of his term.

SECTION 13. Executive Department Composition. The Executive Department shall be
composed of the President of the Corporation and the Heads of the departments which shall be the
following:

a) Accreditation and Training Department shall handle the accreditation of the OPO,
including its quality assurance and standardization, It shall also provide training. and
certification of TCs.

b) Ethics and Legal Affairs Department shall handle ethical and legal matters


c) Finance Department shall handle standardization of organ acquisition costs including
system of reimbursement for the OPO members and auditing of financial statements in
relation with OPO transactions,

@

Information and Advocacy Department shall handle lay education, information
dissemination and media concerns.

¢) Registry Department shall handle registry and research.
Other departments may be formed upon the discretion of the Board of PHILNOS.

SECTION 14.7he External Audit Department. The Extemal Audit Department shall conduct a
periodic review and audit of the operations of PHILNOS, with special emphasis on organ allocation
procedures. It shall submit its annual audit report to the PHILNOS Board and Office of the President of
the Philippines, and make these reports available to the general public.

This department shall be composed of designated representatives from PhilHealth, OPO,
Transplant Hospital, Public Sector and from professional organizations related to transplantation,
including but not limited to the PSN and PSTS.

SECTION 15. Organ Procurement Organization.

a) Main Function. Organ procurement shall be performed only by accredited and
licensed OPOs.
Requirements - All OPOs must secure the following prior to starting operations:

1) alicense to operate from the DOH; and
2) a permit from PHILNOS to operate in a particular DSA.

b)

°)

Duties and Responsibilities - OPOs are required to fulfill the following duties and

responsibilities:
1) Respond to call from RH within his DSA and subsequent evaluation of the PMOD
for eligibility;

2) Discuss organ donation with the potential donor’s family;
3) Obtain consent for donation and for removal of the organs;
4) Management of organ procurement within its DSA;

5) Reporting to PHILNOS the availability of a PMOD immediately after consent for
donation is obtained;

6) Fulfillment of all medico legal requirements;
7) Appropriate preservation, and packaging of the organs;
8) Assurance that adequate tissue typing material is procured, divided, and packaged;

9) — Assurance that written documentation of donor evaluation, donor maintenance,
consent for donation, death pronouncement, and organ procurement quality
accompanies the organ;

10) Cooperation and coordination with other OPOs;

11) Promotion of deceased organ donation through education and information
dissemination; and

12) Adherence to all DOH and PHILNOS rules and regulations.


¢)

Temporary Suspension of license - An OPO’s license to operate can be suspended by
PhilNOS for failure to:

1) _ Respond to calls from Referring Hospitals (RH);

2) Procure an available organ;

3) Fulfill reportorial requirements; or

4) Non-compliance with the PHILNOS rules and regulations.

e) Permanent Revocation of License- An OPO’s license can be revoked by PHILNOS for any
of the following reasons:

1) Repeated violation of PHILNOS rules and regulations;

2) Violation of Republic Act No. 9208, otherwise known as Anti-Trafficking Law; or

3). Violation of Section 22 of this Act.

‘The Corporation, through its Board, after consultation with professional medical
organizations, may provide for additional grounds for the revocation of an OPO's license,

f) Designation of DSA. The designation of the DSA shall be guided by the following:

1) Geographical proximity;

2) Technical capacity; and

3) Quality of service.

SECTION 16. Reporting of Brain Death. All patients with brain death in a tertiary hospital
within the DSA of an OPO are to be considered potential multiple organ donors (PMOD) and as
such, should be reported by the hospital to the designated OPO.

All tertiary hospitals, be it government or private, in the country are required to include the
number of brain death cases in their annual report.

SECTION 17. Brain Death Certification.

a) Organs may be procured only from patients who have been declared to have suffered
brain death and have a prior written intention to donate their organs (such as an organ
donor card or will) oF whose legal next of kin has given consent for organ donation.

b) The DOH, in consultation with an appropriate professional organization such as the
Philippine Neurological Association (PNA), shall establish and promulgate the
acceptable parameters for declaring the occurrence of brain death (BD). Such criteria
may be reviewed and/or modified as deemed appropriate by the members of the PNA or
upon request by the PHILNOS.

©) Certification of BD shall be done separately by two (2) physicians, both of whom must be
appropriately qualified and suitably experienced in neurological assessment for the
diagnosis of brain death.

d) The death certificate should be signed at the time of brain death certification.
SECTION 18. Consent for Deceased Organ Donation.
a) Consent for donation shall be obtained by the PTC and shall be done only after the issuance

of the BD certificate. Laboratory examinations shall commence only after consent for
donation is secured.


