RA 7170 (Organ Donation Act of 1991) Flashcards
1
Q
An Act authorizing the legacy or donation of all or part of a human body after death for specified purposes.
A
Republic Act No. 7170
Organ Donation Act of 1991
2
Q
What is the rationale of RA 7170?
A
To protect the rights of both donor and recipient from any unethical or illegal practice such as human trafficking and selling of organs for money.
3
Q
What is the significance of RA 7170?
A
To authorize and regulate the legacy or donation of human body or its parts after death or a specified condition thereby securing the safety of the recipient and providing means for transfer.
4
Q
How many sections are there in RA 7170?
A
19 sections
5
Q
When was RA 7170 Organ Donation Act of 1991 approved?
A
January 7, 1992
6
Q
Who was the President of the Philippines during the approval of RA 7170?
A
Corazon C. Aquino
7
Q
What is Section 1of RA 7170?
A
Title: Organ Donation Act of 1991
8
Q
What is Section 2 of RA 7170?
A
Definition of Terms
9
Q
A deceased individual, and includes a still born infant or fetus.
A
Decedent
10
Q
An individual authorized under this Act to donate all or part of the body of decedent.
A
Donor
11
Q
A facility licensed, accredited, or approved under the law for storage of human bodies or parts thereof.
A
Organ Bank Storage Facility
12
Q
An individual who makes a legacy of all or part of his body.
A
Testator
13
Q
The irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem.
A
Death
14
Q
A person shall be medically and legally dead if either:
A
- Absence of natural respiratory and cardiac function and attempts resuscitation would not be successful in restoring those functions.
- There is an irreversible cessation of all brain functions; and considering the absence of such functions, furthers attempts at resuscitation or continued supportive maintenance would not be successful in restoring such natural functions.
15
Q
Who are the immediate family? (By order)
A
o Spouse
o Son or daughter of legal age
o Either parent
o Brother or sister of legal age
o Guardian over the person of the decedent at the time of his death.
SSEBG
16
Q
A gift; something transmitted; a bequest.
A
Legacy
17
Q
To whom a legacy is bequeathed; heir; recipient of a gift.
A
Legatee or Donee
18
Q
Process of administering an estate.
A
Probate (of the will)
19
Q
What is Section 3 of RA 7170?
A
Person Who May Execute Legacy
20
Q
Section 3 - Person Who May Execute a Legacy
Who are the allowed individuals who may execute as a legacy of a human part or organ?
A
- Any individual
- At least eighteen (18) years of age
- 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 – Persons who may become Legatees or Donees]
21
Q
What is Section 4 of RA 7170?
A
Person who may Execute a Donation
22
Q
Identify what Section:
Any of the following persons, in the order of priority stated hereunder, in the absence of actual notice of contrary intentions by the decedent or actual notice of opposition by the member of the immediate family of the decedent, may donate all or any part of the decedent’s body:
- Spouse
- Son or Daughter of legal age
- Either parent
- Brother or sister of legal age
- Guardian over the person of the decedent at the time of his death.
A
Section 4 - Person who may Execute a Donation
23
Q
Identify what Section:
The person authorized by subsection (a) of this section may make donation after or immediately before his death.
A
Section 4: Person who may Execute a Donation
24
Q
What is Section 5 of RA 7170?
A
Examination of Human Body or Part Thereof
25
# Identify what Section:
A legacy or 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.
Section 5: Examination of Human Body or Part Thereof
26
In Section 5: Examination of Human Body or Part Thereof, an _____ **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
27
What is Section 6 of RA 7170?
Person Who May Become Legatees or Donees
28
In accordance to Section 6, who are the following persons may become legatees or donees of human bodies or parts thereof?
1. Any **hospital, physician, or surgeon**
2. Any **accredited medical or dental school, colleges, or university**
3. Any **organ bank storage facility**
4. Any **specified individual** (for therapy/transplantation)
29
What is Section 7 of RA 7170?
Duty of Hospitals
30
# Identify what Section:
A hospital authorized to receive organ donation 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 Section 4 hereof.
Section 7: Duty of Hospitals
31
# Identify what Section:
The hospital shall **accomplish the necessary form** or **document as proof of compliance** with the above requirement.
Section 7: Duty of Hospitals
32
What is Section 8 of RA 7170?
Manner of Executing a Legacy
33
# Identify what Section:
Legacy of all or part of the human body under Section 3 hereof **maybe made by will**. The legacy becomes effective upon the death of the testator **without waiting for probate of the will.**
## Footnote
If the will is **not probated**, or it is a declared invalid for testamentary purposes, to the extent that it was **executed in good health**, is **nevertheless valid and effective.**
Section 8: Manner of Executing a Legacy
34
True or False
As stated in Section 8(b), the legacy becomes effective upon the death of the testator and shall be respected by and binding upon his executor or administrator, heirs, assign, successors in interest and all members of the family.
True
35
# Section 8: Manner of Executing a Legacy
The document, which maybe **a card or any paper designed to be carried on a person**, must be **signed by the testator** in the presence of ____ witnesses who must sign the document in his presence.
