RA 7170 Flashcards
RA 7170
AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY AFTER DEATH FOR SPECIFIED PURPOSES
SECTION 1
Title
This Act shall be known as the _________
Organ Donation Act of 1991
SEC. 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
Donor
a hospital licensed, accredited or approved 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
Death
A person shall be medically and legally dead if either
In the opinion of the attending physician, 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 the opinion of the consulting 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 restoring such natural functions
) In the opinion of the attending physician, 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
In the opinion of the consulting 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 restoring such natural functions. In this case, death shall be deemed to have occurred at the time when these _________
conditions first appeared
The death of the person shall be determined in accordance with the acceptable standards of medical practice and shall be diagnosed separately by the _______ and another _______ both of whom must be appropriately qualified and suitably experienced in the care of such patients. The death shall be recorded in the patient’s medical record
attending physician and another consulting physician
SEC. 3
Person Who May Execute A Legacy
Any individual, at least _____ 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.
eighteen (18)
SEC. 4
Person Who May Execute a Donation
Order of priority of immediate family members
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.
SEC. 5
Examination of Human Body or Part Thereof.
SEC. 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
- Any hospital, physician or surgeon
- Any accredited medical or dental school, college or university
- Any organ bank storage facility
- Any specified individual
SEC. 7
Duty of Hospitals
SEC. 9
Manner of Executing a Donation
In the absence of any of the persons specified under Section 4 hereof and in the absence of any document of organ donation ______ in charge of the patient, ________ of the hospital or a __________ of the hospital who has custody of the body of the deceased classified as accident, trauma, or other medico-legal cases, may authorize in a public document the removal from such body for the purpose of transplantation of the organ to the body of a living person
physician, head of the hospital, designated officer
Number of hours/days that must be ensured by the physician, head of the hospital, or designated officer to locate the nearest relative listed in Section 4 hereof or guardian of the decedent at the time of death before claiming custody and for confirmation of organ transplant
forty-eight hours / 2 days
In all donations, the death of a person from whose body an 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
SEC. 10
Person(s) Authorized to Remove Transplantable Organs
SEC. 11
Delivery of Document of Legacy or Donation
SEC. 12
Amendment or Revocation of Legacy or Donation.
SEC. 13
Rights and Duties After Death
SEC. 14
International Sharing of Human Organs or Tissues
SEC. 15
Information Drive
SEC. 16
Rules and Regulations
SEC. 17
Repealing Clause.
SEC. 18
Separability Clause
SEC. 19
Effectivity.
This Act shall take effect after ______ following its publication in the_______ or in at least newspapers of general circulation
fifteen (15) days, official gazette, two newspapers
Approval date of RA 7170
January 7, 1992