»’)

°)

d)

°)

Consent for deceased organ donation must be obtained from the legal next-of-kin of
the PMOD in the following order of priority, as stipulated in Republic Act No. 7170,
otherwise known as the Organ Donation Act of 1991:

1) Spouse;

2) Son or daughter of legal age;

3) Either parent;

4) Brother or sister of legal age; or

5) — Guardian over the deceased person at the time of death.

In the absence of the legal next-of-kin of the PMOD 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, may authorize in
a public document the removal from such body for the purpose of transplantation of
the organ to the body of a living person; Provided, that the physician, head of hospital
or officer designated by the hospital for this purpose has exerted reasonable efforts,
within forty-cight (48) hours, to locate the nearest relative listed in Section 18b hereof
as stipulated in R.A. No. 7170,

To guarantee the priority of a decedent's wishes over the decedent's family members
with respect to their objections to organ donation, all hospitals and emergency
personnel shall be mandated to develop procedures of “routine inquiry/required
request” that will elicit from the patient, upon admittance to the hospital, or their
families, at patient’s death, about organ donation. If the patient expresses the intent to
donate his or her organs, that information is added to the patient's record.

‘The following documents, or advance directives, shall be recognized and honored as
expressions of the testator’s legacy or desire to donate his organs upon his death:

1) Organ Donor Card (ODC) which shall have the following elements:
i. Signature and/or fingerprint mark of testator;
ii, Signature and/or fingerprint mark of one witness; and
iii, Date the ODC was signed.

PHILNOS shall release a universal ODC that shall bear the PHILNOS logo
and a provisional space for the logo of the TxC or OPO where the ODC was
obtained.

2) Driver’s License;

3) Living Wills. Living wills provide instructions for someone's medical care if that
person becomes incapacitated or otherwise unable to make decisions for
himself or herself. State statutes regulate living wills. In most cases, a
LIVING WILL can direct that one's organs or tissues be taken and donated if
medically appropriate. If individuals execute a living will, it is advisable for
them to inform their physicians and their families of its existence

4) Durable Powers of Attorney for Health Care. A durable POWER OF
ATTORNEY for health care names someone, the individual's "agent," to make
important decisions regarding that person's health care should the person
become incapacitated. These documents can instruct the person's agent to
donate the person's organs or tissues upon the person's death. As with living


wills, the durable power of attomey for medical care is only effective if, in
addition to the agent, the family and the person's physician know of its
existence,

5) Advanced Care Medical Directive. An advance care medical directive (ACMD)
combines somefeatures of the living will and the durable power of attomey for
health care. An ACMD allowsindividuals to provide instructions for the type
of care they do or do not want in a number of medicalscenarios. These
documents need to be created in consultation with their physician,

6) Video-tape of oral attestation.

SECTION 19. Examination of Human Body or Part Thereof. A \egacy or 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(s) intended

For purposes of this Act, all the necessary laboratory examinations, i.e. not autopsy shall
be conducted on the cadaver of accident, trauma, or other medico-legal cases immediately after the
pronouncement of death to determine viability and/or quality of human organs that will be utilized
for transplantation and/or in furtherance of medical science.

SECTION 20. Enrollment of the Organ Transplant Candidate. All OTCs shall be
enrolled according to established criteria per organ. They shall be registered in the
Philippine Organ Donor and Recipient Registry System (PODRRS) through their
respective TxCs

SECTION 21. Organ Allocation.

a) Only the enrolled OTC shall be eligible to receive an organ retrieved from the
deceased donor.

b) Only PHILNOS shall have the authority to allocate all retrieved organs in the country.

©) PHILNOS shall oversee the formulation and implementation of each and every
allocation scoring system for cach graft that shall form the basis for the allocation of
individual organs/grafts. Such a scoring system shall be formulated through broad-
based consultation and should be consistent with current international and national
ethical and scientific standards.

) PHILNOS shall ensure the transparency of the implementation of the Organ-Specific
Allocation Scoring System (OSASS) through daily electronic monitoring and audit

€) All OSASS are subject to periodic review and revision as deemed appropriate and as
recommended by PHILNOS and/or by related professional organizations such as but
not limited to the Philippine Society of Nephrology and Philippine Socicty of
Transplant Surgeons.

