Policy and state objectives
- The State policy is to promote and encourage voluntary blood donation by the citizenry.
- The State policy is to instill public consciousness that blood donation is a humanitarian act.
- The State policy is to establish the legal principle that the provision of blood for transfusion is a professional medical service and not a sale of a commodity.
- The State policy is to provide adequate, safe, affordable and equitable distribution of blood and blood products.
- The State policy is to inform the public of the need for voluntary blood donation to curb hazards caused by the commercial sale of blood.
- The State policy is to teach the benefits and rationale of voluntary blood donation in the health subjects of the formal education system and in non-formal education curricula.
- The State policy is to mobilize all sectors of the community to participate in mechanisms for voluntary and non-profit collection of blood.
- The State policy mandates the Department of Health to establish and organize a National Blood Transfusion Service Network.
- The State policy is to provide assistance to institutions promoting voluntary blood donation and non-profit blood services through reimbursement for costs from patients who can afford to pay, or through donations from government and non-governmental entities.
- The State policy requires all blood collection units and blood banks/centers to operate on a non-profit basis.
- The State policy is to establish scientific and professional standards for blood collection units and blood banks/centers in the Philippines.
- The State policy is to regulate and ensure the safety of activities related to collection, storage and banking of blood.
- The State policy requires upgrading blood banks/centers to include preventive services and education to control the spread of blood transfusion transmissible diseases.
Key definitions and terms
- “Blood/blood product” refers to human blood, processed or unprocessed, including blood components, its products and derivatives.
- “Blood bank/center” is a laboratory or institution capable 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.
- “Commercial blood bank” is a blood bank that exists for profit.
- “Hospital-based blood bank” is a blood bank located within a hospital’s premises that can perform compatibility testing of blood.
- “Blood collection unit” is an institution or facility duly authorized by the Department of Health to recruit and screen donors and collect blood.
- “Voluntary blood donor” is one who donates blood on one’s own volition or initiative and without monetary compensation.
- “Department” means the Department of Health.
- “Blood transfusion transmissible diseases” are diseases transmitted as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and Syphilis.
- “Secretary of Health” means the Secretary of Health or any other person to whom the Secretary delegates responsibility to carry out the Act.
- “Walking Blood Donor” is an individual included in the list of qualified voluntary blood donors referred to in Section 4(e) and who is ready to donate blood when needed in his/her community.
Promotion mechanisms and blood services network
- The Act requires nationwide promotion of voluntary blood donation through Public Education.
- Public education must be conducted through an organized and sustained nationwide campaign by the Department of Health, the Philippine National Red Cross (PNRC), and the Philippine Blood Coordinating Council (PBCC) as lead agencies, with participation by government agencies, local government units (particularly barangays), non-governmental organizations, medical organizations, public and private hospitals, health and health-related institutions, print and broadcast media, and other sectors.
- The Department is authorized to set aside funds and generate financial support for sectors involved in collection and processing of blood from voluntary blood donors through reimbursement of costs for patients who can afford to pay or through donations from government and private institutions.
- Voluntary donors must be provided non-monetary incentives as the Department determines.
- The Act requires Promotion in Schools by including and emphasizing benefits and rationale of voluntary blood donation in health subjects at the elementary, high school, and college levels in both public and private schools.
- The Department of Education, Culture and Sports must require such inclusion in its non-formal education curricula.
- The Act encourages Professional Education by the Department, PBCC, and specified medical and nursing professional organizations, to conduct training on rational use of blood and blood products, including merits of voluntary blood donation.
- The Act establishes blood services coverage through Establishment of Blood Services Network, requiring blood centers strategically established in every province and city nationwide within a National Blood Transfusion Service Network spearheaded by the Department in coordination with PNRC.
- The Act requires the Secretary to set standards for the scientific and professional establishment and operation of blood banks/centers and collection units.
- The Act directs the Department to provide training programs and technical assistance so communities, schools, industrial and business sites, barangays, military camps, and LGUs can implement their own voluntary blood donation programs.
- The Act mandates Walking Blood Donors in areas with inadequate blood banking facilities by requiring all government hospitals, rural health units, health centers, and barangays in these areas to keep at all times a list of qualified voluntary blood donors with their specified blood typing.
