Law Summary
Coverage
- Applies to kidney donors and recipients.
- Health and health-related professionals involved in transplantation.
- DOH offices, bureaus, attached agencies, and field offices.
- All health facilities including hospitals and laboratories.
- Government and non-government organizations promoting transplantation.
Definition of Terms
- Living Related Donors (LRDs): blood relatives within fourth-degree consanguinity.
- Living Non-Related Donors (LNRDs): non-blood related donors classified as:
- Voluntary Donors (e.g., spouses, relatives by affinity).
- Commercial Donors (kidney vendors engaging brokers, with payment as precondition).
- Directed Kidney Organ Donor: donor with a specific recipient in mind.
- Non-Directed Kidney Organ Donor: donor donating to any compatible recipient.
- Board: Philippine Board for Organ Donation and Transplantation (PBODT).
- Network: Philippine Network for Organ Donation and Transplantation (PhilNETDAT).
Guiding Principles
- Equity: fair allocation based on medical need and success probability.
- Justice: impartial allocation regardless of gender, race, socio-economic status.
- Benevolence: voluntary donations with informed consent; no trade in kidneys.
- Non-maleficence: prevent harm to donor or recipient.
- Solidarity: stakeholders share objective to protect donor and recipient health.
- Altruism: donation motivated by selflessness and philanthropy.
- Volunteerism: donation must be competent, willing, free from coercion, medically suitable and informed.
General Policy Statements
- Filipino recipients prioritized, ability to pay not a barrier.
- Safety of donor and recipient is paramount with transparent risk communication.
- Prohibition on payment for kidneys and kidney trading.
- Kidney transplantation not considered medical tourism.
- Health professionals and facilities must prevent kidney trade.
- Directed/non-directed LNRDs allowed only if voluntary per definitions.
- National guidelines on foreign patients to be developed and approved.
- Quality standards enforced via DOH and PHIC through licensing and accreditation.
- Professional societies must ensure member compliance.
- Kidneys shall not be exported abroad.
- Foundations handling donors must affiliate with PhilNETDAT.
- Creation of PBODT and PhilNETDAT as governing and implementing bodies.
Operational Structures
- PBODT: reviews policies, approves transplant facility accreditation; composed of Health Secretary (Chair), various health officials, professional society reps, and others.
- PhilNETDAT: implements organ donation system, accredits and monitors facilities; includes representatives from professional bodies and government.
- National Transplant Ethics Committee (NTEC): develops ethical guidelines and assists in ethical monitoring.
- National Human Organ Preservation Effort (NHOPE): central registry and allocation authority.
- Bureau of Health Facilities and Services (BHFS): inspects and accredits transplant facilities, enforces sanctions.
- PHIC: accredits health facilities and professionals, enforces sanctions.
- Hospital Ethics Committee (HEC): ensures ethical compliance at hospital level.
- Human Organ Preservation Effort (HOPE): manages donor organ allocation.
- Kidney Donor Monitoring Unit (KDMU): monitors donor health post-donation.
- Transplant Facilities: comply with regulations, develop programs to improve transplantation service.
Funding Support
- National government allocates P20 million annually for program operations.
- Other funding sources may be tapped.
Monitoring and Evaluation
- PhilNETDAT leads monitoring and reporting to PBODT.
- Incorporates independent bodies and civil society in evaluation.
- Supports continuous quality improvement.
Violations and Sanctions
- Non-compliance may result in suspension or revocation of hospital or facility licenses.
- Professional violations referred to appropriate regulatory bodies and may face civil or criminal proceedings.
Transitory Provisions
- Until PhilNETDAT is organized, existing foundations may manage donor gratuities and guidelines per PBODT approval.
- Screening process for foundation selection to ensure compliance.
- Operational guidelines to ensure smooth implementation.
Repealing Clause
- Repeals inconsistent existing provisions or issuances.
Separability Clause
- Invalid provisions do not affect validity of remaining provisions.
Effectivity
- The order takes effect 15 days post-publication.
- Remains effective until national legislation on LNRDs is passed.