R.A. 7170 Flashcards
AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY AFTER DEATH FOR SPECIFIED PURPOSES
Republic Act No. 7170
This Act shall be known as the “Organ Donation Act of 1991”.
Section 1. Title.
As used in this Act the following terms shall mean:
Section 2. Definition of Terms
a facility licensed, accredited or approved under the law for storage of human bodies or parts thereof.
Organ Bank Storage Facility
a deceased individual, and includes a still-born infant or fetus.
Decedent
an individual who makes a legacy of all or part of his body.
Testator
an individual authorized under this Act to donate all or part of the body of a decedent.1awphilŸalf
Donor
a hospital licensed, accredited or approval under the law, and includes, a hospital operated by the Government
Hospital
includes transplantable organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of the human body.
Part
an individual, corporation, estate, trust, partnership, association, the Government or any of its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations; or any other legal entity
Person
a physician or surgeon licensed or authorized to practice medicine under the laws of the Republic of the Philippines.
“Physician” or “Surgeon”
the persons enumerated in Section 4(a) of this Act.
Immediate Family” of the decedent
the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem. A person shall be medically and legally dead if either:1awphilŸalf
“Death
based on the acceptable standards of medical practice, there is an absence of natural respiratory and cardiac functions and, attempts at resuscitation would not be successful in restoring those functions. In this case, death shall be deemed to have occurred at the time these functions ceased; or
In the opinion of the attending physician
concurred in by the attending physician, that on the basis of acceptable standards of medical practice, there is an irreversible cessation of all brain functions; and considering the absence of such functions, further attempts at resuscitation or continued supportive maintenance would not be successful in resorting such natural functions. In this case, death shall be deemed to have occurred at the time when these conditions first appeared
In the opinion of the consulting physician
Any individual, at least eighteen (18) years of age and of sound mind, may give by way of legacy, to take effect after his death, all or part of his body for any purpose specified in Section 6 hereof.
Person Who May Execute A Legacy
Any of the following, person, in the order of property stated hereunder, in the absence of actual notice of contrary intentions by the decedent or actual notice of opposition by a member of the immediate family of the decedent, may donate all or any part of the decedent’s body for any purpose specified in Section 6 hereof:
Person Who May Execute a Donation.
(1) Spouse;
(2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the decedent at the time of his death.
Section 4. Person Who May Execute a Donation
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.
For purposes of this Act, an autopsy 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.
Section 5. Examination of Human Body or Part Thereof
The following persons may become legatees or donees of human bodies or parts thereof for any of the purposes stated hereunder:
Section 6. Persons Who May Become Legatees or Donees.
The following persons may become legatees or donees of human bodies or parts thereof for any of the purposes stated hereunder:
(a) Any hospital, physician or surgeon -
(b) Any accredited medical or dental school, college or university -
(c) Any organ bank storage facility - transplantation; and
(d) Any specified individual -
For medical or dental education, research, advancement of medical or dental science, therapy or transplantation;
Any hospital, physician or surgeon
For education, research, advancement of medical or dental science, or therapy;
Any accredited medical or dental school, college or university
For medical or dental education, research, therapy, or transplantation; and
Any organ bank storage facility