Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

4569

HOUSE BILL NO.

Introduced by Honorable Joaquin M. Chipeco, Jr.

EXPLANATORY NOTE

Organ donation saves lives. In the Philippines, however, culture and religion appear
to prevent us from having a fuller appreciation of the vital importance of such a life-saving,
procedure, At the other end of the spectrum, commercialization of organs, tissues and
human parts, continue to prey upon the poor and the destitute.

There is therefore a need to update the regulatory environment for organ
transplantation, as well as stamp out the evils of trafficking of organs.

This measure is based on Substitute Bill No. 5538 during the Sixteenth (16)
Congress which consolidated the various bills filed of a similar nature.

In view of the foregoing considerations, the early approval of this bill is urgently
requested.

P } ie)
oe YEN,
JOAQUIN M. CHIPECO, JR.

EEE
one District of Calamba City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. __ 4589

Introduced by Honorable Joaquin M. Chipeco, Jr.

AN ACT
PROVIDING FOR A REVISED HUMAN ORGAN DONATION AND
TRANSPLANTATION PROGRAM AND PROVIDING PENALTIES FOR
VIOLATION THEREOF, REPEALING FOR THE PURPOSE REPUBLIC ACT
NO. 7170, AS AMENDED, ALSO KNOWN AS THE “ORGAN DONATION ACT OF
1991”

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

SECTION 1. Short Title. — This Act shall be known as the “Organ Donation Act”.

| ARTICLE I
| GENERAL PROVISIONS

SEC. 2. Coverage. ~ This Act covers all government and private hospitals, health
facilities, organ recovery organizations, medical and allied medical practitioners or
professionals, foundations and nongovernment organizations that are involved in organ
and tissue transplantation in the Philippines.

This Act also covers organ donations for transplantation purposes from deceased
and living donors.

SEC. 3. Definition of Terms. — As used in this Act:


(@) Allowable reimbursement refers to the reasonable costs incurred by the donor
associated with the legal removal, transportation, implantation, processing, preservation,
quality control, and storage of a human organ, tissue, or part thereof, or the expenses for
travel, housing, and lost wages, medical insurance and periodic health monitoring, life

insurance, and cost of medicines of the donor to attain full recovery;

(») Brain death refers to the irreversible cessation of all functions of the entire brain;

(© Clinical transplant coordinator refers to a healthcare professional of a transplant
center designated to coordinate with its transplant team, patients, donors, the organ
recovery organizations, the Philippine Organ Donation and Transplantation Board and the
Philippine Network for Organ Sharing (PhilNOS) towards the performance ofa transplant
operation;

| (@ Commercial dealings refer to:

| Wy The sale, barter, or supply of human organ, tissue, or part thereof involving
valuable consideration in whatever form;

| @ Acts involving trafficking of a human organ, tissue, or part thereof through
Whatever means; and

() The brokering for sale, barter or supply of a human organ, tissue, or part thereof

whether for money or any other consideration in violation of this Act;

(©) Death refers to the irreversible cessation of circulatory and respiratory functions
or the irreversible cessation of all functions of the entire brain, including the brain stem.

‘A person shall be medically and legally dead if:


(1) In the opinion of the attending physician, based on the acceptable
standards of medical practice, there is an absence of natural respiratory and cardiac
functions, and attempts at resuscitation would not be successful in restoring these
functions. In this case, death shall be deemed to have occurred at the time these
functions ceased; or

@) In the opinion of the consulting physician, concurred in by the attending
physician, that on the basis of acceptable standards of medical practice, there is an
irreversible cessation of all brain functions; and considering the absence of such
functions, further attempts at resuscitation or continued supportive maintenance
would not be successful in restoring such natural functions. In this case, death shall

be deemed to have occurred at the time when these conditions first appeared.

The death of a person shall be determined in accordance with the acceptable
standards of medical practice and shall be 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 parties. The death shall be

recorded in the patient’s medical record;

() Decedent refers to a deceased individual, and includes a still-born infant

or fetus;

(g) Donor refers to an individual who voluntarily donates organ, tissue, or part
thereof, gratuitously to another who accepts it. The term also refers to an

individual authorized in this Act to donate all or part of the body of a decedent;


(s) Donor allocation scoring system refers to the national scoring system by

which allocation of organs from deceased donors shall be based;

(®) Graft refers to an organ that has been removed from the body of an organ

donor for transplantation into arecipient;

@ Hospital refers to an institution licensed, accredited or approved by the
Department of Health (DOH) devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment and care of individuals from illness,
disease, injury or deformity, or in need of obstetrical or other medical and nursing
care. The term “hospital” shall also be construed as any building or place where
there are installed beds, or cribs, or bassinets for twenty-four (24)-hour use or
longer by patients in the treatment of diseases, diseased conditions injuries,
deformities, or abnormal physical and mental states, maternity cases, and all
institutions such as those for convalescence, sanitaria care, infirmaries, nurseries,

dispensaries and such other means by which they may be designated;

