(M) L3.1: RA 7170 - Organ Donation Act of 1991 Flashcards
RA 7170 was approved on what date?
January 7, 1992
When did RA 7170 take effect?
15 days after publication
What is the full title of RA 7170?
An Act Authorizing the Legacy or Donation of All or Part of the Human Body After Death for Specified Purposes
Definition of Terms:
A facility that is licensed, accredited, or approved under the law for storage of human bodies or parts thereof
Organ Bank Storage Facility
Definition of Terms:
A deceased individual including still-born infants/fetuses
Decedent
Definition of Terms:
An individual who makes a legacy of all or parts of their body
Testator
Definition of Terms:
An individual authorized under this act to donate all or part of the body of a decedent
Donor
Definition of Terms:
A facility that is licensed, accredited, or approved under the law including those operated by the government
Hospital
Definition of Terms:
Includes transplantable organs, tissues, eyes, bones, arteries, blood, and other fluids and portions of the human body
Part
Definition of Terms:
An individual, corporation, estate, trust, partnership, association, the Government or any of its subdivisions, agencies or instrumentalities, including government-owned/controlled corporations, or any other legal entity
Person
Definition of Terms:
A person licensed or authorized to practice medicine under the laws of the Republic of the Philippines
Physician/Surgeon
Definition of Terms:
People enumerated in SECTION 4(A) of this act
Immediate Family of the Decedent
Definition of Terms:
The irreversible cessation of circulatory, respiratory, and/or neurological functions (including the brain stem)
Death
A person shall be medically and legally dead if in the opinion of _________, based on acceptable standards of medical practice, there is an absence of natural respiratory and cardiac functions and attempts at resuscitation would not be successful
Attending physician
A person shall be medically and legally dead if in the opinion of the attending physician, based on acceptable standards of medical practice, there is an absence of what natural functions?
Respiratory and Cardiac
A person shall be medically and legally dead if in the opinion of the attending physician, based on acceptable standards of medical practice, there is an absence of natural respiratory and cardiac functions and attempts at _________ would not be successful
Resuscitation
In accordance with the opinion of the attending physician, death shall be deemed to have occurred at the same time as what?
Natural respiratory and cardiac functions ceased
Whose opinion is based on the absence of natural respiratory and cardiac functions?
ATTENDING physician
A person shall be medically and legally dead if in the opinion of _________, concurred by the other physician, there is an irreversible cessation of all brain functions and where resuscitation or continued supportive maintenance would not be successful
Consulting Physician
A person shall be medically and legally dead if in the opinion of the consulting physician, concurred by the other physician, there is an irreversible cessation of all ______ functions and where resuscitation or continued supportive maintenance would not be successful
Brain
A person shall be medically and legally dead if in the opinion of the consulting physician, concurred by the other physician, there is an irreversible cessation of all brain functions and where resuscitation or __________________ would not be successful
Continued Supportive Maintenance
Whose opinion is based on the irreversible cessation of all brain functions?
Consulting Physician
In accordance with the opinion of the consulting physician, death shall be deemed to have occurred at the time of?
When the conditions first appeared (cessation of brain function)
Determining the death of an individual shall be diagnosed by how many physicians?
2
Determining the death of an individual shall be diagnosed by 2 physicians who are?
The Attending and Consulting Physicians
The patient’s death shall be recorded where?
In their medical record
A person must be at least how many years of age in order to file and execute a legacy to donate?
18 years old
What are the ff. conditions for a person to donate/execute a legacy?
1.) any individual
2.) must be at least 18 years of age
3.) of sound mind
T or F: A loved one may execute a donation of organs even with contrary intentions by the decedent
False (cannot; if patient does not consent, it cannot proceed)
T or F: A loved one may not execute a donation of organs if there is a notice of opposition from an immediate family member of the decedent
True (if family members do not consent, it cannot proceed)
Give the order of priority for the people who can execute a donation of organs from the decedent
- Spouse
- Son/daughter of legal age
- Either parents
- Brother/sister of legal age
- Guardian at the time of death
T or F: Children of minor age of the decedent can file and execute a donation
False (children must be of legal age)
T or F: Siblings of minor age of the decedent can file and execute a donation
False (siblings must be of legal age)
The people authorized to file/execute a donation shall make the donation when?
After or immediately before death
“Who can file and execute a legacy to donate?” is under what section?
Section 3
“People who may execute a donation of organs” is under what section?
Section 4
What is the difference between those who can execute a legacy to donate and those who can execute a donation?
Legacy to donate: The supposed decedent themselves
Execute a Donation: The immediate family members/loved ones of the decedent
What RA amended RA 7170?
RA 7885
What is the full title of RA 7885?
An Act to Advance Corneal Transplantation in the Philippines, Amending for the Purpose RA 7170 Otherwise Known as the Organ Donation Act of 1991
When did RA 7885 become effective?
February 20, 1995
RA 7885 became effective with respect to what 2 sections?
9 and 10
RA 7885 with respect to Sections 9 and 10 indicates what?
Provides for the persons who may execute the donation and legacy in the ABSENCE of those persons stated above (in Section 4)
According to RA 7885, corneal transplantation shall be authorized by the physician in charge, head of the hospital, or a designated hospital officer who has custody of the body in the absence of any persons specified under what section of RA 7170?
Section 4 (People who may EXECUTE a donation)
According to RA 7885, corneal transplantations shall be authorized by who in the absence of any persons specified under section 4 of RA 7170?
Clue: 3 possible people
- Physician in charge
- Head of the hospital
- Designated hospital officer who has custody of the body of the deceased classified as accident, trauma, or other medico-legal cases
According to RA 7885, corneal transplantations shall be authorized by the designated hospital officers who have custody of the body if it is classified as what?
