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MT 6313 (2nd Shifting) > RA 7170 (Organ Donation Act of 1991) > Flashcards

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

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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.

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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.

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4
Q

How many sections are there in RA 7170?

A

19 sections

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5
Q

When was RA 7170 Organ Donation Act of 1991 approved?

A

January 7, 1992

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6
Q

Who was the President of the Philippines during the approval of RA 7170?

A

Corazon C. Aquino

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7
Q

What is Section 1of RA 7170?

A

Title: Organ Donation Act of 1991

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8
Q

What is Section 2 of RA 7170?

A

Definition of Terms

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9
Q

A deceased individual, and includes a still born infant or fetus.

A

Decedent

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10
Q

An individual authorized under this Act to donate all or part of the body of decedent.

A

Donor

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11
Q

A facility licensed, accredited, or approved under the law for storage of human bodies or parts thereof.

A

Organ Bank Storage Facility

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12
Q

An individual who makes a legacy of all or part of his body.

A

Testator

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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

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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.
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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

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16
Q

A gift; something transmitted; a bequest.

A

Legacy

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17
Q

To whom a legacy is bequeathed; heir; recipient of a gift.

A

Legatee or Donee

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18
Q

Process of administering an estate.

A

Probate (of the will)

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19
Q

What is Section 3 of RA 7170?

A

Person Who May Execute Legacy

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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]
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21
Q

What is Section 4 of RA 7170?

A

Person who may Execute a Donation

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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

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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

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24
Q

What is Section 5 of RA 7170?

A

Examination of Human Body or Part Thereof

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25
Q

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.

A

Section 5: Examination of Human Body or Part Thereof

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26
Q

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

A

Autopsy

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27
Q

What is Section 6 of RA 7170?

A

Person Who May Become Legatees or Donees

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28
Q

In accordance to Section 6, who are the following persons may become legatees or donees of human bodies or parts thereof?

A
  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)
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29
Q

What is Section 7 of RA 7170?

A

Duty of Hospitals

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30
Q

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.

A

Section 7: Duty of Hospitals

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31
Q

Identify what Section:

The hospital shall accomplish the necessary form or document as proof of compliance with the above requirement.

A

Section 7: Duty of Hospitals

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32
Q

What is Section 8 of RA 7170?

A

Manner of Executing a Legacy

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33
Q

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.

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.

A

Section 8: Manner of Executing a Legacy

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34
Q

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.

A

True

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35
Q

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.

A

Two witnesses

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36
Q

Section 8: Manner of Executing a Legacy

What will happen to the documents if the testator cannot sign?

A

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.

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
Q

True or False

As stated in Section 8, the legacy may be made to specify the legatee or without specifying the legatee.

A

True

38
Q

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.

A

accept

39
Q

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?

A

Attending physician or surgeon

40
Q

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.

A

False

Bawal.

41
Q

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.

A

True

42
Q

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.

A

True

43
Q

What is the Section 9 of RA 7170?

A

Manner of Executing a Donation

44
Q

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?

A
  • Physician in charge of the patient
  • Head of the hospital
  • Designated officer of the hospital
45
Q

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 ____.

A

48 hours

46
Q

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
  • 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
Q

What is the Section 10 of RA 7170?

A

Person(s) Authorized to Remove Transplantable Organs

48
Q

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]

A

medical practitioners

49
Q

What is Section 11 of RA 7170?

A

Delivery of Document of Legacy or Donation

50
Q

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.

A

True

51
Q

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.

A

any hospital or organ bank storage facility

52
Q

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.

A

product ; donation

53
Q

What is the Section 12 of RA 7170?

A

Amendment or Revocation of Legacy or Donation

54
Q

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:

A
  • 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
Q

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.

A

revoked by the testator or donor

56
Q

What is the Section 13 or RA 7170?

A

Rights and Duties after Death

57
Q

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.

A

True

58
Q

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.

A

effect

59
Q

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.

A

dispose

60
Q

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.

A

True

61
Q

What is the Section 14 of RA 7170?

A

International Sharing of Human Organs or Tissues

62
Q

As stated in Section 14, sharing of human organs or tissues shall be made only through exchange programs duly approved by?

A

Department of Health (DOH)

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
Q

What is the Section 15 of RA 7170?

A

Information Drive

64
Q

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.

A

True

65
Q

In Section 15, who should make an appeal to human organ donation after consultation with all health professionals both government and private?

A

Secretary of Health

66
Q

What is the Section 16 of RA 7170?

A

Rules and Regulations

67
Q

In Section 16, who should make an appeal to human organ donation after consultation with all health professionals both government and private?

A

Secretary of Health

68
Q

What is the Section 17 of RA 7170?

A

Repealing Clause

69
Q

What is the Section 18 of RA 7170?

A

Separability Clause

70
Q

What is the Section 19 of RA 7170?

A

Effectivity Clause

71
Q

Section 19 - Effectivity

This Act shall take effect ____ days after its publication in at least ____ newspapers of general circulation.

A

15 days; 2 newspapers

72
Q

An Act to advance corneal transplantation in the Philippines. Amending for the Purpose RA 7170 (Organ Donation Act of 1991).

A

Republic Act No. 7885

73
Q

How many sections are there in RA 7885?

A

6 sections

74
Q

When was RA 7885 approved?

A

February 20, 1995

75
Q

Who was the President of the Philippines during the approval of RA 7885?

A

Fidel V. Ramos

76
Q

What is the Section 1 of RA 7885?

A

Amendment to Section 9 of RA 7170

77
Q

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.

A

12 hours

78
Q

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.

A

eye caps

79
Q

What is the Section 2 of RA 7885?

A

Amendment to Section 10 of RA 7170

80
Q

Amendment to Section 10 of RA 7170

Who can only performed the removal of corneal tissues?

A
  • Ophthalmic surgeons
  • Ophthalmic technicians trained in the methodology of such procedure and duly certified by the accredited National Association of Ophthalmologists
81
Q

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.

A

Section 3 of RA 7885

IRR

82
Q

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.

A

Section 4 of RA 7885

83
Q

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.

A

Section 5 of RA 7885

Repealing Clause

84
Q

Identify what Section of RA 7885:

This Act shall take effect upon its approval.

A

Section 6 of RA 7885

85
Q

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.

A

48 hours; 12 hours

86
Q

Legacy or donation of human body or its parts authorizes any examination necessary to assure m____ a____ and s__ p____.

A

medical acceptability; safety procedure

87
Q

The testator or donor may amend or revoke the legacy or donation through:

A

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
Q

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.

A

separately

MT 6313 (2nd Shifting) (5 decks)

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