MAY 13, 2016

NR # 4199B

House bill amending human organ donation law

now under Senate consideration
A House proposal to amend the countrys Human Organ Donation and Transplantation Program
and provide penalties for its violation is already being considered by senators in the committee level.
House Bill 5538, or the proposed Organ Donation Act principally authored by Rep. Carol Jane
Lopez (Party-list, YACAP), has been taken into consideration by the Senate committees on health and
demography, and on finance when they approved its counterpart measure, Senate Bill 3221 last February
3, 2016 before the congressional adjournment.
In their committee report, the Senate committee on health and demography chaired by Sen.
Teofisto L. Guingona III, and committee on health chaired by Sen. Loren B. Legarda jointly endorsed the
approval of SB 3221, in substitution of SBs187, 666, 1058, 2840 and 3078, and taking into consideration
House Bill 5538 and Senate P.S.R. (Simple Resolution) 546.
Both HB 5538 and SB 3221 seek to further amend Republic Act 7170, otherwise known as the
Organ Donation Act of 1991, to strengthen the countrys Human Organ and Tissue Donation and
Transplantation Program and provide penalties for its violation.
Lopez said at the outset, RA 7170 authorizes the legacy or donation of all parts or part of a human
body after death for specified purposes.
The law recognizes that an individual has the option to become a hero, so to speak, via a will or
other document he or she executed or through the decision of his or her next of kin. Hence a mechanism
has been set up to legitimize the donation of organs to take effect after death, said Lopez.
Lopez, however, asked how about living organ donation since there is no law, to date, passed by
Congress addressing this concern.
True, there is Republic Act 9208, otherwise known as the Anti-Trafficking in Persons Act of
2003, which punishes the exploitative removal or sale of organ as an act of trafficking. It thus raises the
question: how about non-exploitative removal of organs? Thus, a law is necessary to determine precisely
when is removal of organ considered exploitative or when it may be considered as a valid act of
donation, said Lopez.
Lopez said her proposal, in the higher interest of public health, primarily ensures that the
availability of organs and tissues for donation, from living and willing donors, is carefully supervised and
regulated.
Supervision and regulation which include the grant of reasonable support to donors, to include
medical care, or educational, economic or livelihood projects, or other forms of assistance to promote the
well being of these donors, said Lopez.
House Bill 5538, approved by the House on third reading on March 15, 2015, and subsequently
transmitted to the Senate for concurrence, provides the Act covers all government and private hospitals,
health facilities, organ recovery organizations, medical and allied medical practitioners or professionals,
foundations and nongovernment organizations that are involved in organ and tissue transplantation in the
country.

The Act also covers organ donations for transplantation purposes from deceased and living
donors.
It establishes the Philippine Organ Donation and Transplantation Program that will provide the
overall direction and system of implementation of organ donation and transplantation in the country
through the Philippine Organ Donation and Transplantation Board under the Department of Health
(DOH).
It also establishes a Philippine Organ Donation and Transplantation Board to be composed of the
following members: Secretary of Health, as Chairperson; DOH Undersecretary for Policy and Standard
Development Team for Service Delivery, as Vice Chairperson; Chairperson of National Transplant Ethics
Committee or representative; President of the Philippine Health Insurance Corporation (PhilHealth) or
representative; Representative of government transplant facilities appointed by the Secretary of Health;
Representative of private transplant facilities appointed by the Secretary of Health; Representative of the
professional societies involved in transplantation, including the Philippine Society of Transplant Surgeon,
the Philippine Society of Nephrology, the Philippine Urology Association and the Transplant Society of
the Philippines designated by the societies on a rotational basis for a term of two years; Chairperson of
the Professional Regulation Commission or representative; Representative of inter-faith organizations;
and Representative of NGOs involved in health advocacy, preferably on human organ donation.
The Board shall exercise the following functions: Serve as the overall implementing body of the
organ donation and transplantation program in the country; Develop and implement policies on organ
donation and transplantation within the framework of Philippine laws; Review and approve programs in
support of a rational, ethical, accessible and equitable organ donation and transplantation program in the
country; Approve the issuance of the certificate of accreditation of transplant facilities; Monitor
compliance of transplant centers and organ recovery organizations with the policies prescribed by the
Board; and Perform other functions as may be ordered by the Secretary of Health related to the primary
functions of the Board.
The measure also establishes the Philippine Network for Organ Sharing (PhilNOS) under the
Board to oversee and facilitate donation and organ transplantation involving deceased and living donors
in the country, act as the central coordinating body to ensure that all organs from deceased and living
donors are allocated according to established criteria, and remote organ donation from a deceased or
living donor.
The Board, through its licensing and accreditation arm and the Bureau of Health Facilities and
Services, shall establish accreditation criteria to determine the DOH-licensed hospitals that should be
allowed to perform transplant operations.
The Board shall establish policies and guidelines to prevent organ trafficking and to ensure the
safety of living donors and their eventual recipients in accordance with the provisions of the Act.
The Secretary of Health shall formulate guidelines to ensure that an organ recovery organization
(ORO) is designated for each region and major hospitals in the country as well as in areas where
transplant activity is concentrated.
All hospitals and medical institutions shall create an Ethics Committee to improve healthcare
delivery and outcomes by helping to identify, analyze, and resolve ethical dilemmas as they emerge
predominantly through consultation, education, and policy development. (30) rbb