RA 7719 National Blood Services Act of 1994
RA 7719 National Blood Services Act of 1994
RA 7719 National Blood Services Act of 1994
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Section 1. Title. – This Act shall be known as the "National Blood Services Act
of 1994."
(a) to promote and encourage voluntary blood donation by the citizenry 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;
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(f) to mobilize all sectors of the community to participate in mechanisms for
voluntary and non-profit collection of blood;
(i) to require all blood collection units and blood banks/centers to operate on a
non-profit 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
Sec. 3. Definitions. – For purposes of this Act, the following terms shall mean:
(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;
(f) Voluntary blood donor - one who donates blood on one's own volition or
initiative and without monetary compensation;
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(h) Blood transfusion transmissible diseases – diseases which may be
transmitted as a result of blood transfusion, including AIDS, 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
The Department is hereby authorized to set aside funds and generate 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 nonmonetary incentives
as may be determined by the Department.
(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
Association 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.
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(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 coordination 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, ruralhealth 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.
The Department, 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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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. 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
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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.