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Ra 7719

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AN ACT BLOOD PROMOTING VOLUNTARY BLOOD DONATION,

PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE BLOOD,


REGULATING BLOOD BANKS, AND PROVIDING PENALCTIES FOR
VIOLATION THEREOF

REPUBLIC ACT NO. 7719


May 5, 1994
Sec. 1. Title. This Act shall be known as the "National Blood Services Act of
1994".
Sec. 2. Declaration of Policy. In order to promote public health, it is hereby
declared the policy of the State:
a) to promote and encourage voluntary blood donation by the citizentry and to
instill public consciousness of the principle 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 service and not a sale of a commodity;
c) to provide for adequate, safe affordable and equitable distribution of supply of
blood and blood products;
d) to inform the public of the need for voluntary blood donation to curb the hazards
caused by the commercial sale of blood;
e) to teach the benefits and rationale of voluntary blood donation in the existing
health subjects of the formal education system in all public and private schools, in
the elementary, high school and college levels as well as the non-formal education
system;
f) to mobilize all sectors of the community to participate in mechanisms for
voluntary and non-profit collection of blood;
g) to mandate the Department of Health to establish and organize a National Blood
Transfusion Service Network in order to rationalize and improve the provision of
adequate and safe supply of blood;
h) to provide for adequate assistance to institutions promoting non-profit blood
services, either through a system of reimbursement for costs from patients who can
afford to pay, or donations from governmental and non-governmental entities;
i) to require all blood collection units and blood banks/centers to operate on a nonprofit basis;
j) to establish scientific and professional standards for the operation of blood
collection units and blood banks/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 include preventive services and
education to control spread of blood transfusion transmissible diseases.
Sec. 3. Definitions. For purposes of this Act, the following terms shall mean:
a) Blood/blood product refers to human blood, processed or unprocessed and
includes blood components, its products and derivatives;
b) Blood bank/center a laboratory or institution with the capability to recruit and
screen blood donors, collect, process, store, transport and issue blood for
transfusion and provide information and/or education on blood transfusion
transmissible diseases;
c) Commercial blood bank a blood bank that exists for profit;
d) Hospital-based blood bank a blood bank which is located within the premises of
a hospital 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 donor and collect blood;
f) Voluntary blood donor one who donates blood on one's own volition or
initiative and without monetary compensation;
g) Department the Department of the Health;
h) Blood transfusion transmissible diseases diseases which may be transmitted as
a result of blood transfusion, including AID, Hepatitis-B, Malaria and Syphilis;
i) Secretary of Health the Secretary of Health or any other person to whom the
Secretary delegates the responsibility of carrying out the provisions of this Act;
and
j) Walking Blood Donor an individual included in the list of qualified voluntary
blood donors referred to in Section 4, paragraph (e), who is ready to donate blood
when needed in his/her community.
Sec. 4. Promotion of Voluntary Blood Donation. In order to ensure adequate
supply of human blood, voluntary blood donation shall be promoted through the
following:
a) Public Education. Through an organized and sustained nationwide public
education campaign by the Department, the Philippine National Red Cross (PNRC)
and the Philippine Blood Coordinating Council (PBCC), as the lead agencies, other
government agencies, local government units (particularly the barangays), non-

governmental organizations, all medical organizations, all public and private


hospitals, all health and health-related institutions, print and broadcast media as
well as other sectors. The Department is hereby authorized to set aside funds and
generated financial support for all sectors involved in the collection and processing
of blood from voluntary blood donors through a system of reimbursement for costs
for patients who can afford to pay or from donations from government and private
institutions. Voluntary donors shall likewise be provided non-monetary incentives
as may be determined by the Department.
b) Promotion in Schools. The benefits rationale of voluntary blood donation shall
be included and given emphasis in health subjects of schools, both public and
private, at the elementary, high school and college levels. The Department of
Education, Culture and Sports shall also require such inclusion in its non-formal
education curricula.
c) Professional Education. The Department, the PBCC, the Philippine Society of
Hematology and Blood Transfusion (PSHBT), the Philippine Society of
Pathologists (PSP), the Philippine Medical Association (PMA), the Philippine
Associations of Medical Technologists (PAMET) and the Philippine Nursing
Association (PNA) are encouraged to conduct for their respective members and as
part of the continuing medical education, trainings on the rational use of blood and
blood products including the merits of voluntary blood donation.
d) Establishment of Blood Services Network. Blood centers shall be strategically
established in every province and city nationwide within the framework of a
National Blood Transfusion Service Network spearheaded by the Department, in
coordinating with the PNRC. The collection of blood in various areas in the
community, such as schools, business enterprises, barangays, and military camps
shall be promoted.
The Secretary shall set the standards for the scientific and professional
establishment and operation of blood banks/centers and collection units. The
Department shall provide training programs and technical assistance to enable
communities, schools, industrial and business sites, barangays, military camps and
local government units to implement their own voluntary blood donation programs.
e) Walking Blood Donors In areas where there may be inadequate blood banking
facilities, the walking blood donor concept shall be encouraged and all government
hospitals, rural-health units, health centers, and barangays in these areas shall be
required to keep at all times a list of qualified voluntary blood donors with their
specified blood typing.
Sec. 5. National Voluntary Blood Services Program. The Department, in
cooperation with the PNRC and PBCC and other government agencies and nongovernmental organizations shall plan and implement a National Voluntary Blood
Services Program (NVBSP) to meet in an evolutionary manner, the needs for blood
transfusion in all regions of the country. Funds for this purpose shall be provided
by the Government through the budgetary allocation of the Department by the
Philippine Charity Sweepstakes Office (PCSO) with an initial amount of at least

