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MT6313 (MT LAWS) > Unit 8: RA 7170 (Organ Donation Act Of 1991) > Flashcards

Unit 8: RA 7170 (Organ Donation Act Of 1991) Flashcards

1
Q

It is an act authorizing the legacy or donation of all or art of a human body after death for specified purposes

A

RA 7170 or Organ Donation Act of 1991

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2
Q

How many sections are there in RA 7170

A

19 sections

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3
Q

When was RA 7170 approved and signed?

A

January 7, 1992

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4
Q

Who approved and signed the RA 7170

A

President Corazon C. Aquino

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5
Q

The rationale of RA 7170 is to protect the rights of both _______ and __________ from any unethical or illegal practice such as human trafficking and selling of organs for money

A

Donor ; recipient

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6
Q

The significance of RA 7170 is to authorize and regulate the ________ or _________ of human body or its parts after death or a specified condition thereby securing the safety of the recipient and providing means for transfer.

A

legacy ; donation

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7
Q

What republic act amended the RA 7170?

A

RA 7885 (Corneal Transplant)

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8
Q

What is section 1 of RA 7170?

A

Title - Organ Donation Act of 1991

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9
Q

What is Section 2 of RA 7170?

A

Definition of terms

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10
Q

Section 2 (DOT)
It is referred to as a deceased individual, and includes a still born infant or fetus.

A

Decedent

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11
Q

Section 2 (DOT)
It is referred to as an individual authorized under this Act to donate all or part of the body of decedent

A

Donor

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12
Q

Section 2 (DOT)
It is referred to as 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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13
Q

Section 2 (DOT)
It is referred to as an individual who makes a legacy of all or part of his body

A

Testator

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14
Q

Section 2 (DOT)
It is referred to as 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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15
Q

Section 2 (DOT)
It is referred to as 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.

A

Person

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16
Q

Sections 2 (DOT)
Death is described in the opinion of the attending physician, based on the acceptable standards of medical practice, there is an __________________ and, attempts resuscitation would not be successful in restoring those functions. In this case, death shall be deemed to have occurred at the time these function ceased

A

absence of natural respiratory and cardiac function

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17
Q

Sections 2 (DOT)
Death is described 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 ____________ 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. In this case, death shall be deemed to have occurred at the time when these conditions first appeared.

A

irreversible cessation

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18
Q

What is section 3 of RA 7170?

A

Person Who May Execute a Legacy

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19
Q

Section 2 (DOT)
It is referred to as:
1. pouse
2. son or Daughter of legal age
3. Either parent
4. Brother or sister of legal age
5. Guardian over the person of the decedent at the time of his death

A

Immediate Family

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20
Q

It is referred to as a gift; something transmitted; bequest

A

Legacy

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21
Q

It refers to to whom a legacy is bequeathed;
heir; recipient of a gift

A

Legatee or Donee

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22
Q

It refers to a process of administering an estate

A

Probate (of the will)

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23
Q

Section 3
A person who may execute legacy is any individual with the age of at least ____ years of age and __________, 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.

A

18 y/o and sound mind

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24
Q

What is Section 4 of RA 7170?

A

Person Who May Execute a Donation

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25
Q

Section 4 | subsection (a)
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 for any purpose specified in Section 6 hereof.

A

1) Spouse;
2) Son or Daughter of legal age
3) Either parent
4) Brother or sister of legal age
5) Guardian over the person of the decedent at the time of his death

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26
Q

Section 4 | subsection (a)
The person authorized by subsection (a) of section 4 may make donation __________________ his death

A

after or immediately before

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27
Q

What is Section 5 of RA 7170?

A

Examination of Human Body or Part thereof

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28
Q

Section 5
A legacy or donation of all or part of a human body _________ any examination necessary to assure medical acceptability of the legacy or donation for the purpose(s) intended.

A

authorizes

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29
Q

Section 5
For purposes of this Act, 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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30
Q

What is section 6 of RA 7170?

A

Persons Who May Become Legatees or Donees

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31
Q

Section 6
It is for medical or dental education, research, advancement of medical or dental science, therapy or transplantation;

A

Any hospital, physician or surgeon

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32
Q

Section 6
It is for education, research, advancement of medical or dental science or therapy;

A

Any accredited medical or dental school, colleges or university

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33
Q

Section 6
It is for medical or dental education, research, therapy, or transplantation

A

Any organ bank storage facility

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34
Q

Section 6
It is for therapy or transplantation needed by him

A

Any specified individual

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35
Q

What is Section 7 of RA 7170?

