Republic Act No. 1517
Republic Act No. 1517
Republic Act No. 1517
1517
An Act Regulating the Collection,
Processing and Sale of Human Blood,
and the Establishment and Operation
of Blood Banks and Blood Processing
Laboratories
Blood Bank Act
Repealed by Republic Act No. 7719
Section 1. In order to promote public health, it is declared a
national policy to prevent trafficking in human blood and its
products and derivatives.
SEC. 15. Effectivity Clause. – This Act shall take effect after
fifteen (15) days following its publication in the Official Gazette
or in two (2) national newspapers of general circulation.
Approved:
• Sgd.) JOSE C. DE VENECIA, JR.
Speaker of the House
of Representatives
• (Sgd.) EDGARDO J. ANGARA
President of the Senate
• This Act which is a consolidation of Senate Bill No. 1011 and
House Bill No. 879 was finally passed by the Senate and the
House of Representatives on April 28, 1994.
• Sgd.) CAMILO L. SABIO
Secretary General
House of Representatives
• (Sgd.) EDGARDO E. TUMANGAN
Secretary of the Senate
• Approved: MAY 5, 1994
• (Sgd.) FIDEL V. RAMOS
President of the Philippines
ADMINISTRATIVE ORDER
No. 36 series 1994
(August 12, 1994)
RULES AND REGULATIONS IMPLEMENTING REPUBLIC
ACT NO. 7719 OTHERWISE KNOWN AS THE “NATIONAL
BLOOD SERVICES ACT OF 1994”
• Chapter I
• TITLE AND APPLICATION
Section 1 (TITLE)
Section 3 (SCOPE)
• These rules shall apply to all hospitals, entities, establishments
or institutions, government owned and operated or private,
engaged in blood transfusion services in the Philippines,
whether full time or part time, local or foreign.
Section 4 (DEFINITION OF TERMS)
• As used in these Rules and Regulations, the terms below shall be
defined as follows:
1. ACT – Republic Act 7719 otherwise known as the “National Blood
Services Act of 1994”, unless herein specified;
2. DEPARTMENT – the Department of Health;
3. SECRETARY OF HEALTH – the Secretary of Health or any other
person to whom the Secretary delegates the responsibility of carrying out
the provision of this Act;
4. BLOOD/ BLOOD PRODUCT – refers to human blood, processed or
unprocessed and includes blood components, its products and derivatives;
5. BLOOD TRANSFUSION SERVICES – a set of activities and
functions related to blood transfusion such as, but not limited to,
motivation and recruitment of donors, blood collection, testing and
screening of donor blood, preparation of blood components, storage and
distribution of blood and components, inventory control and quality
assurance;
6. BLOOD BANK/CENTER – a laboratory or institution with the
capability to recruit and screen blood donors, collect, process, store,
transport and issue blood for transfusion and provide information and/or
education on blood transmissible diseases;
7. NATIONAL BLOOD CENTER – refers to the central institution of the
National Voluntary Blood Services Program and serves as a base for
development of a network of regional blood centers, also sets as the regional
blood center for the region in which it is situated;
8. REGIONAL BLOOD CENTER – refers to the laboratory or an
institution with the responsibility of ensuring a safe, stable and cost –
effective supply of blood and blood products to fulfill the needs of patients
in the region; it serves as a base for the development of a network of blood
banks in the region;
9. HOSPITAL–BASED BLOOD BANK/CENTER – a blood bank/center
which is located and performing blood bank services within the premises of
a hospital and which can perform compatibility testing of blood;
10. NON–HOSPITAL BASED BLOOD BANK/CENTER – a blood
bank/center which is not located and not performing blood bank services
within the premises of a hospital and is not part of a hospital;
11. COMMERCIAL BLOOD BANK – a blood bank that exists for
profit, money or any material gain earned out of sale of, or exchange for,
blood or blood products which profit, money or any material gain are not
used solely for the operation and maintenance of the blood bank service;
12. BLOOD COLLECTION UNIT – an institution or facility duly
authorized by the Department of Health to recruit and screen donors and
collect blood;
13. BLOOD STATION – a government or private hospital or a
Philippine National Red Cross chapter which has not been licensed as a
blood center but has been authorized by the Department to store and
issue blood and blood products, and perform compatibility testing, when
necessary, according to specific regulations in Section 40 hereby;
14. BLOOD SERVICE FACILITY – any unit, office, institution
providing any of the blood transfusion services, which can be a Blood
Bank/Center, a Blood Collection Unit or a Blood Station;
15. VOLUNTARY BLOOD DONOR – an individual who donates
blood on one’s own volition or initiative and not induced, directly or
indirectly, in any manner whatsoever, by any monetary compensation;
16. WALKING BLOOD DONOR – an individual who has been
screened by history and physical examination, found to be fit to
donate blood, and included in the list of qualified voluntary
donors referred to in Section 4, paragraph (e) of R.A. No. 7719,
who is ready to donate blood when needed in his or her
community;
17. BLOOD TRANSFUSION TRANSMISSIBLE DISEASES
– diseases which may be transmitted through blood transfusion,
including, but not limited to, Acquired Immune Deficiency
Syndrome (AIDS), Hepatitis B, Hepatitis C, malaria and syphilis;
• Chapter II
• NATIONAL VOLUNTARY BLOOD SERVICES
PROGRAM
1. Composition
A National Voluntary Blood Services Program Committee is
hereby created and shall be chaired by the Secretary of Health. It
shall be composed of, but not limited to, the Heads of the
following Offices and associations.
