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RA 7170 Organ Donation ACT OF 1991
Organ Donation ACT OF 1991
Course
Medtech (Bsmls 2)
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San Pedro College
Academic year: 2023/2024
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MLS 406 – MEDICAL TECHNOLOGY LAWS AND BIOETHICS
Topic 1 – Republic Act 7170 : ORGAN DONATION ACT OF 1991
Sir Niel John Maravilla
Note: Color Red Texts came from the website or may not be included in the PPT.
IMPORTANT DETAILS
- Date of Approval: January 07, 1992
- Approved by: Corazon C. Aquino
- Total # of Sections: 19 sections
- Purpose: To authorize the legacy or donation of all or part of a human body after death for specified purposes.
Section 1. Title
- This Act shall be known as the “Organ Donation Act of 1991.”
Section 2. Definition of Terms
a) Organ Bank Storage Facility o Licensed, accredited, and approved to store human bodies and/or human body parts.
- With permit to store human organs. (Ex. National Kidney and Transplant Institute) b) Decedent o A deceased individual (includes a stillborn infant or fetus).
- Once na no vital signs (no heart beat) and declared by the doctor of patient’s time of death, ang patient is decedent.
- Dito papasok ang documentations and agreements when it comes to the organt donation c) Testator o An individual who makes a legacy of all or part of his body o Legatee (recipient of legacy) o A legal term to describe a person who will be donating something after his/her death.
- Yung iyong decedent that yung work niya is very risky for example sundalo. According to his last written testament, if may nangyari sa kanya during the war, yung organs niya ay idodonate sa kanyang family.
- Ang family doon is the Legatee.
- Sa testator, meron tayong tinatawag na documentation, this is already a writing stated that may mapagla-anan ang organs.
- Sa Legatee, nakalagay doon ang name sa last will or
testament.
d) Donor
- An individual authorized to donate all or part of the body of the decedent
- Donee (recipient of donation)
- For example, Si Juan dela Cruz (patient) nagkaroon ng aksidente. Hindi siya nakapagawa ng testament. Upon his death, his wife made the decision that yung mga organs pwede idonate sa mga taong nangangailangan. The wife is the donor.
- Gumawa ng last will si Juan dela Cruz, nagpapatunay na kung anong mangyari sa kanya, bibigyan niya ng rights yung kanyang wife na mag take care ng organs niya. So, si Juan dela Cruz ay testator. Mayroong relative si Juan dela Cruz na may kidney disease. Yung asawa ni Juan dela Cruz ay nagbigay tulong sa bata (relative). Yung bata ay yung Donee. e) “Hospital”
- A hospital licensed, accredited or approved under the law, and includes a hospital operated by the Government. f) Part
- Includes transplantable organs, tissues, eyes, bones, arteries,
blood, other fluids, and other portions of the human body.
- Lahat ng parte na intact at pwedeng idonate ay tinatawag na parts.
- Halimbawa, naaksidente si Pedro. Yung kanyang bungo ay na crack, it affects yung eye, nasira ang mata. Is the right eye considered pa rin na ma transplant? No. Kasi meron tayong criteria, na pwede ma transplant or not. g) Person
- 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. h) Physician or Surgeon - a physician or surgeon licensed or authorized to practice medicine under the laws of the Republic of the Philippines. i) Immediate Family of the decedent - the persons enumerated in Section 4(a) of this Act. j) Death - the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem. A person shall be medically and legally dead if either: o In the opinion of the attending physician, based on the acceptable standards of medical practice, there is an absence of natural respiratory and cardiac functions and, attempts at resuscitation would not be successful in restoring those functions. In this case, death shall be deemed to have occurred at the time these functions ceased; or o 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 irreversible cessation of all brain functions; and considering the absence of such functions, further 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. - The death of the person shall be determined in accordance with the acceptable standards of medical practice and shall be diagnosed separately by the attending physician and another consulting physician, both of whom must be appropriately qualified and suitably experienced in the care of such patients. The death shall be recorded in the patient’s medical record. How is Death Determined?
- In the opinion of the attending physician
- Absence of Natural Respiratory and Cardiac functions
- Resuscitation attempts would not be successful
- Wala ng pulso, absent and cardiovascular function. At the same time, hindi na gumiginhawa.