& Human organ refers to the kidney, liver, heart, lung, pancreas, and any
other human organ, tissue, or part thereof, including bone marrow, bone, comea,

skin, muscle tissue, and any other transplantable part of a human body;

() Human organ and tissue bank storage facility refers to a facility licensed,
accredited or approved by the DOH under the law for storage of human organs,

tissues, or parts thereof;


(m) Immediate family of the decedent refers to the spouse, son or daughter of
legal age, either parent, brother or sister of legal age and legal guardian over the

person of the decedent, at the time of death;

(») Indigent refers to an individual who has no visible means of income or
whose income is insufficient for the subsistence of his family, and identified, listed
or certified by the Department of Social Welfare and Development (DSWD) as
poor pursuant to the National Household Targeting System for Poverty Reduction;

(©) Living donor refers to an individual who is willing to donate an organ,
tissue, or part of the body while still alive, and may be either a:

(1) Living related donor (LRD) — a donor who is related to the recipient by
blood within the fourth civil degree of consanguinity, including parents, children,
siblings, nephews, nieces and first cousins; or

(2) Living non-related donor (LNRD) — a donor who is not related to the
recipient by blood but who is willing to donate organs, tissues, or parts thereof.

The term also applies to those related emotionally.

ALNRD is further classified as:

( Directed living organ donor — a donor who has a specific intended
recipient to whom the organ shall be donated; or

(i) Non-directed living organ donor —a living donor who is willing to donate

an organ to any suitable recipient;

(p) Organ transplant candidate refers to a patient diagnosed to have end stage

organ disease who is qualified to undergo an organ transplant procedure;


@ Part refers to a portion of transplantable organ, tissue, eye, bone, artery,
blood, fluid, and other portions of the human body;

(© Person refers to an individual, corporation, estate, trust, partnership,
association, the government or any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations, or any
other legal entity;

(9) Philippine Organ Donor and Recipient Registry System refers to a national
computerized database of all organ transplant candidates, recipients, organ donors,

and all transplants performed in the Philippines;

() Potential multiple organ donor refers to any patient who will imminently

become brain dead or who currently meets the criteria for brain death;

( Physician or surgeon refers to a physician or surgeon licensed or

authorized to practice medicine under the laws of the Republic of the Philippines;

( Referring hospital refers to any hospital that identifies and refers potential
deceased organ donor to the PhilNOS;

(w) Transplant center refers to a hospital with transplant facilities duly
accredited by the DOH; and

(x) Valuable consideration refers to any financial gain or benefit but does not


include “allowable reimbursement” as defined in subsection (a) herein.

SEC. 4. Philippine Organ Donation and Transplantation Program. — There
is established the Philippine Organ Donation and Transplantation Program that
provides the overall direction and system of implementation of organ donation and
transplantation in the country through the Philippine Organ Donation and
‘Transplantation Board under the DOH.

SEC. 5. Philippine Organ Donation and Transplantation Board. — There is
established a Philippine Organ Donation and Transplantation Board, hereinafter
referred to as the Board, composed of the following members:

( Secretary of Health, as Chairperson;

(») DOH Undersecretary for Policy and Standard Development Team for
Service Delivery, as Vice Chairperson;

(©) Chairperson of National Transplant Ethics Committee or representative;

(@ President of the Philippine Health Insurance Corporation (PhilHealth) or
representative;

(©) Representative of government transplant facilities appointed by the
Secretary of Health;

() Representative of private transplant facilities appointed by the Secretary
of Health;

(@) Representative of the professional societies involved in transplantation,
including the Philippine Society of Transplant Surgeon, the Philippine Society of
Nephrology, the Philippine Urology Association and the Transplant Society of the
Philippines designated by the societies on a rotational basis for a term of two (2)

years;


») Chairperson of the Professional Regulation Commission or representative;

(@ Representative of inter-faith organizations; and

@ Representative of nongovernment organizations involved in health
advocacy, preferably on human organ donation.

The Secretary of Health may:

() Appoint additional members based on the recommendation of the Board;

@) Appoint additional members to the National Transplant Ethics Committee
and the PhiINOS based on the recommendation of the Board; and

(® Designate any existing unit, office, center or bureau under the DOH to
serve as secretariat of the Board and for any other functions related to organ

donation and transplantation.