The Secretary of Health may designate such other members from
other societies and cooperating or donor agencies as may be
necessary to the operations of the Committee.
Heads of the following Offices and associations:
• Department of Education, Culture and Sports
• Department of Interior and Local Government
• Department of Finance
• Department of Social Welfare and Development
• Professional Regulation Commission
• Philippine National Red Cross
• Philippine Blood Coordinating Council
• Philippine Society of Hematology and Blood Transfusion
• Philippine Society of Pathologists
• Philippine Medical Association
• Philippine Hospital Association
• Philippine Association of Medical Technologists, and
2. The National Voluntary Blood Services Program Committee shall
be responsible for the following:
1. Composition
The National Advocacy and Promotion sub–committee shall be composed of representatives
of the
Department of Health, the
Department of Education, Culture and Sports
Department of Social Welfare and Development
Philippine National Red Cross
Philippine Blood Coordinating Council
Philippine Information Agency,
Kapisanan ng mga Brodkaster sa Pilipinas
National Press Club
The National Voluntary Blood Services Committee may designate such other members from
similar organizations whose activities are related to advocacy and promotion of voluntary
blood donation as may be deemed necessary to the functions of the sub–committee.
2. Functions
The National Advocacy and Promotion sub–committee shall be
responsible for the following:
1. Composition
The National Voluntary Blood Services Program sub–committee
on Curriculum Development shall be chaired by the Secretary of
Education and shall be composed of members including, but not
limited to, the representatives.
The National Voluntary Blood Service Committee may designate
such other members from similar organizations whose activities
are related to curriculum development of voluntary blood
donation as may be deemed necessary to the operations of the
sub–committee.
• Representatives:
Department of Health
Philippine Society of Hematology and Blood Transfusion
Philippine Society of Pathologists
Philippine Association of Medical Technologists
Philippine Association of Schools of Medical Technology
and Public Health
Philippine Nursing Association
Association of Philippine Medical Colleges
Philippine Medical Association
Philippine National Red Cross
2. Functions
• A. Preparation of the syllabus, course content and training module on the
subject of voluntary blood donation which shall be incorporated in the health
subjects of all schools, public or private, and in all levels of education, formal
and informal.
• B. Operationalization of the policy “to promote and encourage voluntary blood
donation by the citizenry and to instill public consciousness of the principle that
blood donation is a humanitarian act” in all school curricula.
• C. Continuous and sustained upgrading of the curriculum training module.
• D. Provision of training programs and technical assistance to enable
communities, schools, industrial and business sites, barangays and military
camps and local government units to implement their own voluntary blood
donation programs.
• E. Orientation and/or training of teachers on the utilization of such materials
and methods;
• F. Monitoring of the use and effectiveness of such material and methods in
terms of process and product and continuing revision of such as necessary.
• G. Preparing and submission of the National Voluntary Blood Services Unit of
the annual budgetary requirements for the promotion of voluntary blood
services in the schools.
3. Training Programs and Technical Assistance
1. Composition
The National Voluntary Blood Services Program Sub–committee on Professional Education
shall be composed of representatives of the:
• The National Voluntary Blood Services Committee may designate such other members
from similar organizations whose activities are related to professional education and
rational use of blood and blood products as may be deemed necessary to the operations of
the sub–committee.
