Law Summary

I. Rationale

• The increasing incidence of end-stage renal disease (ESRD) in the Philippines necessitates more organ donors for kidney transplants.
• Approximately 10,000 to 12,500 Filipinos develop ESRD annually, with only 10% successfully transplanted due to organ shortages and costs.
• The shift towards living non-related organ donation (LNRD) is evident, as 68% of living donor transplants come from LNRDs.
• The Department of Health (DOH) recognizes the need for regulations to prevent abuse and unethical practices in organ donation.

II. Coverage

• This Order applies to: • Kidney donors and recipients. • Health professionals involved in transplantation. • DOH agencies and health-related facilities. • Organizations supporting transplantation and donation programs.

III. Definition of Terms

• Living Related Donors (LRDs): Related by blood up to the fourth degree.
• Living Non-Related Donors (LNRDs): Not related by blood but willing to donate. • Voluntary Donors: Close emotional ties with the recipient. • Commercial Donors: Offer kidneys for sale, often through brokers.
• Directed Donor: Donates to a specific recipient.
• Non-Directed Donor: Donates to any patient on the waiting list.

IV. Guiding Principles

• The Philippine Organ Donation and Transplantation Program (PODTP) is governed by principles of: • Equity: Fair allocation based on medical needs. • Justice: Objective criteria for organ allocation. • Benevolence: Only voluntary donations are acceptable. • Non-maleficence: Ensure no harm to donors or recipients. • Solidarity: Collective responsibility for health safety. • Altruism and Volunteerism: Donations must be selfless and voluntary.

V. General Policy Statements

• Key policies include: • Filipino recipients prioritized regardless of payment ability. • Strict prohibition of payment for kidney donations. • Transplantation not considered medical tourism. • All kidney donations must comply with regulations. • Non-compliance may result in sanctions against facilities or professionals involved.

VI. Operational Structures

• Philippine Board for Organ Donation and Transplantation (PBODT): • Reviews and approves transplantation policies. • Composed of health officials and representatives from professional societies.

• Philippine Network for Organ Donation and Transplantation (PhilNETDAT): • Implements and monitors compliance with organ donation policies.

• National Transplant Ethics Committee (NTEC): • Develops ethical standards for organ donation.

VII. Funding Support

• An annual budget of ₱20 million allocated by the national government starting in 2008 to support the organ donation and transplantation program.

VIII. Monitoring and Evaluation

• PhilNETDAT will lead monitoring efforts, reporting compliance and recommending improvements to the PBODT.
• Collaboration with independent bodies for effective oversight.

IX. Violations and Sanctions

• Non-compliance can lead to: • Suspension or revocation of licenses for facilities. • Sanctions for professionals involved in violations. • Potential civil or criminal proceedings.

X. Transitory Provision

• While establishing PhilNETDAT, existing foundations will manage donor gratifications and preliminary guidelines.

XI. Repealing Clause

• Any conflicting provisions or issuances will be repealed.

XII. Separability Clause

• If any part of this Order is invalidated, other provisions remain effective.

XIII. Effectivity

• The Order takes effect 15 days after publication in the official gazette.

Key Takeaways

• This Administrative Order aims to regulate and promote ethical practices in living non-related organ donation and transplantation in the Philippines.
• It establishes a structured framework involving various bodies to ensure compliance and oversight.
• The focus is on safeguarding donors and recipients while preventing exploitation in organ donation.