Republic Act No. 7170 Flashcards
Republic Act No. 7170
“Organ
Donation Act of 1991.”
Rationale: to protect the rights of both _______ and _______ from
any unethical or illegal practice such as human trafficking and
selling of organs for money
donor and recipient
Significance: to authorize and regulate the __________ thereby
securing the safety of the recipient and providing means for transfer.
legacy or donation of human body or its parts after death or a specified condition
How many sections?
19
When was it approved?
January 7, 1992
Who approve this?
Pres Corazon C. Aquino
What is RA 7885
Corneal Transplantation
SECTION 1
Title
Section 2
Definition of terms
An individual who makes a legacy of all or part of his body
Testator
a deceased individual, and includes a still born infant or fetus.
Decedent
an individual authorized under this Act to donate all or part of
the body of decedent
Donor
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 facility licensed, accredited or
approved under the law for storage of human bodies or parts thereof.
Organ Bank Storage Facilit
When will you say if death occured to a person?
- Absence of natural respiratory and cardiac function (Opinion of attending physicianl)
- irreversible cessation of all brain functions (opinion of the consulting physician, concurred in
by the attending physician)
resuscitation would not be successful
Immediate Family: Refers to:
- Spouse
- Son/Daughter of legal age
- Either parent
- Brother/Sister of legal age
- Guardian over the person of the descedent at the time of his death
a gift; something transmitted; bequest
LEGACY
to whom a legacy is bequeathed;
heir; recipient of a gift
LEGATEE OR DONEE
process of administering an estate
PROBATE (OF THE WILL)
Section 3
Person Who May Execute Legacy
Person Who May Execute Legacy:
- any individual
- at least 18 yrs old
- sound mind
Section 4
Person who may execute a donation
You may may donate all or any part of the decedent’s body in the absence of:
- actual notice of contrary intentions by the decedent
- actual notice of opposition by the member of the immediate family of the decedent
Person Who May Execute a Donation:
in the order of priority
- Spouse
- Son/Daughter of legal age
- Either parent
- Brother/Sister of legal age
- Guardian over the person of the decedent at the time of his death
SEC.4. Person Who May Execute a Donation
The person authorized by subsection (a) of this section may make
donation
after or immediately before his death.
Section 5
Examination of Human Body or Part thereof
A legacy or donation of all or part of a human body authorizes any
examination necessary to assure ____________ of the legacy
or donation for the purpose(s) intended.
medical acceptability
For purposes of this Act, an _____ shall be conducted on the cadaver
of accident, trauma, or other medico-legal cases
autopsy
When will you conduct autopsy?
immediately after the
pronouncement of death
Section 6
Persons who may become legatees or donees
Persons who may become legatees or donees:
- Any hospital, physician or surgeon
- Any accredited medical or dental school, colleges or university
- Any organ bank storage facility
- Any specified individual
Section 7
Day of Hospitals
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
To whom does the qualified personnel need to introduce the organ donation program?
to the relatives
of the donor-decedent
in a humane and delicate manner
What should the hospital accomplish as proof of compliance of introducing the organ donation program?
necessary form
or document
Section 8
Manner of Executing a Legacy
If the legacy is maybe made by will when will it be 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 legacy of all part of the human body under Section 3 hereof may also be made in
any document other than the will.
If a will is not used, the document used maybe a
a card or any paper
designed to be carried on a person
The document, which maybe a card or any paper designed to be carried on a person, must be
signed by the testator in presence of 2 witnesses (must also sign the document)
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 (sign the document too)
_______ of the document of legacy during the testator’s lifetime is not necessary to make the legacy valid.
Delivery
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 the legacy as legatee.
If the legacy does not specify a legatee,
the legacy may be accepted by the attending physician or surgeon
as legatee upon or following the testator’s death.
The physician may become a legatee under this
subsection shall __________
not participate in the procedures
for removing or transplanting a part or parts of the body as decedent.
Can the testator designate in his
will, card or other document, the
surgeon or physician who will carry
out the appropriate procedures.
yups
In the absence of the designation, or if the designee is not available (for carrying the procedure)
the legatee or other persons authorized to accept the legacy may authorize any surgeon or physician for the purpose
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 are qualified to execute a donation?