Two witnesses
36
# Section 8: Manner of Executing a Legacy
What will happen to the documents if the testator cannot sign?
The documents may be **signed for him** at his **direction** and in his **presence**, in the **presence of two witnesses** who must, likewise, **sign the document** in the presence of the testator.
## Footnote
Delivery of the document of legacy during the testator's lifetime is not the testator's lifetime if not necessary to make the legacy valid.
37
True or False
As stated in Section 8, the **legacy may be made to specify the legatee or without specifying the legatee.**
True
38
Section 8 - Manner of Executing a Legacy
If the legacy is made to specify a **legatee who is not available at the time and place of the testator's death**, the **attending physician or surgeon**, in the absence of any expressed indication that the testator desired otherwise, may _____ (accept, not accept) the legacy as legatee.
accept
39
# Section 8 - Manner of Executing a Legacy
In the **incidence of the legacy does not specify a legatee**, who may be accepted as a legatee upon or following the testator's death?
Attending physician or surgeon
40
True or False
The physician may become a legatee under this subsection (Section 8[c]) *shall participate* in the procedures for removing or transplanting a part or parts of the body as decedent.
False
| Bawal.
41
# True or False
As stated in Section 8(d), the **testator may designate in his will**, card or other document, the **surgeon or physician** who will carry out the appropriate procedures.
True
42
True or False
As stated in Section 8(d), the incidence where the designation (surgeon/physician) or designee is not available, the **legatee or other persons** authorized to accept the legacy **may authorize any surgeon or physician** for the purpose.
True
43
What is the Section 9 of RA 7170?
Manner of Executing a Donation
44
# Section 9 - Manner of Executing a Donation
In the **absence of any of the person specified under Section 4** hereof and in the **absence of any document of organ donation**, who may **authorize in a public document** the **removal of an organ** for the purpose of transplantation of the organ to the body of a living person?
- Physician in charge of the patient
- Head of the hospital
- Designated officer of the hospital
45
# Section 9 - Manner of Executing a Donation
A designated medical professional may authorized in a public document the removal of an organ for the purpose of transplantation provided they search for the nearest relative within ____.
48 hours
46
# Section 9 - Manner of Executing a Donation
In all donations, the death of a person from whose body of an organ will be removed after his death for the purpose transplantation to a living person, **shall be diagnosed separately** and **certified by two (2) qualified physicians** NEITHER OF WHOM SHOULD BE:
- A **member of the team of medical practitioners** who will effect the removal of the organ from the body
- The **physician attending to the recipient** of the organ to be removed
- The **head of hospital or the designated officer** authorizing the removal of the organ
47
What is the Section 10 of RA 7170?
Person(s) Authorized to Remove Transplantable Organs
48
In Section 10, only authorized ________ in a hospital shall remove and/or transplant any organ which is authorized to be removed and/or transplanted pursuant to Section 5 hereof – [Examination of Human Body or Part Thereof]
medical practitioners
49
What is Section 11 of RA 7170?
Delivery of Document of Legacy or Donation
50
# True or False:
As stated in Section 11, if the legacy or donation is **made to a specified legatee or donee**, the will, card or other document, or an executed copy thereof, maybe delivered by the **testator or donor**, or his **authorized representative**, to the legatee or donee to **expedite the appropriate procedures immediately** after death.
True
51
# Section 11 - Delivery of Document of Legacy or Donation
If the legacy or donation is **made to a specified legatee or donee**, the will, card or other document, or an executed copy thereof, may be deposited in ____ or ___ that accepts it for **safekeeping** or for **facilitation or procedures** after death.
any hospital or organ bank storage facility
52
# Section 11 - Delivery of Document of Legacy or Donation
On the **other request of any interested party upon or after the testator's death**, the person in possession shall _ the **document of legacy or _ for verification.**
product ; donation
53
What is the Section 12 of RA 7170?
Amendment or Revocation of Legacy or Donation
54
# Section 12 - Amendment or Revocation of Legacy or Donation
If the **will, card or other document, or an executed copy thereof**, has been **delivered to a specific legatee or donee**, the **testator or donor may amend or revoke the legacy or donation** either by:
- The execution and delivery to the legatee or donee of **signed statement** to that effect; or
- An **oral statement** to that effect made in the presence of two or other persons and communicated to the legatee or donee; or
- A **statement** to that effect during a **terminal illness or injury** addressed to an **attending physician** and communicated to the legatee or donee;
- A **signed card or document** to that effect found on the person or effects of the testator or donor.
55
Section 12 - Amendment or Revocation of Legacy or Donation
Any **will, card or other document**, or an executed copy thereof, which **has not been delivered to the legatee or donee** may be _____ in the manner provided in the subsection (a) of this Section or by **destruction, cancellation or mutilation** of the document and all executed copies thereof.
revoked by the testator or donor
56
What is the Section 13 or RA 7170?
Rights and Duties after Death
57
True or False
As stated in Section 13, the legatee or donee **may accept** or **reject the legacy or donation** as the case may be.