- Restriction in breathing and no pulse, the patient is flatline. We cannot declare death immediately. We need to perform resuscitation. If many times na nag perform. That is the time when the doctor might declare the time of death.
- In the opinion of the consulting physician
- Irreversible cessation of all brain functions
- Resuscitation attempts would not be successful.
- Hindi ka na gumagalaw.
- Hindi ka na makakaramdam. Meaning there is a sensory deprivation. That is for irreversible cessation.
- Kapag unconscious ang patient, the first thing that doctors do is to check the lens of the eye. Kasi the eye will constrict in the presence of light. If the eye will not constrict, that means there is a cessation of brain function.
Section 3. Person Who May Execute A Legacy
Any individual, at least eighteen (18) years of age and of 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. - Who may execute a legacy? o An individual at least 18 years old o Of sound mind
- Example, voluntarily niya magdonate ng organ for the goodness of everyone. That is the time, na mag execute siya ng legacy.
- Unsound mind, pabago-bago ang decision. Allowed ka
lang if aware ka.
- How to execute a legacy?
o Last will and testament o Organ donor card
- Documentation. Nakalagay doona ng lahat ng important details about the donation and the recipient of the legacy. Sometimes, notarized ng lawyer. It is a public document.
- Pwede ang organ donor card, as a basis for legacy. EXECUTION OF LEGACY Legacy may be made through:
- A specified legatee (recipient of the legacy) or without specifying a legatee.
- Pwede yan siya na istipulate yung pangalan ng recipient.
- Si juan dela Cruz ibibigay ang organs sa kay Mocha. That the time na meron tayong specified legatee.
- If nakalagay is, Family Members, especially mother and father. Hindi naka stipulate. Pwede yun siya sa legacy.
- Pwede din, I, Juan dela Cruz, will donate my organs to the institutions for medical research and to help medical students in their profession. Pwede hindi tao, but also the institution ang recipient.
- Testator may designate surgeons/physicians to perform the procedure
- Sino ang gagawa ng procedure?
- The legacy document should be signed by the testator in the presence of two (2) witnesses (of legal age and sound mind)
- Pwede 2 relative/representative ng testator.
- 1 representative for testator and legatee.
- A legacy must be WRITTEN not orally declared.
- The law does not state what particular document it will be written of (e in the paper or anything) therefore you could put it into writing in any form that you want (e in a shirt, wall, paper, any materials provided that you follow the basic requirements. QUESTIONS:
- What if the specified legatee is not around during the death of the testator?
- The attending physician/surgeon will serve as the temporary legatee
- The doctor will be the temporary legatee. Sila muna yung temporary recipient until mahanap ang totoong recipient stipulated in the document.
- What if the testator did not specify a legatee?
- The attending physician/surgeon will serve as the legatee
- A legacy becomes effective after the death of the testator
- As long as buhay pa gumawa ng will (testator) hindi pa guaranteed ang legacy.
Section 4. Person Who May Execute a Donation
Who may execute a donation?
- Legal spouse
- Son or daughter of legal age
- Either parent
- Brother or sister of legal age
- Guardian of the decedent at the time of his death
- The testator is single, the first level of recipient is the parent.
- The testator is married. The first level of recipient is the spouse.
- If incase, single ang testator. The second level of recipient is the siblings.
- If married ang testator. The second level of the recipient is the parents.
- At the absence of parent, spouse, or siblings. It is the legal guardian. (relative or not relative long as guardian of testator)
- What if the nearest kin is absent? Who will execute the donation? o The attending physician o Automatic legatee if the nearest kin is absent o The head of the hospital o Designated officer of the hospital
- BUT FIRST... family of the deceased should be located within 48 hours o This is a requirement of the law.
- For example, nasa malayo pa, they need to travel. It is the doctor who will execute the donation.
- Or walang magpakilala na
- In all organ donations: a. Diagnosis of death should be made separately by two (2) qualified physicians b. These physicians should not be: i. A member of the medical team who will remove the organ ii. The attending physician of the recipient of the organ iii. The head of the hospital/designated officer authorizing the removal of the organ
- Kung may nakastipulate na surgeon or doctor sa will, bawal sila mag create ng diagnosis. Ibang physician ang magbigay ng diagnosis
Section 5. Examination of Human Body or Body Part
Thereof
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. For purposes of this Act, an autopsy 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. - Necessary to ensure medical acceptability - Only trained/qualified personnel shall remove/transplant organs - In case of medico-legal cases o Perform autopsy to determine suitable organs
- We need to test prior to transplantation or prior to storage. Kung ang donor Ninyo is HIV positive, is it possible for transplantation? No! Remember, kailangan icheck ang mga organs for possible infections and possible complications, it will affect another individual. In order to ensure medical acceptability, organs must be free complications.