- physician in charge of the patient
- head of the hospital
- designated officer of the
hospital
In the absence of any of the person specified under Section 4 hereof and in the absence of any document of
organ donation, donation is only possible if the body of the diseased is calssified as:
- accident
- trauma
- other medico-legal cases
In the absence of any of the person specified under Section 4 hereof and in the absence of any document of
organ donation, what can the physician can do so that it can undergo donation?
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
The physician can do donation of organ in the absence of document of organ donation provided that he:
has exerted reasonable efforts, within forty-eight (48) hours, to
locate the nearest relative or guardian of the decedent at the time of death.
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
The 2 qualified physicians who will diagnose and certify the death of the donor should not be:
- member of the medical practioner who will remove the organ
- the attending physician of the organ recipient
- the head of the hospital or officer authorizing removal of organ
Section 10
Person(s) Authorized to Remove
Transplantable Organs
Only __________ 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].
authorized medical practitioners
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, maybe delivered by the ______________
or his authorized representative , to the legatee or donee to
expedite the appropriate procedures immediately after death.
testator or donor
The will, card or other document, or an executed copy thereof, may be deposited in any _________ or _________ that accepts it for safekeeping or for facilitation or procedures after death
hospital or organ bank storage facility
On the other request of any interested party upon or after the
testator’s death, the person in possession shall
produce
the document of legacy or donation for verification.
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:
- delivery of sign statemetn to that effect
- oral statemetn to that effect (2 witness, comunicated to donee)
- statement during terminal illnes/injury (addressed to attending physician, communicated to donee
- signed card to that effect (found on the donor)
Any will, card or other document, or an executed copy thereof, which has not been delivered to the legatee or donee may be revoked by the testator or donor 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.
aplicable to wills also
Section 13
Rights and Duties after Death
If the legacy or donation is a part of the body, the legatee or donee ,when shall the removal of the of the part take effect?
upon death of testator, prior to embalming
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 dispose of the body of the decedent.
Any person who acts in good faith
in accordance with the terms of this Act _____________ in any civil action or subject to prosecution in any criminal proceeding of this Act.
shall not be liable for damages
Section 14
International Sharing of Human
Organs or Tissues
Sharing of human organs or tissues shall be made only through
exchange programs duly approved by the Department of
Health
should be reciprocal
Section 15
Information Drive
Who shal undertake a public information program?
- DOH
- National Kidney Institute
- civic and non-government health
organizations and other health related agencies
The ___________ after consultation with all health professionals, both government and private, to
make an appeal to human organ donation.
Secretary of Health,
Section 16
Rules and Regulations
The _____________, after consultation with all health professionals, both government and
private, and non-government health organizations shall promulgate such rules and regulations as may be necessary or proper to implement
this Act.
Secretary of Health
Section 17
Repealing Clause
Section 18
Seperability Clause
Section 19
Effectivity
This Act shall take effect after ___________ following
its publication in the _____________ or _______________
- fifteen (15) days
- Official Gazette or in at least two (2) newspapers of general circulation.
RA 7785
AN ACT TO ADVANCE CORNEAL
TRANSPLANTATION IN THE PHILLIPINES
Amending for the Purpose RA 7170 (Organ Donation
Act of 1991)
RA 7785
RA 7785
how many sections?
6
RA 7785
When was it approved?
Feb 20, 1995
RA 7785
Who approve it?
Fidel V. Ramos
RA 7785
Section 1
Amendment to Section 9 of RA 7170
RA 7785
The physician can remove the corneas of the decedent within ________
12 hours after death
upon the request of donees for the sole purpose of transplantation
RA 7785
Provided, That such removal of the cornea or corneas will not
interfere with any ____________ or _____________ by such means as
placing eye caps after the said cornea or corneas have been removed.
subsequent investigation or alter the postmortem facial appearance of the decedent
RA 7785
Section 2
Amendment to Section 10 of RA 7170
RA 7785
Provided, however, that the removal of corneal tissues shall be performed only by ____________ and ___________ trained in the methodology of such procedure and duly certified by the accredited National Association
of Ophthalmologists
ophthalmic
surgeons and ophthalmic technicians
RA 7785
Section 3
IRR
RA 7785
Section 4
Separability Clause
RA 7785
Section 5
Repealing Clause
RA 7785
Section 6
Effectivity