SECTION 22. Organ Transplantation.
a) Organ transplantation can be performed only in accredited and licensed TxC.

b) The DOH, through the PHILNOS, shall formulate and implement the accreditation
requirements for TxC, define their functions, monitor their operations and ensure their
compliance with all government regulations.

©) Organ transplantation can be carried out only by medical professionals accredited by
the appropriate professional medical organizations.


4) PHILNOS shall ensure that all medical and paramedical personnel involved in
transplantation shall comply with pertinent government regulations.

©) No TxC may perform a transplant procedure using an organ from a deceased donor
that has not been allocated through PHILNOS.

) Organ transplantation with deceased donor shall be carried out at the TxC of choice of
the OTC. The organ transplantation shall also be performed by the transplant team of
choice of the OTC.

SECTION 23. Non-Commercialization of Donated Organs, Incentives and Recognitions
Organs should only be donated freely, without any monetary payment, Purchasing, or offering to
purchase organs for transplantation is prohibited. PHILNOS shall formulate guidelines to ensure
that any gifts or rewards are not, in fact, disguised forms of payment for donated organs.

a) All OPOs have the option to give recognition to the family or next-of-kin of the
deceased organ donor and/or to the deceased organ donor through a commemorative
token or ceremony that has a monetary value not greater than the amount that shall be
stipulated by PHILNOS.

b) All OPOs shall not offer or give any gift to the family or next-of-kin of the PMOD in
anticipation or in exchange for organ donation

©) To further increase awareness on deceased organ donation, a nominated week during
the calendar year shall be declared as National Organ Donation Awareness Week
when PHILNOS, OPOs and/or hospitals will be holding activities pertaining organ
donation.

SECTION 24, Fducation,The Department of Education shall mandate the inclusion of
organ donation awareness in the national high school curriculum. ‘The Commission on Higher
Education (CHED) shall mandate the inclusion of organ donation awareness in all medical and
paramedical courses including, but not limited to, Medicine, Nursing, Physical Therapy,
Occupational Therapy, Respiratory Therapy, Radiation Technology and Medical Technology.

SECTION 25. Driver's License. The Land Transportation Office is mandated to provide
information on organ donation to all applicants for a license to operate a motor vehicle, It is
required to include a query regarding consent for organ donation in case of brain death in all
drivers’ licenses.

SECTION 26. Air Transport.

a) The Civil Aviation Authority of the Philippines (CAAP) under the Department of
Transportation and Communication (DOTC) and the DOH shall jointly formulate
guidelines that shall govern the transport of procured organs through commercial
airlines,

b) The CAAP shall ensure the compliance of all registered commercial airlines with the
regulations allowing transport of procured organs.

SECTION 27. Violations and Sanctions. Non-compliance with the policy guidelines
stated in this Act shall be ground for suspension or revocation of license of the Hospital or
Transplant Center, or organ procurement organization subject to the implementing rules and
regulations to be established. Any violations by erring professionals - doctors, nurses, transplant
coordinators - shall be investigated by the Department of Health and the Professional Regulations
‘Commission, for appropriate administrative sanctions.


SECTION 28. Appropriation.

a) Initial Appropriation - Congress shall appropriate the amount of Forty Million Pesos
(P40, 000,000.00) for the initial implementation of this Act.

b) Subsequent Appropriations - The following year after the initial appropriation and
succeeding years thereafter, the appropriation for PHILNOS shall be included in the
regular budgetary allocation for the Department of Health, until such time that the
Corporation shali be self-sustaining through its own funding

©) Additional Appropriations ~ DOH may request Congress to appropriate supplemental
funding for PHILNOS in order to meet targeted milestones of this Act, as may be
deemed necessary by the Corporation,

SECTION 29. Financing.
a) A standard Organ Acquisition Cost shall be determined by PHILNOS.

b) PhilHlealth shall develop a benefit package for the reimbursement of the organ
acquisition cost to the Host OPO for every organ transplantation event that occurs,

©) To be included in the PODRRS list, a potential transplant recipient of PHILNOS
shall pay a one-time, non-refundable registration fee.

4) PHILNOS shall be given authority to conduct tax-exempted fund-raising activities
that will help augment the revolving fund for organ acquisition.

SECTION 30. Funds of the PHILNOS. -

a) Funds - All income derived from registration fees, donations or from fund-raising
activities shall be utilized solely for the continuous operations of PHILNOS.