2. Functions
• A. Encouragement of all medical and other health professional
association and societies to conduct training and seminars on
the rational use of blood and blood products including the
benefits of voluntary blood donation for their respective
members as part of the continuing professional education.
• B. Making compulsory the conduct of continuing professional
education on the rational use of blood and merits of voluntary
blood donation for the hospital medical and paramedical staff.
• C. Inclusion of the rational use of blood and the merits of the
voluntary blood donation in the residency training program of
the different medical subspecialties.
3. Hospital Blood Transfusion Committee
To assist the National Voluntary Services Program sub–committee in ensuring the
rational use of blood and blood products and the promotion of the merits of
voluntary blood donation, the Department shall require the establishment of a
Hospital Blood Transfusion Committee as a prerequisite for licensure of
teaching/training hospitals.
The Hospital Blood Transfusion Committee shall be composed of, but not limited
to:
· Physicians from the Department of Pediatrics, Medicine, Surgery,
Obstetrics and Gynecology and Pathology
· Hematology Consultant
· Representative from the Nursing service
· Hospital Medical Training Officer
· Blood Service Quality Assurance Officer
The Hospital Blood Transfusion Committee shall be primarily responsible for the
establishment of hospital policies and guidelines for blood transfusion therapy and
monitoring and audit of the use of blood and blood products within the facility
according to the Standard Operating Manual on Blood Services of the BRL.
• Chapter IV
• BLOOD SERVICES NETWORK AND BLOOD DONOR
RECRUITMENT
1. Composition
The Department shall assist the PNRC in mobilizing resources and in the
upgrading their facilities or chapter by facilitating linkages with private
or government hospitals with laboratory facilities and trained personnel.
Section 21 (PREVENTIVE SERVICES)
All blood service facilities shall provide preventive health services such
as education and pre– and post–donation counseling on blood
transfusion transmissible diseases in line with the guidelines and
standards of the National Voluntary Blood Services Unit.
Section 22 (HOSPITAL BUDGET FOR BLOOD)
• 1. INITIAL APPLICATION
Any person, agency, or corporation desiring to operate a Blood
Bank/Center shall submit to the BRL a duly–accomplished and
notarized BRL Blood Services Form No. 1 (Application for New
Blood Center License) together with the following supporting
documents:
• a. Certified true copy of Securities and Exchange Commission
registration (if a corporation or a foundation);
• b. Names and qualifications of proposed staff, including certified
true copies of PRC certificate of registration and professional
license; PSP or PSHBT certification; results of proficiency tests,
and other certificates of training, as appropriate and applicable;
• c. Floor diagram of proposed premises;
• d. List of equipment for blood services;
• e. Certified true copy of hospital license for preceding
year (hospital–based only);
• f. Biosafety and Quality Control arrangements and
procedures.
• g. List of Blood Stations (Names of medical technologists
in–charge and complete addresses);
• h. List of Blood Collection Units (Names of head,
qualifications and complete addresses);
• i. Names and tasks of the members of the BTC (hospital–
based only);
2. APPLICATION FOR RENEWAL OF LICENSE
Any person, agency, or corporation desiring to renew its license to operate a Blood
Bank/Center shall submit to the BRL or the Regional Health Director, as
appropriate, a duly–accomplished and notarized BRL Blood Services Form No. 2
(Application for Renewal of Blood Center License) together with the following
supporting documents:
• a. Names, qualification and proofs of qualifications of new staff and any staff
changes (e.g. resignations, additional trainings or qualifications for existing
staff);
• b. Changes (improvements or deterioration) in existing physical facilities and
functioning of facilities and equipment;
• c. Newly acquired equipment and facilities;
• d. Annual Report on Blood Services for the previous year (BRL Blood Services
Form No. 3);
• e. Names and addresses of regular blood donors who donate at least twice a year;
• f. Any changes in the list of authorized Blood Collection Units and Blood
Stations (deletions or additions only);
• g. Any other changes in blood banking operations and services;
3. INSPECTION
• a. Each Blood Bank/Center shall be visited by an authorized BRL
inspector at least once before initial licensing and once a year for the
renewal of license. Those who failed to apply for renewal of license
within the prescribed period shall also be visited within the year to
confirm that blood operations have been ceased.