- Surgeons are allowed to remove or transplant organ as long as qualified.
- Autopsies are done to see if viable pa ba ang organ for transplantation.
Section 6. Persons Who May Become Legatees or
Donees
- Any hospital, physician, or surgeon o For medical or dental education, research, advancement of medical or dental science, therapy or transplantation;
- Any accredited medical or dental school, college, or university o For education, research, advancement of medical or dental science, or therapy;
- Any organ bank storage facility o For medical or dental education, research, therapy, or transplantation; and
- Any specified individual o For therapy or transplantation needed by him.
Section 7. Duty of Hospitals
A hospital authorized to receive organ donations 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. The hospital shall accomplish the necessary form or document as proof of compliance with the above requirement.
Section 8. Manner of Executing a Legacy
(a) Legacy of all or part of the human body under Section 3 hereof may be made by will. The legacy becomes effective upon the death of the
- RECIPROCITY: Pwede mag exchange ng organs from 1 institution or 1 person to another (a) The legatee or donee may accept or reject the legacy or donation as the case may be. If the legacy of donation is of a part of the body, the legatee or donee, upon the death of the testator and prior to embalming, shall effect the removal of the part, avoiding unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body of the decedent. (b) 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.
- HOPE (Human Organ Preservation Effort o Established in 1983 o NKTI program that coordinates organ donation o Retrieval, preservation, and allocation of organs and tissues for clinical transplantation
- Very important because it allows people to coordinate with organ donation
- There are a lot of Filipinos have end stage organ failure. Marami cases ng end stage renal failure. Through this project allows to coordinate with someone who has available kidney for patients who need the organ.
- REPUBLIC ACT 9208 o Anti-trafficking in Person Act
- Some are encouraged to donate the kidney, but the government implemented this law to avoid organ trafficking.
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: Provided, That foreign organ or tissue bank storage facilities and similar establishments grant reciprocal rights to their Philippine counterparts to draw organs or tissues at any time.
Section 15. Information Drive
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, civic and non-government health organizations and other health related agencies, involved in the donation and transplantation of human organs, shall undertake a public information program. The Secretary of Health shall endeavor to persuade all health professionals, both government and private, to make an appeal for human organ donation.
Section 16. Rules and Regulations
The Secretary of Health, 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.
Section 17. Repealing Clause
All laws, decrees, ordinances, rules and regulations, executive or administrative orders, and other presidential issuance inconsistent with this Act, are hereby repealed, amended or modified accordingly.
Section 18. Separability Clause
The provisions of this Act are hereby deemed separable. If any provision hereof should be declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.
Section 19. Effectivity
This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or at least two (2) newspapers of general circulation.
CASE: G. 175540
- Dr. Filoteo Alano v. Zenaida Magud-Logmao
- Issue: To set aside the CA ruling adjudging the petitioner liable for damages
- Facts: o March 1, 1988: Arnelito Logmao, then eighteen (18) years old, was brought to the East Avenue Medical Center (EAMC) in Quezon City by two sidewalk vendors, who allegedly saw the former fall from the overpass near the Farmer’s Market in Cubao, Quezon City o Patient’s data sheet identified the patient as Angelito Lugmoso of Boni Avenue, Mandaluyong o March 2: Logmao was transferred to NKTI o At NKTI, the name Angelito [Logmao] was recorded as Angelito Lugmoso o Dr. Enrique T. Ona, Chairman of the Department of Surgery, observed that the severity of the brain injury of Lugmoso manifested symptoms of brain death. ▪ Should Lugmoso expire despite the necessary medical care and management and he would be found to be a suitable organ donor and his family would consent to organ donation, the organs thus donated could be detached and transplanted promptly to any compatible beneficiary. o Certifications were issued by Channel 4, ABS-CBN and GMA attesting that the request made by the NKTI on March 2, 1988 to air its appeal to locate the family and relatives of Angelito Lugmosos of Boni Avenue, Mandaluyong was accommodated o March 3: Angelito was pronounced dead and then a team of doctors removed the heart, kidneys, pancreas, liver and spleen of Lugmoso; kidneys and pancreas was transplanted immediately to 2 patients. o March 11: NKTI issued a press release announcing its successful double organ transplantation ▪ a cousin of plaintiff, hear the news aired on television that the donor was an eighteen (18) year old boy whose remains were at La Funeraria Oro in Quezon City; the cousin informed Zenaida who went to the funeral home and saw Angelito’s cadaver o April 29: Zenaida filed a complaint for damages and alleged that defendants conspired to remove the organs of Arnelito while the latter was still alive and that they concealed his true identity. o Petitioner instructed his subordinates to “make certain” that “all reasonable efforts” are exerted to locate the patient’s next of kin, even enumerating ways in which to ensure that notices of the death of the patient would reach said relatives.
