the blood banking law Flashcards

1
Q

in what type of hospital where do we typically find blood banks

A

laboratory facilities in tertiary hospitals

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2
Q

the old blood banking law

A

RA 1517

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3
Q

what law replaced the RA 1517

A

R.A. 7719, also known as the National Blood Services Act of 1994
- to promote voluntary blood donation
- ensure a safe and adequate blood supply in the Philippines

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4
Q

brief history:
1979
1982
1984
1985

A

1979
- safe concerns over blood
- blood products intensified (strict) when AIDS was first identified

1982
- first case of an infant getting AIDS from a blood transfusion.

1984
- first HIV case in the Philippines was reported.

1985
- International Society of Blood Transfusion (ISBT) had disseminated guidelines requiring AIDS testing of blood and blood products for transfusion
[a rule to test all donated bloods before transfusion]

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5
Q

brief history
1989
1992
1994
1995

A

1989
- DOH issued Administrative Order No. 57 series of 1989 (revising the Blood Banking guidelines)
- new guidelines requires hepatitis B and HIV testing and that
blood banks should be headed by a pathologist or a hematologist

1992
- institutionalizing (established) the National Blood Services Program (NBSP)
- issuance of DOH Administrative Order No. 118-A

Jan 1994
- project was launched to evaluate the safety of blood banking system in the Philippines.

23 Aug 1994
- R.A. 7719 (National Blood Services Act) took effect
[It phased out commercial blood banks to prevent unsafe blood practices.]

28 Apr 1995
- DOH released A.O. No. 9 series of 1995
- constituting the Implementing Rules and Regulations (IRR) of R.A. 7719.

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6
Q

An act promoting voluntary blood
donation, providing for an adequate supply of safe blood, regulating blood banks, and providing penalties for violation thereof

A

R.A. 7719: “THE NATIONAL BLOOD SERVICES ACT OF 1994”

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7
Q

title

A

section 1
“National Blood Services Act of 1994”.

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8
Q

declaration policy
In order to promote public health, it is hereby declared the policy of the State:

A

section 2

  1. promote and encourage voluntary blood donation by the citizenry and to instill public consciousness of the principle that blood donation is a humanitarian act
    [People should donate blood willingly as an act of kindness.
    Selling blood is not allowed because blood is a medical service, not a product.]
  2. lay down the legal principle that the provision of blood for transfusion is a professional medical service and not a sale of a commodity
  3. provide for adequate, safe, affordable and equitable distribution of supply of blood and blood products
  4. inform the public of the need for voluntary blood donation the hazards caused by the commercial sale of blood
    [ppl need to know the dangers of selling blood]
  5. teach the benefits and rationale of voluntary blood donation existing health subjects of the formal education system in all public/private schools, as the non-formal education system
  6. mobilize all sectors of the community to participate in mechanisms for voluntary and non-profit collection of blood
  7. mandate the DOH to establish and organize a National Blood
    Transfusion Service Network (Ph red cross) = rationalize and improve the provision of adequate and safe supply of blood
    [set up a nationwide system for blood supply]
  8. provide for adequate assistance to institutions promoting non-profit blood services, either through a system of reimbursement for cost from patients who can afford to pay, or donations from governmental and non governmental agencies

[help support blood banks that provide non-profit blood services by:
- Allowing patients who can afford it to pay for costs (like testing and storage) but not for the blood itself.
- Getting financial help from the government and private organizations to keep blood donation free for those who need it.]

