QuestionsQuestions (Republic Act No. 7719)
RA 7719 is titled the “National Blood Services Act of 1994.” It promotes voluntary blood donation, ensures an adequate supply of safe blood, regulates blood banks/centers, and provides penalties for violations.
The State policies include promoting and encouraging voluntary donation; treating blood provision as a professional medical service (not a sale of a commodity); ensuring adequate, safe, affordable, and equitable blood distribution; curbing hazards of commercial sale; educating the public; mobilizing community sectors; mandating the DOH to establish a National Blood Transfusion Service Network; requiring blood collection units and blood banks/centers to operate on a non-profit basis; setting standards for safe collection/storage/banking; and requiring preventive services/education to control transmissible diseases.
It refers to human blood, processed or unprocessed, including blood components, their products, and derivatives.
A laboratory or institution capable of recruiting and screening donors, collecting, processing, storing, transporting, and issuing blood for transfusion, and providing information/education on blood transfusion transmissible diseases.
A “commercial blood bank” exists for profit. A “hospital-based blood bank” is located within a hospital premises and can perform compatibility testing of blood.
A person who donates blood on their own volition or initiative and without monetary compensation.
It refers to qualified voluntary donors in a list maintained by concerned government hospitals, rural health units, health centers, and barangays in areas lacking adequate blood banking facilities, who are ready to donate when needed in their community.
Examples include: (1) public education campaign; (2) promotion in schools (formal and non-formal education); (3) professional education/continuing medical education; (4) establishment of blood services network in provinces/cities; (5) encouragement of walking blood donors where facilities are inadequate.
It is a program to meet blood transfusion needs across all regions in an evolutionary manner. It is planned and implemented by the DOH in cooperation with the PNRC, PBCC, other government agencies, and NGOs.
Government budget allocation of the DOH; PCSO at least P25,000,000; PAGCOR at least P25,000,000; Duty Free Philippines trust liability account at least P20,000,000; and contributions from other agencies such as civic organizations.
All blood banks/centers shall operate on a non-profit basis. They may collect service fees not greater than the maximum prescribed by the DOH, limited to necessary expenses involved in collecting and processing blood.
Blood shall be collected from healthy voluntary donors only.
It is unlawful to establish and operate a blood bank/center unless registered and issued a license by the DOH. Exception: in emergencies, blood collection and transfusion under the attending physician’s responsibility may be allowed in hospitals without such license under conditions prescribed by the DOH.
It must comply with standards prescribed by the DOH, and it must be under the management of a licensed and qualified physician duly authorized by the DOH.
Upon effectivity, these items used for donor screening/testing and for collection/processing/storage shall be imported tax- and duty-free by the PNRC, blood banks, and hospitals actively participating in the NVBSP, implemented through DOH rules in consultation with the DOF.
Rules must be promulgated within sixty (60) days from approval. Existing Revised Rules and Regulations governing collection/processing/provision of human blood and establishment/operation of blood banks remain in force unless amended/revised by the Secretary.
Upon complaint and after due notice and hearing, the license may be suspended or revoked. Responsible persons may face imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than P5,000 nor more than P50,000, or both.
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 P50,000 nor more than P500,000, or both (discretion of the competent court).
They may be imprisoned for ten (10) years if responsible for dispensing/transfusing and failing to dispose within forty-eight (48) hours blood proven contaminated with blood transfusion transmissible diseases, without prejudice to other criminal charges under the Revised Penal Code.
All commercial blood banks shall be phased out over two (2) years after effectivity, extendable to a maximum of two (2) additional years by the Secretary (subject to the statutory limit).