Clue: 3 answers
- Accident
- Trauma
- Other medico-legal cases
T or F: According to RA 7885, corneal transplantations/donations shall be executed by:
1. Physician in charge
2. Head of the hospital
3. Designated hospital officer
False (AUTHORIZED not executed)
Rationale: 1 can possibly execute the procedure but 2 and 3 are not medically trained to do so, plus it says AUTHORIZED in the manual
Where can people authorize the removal of the cornea for the purpose of transplantation to a living person?
A public document
The physician in charge, head of the hospital, or designated hospital officer should have exerted reasonable efforts to locate the nearest relative/guardian (listed in Section 4) of the deceased within how many hours at the time of death before they proceed with the corneal transplant?
48 hours (2 days)
The authority to remove the corneas of the decedent shall be within how many hours after death and upon the request of who?
12 hours upon the request of qualified legatees/donees (recipients) for the sole purpose of transplantation
Removal of the corneas shall not interfere with any subsequent _________
Investigation
Removal of the corneas should not alter the ________ facial appearance of the decedent
Post-mortem
What is an example of altering the post-mortem facial appearance of the deceased after removal of the corneas?
Placing eye caps
In all donations, the decedent’s body shall be diagnosed separately and certified by how many qualified physicians?
2
In all donations, the decedent’s body shall be diagnosed separately and certified by who?
2 qualified physicians
The 2 qualified physicians who shall diagnose and certify the decedent’s body after removal of the cornea shall not be a member of?
The team of medical practitioners who will effect the removal of the organ
The 2 qualified physicians who shall diagnose and certify the decedent’s body after removal of the cornea shall not attend to who?
The recipient of the organ
The 2 qualified physicians who shall diagnose and certify the decedent’s body after removal of the cornea shall not be the _____ or ______ who authorized the removal
Head of the hospital or the designated hospital officer
The conditions for the 2 physicians who shall diagnose and certify the decedent after corneal removal are stated in what section of what law?
Section 1 of RA 7885
“In all donations, the death of a person from whose body and organ will be removed after his death for the purpose of transplantation to a living person, shall be diagnosed separately and certified by 2 qualified physicians” is stated in what section of what RA?
Section 1 of RA 7885
Only authorized _______ in a hospital shall remove and/or transplant any organ which is authorized to be removed/transplanted
Medical practitioners
In what section of RA 7170 states that only medical practitioners are authorized to perform removals/transplantations?
Section 10
In what section of RA 7885 states that only medical practitioners are authorized to perform removals/transplantations?
Section 2
T or F: Section 2 of RA 7170 and Section 10 of RA 7885 have the same principles regarding the individuals authorized to perform removals/transplantations
False (reverse the sections)
Removal of corneal tissues shall be performed ONLY by what 2 professionals?
Ophthalmic surgeons and ophthalmic technicians
Ophthalmic surgeons and ophthalmic technicians are the only ones authorized to perform removal of?
Corneas
The ophthalmic surgeons and ophthalmic technicians must be duly certified by the accredited ____________
National Association of Ophthalmologists
What section of RA 7885 states that medical practitioners are the only ones authorized to perform organ removals or transplantations and that ophthalmic surgeons and technicians are the only ones authorized to remove corneas?
Section 2
The body and/or organs may only be donated as specified in what section of RA 7170?
Section 6
“Persons who may become legatees or donees” are under what section of RA 7170?
Section 6
Who are the Legatees or Donees for the ff. situations?
For medical or dental education, research, advancement of medical or dental sciences, and therapy/transplantation
Any hospital, physician, or surgeon
Who are the Legatees or Donees for the ff. situations?
For education, research, advancement of medical or dental sciences, or therapy
Any accredited medical or dental school, college, or university
Who are the Legatees or Donees for the ff. situations?
For medical or dental education, research, therapy, or transplantation
Any organ bank storage facility
Who are the Legatees or Donees for the ff. situations?
For therapy or transplantations needed by them
Any specific individual
What section of RA 7170 states that “Parts and/or human bodies donated to the institution or any individual to ensure its acceptability, tests including but not limited to autopsies can be done”?
Section 5
Section 5 of RA 7170 indicates that this type of testing can be done to ensure the organ’s acceptability by the legatees/donees
Autopsy
Defined as when a legacy of donation of all or part of a human body authorizes any examination necessary to assure medical acceptability of the legacy or donation for the purpose(s) intended
Examination of Human Body or Part Thereof
What shall be conducted on the cadaver of accident, trauma, or other medico-legal cases immediately after the pronouncement of death to determine qualified and healthy human organs for transplantation and/or in furtherance of medical science?
Autopsy
It is of paramount importance that the health facility that will receive the organ donations has trained personnel who will handle them as stated in what section of RA 7170?
Section 7
A hospital authorized to receive organ donations or to conduct transplantation shall train qualified personnel and their staff to handle the task of introducing the organ donation program in a humane and delicate manner to the relatives of the donor-decedent enumerated in what section of RA 7170?
Section 4
What entity shall accomplish the necessary form or document as proof of compliance with the training of hospital staff to introduce the donation program to a decedent’s loved ones?
The hospital itself
What section provides for the rights and duties after death?
Section 13 of RA 7170
T or F: The legatee/donee must accept the legacy or donation
False (may or may not)
T or F: The legatee shall effect the removal of the organ, avoiding unnecessary mutilation after embalming
False (prior to)
After the organ/part was removed, custody of the remainder of the body now vests in who?
- Surviving spouse
- Next of kin or;
- Other people under the obligation to dispose of the body
Any person who acts in good faith in accordance with the terms of this Act shall not be liable for damages in any _________
Civil Action
Any person who acts in good faith in accordance with the terms of this Act shall not be subject to ________ in any criminal proceeding of this Act
Prosecution