SEC. 6. Functions.—The Board shall exercise the following functions:

(® Serve as the overall implementing body of the organ donation and
transplantation program in the country;

(v) Develop and implement policies on organ donation and transplantation
within the framework of Philippine laws;

(© Review and approve programs in support of a rational, ethical, accessible
and equitable organ donation and transplantation program in the country;

(® Approve the issuance of the certificate of accreditation of transplant
facilities;

(©) Monitor compliance of transplant centers and organ recovery
organizations with the policies prescribed by the Board; and

() Perform other functions as may be ordered by the Secretary of Health
related to the primary functions of the Board.


SEC. 7. Philippine Network for Organ Sharing. — There is established the
Philippine Network for Organ Sharing (PhilNOS) under the Board to perform the
following functions:

(@ Oversee and facilitate donation and organ transplantation involving
deceased and living donors in the country;

() Act as the central coordinating body to ensure that all organs from
deceased and living donors are allocated according to established criteria;

(© Promote organ donation from a deceased or living donor through the
following means:

() Public information and education drive;

2) Information and education for health and allied professionals;

@) Training of transplant coordinators; and

(4) Campaign to recruit volunteers to sign organ donor cards;

@ Implement the policies on organ allocation from a deceased or living
donor;

(© Maintain a national waiting list of patients seeking transplantation with
organs from deceased and living donors;

Organize, fund, and regulate a national network of government hospital-
based organ recovery organizations;

(e Assist in the development and accreditation of nongovernment organ
recovery organizations;

(») Develop and update specific donor allocation scoring systems for the
different organs for transplantation and use the same for the selection of deserving,
recipients from the waiting list of organ transplant candidates;

(@) Provide relevant data in aid of legislation and in the formulation of health

policies regarding deceased organ donation; and


@ Perform such other functions as may be ordered by the Secretary of Health

or the Board for those related to its primary functions.

SEC. 8. Secretariat.—The PhilINOS shall be supported by a secretariat
consisting of personnel with the necessary technical expertise and capability who
will be designated by the Secretary of Health from the existing bureau or unit of
the DOH. The secretariat shall be headed by a Program Manager under the direct

supervision of the Chairperson of the Board.

SEC. 9. Transplant Centers. — The Board, through its licensing and
accreditation arm and the Bureau of Health Facilities and Services, shall establish
accreditation criteria to determine the DOH-licensed hospitals that should be
allowed to perform transplant operations. The Board and the Bureau of Health
Facilities and Services may limit a transplant center to the performance of
transplants to specific organs or tissues. These accredited hospitals shall be
accredited as transplant centers.

Each transplant center shall establish a Transplantation Section under its
surgical department. The Section, at least, must have: (a) one (1) qualified
transplant surgeon; (b) a transplant support team which includes a clinical
transplant coordinator; (c) medical specialists; and (d) nurses knowledgeable in

transplantation.

The Transplantation Section shall have the following functions over and

above those determined by the transplant center:

| a) Record all transplants performed in the center containing information

required by the Board and submit a monthly report to the Board;

10


@ Monitor and provide medical follow-up care of transplant patients and
living donors; and

(3) Document donor outcomes, graft and patient survival and morbidities
associated with transplant procedures. A summary of these documentations shall

be submitted to the Board annually.

SEC. 10. Organ Recovery Organization. — In order for the PhilNOS to
effectively carry out its functions, organ special service units to be called organ
recovery organization (ORO) shall be allowed and encouraged. An ORO is a
nonprofit organization, which may be independent or hospital-based and accredited
by the DOH to obtain organs for transplantation. An ORO shall be responsible for
identifying, evaluating and obtaining organ donations from deceased donors from

hospitals, including the preservation and transportation of such organs.

The Secretary of Health shall formulate guidelines to ensure that an ORO is
designated for each region and major hospitals in the country as well as in areas

where transplant activity is concentrated.

SEC. 11. National Transplant Ethics Committee. — There is established a
National Transplant Ethics Committee under the DOH. It shall perform the
following functions:

(@ Formulate national ethical standards or guidelines on organ donation and
transplantation for approval by the Board;

(b) Assist the Board in the resolution of ethical issues;
(c) Assist in the monitoring of transplant facilities to ensure compliance with

ethical standards or guidelines; and


@ Perform such other functions as may be ordered by the Secretary of Health
or the Board on ethical related issues.

SEC. 12. Hospital Ethics Committee. — All hospitals and medical institutions
shall create an Ethics Committee to improve healthcare delivery and outcomes by
helping to identify, analyze, and resolve ethical dilemmas as they emerge

predominantly through consultation, education, and policy development.

The Ethics Committee shall:

(a) Make recommendations to the National Transplant Ethics Committee in
formulating the ethical principles and policies on human organs, tissues, or parts
thereof, in order to prevent and avoid participation of the hospital, whether directly
or indirectly, in commercial dealings in human organs, tissues, or parts thereof;

(®) Monitor and resolve ethical issues involving organ donation and
transplantation;

(© Submit monthly reports of all its meetings and proceedings to the National
Transplant Ethics Committee; and

(® Perform such other functions as may be ordered by the National

Transplant Ethics Committee.