  1. require all blood collection units and blood banks/centers to operate on a non-profit basis
  2. establish scientific and professional standards for the operation of blood collection units and blood banks/centers in the Philippines
    [set rules and guidelines to make sure that blood collection units and blood banks in the Philippines follow high medical and safety standards]
  3. regulate and ensure the safety of all activities related to the collection, storage and banking of blood
  4. require upgrading of blood banks/centers to include preventive services and education to control the spread of blood transfusion transmissible diseases.
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9
Q

refers to human blood

A

blood/ human blood
- processed or unprocessed
- includes blood components, its products and derivatives

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10
Q

a laboratory or institution with the capability to recruit and screen blood donors, collect, process, store, transport and issue blood for transfusion and provide information and/or education on blood transfusion transmissible diseases

A

blood bank/ centers
- recruit and screen blood donors
- collect, process, store, transport and issue
- provide info and or edu on blood transfusion transmissible disease

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11
Q

a blood bank that exists for profit

A

commercial blood bank

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12
Q

a blood bank which is located within the premises of a hospital and which can perform compatibility testing of blood

A

hospital-based blood bank

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13
Q

an institution of facility duly authorized by the DOH to recruit and screen donors and collect blood

A

blood collection unit
- recruit
- screen donors (by asking questions and doing basic physical checks)
- collect blood

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14
Q

one who donates blood on one’s own volition or initiative and without monetary compensation

A

voluntary blood donor

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15
Q

Department of Health

A

department

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16
Q

diseases which may be transmitted as a result of blood transfusion

A

blood transfusion transmissible diseases
includes the following:
- AIDS
- Hepa B
- Malaria
- Syphilis

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17
Q

the Secretary of Health or any other person to whom the Secretary delegates the responsibility of carrying out the provision of this Act

A

secretary of health
[this person is responsible for overseeing public health programs, including blood donation and blood bank regulations.
If needed, the Secretary of Health can also assign responsibilities to another qualified person to help manage specific tasks]

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18
Q

an individual included in the list of qualified voluntary blood donors referred to in Section 4, paragraph (e), who is ready to donate blood when needed in his/her community.

A

walking blood donor
- not all red cross volunteers but some are as long as they are eligible
- Section 4, paragraph (e):
creation of a list of qualified voluntary blood donors who are ready to donate blood when needed in their community

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19
Q

under what section can voluntary blood donation be promoted?

A

section 4
through the following:
1. Public education
2. Promotion in schools
3. Professional education
4. Every province and city nationwide
5. Walking blood donors

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20
Q

main goal of public education on blood donation?

A

inform and encourage people to donate blood voluntarily
ensure a safe and sufficient blood supply.

importance:
helps ppl understand the
- benefits of voluntary blood donation
- dangers of commercial blood selling
- ensure a safe blood supply

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21
Q

Which organizations lead the nationwide public education campaign on blood donation?

A

leading agencies:
- Department of Health (DOH), - Philippine National Red Cross (PNRC)
- Philippine Blood Coordinating Council (PBCC)

others:
- Government agencies
- Local government units
- Non-government organizations (NGOs)
- Public & private hospitals
- Medical & health institutions
- Print & broadcast media

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22
Q

Who provides financial support for blood collection and processing?

A

DOH, with funds from government and private institutions.

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23
Q

How can blood banks recover costs for blood collection and processing?

A

Through a reimbursement system where patients who can afford it help cover expenses or
Donations from governmental and non governmental agencies

24
Q

Can voluntary blood donors receive money for donating blood?

A

No, but they may receive non-monetary incentives, as decided by the DOH.

examples of non-monetary incentives for blood donors
- free medical check-ups
- priority in blood requests
- recognition & awards

25
Q

how do they promote voluntary blood donation in schools

A

In public and private schools as part of health subjects.
The Department of Education (DepEd) is responsible for including blood donation topics in school curricula

students will learn:
- Why blood donation is important
- Health benefits of donating blood
- Dangers of selling blood

26
Q

Will blood donation education only be for formal schools?

A

No. It will also be included in non-formal education programs.

examples:
- Community Learning Centers
- Technical and Vocational Training
- Health Seminars & Workshops
- Red Cross Youth & Other Volunteer Programs

27
Q

What is the main goal of the professional education initiative in blood use?

A

train healthcare professionals on the proper use of blood and blood products and promote voluntary blood donation
= ensure n sufficient use of blood products and encourages voluntary blood donation

28
Q

Which organizations are involved in providing training on blood use and donation?