Twenty-five million pesos (P25,000,000), by the Philippine Amusement and


Gaming Corporation (PAGCOR) with an initial amount of at least Twenty-five
million pesos (P25,000,000), by the trust liability account of the Duty Free Shop
(Duty Free Philippines) with an initial amount of at least Twenty million pesos
(P20,000,000) and through contributions of other agencies such as civic
organizations.
Sec. 6. Upgrading of Services and Facilities. All blood banks/centers shall provide
preventive health services such as education and counseling on blood transfusion
transmissible diseases. All government hospitals, including those that have been
devolved, shall be required to establish voluntary blood donation programs and all
private hospitals shall be encouraged to establish voluntary blood donation
programs.
The Department, in consultation with the PSHBT and the PSP, shall also establish
guidelines for the rational use of blood and blood products.
Sec. 7. Phase-out of Commercial Blood Banks. All commercial blood banks shall
be phased-out over a period of two (2) years after the effectivity of this Act,
extendable to a maximum period of two (2) years by the Secretary.
Sec. 8. Non-Profit Operation. All blood banks/centers shall operate on a non-profit
basis: Provided, That they may collect service fees not greater than the maximum
prescribed by the Department which shall be limited to the necessary expenses
entailed in collecting and processing of blood. Blood shall be collected from
healthy voluntary donors only.
Sec. 9. Regulation of Blood Services. It shall be unlawful for any person to
establish and operate a blood bank/center unless it is registered and issued a license
to operate by the Department: Provided, That in case of emergencies, blood
collection and transfusion under the responsibility of the attending physician shall
be allowed in hospitals without such license under certain conditions prescribed by
the Department. No license shall be granted or renewed by the Department for the
establishment and operation of a blood bank/center unless it complies with the
standards prescribed by the Department. Such blood bank/center shall be under the
management of a licensed and qualified physician duly authorized by the
Department.
Sec. 10. Importation of Blood Bank Equipment, Blood Bags and Reagents. Upon
the effectivity of this Act, equipment, blood bags and reagents used for the
screening and testing of donors, collection and processing and storage of blood
shall be imported tax and duty-free by the PNRC, blood banks and hospitals
participating actively in the National Voluntary Blood Services Program. This
provision shall be implemented by the rules and regulations to be promulgated by
the Department in consultation and coordination with the Department of Finance.
Sec. 11. Rules and Regulations. The implementation of the provisions of this Act
shall be in accordance with the rules and regulations to be promulgated by the
Secretary, within sixty (60) days from the approval hereof. The existing Revised

Rules and Regulations Governing the Collection, Processing and Provision of


Human Blood and the Establishment and Operation of Blood Banks shall remain in
force unless amended or revised by the Secretary. The rules and regulations shall
prescribe from time to time the maximum ceiling for fees for the provision of
blood, including its collection, processing and storage, professional services and a
reasonable allowance for spoilage.
Sec. 12. Penalties. Upon complaint of any person and after due notice and hearing,
any blood bank/center which shall collect charges and fees greater than the
maximum prescribed by the Department shall have its license suspended or
revoked by the Secretary.
Any person or persons who shall be responsible for the above violation shall suffer
the penalty of imprisonment of not less than one (1) month nor more than six (6)
months, or a fine of not less than Five thousand pesos (P5,000) nor more than Fifty
thousand pesos (P50,000), or both at the discretion of the competent court.
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 Department referred to in Section 9 hereof shall suffer the
penalty of imprisonment of not less than twelve (12) years and one (1) day nor
more than twenty (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 impose 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.
The head of the blood bank and the necessary trained personnel under the head's
direct supervision found responsible for dispensing, transfusing and failing to
dispose, within forty-eight (48) hours, blood which have been proven contaminated
with blood transfusion transmissible diseases shall be imprisoned for ten (10)
years. This is without prejudice to the filing of criminal charges under the Revised
Penal Code.
Sec. 13. Separability Clause. If any provision of this Act is declared invalid, the
other provisions hereof not affected thereby shall remain in force and effect.
Sec. 14. Repealing Clause. This Act shall supersede Republic Act No. 1517
entitled "Blood Bank Act." The provisions of any law, executive order, presidential
decree or other issuances inconsistent with this Act are hereby repealed or
modified accordingly.
Sec. 15. Effectivity Clause. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in two (2) national newspapers
of general circulation.

Approved, May 5, 1994

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