A

Duty of Hospitals

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36
Q

Section 7
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 ____________

A

organ donation program

37
Q

Section 7
The task of hospitals is to introduce the organ donation program in a _______ and _________ manner to the relatives of the donor-decedent enumerated in Section 4 hereof.

A

Humane and delicate

38
Q

Section 7 | T or F
The hospital shall accomplish the necessary form or document as proof of compliance with the above requirement.

A

T

39
Q

What is section 8 of RA 7170?

A

Manner of Executing a Legacy

40
Q

Section 8
Legacy of all or part of the human body under Section 3 hereof maybe made by ______.

A

Legacy of all or part of the human body under Section 3 hereof maybe made by will.

41
Q

Section 8 | T or F
The legacy becomes effective upon the death of the testator with waiting for probate of the will

A

F
(WITHOUT waiting got probate of the will)

42
Q

Section 8 | T or F
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

T

43
Q

Section 8 | T or F
A legacy of all part of the human body under Section 3 hereof may also be made in any document other than the will.

A

T

44
Q

Section 8
The legacy becomes effective upon the _____ of the ________ and shall be respected by and binding upon his executor or administrator, heirs, assign, successors in interest and all members of the family.

A

death of the testator

45
Q

Section 8
The document, which maybe a card or any paper designed to be carried on a person, must be signed by the __________ in the presence of __________ who must sign the document in his presence.

A

testator ; two witnesses

46
Q

Section 8
If the testator cannot sign, the documents may be signed for him at his _______ and in his _________, in the presence of two witnesses who must, likewise, sign the document in the presence of the testator.

A

direction ; presence

47
Q

Section 8 | T or F
Delivery of the document of legacy during the testator’s lifetime is necessary to make the legacy valid.

A

F
(not necessary)

48
Q

Section 8 | T or F
The two witnesses who will sign the documents (if the testator cannot sign) can do the signing with or without the presence of the testator.

A

F
(in the presence of the testator)

49
Q

Section 8 | T or F
The legacy may be made to specify the legatee or without specifying the legatee.

A

T

50
Q

Section 8
If the legacy is made to specify a legatee who is not available at the time and place of the testator’s death, the _______________, in the absence of any expressed indication that the testator desired otherwise, may accept the legacy as legatee

A

attending physician or surgeon

51
Q

Section 8
If the legacy does not specify a legatee, the legacy may be accepted by the ____________ as legatee upon or following the testator’s death.

A

attending physician or surgeon

52
Q

Section 8 | T or F
The physician may become a legatee under this subsection shall participate in the procedures for removing or transplanting a part or parts of the body as decedent

A

F
(shall NOT participate - cuz it’s conflict of interest)

53
Q

Section 8
The testator may designate in his will, card or other document, the _______________ who will carry out the appropriate procedures

A

surgeon or physician

54
Q

Section 8
In the absence of the designation, or if the designee is not available, who may authorize any surgeon or physician for the purpose?

A
  • legatee
  • other persons authorized to accept the legacy
55
Q

What is Section 9 of RA 7170?

A

Manner of Executing a Donation

56
Q

Section 9 | T or F
Any donation by a person authorized under subsection (a) of Section 4 hereof shall be sufficient if it complies with the formalities of a donation of a movable property.

A

T

57
Q

Section 9
In the absence of any of the person specified under Section 4 hereof and in the absence of any document of organ donation, who is allowed to 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?

A

who has custody of the body of the deceased classified as accident, trauma, or other medico-legal cases:

  • physician in charge of the patient
  • the head of the hospital
  • designated officer of the hospital
58
Q

Section 9
Within how many hours shall the physician, head of hospital or officer designated by the hospital for this purpose try to locate the nearest relative (listed in Section 4) or guardian of the decedent at the time of death

A

48 hrs

59
Q

Section 9
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 ____________

A

2 qualified physicians

60
Q

Section 9
The 2 qualified physicians to diagnose and certify the dead person who will donate an organ and the living person to receive the organ shall not be:

A

a. A member of the team of medical practitioners who will effect the removal of the
organ from the body; NOR
b. The physician attending to the recipient of the
organ to be removed; NOR
c. The head of hospital or the designated officer authorizing the removal of the organ.