The Ethics Committee shall review and evaluate all living nonrelated
donations. A report on each evaluation shall be submitted to the Board. .

Living related donations with proof of relationship within the fourth civil
degree of consanguinity may, at the transplant center’s discretion, be exempted

from the Ethics Committee evaluation.


All hospitals, medical institutions, organ or tissue bank storage shall record
all transactions and vital information or documents on organ donations and shall

be made available and transparent to the public, whenever necessary.

ARTICLE I
ORGAN DONATION FROM DECEASED DONORS

SEC. 13. Organ Donation from Deceased Donor, ~ The recovery of organs

from deceased donors shall be prioritized over organs from living donors.

SEC. 14. Person Who May Execute a Legacy. — A person who is at least
eighteen (18) years of age and of sound mind may give, by way of legacy, all or any
organ, tissue, or part thereof for the same purpose that a person may be a recipient

thereofas specified in Section 17 hereunder.

SEC. 15. Person Who May Execute a Donation. — (a) In the absence of
actual notice of contrary intentions by the decedent or actual notice of opposition
by amember of the immediate family of the decedent, any of the following persons
in the order of priority provided herein may donate all or any part of the decedent’s
body for any purpose provided in Section 17 of this Act:

(1) Spouse;

(2) Son or daughter of legal age;

(3) Either parent;

(4) Brother or sister of legal age; and

(5) Legal guardian over the person of the decedent at the time of death.
(b) The persons authorized by subgeetion (a) of this section may make the donation
before or immediately after death,


Any donation by a person authorized under subsection (a) shall be sufficient

if it complies with the formalities of a donation of a movable property.

SEC. 16. Examination of Human Body or Part Thereof. — A legacy or donation
of all or of any organ, tissue, or part of a human body authorizes an examination
necessary to assure medical acceptability of the legacy or donation for the purpose

intended.

For purposes of this Act, the recovery of the human organ, tissue, or part
thereof from brain-dead but heart-beating donor who eventually dies from an
accident, trauma, or other medico-legal case shall be part of the autopsy to be
authorized by law enforcement authorities, including the police or the National

Bureau of Investigation.

SEC. 17. Persons Who May Become Legatees or Donees. — The following
persons may become legates or donees of human organs, tissues, or parts thereof
for any of the purposes stated hereunder:

(@ Any hospital, physician or surgeon — for medical or dental education,
research, advancement of medical or dental science, therapy or transplantation;

(») Any accredited medical or dental school, college or university — for
education, research, advancement of medical or dental science, or therapy;

(© Any organ or tissue bank storage facility — for medical or dental education,
researeh, therapy or transplantation; and

(@ Any specified individual — for therapy or transplantation needed by the
individual.


SEC. 18. Duty of Hospitals. — A hospital authorized to receive organ donations
or to conduct transplantation shall train qualified personnel and staff to handle the
delicate task of introducing the organ donation program in a humane manner to the
immediate family of the decedent authorized to execute a donation under Section
15 of this Act. The hospital shall accomplish the necessary routine inquiry or the
required request form or document that will elicit from the patient, upon admission
to the hospital, or the immediate family at the death of the patient, about the
instruction on organ donation, which information will be added to the record of the

patient.

All hospitals shall refer potential deceased donors to the PhilNOS which shall
refer the organ recovery to an ORO.

A hospital that fails to comply with this section shall, after due hearing, be

penalized with a revocation of license to operate and of PhilHealth’s accreditation.

SEC. 19. Manner of Executing a Legacy. — (a) A legacy on donation of all
or any organ, tissue, or part of the human body may be made through a written duly
signed will. The legacy becomes effective upon the death of the testator even before
probate proceedings are conducted. If the will is not probated, or if it is declared
invalid for testamentary purposes, the legacy, to the extent that it was executed in
good faith, is nevertheless valid and effective. .
(») A legacy on donation of all or any organ, tissue, or part of the human body
may also be made in any document other than a will. The legacy becomes effective
upon death of the testator and shall be respected by and binding upon the

executor or administrator, heirs, assigns, successors-in-interest, and all members

15


of the family. The document, which may be a card or any paper designed to be
carried on one’s person, must be signed by the testator in the presence of two (2)
witnesses who must sign the document in the presence of the testator. If the testator
cannot sign, the document may be signed at the discretion and presence of the
testator and two (2) witnesses who must, likewise, sign the document in the
presence of the testator. Delivery of the document of legacy during the testator’s

lifetime is not necessary to make the legacy valid.