• b. Only inspector who have satisfactorily completed the BRL Course
for Blood Bank/Center Inspectors are qualified to inspect Blood
Banks/Center and other blood service facilities. A blood bank inspector
shall be entitled to basic per diem expenses and two hundred pesos
(P200) honorarium for Blood Service Facility inspected.
• c. For applicants desiring to open a Blood Bank/Center (i.e. new
license), inspection shall be done only if applicants have fulfilled all the
basic written requirements.
• d. Inspection of licensed blood bank/center shall be done while its
activities are going on and shall be unannounced. Each licensee shall
make available all records and documents as may be required by the
inspectors.
4. TIMETABLE FOR APPLICATION AND INSPECTION
• a. Applications for new license may be submitted any time.
• b. Applications for renewal of license should be submitted
within the two (2) months prior to the expiration date of the
current license. Blood Banks/Centers which fail to submit an
application for renewal within the prescribed two–month
period shall be considered as “Blood Banks/Centers operating
without a license” when their current license expires and shall
be subject to the penalties for such violation.
• c. Blood Banks/Centers which have submitted their application
for renewal of license within the prescribed two (2) months
period but have not yet been inspected shall be given six (6)
weeks extension grace period after expiration of their current
license. During the six (6) weeks extension period, their license
shall be considered valid.
5. RELEASE
• a. Licenses shall be released only to the heads of the Blood
Bank/Center or their officially designated representatives not
later than two (2) weeks after the completion of the inspection
visit.
• b. Applicants for new license who, upon inspection, did not meet
all of the prescribed standards shall receive a letter from the
Director of the BRL or the Regional Health Director stating the
requirements which the Blood Bank/Center failed to meet.
• c. Applicants for renewal of license who, upon inspection, did
not meet all of the prescribed standards shall receive, aside from
the letter stating their deficiencies, an order signed by the BRL
Director or respective Regional Health Director, to cease blood
banking operations immediately. These blood centers shall also
be revisited within one month after release of the order to stop
operations for confirmation of compliance with the order.
Section 33 (TRANSITION PERIOD FOR CONFIRMATION
OF LICENSES)
• 1. The blood service facility can charge a minimal service fee for every
blood or blood product issued only to provide operational funds for the
Blood Banks/Centers, Blood Collection Units and Blood Stations. The
service fee shall cover all the expenses incurred in collecting and
processing the blood (donor recruitment, blood collection, blood screening
and component preparation, storing and transportation and allowance for
spoilage) including professional services rendered but shall not include the
costs of cross –matching and other special screening and compatibility
tests.
• 2. The BRL Director, in consultation with professional societies, shall issue
Bureau Orders on the maximum allowable service fees for blood services,
and shall be adjusted from time to time, whenever deemed reasonable,
specifying the basic requirements and special tests not covered by the
service fee.
Section 36 (AUTHORIZATION OF BLOOD COLLECTION
UNITS)
The Regional Health Directors, including the Regional Health
Director of the National Capital Region, shall authorize Blood
Collection Units (BCU) according to the following standards and
procedures:
• 1. A Blood Collection Unit upon recommendation of the
appropriate Blood Service Network should have at least three
(3) professional staff: two PRC–registered nurses, and one
PRC registered medical technologist. They should have had at
least 8 weeks training under an agency duly–recognized by the
BRL on voluntary donor recruitment and screening; voluntary
donor holding and motivation; health education and
counseling; blood collection, handling and transport; and
management of blood collection activities and problems.
• 2. A Blood Collection Unit shall have adequate and proper equipment and
supplies of good quality to be able to perform donor recruitment and
screening; health education and counseling; blood collection, handling and
transport; and management of any reactions according to the BRL
standards described in the SOP Manual on Blood Services (Section 38) as
well as accepted medical practice.
There shall be written and readily available contingency plan for all Blood
Collection Units in case of problems such as instrument or equipment
breakdown.
All Blood Collection Units shall have a regular schedule, and a written
record, of maintenance and service of all equipment and instruments used in
blood bank services.
The Regional Health Directors, including the Regional Health Director of the
National Capital Region, shall authorize Blood Stations according to the
following standards and procedures:
• 1. Blood Stations may be located only within hospital premises, government or
private; or within the premises of the Philippine National Red Cross chapters.
• 2. A Blood Station shall be under the responsibility of a PRC–registered
medical technologist with a valid certificate of registration and a valid
professional license.
• 3. A Blood Station shall have at least one properly functioning blood
refrigerator with twenty–four (24) hours power supply.
