Law Summary
Coverage
- Applies to kidney and other organ donors and recipients.
- Includes all health and health-related professionals involved in transplantation and donation.
- Covers all DOH offices, bureaus, and attached agencies.
- Encompasses all health facilities like hospitals and laboratories.
- Includes government and non-government organizations supporting transplantation.
Definition of Terms
- Living Related Donors (LRDs): related to recipient within fourth-degree consanguinity.
- Living Non-Related Donors (LNRDs): not related by blood; include voluntary donors (with close emotional ties) and commercial donors (vendors).
- Directed donors: donors who specify the recipient.
- Non-directed donors: donors who give to any matching recipient.
- Board: refers to Philippine Board for Organ Donation and Transplantation (PBODT).
Guiding Principles
- Equity: organs belong to community, allocated fairly based on medical need and success probability.
- Justice: allocation criteria objective and independent of personal characteristics.
- Benevolence: only voluntary donations with full consent allowed; no trade.
- Non-maleficence: no harm to donor or recipient.
- Solidarity: shared objective of safeguarding donor and recipient health.
- Altruism: donation motivated by selflessness.
- Volunteerism: donation based on competence, willingness, freedom from coercion, suitability, full information.
General Policy Statements
- Compliance with WHO, Istanbul Declaration, RA 9208.
- Safety and transparency prioritized.
- Payment for organ donation and commercial trading prohibited.
- Kidney transplantation not for medical tourism.
- Foreigners cannot receive organs from Filipino LNRDs.
- Directed LNRDs allowed only if voluntary and altruistic; non-directed LNRDs prohibited.
- Institutions must maintain quality standards; monitored by DOH and PHIC.
- Professional societies must ensure compliance and accreditation.
- Export or transport of organs abroad prohibited.
- Creation of PBODT as oversight body.
- PODTP serves as implementing body; PHILNOS for deceased donor organ allocation.
Operational Structures
- PBODT: approves policies, accredits facilities; composed of key health officials and representatives.
- PODTP: implements system, monitors facilities.
- NTEC: sets ethical standards, resolves issues.
- PHILNOS: coordinates deceased donor organ allocation and maintains registries.
- BHFS: inspects, accredits, sanctions facilities.
- PHIC: accredits, sanctions, and participates in monitoring.
- Hospital Ethics Committee: monitors ethics issues, recommends sanctions.
- Hospital Transplant Coordinating Office: maintains registries, reports to PHILNOS.
- Kidney Donor Monitoring Unit: monitors donor health post-donation.
- Transplant Facilities: must be licensed, accredited, and organize required committees.
Funding Support
- National government allocates Php 20 million annually starting 2010.
- Funds may be supplemented from other sources.
Monitoring and Evaluation
- PODTP leads compliance monitoring.
- Regular reporting to PBODT.
- Engagement of independent bodies for monitoring.
- Continuously develops programs for world-class renal care.
Violations and Sanctions
- Non-compliance may lead to suspension/revocation of licenses.
- Professionals may face sanctions from DOH, PRC, and professional societies.
- Civil or criminal charges may be filed when warranted.
Repealing Clause
- Repeals or modifies previous inconsistent orders including Administrative Order No. 2008-0004.
Separability Clause
- Invalid provisions do not affect the remaining valid provisions.
Effectivity
- Order effective 15 days after publication in a newspaper of general circulation.