(© The legacy may be made to a specified legatee or unspecified legatee. If
the legacy is made to a specified legatee who is not available at the time and place
of the testator’s death, the attending physician or surgeon, in the absence of any
expressed indication that the testator desired otherwise, may accept the legacy
as legatee. If the legacy does not specify a legatee, the legacy may be accepted by
the attending physician or surgeon as legatee upon or following the testator’s
death. The physician who becomes a legatee under this subsection shall not
participate in the procedures for removing or transplanting the human organ,
tissue, or part thereof of the decedent.

(@ The testator may designate in the will, card or other document the surgeon
or physician who will carry out the appropriate procedures for removing or
transplanting the human organ, tissue, or part thereof of the decedent.

In the absence of a designation, or if the surgeon or physician designated is

not available, the legatee or other persons authorized to accept the legacy may

authorize any surgeon or physician for the purpose.

SEC. 20. Organ Donor Cards. — A donor may also indicate the willingness
to donate an organ, tissue, or part thereof either through a donor card or the

government-issued identification (ID) cards and licenses, including the following:

16


(@ Land Transportation Office (LTO)-issued driver's license;

() PhilHealth membership ID;

(© Government Service Insurance System (GSIS) membership ID;

(@ Social Security System (SSS) membership ID;

(© Professional Regulation Commission (PRC) license card;

() Bureau of Internal Revenue (BIR) tax identification number ID; or
(® Department of Foreign Affairs (DFA)-issued Philippine passport.

The LTO, PhilHealth, GSIS, SSS, PRC, BIR and the DFA, in coordination
with the Secretary of Health through the PhilNOS, shall devise their respective
application forms wherein the consent of the applicant to be an organ or tissue donor
in case of death will be asked. The response of the applicant shall be indicated in
these cards, and these government agencies shall furnish the PhilNOS of the
applicant’s response, which will be recorded in the PhilNOS registry for the
purpose of assigning the level of priority in the organ transplant waiting list.

SEC. 21. Procedure in the Absence of a Donation. — In the absence of any of
the persons authorized to execute a donation under Section 15 hereof, 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 decedent who died in an accident or any traumatic incident or other
medico-legal cases may authorize in a public document the transplantation of an
organ to the body of a living person: Provided, That the physician, head of the
hospital or a designated officer of the hospital for this purpose exerted reasonable

| efforts, within forty-eight (48) hours, to locate the nearest relative specified in

Section 15 of this Act or the guardian of the decedent at the time of death.


The physician, head of the hospital or a designated officer of the hospital, or
the medico-legal officer of any government agency which has custody of the body
may authorize the removal of the cornea or corneas of the decedent within twelve
(12) hours after death and upon the request of qualified legates or donees for the
sole purpose of transplantation: Provided, That the removal of the cornea or corneas
will not interfere with any subsequent investigation or alter the post-mortem facial
appearance of the decedent by means of placing eye caps after the comea or corneas.

have been removed.

In all donations, the decedent from whose body an organ will be removed for
the purpose of transplantation to a living person shall be diagnosed separately and
certified by two (2) qualified physicians, neither of whom is:

(a) A member of the team of medical practitioners who will effect the removal
of the organ from the body; nor

(e) the physician attending to the recipient of the organ to beremoved; nor

(© The head of the hospital or the designated officer authorizing the removal of
the organ.

SEC. 22. Persons Authorized to Remove and Transplant Organs, Tissues and
Corneas. — Only authorized medical practitioners in a hospital shall remove or
transplant any organ which is authorized to be removed or transplanted. The
removal of corneal tissues shall be performed only by ophthalmic surgeons and
ophthalmic technicians trained in the methodology of such procedure and duly
certified by the accredited National Association of Ophthalmologists and specialty
board.


SEC. 23. Delivery of Document of Legacy or Donation. — If the legacy or
donation is made to a specified legatee or donee, the will, card or other document,
or an executed copy thereof, may be delivered by the testator or donor, or the
authorized representative of the testator or donor to the legatee or donee to expedite
the appropriate procedures immediately after death. The will, card or other
document, or an executed copy thereof, may be deposited in any hospital or organ
bank storage facility that accepts it for safekeeping or for facilitation of procedures
after death. On the request of any interested party upon or after the testator’s death,
the person in possession shall produce the document of legacy or donation for

verification.

SEC. 24, Amendment or Revocation of Legacy or Donation. — (a) If the
will, card or other document, or an executed copy thereof, has been delivered to a
specific legate or donee, the testator or donor may amend or revoke the legacy or
donation either by:
(1) The execution and delivery to the legatee or donee of a signed statement;
| or
@ A written statement addressed to an attending physician executed in the
| presence of two (2) other persons and communicated to the legatee or donee; or
() A written statement addressed to an attending physician during a terminal
illness or injury, and communicated to the legatee or donee; or
(@ A signed card or document found on the person or effects of the testator

or donor.

