Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7771

Introduced by: “KUYA” JOSE ANTO! R. SY-ALVARADO

Blood transfusion essentially involves replacement of the blood components that are
lacking. It is indicated in the treatment of various conditions including trauma, bleeding
disorders and blood loss due to surgery. Blood transfusion helps save lives of many Filipinos
who are in need of blood for medical reasons. The Department of Health allows several facilities
to collect and supply blood like privately-owned hospitals, dialysis center, and Philippine Red
Cross.

These facilities are important for the development of our public health. The State shall
ensure that the public specially the poor sector can avail the services of these facilities without
the burden of additional fees for blood transfusion. Unfortunately, private hospitals and private
medical facilities charge their patients differently according to the kind of room that they are
admitted in. This kind of practice should be avoided since blood transfusion is imbued with
public interest.

Hence, this proposal is submitted for consideration.

“KUYA” JOSE ANTONIO R. SY-ALVARADO j,i
Representative

‘rst District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.

7771

Introduced by: “KUYA” JOSE ANTO!

R. SY-ALVARADO

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 in enacted by the Senate of House of Representatives of the Philippines in Congress
assembled;

SECTION 1. Sec. 3 of Republic Act No. 7719, otherwise knowns as the National Blood
Service 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;
“j) 200,

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

“L) AUTHORIZED BLOOD SERVICE FACILITIY —- THE FOLLOWING ARE
THE AUTHORIZED BLOOD SERVICE FACILITIES IN THE PHILIPPINES; THE
PHILIPPINE BLOOD CENTER, SUB-NATIONAL, BLOOD CENTERS, REGIONAL
BLOOD CENTERS (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 TRASFUSIONS
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. — FOR PURPOSES OF THIS ACT, THE
FOLLOWING SHALL BE PROHIBITED;

(1) RETESTING FOR BLOOD TRANSFUSION TRANSMISSABLE
DISEASES, FOR A FEE, BY THE END-USER HOSPITAL OR OTHER
HEALTH FACILITY OF ALL BLOOD/BLOOD PRODUCTS ISSUED BY
AUTHORIZED BLOOD SERVICES 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
DESPENSED WHICH EXCEED THE MAXIMUM ALLOWABLE BLOOD
SEVICES FEES, AS DETERMINED BT THE DEPARTMENT;

(4) RESELLING ANY UNUSED BLOOD/BLOOD PRODUCTS ISSUED BY
THE 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
SERVICES 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 VALUNTARY NON-REMUNERATED BLOOD
DONORS).

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

“SEC. 13. SAFEGUARDS AND PROPER HANDLING. — IT IS THE
REPONSIBILITY 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 PRECRIBED BY THE
DEPARTMENT.

TO ENSURE THAT THE BLOOD/BLOOD PRODUCTS TO BE
TRANSFUSED IS SAFE, THE BLOOD SERVICES 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
UNTIMATELY, TO THE PATIENTS FOR THIS PURPOSE, BLOOD SERVICE
FACILITIES SHALL DOCUMENT EVERY STAGE OF THE 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 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 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
month nor more six (6) months, or a fine of less than [Five thousand pesos (P5,000.00)
nor more than Fifty thousand pesos (P50,000.00)} TWO HUNDRED THOUSAND
PESOS (P200,000.00), or both at the discretion 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 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 One Hundred Thousand Pesos
(P100,000.00) nor more than One Million Pesos (P1,000,000.00), or both at the discretion
of the competent court.

(C) ANY INDIVIDUAL, OR THE RESPONSIBLE OFFICER, EMPLOYEE,
RESPRESENTATIVE OF ANY CORPORATION, ASSOCIATION OR
ORGANIZATION FOUND IN VIOLATION OF THE SAFEGUARDS AS DEFINED
IN SEC. 13 HEROF SHALL SUFFER THE PENALTY OF IMPRISONMENT OF ONE
DAY TO 30 DAYS OR A FINE OF NOT LESS THAN ONE HUNDRED THOUSAND
PESOS (P100,000.00), OR BOTH, AT THE DISCRETION OF THE COMPETENT
COURT.


(D) ANY BLOOD SERVICE FACILITY WHICH DISPENSE OR PERMITS
THE TRANSFUSION OF UNSCREENED, INCOMPLETELY TESTED AND/OR
CONTAMINATED BLOOD SHALL BE SUBJECT TO THE REVOCATION OF ITS
LICENSE OR AUTHORITY TO OPERATE A BLOOD SERVICE FACILITY
MOREOVER, the head of the blood bank and necessary trained personnel under the
head’s direct supervision found responsible for dispensing, transfusing and falling
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 filling of APPLICABLE CIVIL/OR criminal
charges [under the Revised Penal Code] AS MAY 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, I hereby added and shall read as follows;

“SEC. 15. ACCESSILITY. - 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 OR 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 SUBJECTS TO APPROPRIATE
AGREEMENTS WITH THE CONCERNED HOSPITALS.

Sec. 6. All subsequent Section 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 regulation or other
issuance or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

Sec. 8. Separability Clause — If any portions or provision of this Act 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 publicatioy€ither in the Official Gazette or in a newspaper of general
circulation in the Philippin