Title
Regulating Blood Trafficking and Banking
Law
Letter Of Instruction No. 42
Decision Date
Nov 28, 1972
A 1972 Philippine law prohibits unauthorized blood extractions and transfusions, authorizing licensed blood banks and the Red Cross to perform these procedures, while also banning the exportation of human blood and its products.
A

Authority to Close and Prosecute Non-Compliant Establishments and Individuals

  • The Secretary of Health and Secretary of Justice (via the NBI) were ordered to close, suspend, or stop operations of establishments violating Republic Act No. 1517 and implementing rules.
  • Prosecution was mandated for all parties involved, including unauthorized persons engaged in selling, soliciting, recruiting donors, or conducting blood extraction and transfusion without adherence to standards.

Exclusive Authorization for Blood Extraction and Issuance

  • Human blood extraction and issuance were limited exclusively to the Philippine National Red Cross and its chapters, and to licensed government and private blood banks.
  • Hospitals without blood banks were required to refer donors to licensed and properly equipped facilities such as Red Cross chapters, Department of Health laboratories, or nearest authorized hospitals or clinics.

Blood Banking Services as Public Health Functions, Not Profit-Oriented

  • Blood banks were emphasized as public health service entities, not for profit.
  • The sale of human blood through public bidding was prohibited.
  • Procuring agencies must obtain blood only from licensed blood banks at prices set appropriately for the service.

Ban on Exportation of Human Blood and Derivatives

  • The presidential ban on the exportation of human blood, its products, and derivatives remained fully effective and in force.

Mandate to Formulate Rules and Ensure Implementation

  • The recipients of the Letter of Instruction were directed to devise further measures and issue rules and regulations for successful implementation of these directives.

Overall Legal and Public Health Objective

  • The ultimate aim was to curtail unsafe and unethical practices regarding human blood extraction and transfusion.
  • Ensuring public safety by enforcing relevant laws and regulations on blood banking and transfusion services.
  • Protecting poor countrymen from exploitation and health risks associated with unauthorized blood trade.

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