• 4. There shall be a written and readily available contingency plan for all Blood
Stations in case of problems such as instrument or equipment breakdown.
• 5. All Blood Stations shall have a regular schedule, and a written record of
maintenance and service of all equipment and instruments used in blood bank
services.
• 6. Blood shall be issued only to patients confined within the hospital
that houses the station or to hospitals within the area, unless called
for by emergency conditions as listed in Section 29 (6).
• 7. The authority to operate a Blood Station shall be renewed yearly,
signed by the Regional Health Director and issued to the agency that
operated the Blood Bank/Center that will distribute the blood bags to
the station, with a copy furnished to the chief of the hospital where
the Blood Station is located and the medical technologist–in–charge.
• 8. Each Blood Station shall be visited at least once a year by the head
of the Blood Bank/Center that distributes blood to the station or by a
duly designated Blood Bank/Center health staff. A record of such
visit shall be open for inspection by the BRL or its duly authorized
representative.
• 9. The authority to operate the Blood Station shall be revoked by the
Regional Health Director should blood storage, handling, issuance,
distribution or disposal to be found to be below the standards set by
the BRL in its Standard Operating Procedure Manual on Blood
Services (Section 38).
Section 39 (STANDARD OPERATING MANUAL)
Standards for donor recruitment and screening; for all laboratory and blood processing
tests and procedures; for handling and disposal of blood and other biosafety
procedures; for inventory and recording procedures; for networking, blood collection
and distribution; and all quality assurance/quality control measures shall follow
international guidelines promoted by the World Health Organization and the
International Society of Blood Transfusion. Such guidelines shall be adapted to the
Philippine situation through a Standard Operating Procedure Manual (SOP Manual) on
Blood Services which shall be developed, pretested and printed by the BRL within six
(6) months after the effectivity of these Implementing Rules and Regulations. The
Manual shall be formally signed and dated by the Director of the BRL. This manual
shall then be incorporated as an integral part of these Rules and Regulations.
Until the time when the update SOP manual is available, the procedures and standards
incorporated in A.O. 57 s. 1989 (Sections 10, 11, 12 & 13), B.O. No. 5 s. 1990
(Section 6), A.O. 122 s. 1992, Bureau Circulars No. 2 s. 1990, No. 2 s. 1991 and No.
4 s. 1994 of the BRL which are not in conflict with these Rules and Regulations shall
continue to be in effect.
Such a manual shall be reviewed and revised periodically. In its revisions, the previous
editions shall be collected back by the BRL and precautions taken to ensure that all
relevant key persons are informed of the changes and the effectivity of these changes.
Section 40 (QUALITY ASSURANCE OFFICER)
Section 46 (PENALTIES)
• 1. Upon complaint of any person and after due notice and hearing, any blood
bank/center which shall collect charges and fees greater than the maximum prescribed
by the Department shall have its license suspended or revoked by the Secretary.
• 2. The head of the Blood Bank/Center and the necessary trained personnel under the
head’s direct supervision found responsible for dispensing, transfusing and failing to
dispose within forty–eight (48) hours blood which have been proven contaminated
with blood transfusion transmissible diseases shall be imprisoned for ten (10) years.
This without prejudice to the filing of criminal charges under the Revised Penal Code.
• 3. Fine of five thousand (P5,000) for the head or owner of the Blood Bank/Center
which fails to submit the application for renewal of license to the BRL or its
designated office within two (2) months prior to the expiration the existing license.
• 4. Fine of three thousand pesos (P3,000) for the head of a Blood Collection Unit or
Blood Station which shall operate without securing authorization from the Department
or its designated offices;
• 5. Revocation or suspension of Blood Bank/Center license or Blood
Collection Unit or Blood Station authorization for:
• a. Misrepresentation of facts or falsification of documents or records
• b. Refusal of entry for inspection
• c. Refusal to make available its books, accounts and records of operations
• d. Failure to inform the BRL or its authorized representatives about
changes in Blood Bank/Center, Blood Collection Unit or Blood Station
location, facilities, services or operations;
• 6. Recommendation to revoke the certificate of registration or to suspend
said certificate to practice the profession and to invalidate the professional
license of any health professional involved in misrepresentation of facts or
falsification of documents or records especially medical, laboratory or
inspection results and certificates, or in violation of R.A. No. 7719 and the
herein Rules, by the Professional Regulation Commission upon
recommendation of the Secretary.
