Law Summary
Declaration of Policy
- Promote and encourage voluntary blood donation as a humanitarian act.
- Recognize blood provision for transfusion as a professional medical service, not a commercial sale.
- Ensure adequate, safe, affordable, and equitable distribution of blood and blood products.
- Raise public awareness to curb hazards of commercial blood sales.
- Integrate education on voluntary blood donation in formal and non-formal education systems.
- Mobilize community participation for voluntary non-profit blood collection.
- Mandate the Department of Health (DOH) to organize a National Blood Transfusion Service Network.
- Provide assistance to nonprofit blood service institutions via cost reimbursement or donations.
- Require all blood collection units and blood banks to operate on a non-profit basis.
- Establish scientific and professional standards for operation and safety.
- Require blood banks/centers to offer preventive services and education on transfusion-transmissible diseases.
Definitions
- Blood/blood product: Human blood, components, products, and derivatives.
- Blood bank/center: Laboratory/institution recruiting, screening donors, processing, storing, transporting, and issuing blood and providing educational services.
- Commercial blood bank: For-profit blood bank.
- Hospital-based blood bank: Blood bank within hospital premises capable of compatibility testing.
- Blood collection unit: DOH-authorized to recruit, screen donors, and collect blood.
- Voluntary blood donor: Donates blood voluntarily without monetary compensation.
- Department: Department of Health.
- Blood transfusion transmissible diseases: Includes AIDS, Hepatitis-B, Malaria, Syphilis.
- Secretary of Health: Secretary or delegated person responsible for Act enforcement.
- Walking Blood Donor: Qualified voluntary donor ready to donate in their community.
Promotion of Voluntary Blood Donation
- Public Education: Nationwide campaigns led by DOH, Philippine National Red Cross (PNRC), Philippine Blood Coordinating Council (PBCC), supported by media, government units, NGOs, and medical organizations.
- Financial Support: DOH authorized to allocate funds and reimburse costs; nonmonetary incentives for donors.
- Promotion in Schools: Emphasis on benefits in health subjects from elementary to college and non-formal education.
- Professional Education: Medical and allied health groups to conduct education on rational use and merits of voluntary donation.
- Blood Services Network: Establishment of blood centers nationwide, set standards, provide training and technical assistance.
- Walking Blood Donors: Lists of qualified donors with blood types maintained in areas with inadequate facilities.
National Voluntary Blood Services Program (NVBSP)
- DOH to coordinate with PNRC, PBCC, government and NGOs to ensure blood supply meets regional needs.
- Funded by government appropriations, PCSO, PAGCOR, Duty Free Shop, and civic contributions.
Upgrading of Services and Facilities
- Blood banks/centers must provide preventive health services including education and counseling on transfusion-transmissible diseases.
- Government hospitals required, private hospitals encouraged to establish voluntary donation programs.
- DOH, in consultation with professional societies, to establish guidelines for rational blood use.
Phase-out of Commercial Blood Banks
- Commercial blood banks to be phased out within two years of the Act’s effectivity, extendable by two more years.
Non-Profit Operation of Blood Banks
- All blood banks/centers operate non-profit.
- Service fees permitted only up to the maximum necessary for collection and processing expenses.
- Blood shall only be collected from healthy voluntary donors.
Regulation of Blood Services
- Operating a blood bank/center requires registration and license from DOH.
- Emergency exceptions allowed under attending physician’s responsibility.
- License granted only if the blood bank complies with DOH standards.
- Licensed physician must manage the blood bank.
Importation of Blood Bank Equipment and Supplies
- Equipment, blood bags, reagents for screening, collection, processing, storage are importable tax- and duty-free.
- Applies to PNRC, blood banks, hospitals active in NVBSP.
- Implementation rules to be coordinated with Department of Finance.
Rules and Regulations
- DOH Secretary to promulgate implementing rules within 60 days.
- Existing regulations remain unless amended.
- Rules to set maximum fees for blood provision including collection, processing, storage, and professional services.
Penalties
- Collection of fees exceeding prescribed maximum may result in license suspension or revocation.
- Offenders face imprisonment from 1 to 6 months, or fines from P5,000 to P50,000, or both.
- Operating a blood bank without license or failing to meet standards leads to imprisonment of 12 years and 1 day to 20 years, or fines from P50,000 to P500,000, or both.
- Secretary may impose administrative sanctions including fines, suspension, license revocation, or recommend professional license suspension.
- Failure to dispose of contaminated blood within 48 hours results in 10 years imprisonment.
- Criminal charges under Revised Penal Code may also apply.
Separability Clause
- If any provision is declared invalid, the rest remain effective.
Repealing Clause
- This Act supersedes Republic Act No. 1517 (Blood Bank Act) and repeals or modifies inconsistent laws and issuances.
Effectivity Clause
- The Act takes effect 15 days after publication in the Official Gazette or two national newspapers of general circulation.