Question & AnswerQ&A (DOH ADMINISTRATIVE ORDER NO. 124)
The Order sets the national policy on kidney transplantation from living non-related donors (LNRDs) to regulate, manage, and guide the ethical practice of such transplantation in the Philippines.
Republic Act No. 7170, the Organ Donation Act of 1991, addresses brain dead cadaver donors but does not include provisions for living organ donors.
LRDs include first-degree consanguinity such as parents and children, and extended to culturally relevant relatives like siblings, cousins, nephews, nieces, and other blood relatives.
LNRDs are donors not related by blood who willingly donate a kidney based on certain reasons, such as voluntary donors with emotional ties or strangers donating altruistically, and exclude kidney vendors.
Sale and purchase of kidneys by kidney vendors are prohibited. Payment or promise of payment is a precondition which is not allowed, and any health facility or professional involved shall face penalties.
Principles of equity, justice, benevolence, nonmaleficence, solidarity, altruism, and volunteerism guide the programs.
The ODP formulates policy guidelines, serves as advisory body for kidney organ sharing and transplantation, develops transparency and collaboration mechanisms, and facilitates technical assistance among professionals and facilities.
The NTEC, composed of 3 to 5 members appointed by the Secretary of Health, formulates ethical standards for kidney transplantation practiced in the country.
The Bureau of Health Facilities and Services (BHFS) under the Department of Health is responsible for licensing and regulating such facilities.
They must have capability in immunosuppressive drug monitoring, diagnostic laboratory capability, qualified medical and surgical experts, established Ethics Committee, Kidney Donor Registry, Organ Transplant program, and meet other minimum licensing standards.
Philhealth accredits health facilities and providers, conducts utilization reviews and performance monitoring, and helps institutionalize best medical practices in kidney transplantation.
Violations result in penalties through cancellation of licenses, sanctions under DOH and Philhealth rules, and may include professional disciplinary actions coordinated with the Professional Regulations Commission and medical societies.
Kidney donors and recipients, health professionals, health-related facilities, DOH offices and attached agencies, and non-government organizations involved in transplantation and donation programs.
The KDMU maintains a national kidney transplant registry to track all kidney transplants, LNRDs, and patients seeking transplantation using LNRDs, facilitating transparency and oversight.
Failure to submit reports for a specified period can result in non-issuance of a license to perform kidney transplantation.