61
Q

What is Section 10 of RA 7170?

A

Person(s) Authorized to Remove Transplantable Organs

62
Q

Section 10
Who are the only ones allowed to remove and/or transplant any organ which is authorized to be removed and/or transplanted pursuant to Section 5

A

authorized medical practitioners

63
Q

What is Section 11 of RA 7170?

A

Delivery of Document of Legacy or Donation

64
Q

Section 11 | T or F
If the legacy or donation is made to a specified legatee or donee, the will, card or other document, or an executed copy, 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

T

65
Q

Section 11
The will, card or other document, or an executed copy, may be deposited in any _________ or __________ that accepts it for safekeeping or for facilitation or procedures after death.

A

hospital or organ bank storage facility (that accepts it)

66
Q

Section 11
On the other request of any interested party upon or after the testator’s death, the ____________ shall produce the document of legacy or donation for verification

A

person in possession

67
Q

What is Section 12 of RA 7170?

A

Amendment or Revocation of Legacy or Donation

68
Q

Section 12
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
  1. The execution and delivery to the legatee or donee of signed statement to that effect; or
  2. An oral statement to that effect made in the presence of two or other persons and communicated to the legatee or donee ; or
  3. A statement to that effect during a terminal illness or injury addressed to an attending physician and communicated to the legatee or donee ; or
  4. A signed card or document to that effect found on the person or effects of the testator or donor.
69
Q

Section 12 | T or F
Any will, card or other document, or an executed copy, which has not been delivered to the legatee or donee may be revoked by the testator or donor

A

T

70
Q

Section 12
The revocation of legacy or donee may be done in the manner provided in the subsection (a) of Section 12 or by_________, _________ or ________ of the document and all executed copies

A

destruction, cancellation, or mutilation

71
Q

Section 12 | T or F
Any legacy made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection (a) of this Section.

A

T

72
Q

What is Section 13 of RA 7170?

A

Rights and Duties after Death

73
Q

Section 13 | T or F
The legatee or donee is not allowed to reject the legacy or donation as the case may be

A

F (they may accept or reject)

74
Q

Section 13
If the legacy or donation is a part of the body, the __________, upon the death of testator and prior to embalming, shall effect the removal of the part, avoiding unnecessary mutilation

A

legatee or donee,

75
Q

Section 13
After removal of the part, custody of the remainder of the body vests in the _________ or _________ or other persons under obligation to dispose of the body of the decedent.

A

surviving spouse or next of the kin

76
Q

Section 13 | T or F
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

T

77
Q

What is Section 14 of RA 7170?

A

International Sharing of Human Organs or Tissues

78
Q

Section 14
Sharing of human organs or tissues shall be made only through _________ duly approved by the _________

A

exchange programs ; Department of Health

79
Q

Section 14
Sharing of human organs or tissues may be done provided that foreign organs or tissue bank storage facilities and similar establishments grant ____________ to their Philippine counterpartsto draw human organs or tissues at any time

A

reciprocal rights

80
Q

What is Section 15 of RA 7170?

A

Information Drive

81
Q

Section 15
In order that the public will obtain the maximum benefits from this Act, the Department of Health, in cooperation with institutions, like the National Kidney Institute, civic and non-government health organizations and other health related agencies, involved in the donation and transplantation of human organs, shall undertake a _________

A

Public information program

82
Q

Section 15
The ____________, after consultation with all health professionals, both government and private, to make an ____________.

A

Secretary of Health ; appeal to human organ donation

83
Q

What is Section 16 of RA 7170?

A

Rules and Regulations

84
Q

Section 16
Who shall promulgate such rules and regulations as may be necessary or proper to implement this Act?

A

Secretary of Health

85
Q

What is Section 17of RA 7170?

A

Repealing Clause

86
Q

What is Section 18 of RA 7170?

A

Separability Clause

87
Q

What is Section 19 of RA 7170?

A

Effectivity

88
Q

This Act shall take effect after ________ following its publication in the Official Gazette or in at least _______ newspapers of general circulation.

A

15 days ; 2

MT6313 (MT LAWS) (13 decks)

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