(b) Any will, card or other document, or an executed copy thereof, which has

| not been delivered to the legatee or donee may be revoked by the testator or donor

| 19


in the manner provided in subsection (a) of this section or by destruction,
cancellation, or mutilation of the document and all executed copies thereof.

Any legacy or donation made through a will may also be amended or revoked
in the manner provided for amendment or revocation of wills or as provided in

subsection (a) of this section.

SEC. 25. Rights and Duties Afier Death. — The legatee or donee may accept
or reject the legacy or donation. A legatee or donee who accepts the legacy or
donation shall, upon the death of the testator and prior to embalming, authorize the
removal of the organ, tissue, or part thereof, avoiding unnecessary mutilation. After
removal of the human organ, tissue, or part thereof, the custody of the remainder of
the body vests in the surviving spouse, next-of-kin, or other persons under
obligation to dispose of the body of the decedent.

SEC. 26. Allowable Reimbursements for Organ from Deceased Donor. ~The
human organ, tissue, or part thereof shall be donated for free or without any financial
consideration. Reimbursements for reasonable expenses incurred during the
recovery, organ preservation, transport, and the ORO’s administrative and other
operational costs may be collected from the legatee or donee. This amount shall be
determined by the PhiINOS and shall be subject to annual review considering
inflationary and other economic factors.

SEC. 27. Transport of Donated Organ. — In view of the urgency to
immediately transport the donated organ to be utilized in a transplant operation,
all local airlines shall allocate a. space in the passenger cabin to accommodate
the transport of such organ on the first available opportunity, free of charge. If
the package requires an accompanying transplant coordinator, such accompanying

20


person may be charged the regular or discounted rate at the discretion of the carrier.
In availing of this privilege, the following requirements shall be observed by the
transplant coordinator:

(@ The sender must be a DOH or PhiINOS-accredited ORO represented by
any of its clinical transplant coordinators who must carry the official PhilNOS-
issued identification card;

() The receiving party must also be a clinical transplant coordinator who
must also carry an official PhiINOS-issued identification card; and

(© The packaging must comply with required medical standards and contain
a seal also issued by the PhilNOS. The required packaging standards shall be
provided by the PhilNOS to all local airlines.

ARTICLE IIL
ORGAN DONATION FROM LIVING DONORS

SEC. 28. Living Donors. — The Board shall establish policies and guidelines
to prevent organ trafficking and to ensure the safety of living donors and their

eventual recipients in accordance with the provisions of this Act.

SEC. 29. Living Donors in Closed Settings. — Individuals in closed settings,
such as prisons, rehabilitation centers and other similar facilities, shall be allowed
to donate their organs, tissues, or parts thereof, only to donees who are related to

them by blood within the fourth civil degree of consanguinity.

ARTICLE IV
ASSISTANCE AND PROTECTION TO DONORS

21


SEC. 30. Assistance and Protection to Donors. — A donor of a human organ,
tissue, or part thereof and the immediate family shall be entitled to the following
assistance, protection, and recognition:
(@ Inclusion in the priority list of the PhilNOS if the donor should need an
organ in the future. The immediate family of a living or deceased donor shall also
be given priority if any member of the immediate family, as enumerated in the
order of priority in Section 15 of this Act, also needs an organ in the future;
(e) Allowable reimbursement for reasonable expenses from the donee or,
when eligible, from the PhilHealth, for the costs directly related or associated with
the legal removal, transportation, implantation, processing, preservation, quality
control, and storage of a human organ, tissue, or parts thereof, including expenses
for travel, housing, and lost wages incurred by the donor in connection with the
donation of the organ, tissue, or part thereof, medical insurance and periodic health
monitoring, life insurance, and cost of medicines of the donor to attain full
recovery;
(© Additional support voluntarily provided by a donee, a nonprofit
organization or government agencies, which include the Technical Education and
| Skills Development Authority (TESDA), the Commission on Higher Education
(CHED), and other agencies for educational or livelihood assistance coursed
through the DOH;

(® Memorialization through a “Dugtong Buhay” award to be given by the
Secretary of Health;

(©) Paid leave for fifteen (15) days during the time of full recovery when the

donor is employed, either in the government or private sector;

(® Priority in employment, either in the government or private sector:

| 22


Provided, That a physician certifies that the living donor is fit for either

strenuous or non-strenuous work, or both: Provided, however, That this shall not

| apply to positions in the uniformed police and military personnel;

@ Disability pay from the SSS or GSIS in case of post-operation disability;

(@ Ten percent (10%) discount on airfare to and from the venue of actual
operation for potential donors found suitable, mentally and physically, to make the

donation; and

(@ Ten percent (10%) discount from pharmaceutical companies and their

distributors on transplant and post transplant-related medicines prescribed for the

donor’s medication.