A

DOH
PBCC
PSHBT, the Philippine Society of Hematology and Blood Transfusion
PSP, Philippine Society of Pathologists
PMA, Philippine Medical Association
PAMET
PNA, Philippine Nursing Association

29
Q

What is included in the continuing medical education for blood use?

A

Training on the rational use of blood and the benefits of voluntary blood donation.

30
Q

goal of the Blood Services Network

A

stablish blood centers in every province and city as part of a nationwide blood donation system
- DOH is responsible for leading and in coordination with the Philippine Red Cross (PNRC)
- blood collection will be promoted in
1. communities
2. schools
3. businesses
4. barangays
5. military camps

31
Q

Who sets the standards for blood banks and collection units?

A

the secretary of health
- shall set the standards for the scientific and professional establishment and operation of blood bank and collection unit

32
Q

What support will the Department of Health provide for blood collection?

A

Training programs and technical assistance for communities, schools, and businesses

33
Q

Who is encouraged to implement voluntary blood donation programs?

A

Barangays
military camps
local government units (LGUs).

34
Q

A person who is ready and willing to donate blood when needed, especially in areas with limited blood banking facilities.

A

walking blood donor
- to ensure blood is available in areas where there are not enough bloods

35
Q

Who is responsible for keeping a list of qualified voluntary blood donors?

A

government hospitals
rural health units
health centers
barangays

they shld record their names and specified blood types

36
Q

A government-led program to ensure enough blood supply for transfusions in all regions of the country.

A

section 5

National Voluntary Blood Services Program (NVBSP)
- meet in an evolutionary manner, the needs for blood transfusion in all regions of the country
- to ensure a steady and accessible blood supply for medical needs across the country

37
Q

Which organizations help implement the NVBSP

A

Department of Health (DOH)
Philippine Red Cross (PNRC)
Philippine Blood Coordinating Council (PBCC)
other government and non-government organizations.

38
Q

how is the NVBSP funded

A

through government budget allocation
PCSO (₱25M)
PAGCOR (₱25M)
trust liability account of the Duty Free Shop (Duty Free Philippines)(₱20M)
and other civic organizations.

39
Q

briefly explain the upgrading of services and Philippines

A

section 6

blood banks provide preventive health services like
- edu and counselling on diseases that can be transmitted through blood transfusion

  • all govt hospitals REQUIRED to
  • establish voluntary blood donation programs
  • all govt hospitals ENCOURAGED to
  • set up voluntary blood donation programs

[Government hospitals → Must have blood donation programs
Private hospitals → Should have them, but it’s not mandatory]

40
Q

Which organizations will help set guidelines for proper blood use?

A

Department of Health (DOH)
Philippine Society of Hematology and Blood Transfusion (PSHBT)
Philippine Society of Pathologists (PSP).

41
Q

briefly explain the phase out of commercial blood banks

A

section 7
- phased out within two years after the law takes effect
- Secretary of Health can extend it for up to two more years

42
Q

What is the maximum time allowed for the phase-out of commercial blood banks?

A

four years (if extended by the Secretary of Health).

43
Q

briefly explain the non profit operation

A

section 8
all blood banks/ centers shall operate on a non-profit basis
- provided, that they may collect service fees not greater than the maximum prescribed by the department ( but only for necessary expenses related to collecting and processing blood, and within the limit set by the Department of Health)
- blood shall only be collected from healthy voluntary donors only

44
Q

What is required to legally operate a blood bank?

A

registered and issued a license to operate by the Department
- no license shall be granted or renewed by the Department for the establishment and operation of a blood bank/center unless it complies with the standards prescribed by the Department

section 9: regulation of blood services

45
Q

Can a blood bank operate without a license?

A

No, it is illegal to run a blood bank without a license.

46
Q

When can hospitals without a license collect and transfuse blood?