Section 48 (REPEALING CLAUSE)
These Rules and Regulations shall supersede all previous Administrative
and Bureau Orders and Circulars of the Department. The provision of any
Department or BRL order and circular or other issuances inconsistent with
these Rules and Regulations are hereby repealed or modified accordingly.
Section 49 (EFFECTIVITY CLAUSE)
These Rules and Regulations shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of
general circulation.
Approved on this twelfth day of August nineteen hundred and ninety
four (August 12, 1994)
JUAN M. FLAVIER, MD, MPH
SECRETARY OF HEALTH
ADMINISTRATIVE ORDER
No. 9 series 1995
(April 28, 1995)
ADMINISTRATIVE ORDER No. 9 series 1995
• Chapter III
• PROMOTION OF VOLUNTARY BLOOD
DONATION
2. Functions
- Subparagraphs a – f of A.O. no 36 was repealed and replaced
with:
• Chapter V
• UPGRADING OF SERVICES AND FACILITIES
1. One Blood Bank/Center shall be designed as the National Blood Center and
shall be developed to be able to perform more specialized function such as, but not
limited to:
a. Preparation of special plasma derivatives;
b. Performance of special confirmatory and reference blood tests;
c. Conduct of highly technical specialist on–the–job training courses;
d. Conduct of research and special studies
• Chapter VIII
• REGULATION OF BLOOD SERVICES
Section 26 (REGULATORY AUTHORITY)
- Same with A.O. no. 36 Section 27
Section 27 (CATEGORIES OF BLOOD SERVICE CAPABILITIES)
Blood service capabilities shall be classified into categories as follows:
A. BLOOD BANK/CENTER:
A Blood Bank/Center may either be hospital–based or non–hospital–based and
may be licensed as Category A or B when it meets the minimum required service
capabilities set forth hereunder:
1. A blood bank/center shall be considered non–hospital based category A when it
can and is performing the following:
• a. Recruitment of voluntary donors
• b. Health education and counseling
• c. Donor screening and selection
• d. Blood collection
• e. Basic blood processing and testing
• f. Provision of whole blood and packed RBC
• g. Issuance, transport and distribution of blood/blood products
• h. Storage of blood/blood products
• 2. Non–hospital Based Category B when, in addition to those
performed under the Non –hospital Based Category A, it is
capable of providing, in addition to whole blood, all blood
products and components.
• 3. Hospital–Based Category A when, in addition to those
performed under the Non– hospital Based Category A, it is
capable of performing compatibility–testing.
• 4. Hospital–Based Category B when, in addition to those
performed under the Hospital –based Category A, it is capable
of providing, in addition to whole blood, all blood products and
components; and of performing investigation of transfusion
reactions and resolution of incompatible cross–matching
results.
3. INSPECTION
• b. A productivity incentive pay of fifty pesos (P50) for every blood
bank/center inspected properly and thoroughly may be allowed subject to
the usual auditing and accounting procedures and to availability of funds of
the agency where the inspector comes from.
1. The blood service facility may collect a reasonable service fee for every blood or blood
product issued which shall not be greater than the maximum prescribed by the Department
of Health and implemented through an appropriate BRL Bureau Order issued by the
Director of the BRL. The maximum allowable service fee shall be adjusted from time to
time specifying the basic requirements and special tests not covered by the service fee.
2. The BRL shall determine the basic required donor and blood screening tests and
procedures through a thorough analysis and research information such as disease
prevalence studies and risk estimates, consultations with technical experts and careful
evaluation of the optimum benefits from the expected cost of these tests.
3. The maximum allowable service fee shall be calculated by the BRL based on a study of
the direct and indirect costs of running a standard blood bank with basic, minimum
staffing and facilities and corresponding maximum workload.
Direct costs shall include those expenses incurred in collecting and processing blood –
from donor recruitment, blood collection, blood screening, component preparation, storage
and distribution, with allowance for spoilage, and professional services. These shall not
include cost of cross–matching and other special screening and compatibility testing.
Indirect costs shall include reasonable expenses needed to maintain and upgrade services
such as salary of staff and repair of equipment.
4. The direct and indirect costs shall be estimated for every unit of blood collected,
processed and distributed.