National Voluntary Blood Services Program (NVBSP)
- The Department, in cooperation with PNRC and PBCC and other government agencies and non-governmental organizations, must plan and implement a National Voluntary Blood Services Program (NVBSP) to meet regional blood transfusion needs in an evolutionary manner.
- Government must provide funds for NVBSP through Department budgetary allocation.
- The Philippine Charity Sweepstakes Office (PCSO) must contribute with an initial amount of at least P25,000,000.
- The Philippine Amusement and Gaming Corporation (PAGCOR) must contribute with an initial amount of at least P25,000,000.
- The trust liability account of the Duty Free Shop (Duty Free Philippines) must contribute with an initial amount of at least P20,000,000.
- NVBSP may also receive contributions of other agencies such as civic organizations.
Upgrading services; non-profit operations
- Blood banks/centers must provide preventive health services including education and counselling on blood transfusion transmissible diseases.
- All government hospitals, including those devolved, must establish voluntary blood donation programs.
- Private hospitals are encouraged to establish voluntary blood donation programs.
- The Department, in consultation with the Philippine Society of Hematology and Blood Transfusion (PSHBT) and the Philippine Society of Pathologists (PSP), must establish guidelines for the rational use of blood and blood products.
- All blood banks/centers must operate on a non-profit basis.
- Blood banks/centers may collect service fees not greater than the maximum prescribed by the Department, limited to necessary expenses entailed in collecting and processing blood.
- Blood must be collected from healthy voluntary donors only.
Phase-out of commercial blood banks
- Commercial blood banks must be phased-out over two (2) years after the Act’s effectivity.
- The phase-out period is extendable to a maximum of two (2) additional years by the Secretary.
Licensing and regulation of blood services
- Establishing and operating a blood bank/center is unlawful unless the blood bank/center is registered and issued a license to operate by the Department.
- In emergencies, blood collection and transfusion under the responsibility of the attending physician are allowed in hospitals without such license under certain conditions prescribed by the Department.
- The Department must not grant or renew a license unless the blood bank/center complies with the standards prescribed by the Department.
- A blood bank/center must be under the management of a licensed and qualified physician duly authorized by the Department.
Duty-free importation for participating institutions
- Upon effectivity, equipment, blood bags and reagents used for screening/testing of donors, collection/processing, and storage must be imported tax-and duty-free by the PNRC, blood banks and hospitals participating actively in the National Voluntary Blood Services Program.
- Implementation of duty-free importation must be carried out under rules and regulations promulgated by the Department in consultation and coordination with the Department of Finance.
Implementing rules; fee ceilings
- The Secretary must implement the Act through rules and regulations within sixty (60) days from approval.
- Existing Revised Rules and Regulations Governing the Collection, Processing and Provision of Human Blood and the Establishment and Operation of Blood Banks remain in force unless amended or revised by the Secretary.
- The rules and regulations must 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.
Penalties and administrative sanctions
- Upon complaint by any person and after due notice and hearing, a blood bank/center that collects charges and fees greater than the Department’s maximum must have its license suspended or revoked by the Secretary.
- Any person responsible for collecting prohibited charges and fees is punishable by 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 establishes and operates a blood bank without securing a license to operate from the Department, or who fails to comply with the standards prescribed under Section 9, is punishable by 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.
- After due notice and hearing, the Secretary may impose administrative sanctions such as fines, suspension, or revocation of the license to operate a blood bank/center and may recommend suspension or revocation of the license to practice the profession when applicable.
- The head of the blood bank and necessary trained personnel under the head’s direct supervision found responsible for dispensing, transfusing, and failing to dispose within forty-eight (48) hours blood proven contaminated with blood transfusion transmissible diseases are punishable by imprisonment of ten (10) years, without prejudice to filing criminal charges under the Revised Penal Code.
Separability, repeals, and supersession
- Separability: If any provision is declared invalid, the remaining provisions not affected remain in force.
- The Act supersedes Republic Act No. 1517, entitled “Blood Bank Act.”
- Laws, executive orders, presidential decrees, or other issuances inconsistent with the Act are repealed or modified accordingly.