‘The funds of the PHILNOS shall not be used for purposes other than what are
provided for under this Act. Moreover, no portion of the funds of the PHILNOS or
income thereof shall accrue to the General Fund of the national government and its
political subdivisions, instrumentalities and other agencies including government-
owned and controlled corporations except as may be allowed under this Act.

b) Deposits and Disbursements. All revenues collected and all accruals thereto shall be
deposited, administered and disbursed in accordance with the law. A maximum
expense loading of seventy percent (70%) of the yearly revenues from all sources
may be disbursed for administrative and operational expenses except as may be
otherwise approved by the President of the Philippines on the basis of actuarial and
management studies.

©) Investment of Funds. - The funds of the PHILNOS which are not needed to meet its
current obligations may be invested under such terms and conditions and rules and
regulations as may be prescribed by the Board: Provided, That investments shall
satisfy the requirements of liquidity, safety/security and yield in order to ensure the
actuarial solvency of the funds of the PHILNOS: Provided, further, That the
PHILNOS shall submit an annual report on all investments made to both Houses of
Congress of the Philippines, and to other agencies as may be required by law, such
as

(a) in interest-bearing bonds or securities or other evidence of indebtedness of the
Government of the Philippines:

(b) in interest-bearing deposits or securities in any domestic bank doing business in


the Philippines: Provided, That in the case of such deposits, there shall not exceed at
any time the unimpaired capital and surplus or total private deposits of the depository
bank, whichever is smaller: Provided, further, That the said bank has prior
designation as a depository for the purpose by the Monetary Board of the Central
MonetaryAuthority;

(©) in real estate property including shares of stocks involving real state property and
investments secured by first mortgages on real estate or other collaterals acceptable to
the PHILNOS: Provided, That such investment shall, in the determination of the
Board, redound to the benefit of the Corporation, its members as well as the general
public;

(@) in loans to, or in bonds, debentures, promissory notes or other evidence of
indebtedness of any solvent corporation created or existing under the laws of the
Philippines;

(©) in common and preferred stocks of any solvent corporation or financial institution
created or existing under the laws of the Philippines listed in the stock exchange with
proven track record of profitability over the last three (3) years and payment of
dividends at Icast. once.» over_—sthe: = same ~— period; and

(®) in domestic mutual funds including investments related to the operations of
mutual funds.

SECTION 31. General Provisions.

a) Dispensation of PHILNOS funds. PHILNOS shall pay for the expenditures of all
Organ Donation Events that have been performed/processed by authorized OPOs
within their DSAs, provided, that all requirements are submitted to PHILNOS
within sixty (60) days from date of Organ Procurement.

‘Compensation for the staff and board members of PHILNOS shall be drawn from
the Corporation’s own funds upon such time that it has been deemed self
sustaining...

PHILNOS shall also provide for the funding of memorial gardens, medallions,
and similar tokens as recognition for the noble act of organ donors.

5) Development and Disposition of Acquired Assets. PHILNOS shall have the right
to develop and dispose of its acquired assets obtained in the ordinary course of its
business. To add value to, improve profitability of, and/or enhance the
marketability of an acquired asset, PHILNOS may further develop/renovate the
same either with its own capital or through a joint venture arrangement with
private companies or individuals.

PHILNOS may sell its acquired assets in accordance with existing Commission
on Audit (COA) rules and regulations for an amount not lower than the current
market value of the property. For this purpose, PHILNOS shall conduct an annual
appraisal of its property or acquired assets to determine its current market value.
All notices of sale shali be published in newspapers of general circulation.

No injunction or restraining order issued by any court, commission, tribunal or
office shall bar, impede or delay the sale and disposition by PHILNOS of its
acquired assets, except on questions of ownership and national or public interest.


SECTION 32. Implementing Rules and Regulations. PHILNOS, in consultation with
relevant medical societies and government agencies, shall promulgate the necessary Implementing
Rules and Regulations within three (3) months from the Effectivity of this Act.

SECTION 33. Separability Clause. If for any reason any section or provision of this Act
is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected
thereby.

SECTION 34. Repealing Clause. All laws, presidential decrees, executive and
administrative orders, rules and regulations, or parts thereof, inconsistent with the provisions of
this Act are hereby repealed or modified accordingly

SECTION 35. Effectivity. This Act shall take effect fifteen (15) days from the date of
its publication in at least three (3) national newspapers of general circulation.

Approved,