A

In emergencies, under the supervision of a doctor and following DOH guidelines.

47
Q

Who must manage a licensed blood bank?

A

licensed and qualified physician authorized by the DOH.

48
Q

What blood bank supplies can be imported tax-free?

A

Equipment, blood bags, and reagents for screening, testing, collection, processing, and storage of blood.
- government departments will create rules for this provision
DOH
DOF, department of finances

section 10: impt of blood bank equipment, blood bags and reagents

49
Q

Who can import blood bank supplies without taxes and duties?

A

Philippine Red Cross (PNRC)
Licensed blood banks
Hospitals in the National Voluntary Blood Services Program (NVBSP)

50
Q

separability clause
repealing clause
effectivity clause

A

separability clause - section 13
If any provision of this Act is declared invalid, the other provisions hereof not affected thereby shall remain in force and effect
[If one part of this law is found invalid or unconstitutional, the rest of the law will still remain valid and enforceable]

repealing clause - section 14
This Act shall supersede Republic Act No. 1517 entitled “Blood Bank Act.” The provisions of any law, executive order, presidential decree or other issuances inconsistent with this Act are hereby repealed or modified accordingly.
[replaces the old Blood Bank Act (Republic Act No. 1517).
Any other laws, executive orders, or decrees that conflict with this law are removed or changed to fit this new law.]

effectivity clause - section 15
take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) national newspapers of general circulation.
Approved, May 5, 1994.
[becomes official 15 days after it is published in the Official Gazette or two national newspapers.]

51
Q

Who is responsible for creating rules to implement this law?

A

section 11: rules and regulations

the Secretary of Health
- the secretary has 60 days to create new rules after the law is approved
- rules will set limits on services fees for blood-related services, including: [set a maximum price]
collection
processing
storage
professional services
reasonable amt of spoilage allowance (to cover wasted blood that cannot be used)

*existing Revised Rules and Regulations Governing the Collection, Processing and Provision of Human Blood and the Establishment and Operation of Blood Banks shall remain in force unless amended or revised by the Secretary [they will remain in effect unless the Secretary revises them]

52
Q

briefly explain the 2 administrative order in rules and regulations

A

AO No. 009 series of 1995:
Rules and Regulations Implementing RA 7719

AO No. 17-A8 series of 1998:
amendments to sections 26 to 32 of AO No. 009 series of 1995 to be known as “Requirements and Procedures for a License to Operate a Blood bank/Blood centers in the Philippines”

53
Q

What happens if a blood bank overcharges patients for blood services?

A

If a blood bank charges more than the maximum fee set by the Department of Health (DOH):
- License will be suspended or revoked by the Secretary of Health.
- Imprisoned for 1 to 6 months or fined between ₱5,000 to ₱50,000, or both.

54
Q

What is the penalty for operating a blood bank without a license?

A

Prison time: 12 years and 1 day to 20 years.
Fine: ₱50,000 to ₱500,000, or both.

55
Q

What actions can the Secretary of Health take against violators?

A

section12: penalties

Fines
License suspension or revocation of license to operate the blood bank
Recommend revoking professional licenses to practice the profession when applicable

56
Q

What happens if a blood bank gives out contaminated blood and does not dispose of it within 48 hours?

A

The head and responsible staff will be imprisoned for 10 years and may face additional criminal charges

  • This is without prejudice to the filing of criminal charges under the Revised Penal Code.
    explain in simple terms

[This means that even if someone is punished under this law (like imprisonment or fines), they can still face additional criminal charges under the Revised Penal Code if their actions are considered a crime.

For example, if a blood bank knowingly gives out contaminated blood, they could be jailed for 10 years under this law AND also be charged with criminal offenses like reckless imprudence or negligence under the Revised Penal Code.

So, breaking this law doesn’t protect the violator from other legal punishments.]

57
Q

Where does the collected blood sample are sent to for testing

A

San Lazaro Hospital
- to ensure it’s safe and free from any disease before use for transfusion