Section 36 (AUTHORIZATION OF BLOOD COLLECTION UNITS)
The Regional Health Directors, including the Regional Health Director of the National
Capital Region, shall authorize Blood Collection Units (BCU) according to the following
standards and procedures:
• 1. A Blood Collection Unit shall have at least one PRC–registered physician and one PRC–
registered medical technologist, both with valid certificate of registration and valid
professional license. Both should have had at least one (1) month training on voluntary
donor recruitment and screening; voluntary donor holding and motivation; health
education and counseling; blood collection, handling and transport; and management of
blood collection activities and problems. Such training shall be done by an agency duly
recognized by the BRL.
• 2. A Blood Collection Unit shall have adequate and proper equipment and supplies of good
quality to be able to perform donor recruitment and screening; health education and
counseling; blood collection, handling and transport; and management of any reactions
according to the BRL standards described in the SOP Manual on Blood Services (Section
38).
There shall be written and readily available contingency plan for all Blood Collection Units
in case of problems such as instrument or equipment breakdown.
• 3. A Blood Collection Unit may be statistic or mobile. Physical arrangements for both
kinds during collection shall be comfortable, clean and adequate.
• 4. The Blood Collection Unit shall be clearly attached to a network of one
Blood Bank/center which has confirmed its recognition of the coordination and
cooperation arrangements with the BCU. Such confirmation may be contained
in an appropriate certificate.
• 5. The BCU shall submit its schedule of bleeding and target area of donor
recruitment that clearly follows geographical area agreements with other BCUs
within the catchment of the relevant Blood Bank/Center.
• 6. The BCU shall express agreement to submit the blood bags collected and the
list of donors to its attached Blood Bank/Center at the end of the collection day.
Authorization can be withdrawn if the BCU fails to execute this agreement.
• 7. Each BCU shall be visited at least once a year by the head of the Blood
Bank/Center it coordinates with or by a duly designated Blood Bank/Center
health staff.
• 8. Authorization as a BCU shall be renewed yearly, signed by the Regional
Health Director, and issue to the Head of the BCU.
• 9. The authority to operate the BCU shall be revoked by the Regional Health
Director should the procedures and services be found to be below the standards
set by the BRL in its Standard Operating Procedures Manual on Blood Services
(Section 38).
Section 37 – 43 of this act from section 38-44 remains the same.
Section 46 (INSPECTION)
Section 47 (PENALTIES)
1. Upon complaint of any person and after due notice and hearing, any blood
bank/center which shall collect charges and fees greater than the maximum
prescribed by the Department shall have its license suspended or revoked by the
Secretary.
Any person or persons who shall be responsible for the above violation shall suffer
the penalty of imprisonment of not less than one (1) month nor more than six (6)
months, or a fine of not less than Five thousand pesos (P5,000) nor more than Fifty
thousand pesos (P50,000), or both at the discretion of the competent court.
2. Any person who shall establish and operate a Blood Bank/Center without securing
a license to operate from the Department or who fails to comply with the standards
prescribed by the Department referred to in Section 9 of R.A. No. 7719, shall suffer
the penalty of imprisonment of not less than twelve (12) years and one (1) day nor
more than twenty (20) years of a fine of not less than Fifty thousand pesos (P50,000)
nor more than Five Hundred Thousand pesos (P500,000), or both at the discretion of
the competent court.
3. The head of the Blood Bank/Center and the necessary trained
personnel under the head’s direct supervision found responsible
for dispensing, transfusing and failing to dispose within forty–
eight (48) hours blood which have been proven contaminated
with blood transfusion transmissible diseases shall be imprisoned
for ten (10) years. This without prejudice to the filing of criminal
charges under the Revised Penal Code.
4. All importation accorded duty– and tax–free release pursuant
to this Order shall not be transferred or disposed of in any
manner whatsoever to any person or entity without prior
approval of the Department of Finance. The penalty provided for
under existing laws or any revenue laws shall be imposed in any
violation of the provision of this Order.
5. The Secretary or his duly–authorized representative, after due
notice and hearing, may also impose the following
administrative sanctions:
• a. Penalty of Five thousand pesos (P5,000) for the head or
owner of the Blood Bank/Center which fails to submit the
application for renewal of license to the BRL or its designated
offices within two (2) months prior to the expiration of the
existing license;
• b. Penalty of Three thousand pesos (P3,000) for the head of a
Blood Collection Unit or Blood Station which shall operate
without securing authorization from the Department or tis
designated offices;
• c. Revocation or suspension of Blood Bank/Center license or Blood
Collection Unit or Blood Station authorization for: