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Prepared by:Precious Lou Corales-Aguila, RMT,ASCPi

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In order to promote public health, it isdeclared a national policy to preventtrafficking in human blood and itsproducts and derivatives .

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"Blood" means human blood, processed orunprocessed, and includes its products and

derivatives."Person" includes corporations, partnerships,associations, and organizations.

"Cost" means the actual purchase price of unprocessed blood and its handling charges, such asthose for its collection, processing, storage,

transportation, and sale, and a reasonable allowancefor s oila e.

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It shall be the unlawfu l for any person to establish or operatea blood bank or blood processing laboratory, or to collect orprocess blood if he is not a licensed physician , or to sellblood collected from another person, even if authorized bythe latter, without first securing a license from theDepartment of Health : Provided, That in cases of emergency,blood transfusion shall be allowed under the responsibility o

the attending physician without such license: And provided,further, That persons operating blood banks and bloodprocessing laboratories on the date of the approval of thisAct may continue to operate and same if they secure suchlicense within sixty days from the date of the issuance of therules and regulations provided for in section five hereof.

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No license shall be granted or renewed by theDepartment of Health for the establishment or operationof a blood bank or blood processing laboratory unless

such bank or laboratory be established or operated inaccordance with accepted scientific standards ,

is underthe administration, direction and supervision of alicensed and qualified physician, and blood is collected

and/or processed therein by licensed physicians orunder their direct supervision and responsibility.No license shall be granted or renewed by saidDepartment for the collection and/or processing of blood unless the licensee complies with therequirements hereinabove established for blood banksand blood processing laboratories.cralaw

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Blood banks and processing laboratories shall beoperated on a non-profit basis . Blood collecting

or processing by other blood collectors orprocessors or by individual physicians shall alsobe on a non-profit basis. Blood shall be sold bysuch banks and laboratories, other blood

collectors or processors, and individual physiciansat cost.

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The Secretary of Health is charged with theresponsibility of strictly enforcing this Act, and shall

issue such rules and regulations as may benecessary to carry out its provisions, including rulesand regulations prescribing, from time to time, themaximum ceilings for handling charges of blood,such as charges for its collection, processing,storage, transportation, and sale, and a reasonableallowance for spoilage, which shall be considered aspart of the cost of blood.

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Any person who violates any provision of this Actor of the rules and regulations issued thereunder

shall be punished by imprisonment for not lessthan one month and not more than one year or bya fine of not less than one hundred pesos and notmore than one thousand pesos or by both suchfine and imprisonment in the discretion of thecourt.

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This Act shall take effect upon itsapproval.APPROVED: JUNE 16,1956

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AN ACT PROMOTING VOLUNTARY BLOODDONATION,PROVIDING FOR AN ADEQUATE

SUPPLY OF SAFEBLOOD, REGULATING BLOODBANKS, AND PROVIDINGPENALTIES FORVIOLATION THEREO

RA 7719

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Title This Act shall be known as the "National Blood

Services Act of 1994."

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Declaration of Policy In order to promote public health, it is hereby declared thepolicy of the State:

(a) to promote and encourage voluntary blood donationby the citizenry and to in still public consciousness of theprinciple that blood donation is a humanitarian act ;

(b) to lay down the legal principle that the provision of blood for transfusion is a professional medical serviceand not a sale of a commodity ;

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(c) to provide for adequate, safe, affordable andequitable distribution of supply of blood and bloodproducts;(d) to inform the public of the need for voluntary blooddonation to curb the hazards caused by the commercialsale of blood;

(e) to teach the benefits and rationale of voluntary blooddonation in the existing health subjects of the formaleducation system in all public and private schools, in theelementary, high school and college levels as well as thenon-formal education system;

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(f) to mobilize all sectors of the community toparticipate in mechanisms for voluntary and non-profit collection of blood ;

(g) to mandate the Department of Health to establishand organize a National Blood Transfusion ServiceNetwork in order to rationalize and improve theprovision of adequate and safe supply of blood;

(h) to provide for adequate assistance to institutionspromoting voluntary blood donation and providingnon-profit blood services, either through a systemof reimbursement for costs from patients who canafford to pay, or donations from governmental andnon-governmental entities;

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(i) to require all blood collection units and bloodbanks/centers to operate on a non-profit basis ;

(j) to establish scientific and professional standards forthe operation of blood collection units and bloodbanks/centers in the Philippines;(k) to regulate and ensure the safety of all activities

related to the collection, storage and banking of blood;and(l) to require upgrading of blood banks/centers to includepreventive services and education to control spread of blood transfusion transmissible diseases

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Definitions -For purposes of this Act, the following terms shall mean:(a)

Blood/blood product- refers to human blood, processed or unprocessed andincludes blood components, its products and derivatives;(b)

Blood bank/center- a laboratory or institution with the capability to recruitand screen blood donors, collect, process, store, transportand issue blood for transfusion and provide informationand/or education on blood transfusion transmissiblediseases;(c)

Commercial blood bank - a blood bank that exists for profit;(d)

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Hospital-based blood bank - a blood bank which is located within the premises of ahospital and which can perform compatibility testing of

blood;(e)Blood collection unit

- an institution or facility duly authorized by the Department of Health to recruit and screen donors and collect blood;(f)

Voluntary blood donor - one who donates blood on one's own volition orinitiative andwithout monetary compensation;(g)

Department

- the Department of Health;

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Blood transfusion transmissible diseases diseases which may be transmitted as a result of bloodtransfusion, including AIDS, Hepatitis-B, Malaria andSyphilis ;(i)

Secretary of Health - the Secretary of Health or any other person to whom theSecretary delegates the responsibility of carrying out the

provisions of this Act;andWalking Blood Donor - an individual included in the list of qualified voluntaryblood donors referred to in Section 4, paragraph (e), who isready to donate blood when needed in his/her community.

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Promotion of Voluntary Blood Donation . In order to ensure adequate supply of human blood,voluntary blood donation shall be promoted throughthefollowing:(a) Public Education. (b) Promotion in Schools.

(c) Professional Education. (d) Establishment of Blood Services Network.(e) Walking Blood Donors. -

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National Voluntary Blood Services Program . The Department, in cooperation with the PNRC and PBCC andother government agencies and non-governmental organizations

shall plan and implement a National Voluntary Blood ServicesProgram (NVBSP) to meet in an evolutionary manner, the needs forblood transfusion in all regions of the country. Funds for thispurpose shall be provided by the Government through the budgetaryallocation of the Department, by the Philippine Charity SweepstakesOffice (PCSO) with an initial amount of at least Twenty-five millionpesos (P25,000,000), by the Philippine Amusement and GamingCorporation(PAGCOR) with an initial amount of at least Twenty-fivemillion pesos (P25,000,000),by the trust liability account of the DutyFree Shop (Duty Free Philippines) with an initial amount of at leastTwenty million pesos (P20,000,000) and through contributions of other agencies such as civic organizations.

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Upgrading of Services and Facilities . All blood banks/centers shall provide preventive

health services such as education and counselling onblood transfusion transmissible diseases . All governmenthospitals, including those that have been devolved, shallbe required to establish voluntary blood donation

programs and all private hospitals shall be encouraged toestablish voluntary blood donation programs . TheDepartment, in consultation with the PSHBT and the PSP,shall also establish guidelines for the rational use of blood and blood products

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Phase-out of Commercial Blood Banks All commercial blood banks shall be phased-

out over a period of two (2) years after theeffectivity of this Act, extendable to a maximumperiod of two (2) years by the Secretary.

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Non-Profit Operation All blood banks/centers shall operate on a

non-profit basis :Provided , That they maycollect service fees not greater than themaximum prescribed by the Department whichshall be limited to the necessary expensesentailed in collecting and processing of blood .Blood shall be collected from healthy voluntarydonors only.

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Regulation of Blood Services It shall be unlawful for any person toestablish and operate a

blood bank/center unless it is registered and issued a licensetooperate by the Department:Provided , That in case of emergencies, blood collectionandtransfusion under the responsibility of the attendingphysician shall be allowed inhospitals without such license undercertain conditions prescribed by the Department. Nolicense shallbe granted or renewed by the Department for the establishmentandoperation of a blood bank/center unless it complies with thestandards prescribed by theDepartment. Such blood bank/centershall be under the management of a licensed andqualifiedphysician duly authorized by the Department.

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Importation of Blood Bank Equipment, Blood Bags andReagents

Upon the effectivity of this Act, equipment, blood bagsand reagents used for the screening and testingof donors, collection and processing and storage of bloodshall be imported tax-and duty-free by the PNRC , bloodbanks and hospitals participating actively in the National

Voluntary Blood Services Program. This provision shall beimplementedby the rules and regulations to bepromulgated by the Department in consultation andcoordination with the Department of Finance.

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Penalties Collect charges and fees greater than themaximumprescribed by the Department shall have its licensesuspended or revoked bythe Secretary. Any person orpersons who shall be responsible for the above violationshallsuffer the penalty of imprisonment of not less

than one (1) month nor more than six (6)months, ora fine of not less than Five thousand pesos (P5,000)nor more than Fiftythousand pesos (P50,000), orboth at the discretion of the competent court.

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Any person who shall establish and operate a blood bank withoutsecuring anylicense to operate from the Department or who fails tocomply with the standards prescribed by the Department referred to

in Section 9 hereof shall suffer the penalty of imprisonment of notless than twelve (12) years and one (1) day nor more thantwenty(20) years or a fine of not less than Fifty thousand pesos(P50,000) nor more than Five hundred thousand pesos(P500,000), or both at the discretion of the competent court.The Secretary, after due notice and hearing, may imposeadministrative sanctionssuch as, but not limited to fines,suspension, or revocation of license to operate a bloodbank/center and to recommend the suspension or revocationof the license to practice the profession when applicable.

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The head of the blood bank and the necessary

trained personnel under the head's directsupervision found responsible for dispensing,transfusing and failing to dispose ,within forty-eight (48) hours , blood which have been proven

contaminated with blood transfusiontransmissible diseases shall be imprisoned forten (10) years .

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Separability Clause . If any provision of this Act isdeclared invalid, theother provisionshereof not affected thereby shallremain in force and effect.

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Repealing Clause . This Act shall supersede RepublicAct No. 1517 entitled "Blood BankAct." The provisions of any law,executive order, presidentialdecree or

other issuances inconsistent with thisAct are hereby repealed ormodifiedaccordingly

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Effectivity Clause . This Act shall take effect afterfifteen (15) daysfollowing itspublication in the Official Gazette or intwo (2) national newspapers of general

circulation.MAY 15, 1994

SECTION 15