The Secretary of Health, in coordination with the concerned agencies,
including the Civil Service Commission (CSC) and the Department of Labor and
Employment (DOLE), shall formulate the necessary guidelines for the effective

implementation of this section.

SEC. 31. PhilHealth Assistance. — Pursuant to its mandate under the National

Health Insurance Act of 1995, as amended, the PhilHealth shall:

(@ Develop a benefit package to reimburse the host ORO for the acquisition
cost of the organ, tissue, or part thereof; and

( Increase its present benefit package for indigent-donee who cannot afford
the entire cost before, during, and after organ transplantation, including’ related
expenses such as anti-rejection drugs or immunosuppressants. For this purpose,
the PhilHealth shall formulate a socialized medical and financial assistance
scheme in relation to the annual family income to enable the indigent-recipient to
pay for the transplant and ensure survival.

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ARTICLE V
PUBLIC AWARENESS PROGRAM

SEC. 32. Information and Education Drive. ~To ensure public awareness of
the maximum benefits under this Act, the DOH, in cooperation with
institutions such as the National Kidney and Transplantation Institute (NKTI),
civic and nongovernment health organizations, and other health-related agencies
involved in the donation and transplantation of human organs, as well as the
Department of Education and the CHED shall undertake a public information and

education program for this purpose.

The Secretary of Health shall ensure that all health professionals, both in
government and private sectors, as well as media organizations from print, radio
and television are encouraged to undertake massive public information campaign

to emphasize the importance of human organ donation.

The importance of human organ donation shall be included in the Health and
Science subjects in the curricula of both the elementary and secondary levels as
well as in the general education curriculum in the collegiate leyel. The Secretary of
Health shall coordinate with the Secretary of Education and the Chairperson of the
CHED for the effective implementation of this provision. The Information and
Advocacy Committee under the existing PhiINOS shall be in charge of the training
program of the faculty members of the schools handling courses on human organ

and tissue donation.

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The Secretary of Health shall also endeavor to disseminate information on

human organ and tissue donation through other means, including the internet, social

media, and mails subject to franking privilege.

SEC. 33. National Organ Donation Awareness Month. — The month of
April of every year is hereby declared as the “National Organ Donation Awareness
Month”, The DOH, in coordination with various government and private agencies,
and organizations, including professional societies, OROs or associations related to
human organ donation and transplantation, shall spearhead programs and activities

that highlight the importance of organ donation in saving lives.

ARTICLE VI
PROHIBITED ACTS AND PENALTIES

SEC. 34. Prohibited Discriminatory Acts. — (a) It shall be unlawful to
discriminate against a living organ donor or an organ donee in any form from
preemployment to post-employment, including hiring, promotion, or assignment by
reason of the person being an organ donor or an organ donee despite a certification
from a physician that the living donor or an organ donee is fit for work: Provided,
That this provision shall not apply to uniformed police and military personnel for
purposes of their preemployment and hiring procedure and requirements.

(») It shall be unlawful for private health insurance companies under a health
maintenance organization (HMO) and life insurance companies to deny or deprive
a person of health or life insurance coverage on the basis of being an organ donor
or donee. Neither shall the insurance premiums of an insured donor or donee be
increased nor the insurance benefits of an insured donor or donee be decreased.
The Insurance Commission shall implement the provision covering life insurance

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and shall develop the necessary policies to ensure compliance.

(© It shall be unlawful for a carrier to refuse to transport or ship an organ,
tissue, or part thereof, whether accompanied or not. Such refusal shall be penalized
with a fine in the amount of fifty thousand pesos (P50,000.00).

Any person who commits the discriminatory act mentioned in subsection (a)
of this section shall suffer the penalty of imprisonment for six months to four (4)
years and a fine not exceeding ten thousand pesos (P10,000.00), including the

cancellation or revocation of license or permit as may be applicable.

Any person who acts in good faith in accordance with the provisions of this
Act shall not be liable for damages in any civil action or be subject to criminal

prosecution.

SEC. 35. Other Prohibited Acts. — It shall be unlawful for any person, natural
or juridical, to commit any of the following acts:

(@ Advertise in any manner, whether formally or informally through print,

| . . .
broadcast media and other means of electronic media, an offer to sell, barter, deal

| in or supply human organs, tissues, or parts thereof or an offer to acquire, buy or
to receive human organs, tissues, or parts thereof for consideration in whatever
form;

(») Advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any means,
including the use of information technology and the internet, or any brochure,
flyer, or any propaganda material that promotes commercial dealings in human

organs, tissues, or parts thereof;

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© Recruit, transport, transfer, harbor, provide, or receipt of persons by any
means, for the sale, barter, or supply of human organs, tissues, or parts thereof
which involves consideration in whatever form;