True
58
# Section 13 - Rights and Duties after Death
If the legacy or donation is a **part of the body**, the legatee or donee, upon the death of testator and prior to embalming, shall _____ **the removal of the part**, avoiding unnecessary mutilation.
effect
59
# Section 13 - Rights and Duties after Death
After removal of the part, **custody of the remainder of the body vests in the surviving spouse**, next of the kin or other persons under obligation to _____ of the body of the decedent.
dispose
60
# True or False:
As stated in Section 13, 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 or subject to prosecution **in any criminal proceeding** of this Act.
True
61
What is the Section 14 of RA 7170?
International Sharing of Human Organs or Tissues
62
As stated in Section 14, sharing of human organs or tissues shall be made only through exchange programs duly approved by?
Department of Health (DOH)
## Footnote
Provided, that **foreign organs** or **tissue bank storage facilities** and similar establishments **grant reciprocal rights** to their **Philippine counterparts** to draw human organs or tissues at any time.
63
What is the Section 15 of RA 7170?
Information Drive
64
True or False
As stated in Section 15, in order that the public will obtain the maximum benefits from this Act, the Department of Health, in cooperation with institutions, such as the National Kidney Institute, and NGOs and other health related agencies, involved in the donation and transplantation of human organs, **SHALL UNDERTAKE A PUBLIC INFORMATION PROGRAM.**
True
65
In Section 15, who should make an **appeal to human organ donation** after consultation with all health professionals both government and private?
Secretary of Health
66
What is the Section 16 of RA 7170?
Rules and Regulations
67
In Section 16, who should make an **appeal to human organ donation** after consultation with all health professionals both government and private?
Secretary of Health
68
What is the Section 17 of RA 7170?
Repealing Clause
69
What is the Section 18 of RA 7170?
Separability Clause
70
What is the Section 19 of RA 7170?
Effectivity Clause
71
# Section 19 - Effectivity
This Act shall take effect ____ days after its publication in at least ____ newspapers of general circulation.
15 days; 2 newspapers
72
An Act to advance corneal transplantation in the Philippines. Amending for the Purpose RA 7170 (Organ Donation Act of 1991).
Republic Act No. 7885
73
How many sections are there in RA 7885?
6 sections
74
When was RA 7885 approved?
February 20, 1995
75
Who was the President of the Philippines during the approval of RA 7885?
Fidel V. Ramos
76
What is the Section 1 of RA 7885?
Amendment to Section 9 of RA 7170
77
# RA 7885
Amendment to Section 9
Provided, however, That the said **physician, head or designated officer of the hospital**, or the medico-legal officer of any government agency which has custody of such body **may authorize the removal of the cornea or corneas of the decedent** within ____ hours after death and upon the *request of qualified legatees or donees* for the *sole purpose of transplantation.*
12 hours
78
# Amendment to Section 9 of RA 7170
Provided, That **such removal of the cornea or corneas** will **not interfere** with **any subsequent investigation** or **alter the post-mortem facial appearance of the decedent** by such means as placing ___ ___ after the said cornea or corneas have been removed.
eye caps
79
What is the Section 2 of RA 7885?
Amendment to Section 10 of RA 7170
80
Amendment to Section 10 of RA 7170
Who can only performed the **removal of corneal tissues?**
- Ophthalmic surgeons
- Ophthalmic technicians trained in the methodology of such procedure and duly certified by the accredited National Association of Ophthalmologists
81
# Identify what Section of RA 7885:
The implementing rules and regulations of Republic Act No. 7170 shall be amended accordingly by the Secretary of Health, in consultation with professional health groups and nongovernment health organizations, to make it consistent with the provisions of this Act.
Section 3 of RA 7885
## Footnote
IRR
82
# Identify what Section of RA 7885:
The provisions of this Act are hereby declared separable, and in the event any such provisions is declared unconstitutional, the other provisions not affected thereby shall remain in force and effect.
Section 4 of RA 7885
83
# Identify what Section of RA 7885:
All other laws, decrees, executive orders, administrative orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 5 of RA 7885
## Footnote
Repealing Clause
84
# Identify what Section of RA 7885:
This Act shall take effect upon its approval.
Section 6 of RA 7885
85
Human body or its parts may be donated provided that physician, head of the hospital or officer designated by the hospital for this purpose has exerted reasonable efforts, within __ hours, to locate the nearest relative.
The said professionals may authorize the removal of the cornea or corneas of the decedent within __ hours after death and must not interfere with any subsequent investigation.
48 hours; 12 hours
86
Legacy or donation of human body or its parts authorizes any examination necessary to assure m____ a____ and s__ p____.
medical acceptability; safety procedure
87
The testator or donor may amend or revoke the legacy or donation through:
a. an oral statement on two witness
b. written document or signed card given to the legatee
c. dononee or attending physician
Any will, card or other document which has not been delivered to the legatee or donee may be revoked by the testator.
88
Death of the person shall be determined in accordance with the acceptable standards of medical practice and shall be diagnosed _____ by the attending physician and another consulting physician.
separately