(® Offer consideration in money, kind or service for the purpose of acquiring,
buying, offering, selling, or trading human organs, tissues, or parts thereof;

(© Offer to supply human organs, tissues, or parts thereof for consideration
or initiate or negotiate any arrangement for the supply thereof or for an offer to
supply human organs, tissues or parts thereof:

() Actas a facilitator, middleman, broker or other similar role in __ the sale,
barter, or supply of human organs, tissues, or parts thereof for consideration in
whatever form;

(® Engage in the trade, sale, barter, or supply of human organs, tissues, or
parts thereof for consideration in whatever form;

(0) Store or handle human organs, tissues, or parts thereof that have been

acquired or transferred or sold for consideration in whatever form;

(@ Deliver, transport, transfer or distribute human organs, tissues, or parts
thereof that have been acquired or transferred or sold for consideration in whatever
form;

() Remove or transplant human organs, tissues, or parts thereof that have
been acquired or transferred or sold for consideration in whatever form;

(&) Consent to the transplantation of human organs, tissues, or parts thereof
and be transplanted with the same with the knowledge that the human. organs,
tissues, or parts thereof have been acquired or transferred or sold for consideration
in whatever form;

() Recruit or invite persons to supply human organs, tissues, or parts thereof

for consideration;

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(») Make or receive payment for the supply of or for an offer to supply human
organs, tissues, or parts thereof; and

(») Deny or deprive an organ donor of private health insurance under an HMO
and life insurance coverage from insurance companies on the basis of being an
organ donor or donee. The Insurance Commission shall implement the provision
covering life insurance and shall develop the necessary policies to ensure

compliance.

SEC. 36. Penalties for Other Prohibited Acts, ~ The following, penalties and
sanctions are imposed for the offenses enumerated in Section 35 of this Act:

@ Any person found guilty of committing any of the acts enumerated in
Section 35 of this Act shall suffer the penalty of imprisonment of twenty (20)
years and a fine of not less than one million pesos (P1,000,000,00) but not more
than two million pesos (P2,000,000.00);

(») If the offender is a corporation, partnership, association, club,
establishment or any juridical person, the penalty shall be imposed upon the
owner, president, partner, manager, or any responsible officer who participated in
the commission of the crime or who shall have knowingly permitted or failed to
prevent its commission;

(© The registration with the Securities and Exchange Commission (SEC) and
license to operate of an erring corporation, partnership, association, or group shall
be cancelled and revoked permanently. The owner, president, partner or manager
thereof shall not be allowed to operate similar establishments in a different name;

(@ If the offender is a hospital, clinic or other similar licensed medical
institution, the penalty shall be imposed upon its owner, president, director,

members of the board, officials, doctors and medical staff with knowledge of the

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illegal acts and participates in the illegal acts;

() If the offender is a hospital, clinic or medical institution under the DOH
and other regulatory institutions, its license shall be cancelled and revoked, and
the license to practice of medical professionals working in such hospital, clinic,
medical or regulatory institution found guilty of the illegal acts shall be cancelled
and revoked;

( Ifthe offender is a foreigner, the foreigner shall be immediately deported
after serving the sentence and be barred permanently from entering the country;
and

(g) If the offender is an official or employee of a government agency, such
official or employee shall be held administratively liable, without prejudice to
criminal liability under this Act. The government official or employee shall, upon
conviction, be dismissed from the service and be barred permanently to hold public
office. The retirement and other benefits of erring government official or employee

shall likewise be forfeited.

ARTICLE VIL
FINAL PROVISIONS

SEC. 37. Rules and Regulations. — Within thirty (30) days from the approval
of this Act, the Secretary of Health, after consultation with all health professionals
of both government and private, and nongovernment health organizations, shall
promulgate the rules and regulations implementing the provisions of this Act. The
implementing rules and regulations issued pursuant to this Act shall take effect
thirty (30) days after its publication in two (2) national newspapers of general

circulation.

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SEC. 38. Repealing Clause. — Republic Act No. 7170, as amended, also
known as the “Organ Donation Act of 1991”, is hereby repealed.

Subparagraph 7 of Paragraph V (General Policy Statements) of DOH
Administrative Order No. 2010-0018 and Subparagraph 6.d. of Paragraph VII
(Operational Guidelines) of DOH Administrative Order No. 2010-0019 are also
hereby repealed.

All other laws, decrees, ordinances, rules and regulations, executive or
administrative orders, and other presidential issuances inconsistent with this Act

are hereby repealed, amended or modified accordingly.

SEC. 39. Suppletory Application of Republic Act No. 9208. — The provisions
of Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons
Act of 2003”, and Section 4(g) of its Implementing Rules and Regulations, insofar

as they are not inconsistent with the provisions of this Act, shall apply suppletorily.

SEC. 40. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall

remain in full force and effect.

SEC. 41. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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