- SC Verdict o The doctors and personnel of NKTI disseminated notices of the death of respondent’s son to the media and sought the assistance of the appropriate police authorities as early as March 2, 1988 o It should be emphasized that the internal organs of the deceased were removed only after he had been declared brain dead; thus, the emotional pain suffered by the respondent due to the death of her son cannot in any way be attributed to petitioner. Neither can the Court find evidence on record to show that respondent’s emotional suffering at the sight of the pitiful state in which she found her son’s lifeless body be categorically attributed to petitioner’s conduct. lawphil/judjuris/juri2014/apr2014/gr_175540_2014.html
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RA 7170 Organ Donation ACT OF 1991
Course: Medtech (Bsmls 2)
111 Documents
Students shared 111 documents in this course
University: San Pedro College
Was this document helpful?
Transcribed by: Aziza Dorothy B. Dorado
MLS 406 – MEDICAL TECHNOLOGY LAWS AND BIOETHICS
Topic 1 – Republic Act 7170: ORGAN DONATION ACT OF 1991
Sir Niel John Maravilla
Note: Color Red Texts came from the website or may not be included
in the PPT.
IMPORTANT DETAILS
• Date of Approval: January 07, 1992
• Approved by: Corazon C. Aquino
• Total # of Sections: 19 sections
• Purpose: To authorize the legacy or donation of all or part of
a human body after death for specified purposes.
Section 1. Title
• This Act shall be known as the “Organ Donation Act of 1991.”
Section 2. Definition of Terms
a) Organ Bank Storage Facility
o Licensed, accredited, and approved to store
human bodies and/or human body parts.
- With permit to store human organs. (Ex. National Kidney
and Transplant Institute)
b) Decedent
o A deceased individual (includes a stillborn infant
or fetus).
- Once na no vital signs (no heart beat) and declared by the
doctor of patient’s time of death, ang patient is decedent.
- Dito papasok ang documentations and agreements
when it comes to the organt donation
c) Testator
o An individual who makes a legacy of all or part of
his body
o Legatee (recipient of legacy)
o A legal term to describe a person who will be
donating something after his/her death.
- Yung iyong decedent that yung work niya is very risky for
example sundalo. According to his last written testament,
if may nangyari sa kanya during the war, yung organs niya
ay idodonate sa kanyang family.
- Ang family doon is the Legatee.
- Sa testator, meron tayong tinatawag na documentation,
this is already a writing stated that may mapagla-anan
ang organs.
- Sa Legatee, nakalagay doon ang name sa last will or
testament.
d) Donor
• An individual authorized to donate all or part of the body of
the decedent
• Donee (recipient of donation)
- For example, Si Juan dela Cruz (patient) nagkaroon ng
aksidente. Hindi siya nakapagawa ng testament. Upon his
death, his wife made the decision that yung mga organs
pwede idonate sa mga taong nangangailangan. The wife
is the donor.
- Gumawa ng last will si Juan dela Cruz, nagpapatunay na
kung anong mangyari sa kanya, bibigyan niya ng rights
yung kanyang wife na mag take care ng organs niya. So, si
Juan dela Cruz ay testator. Mayroong relative si Juan dela
Cruz na may kidney disease. Yung asawa ni Juan dela Cruz
ay nagbigay tulong sa bata (relative). Yung bata ay yung
Donee.
e) “Hospital”
• A hospital licensed, accredited or approved under the law,
and includes a hospital operated by the Government.
f) Part
• Includes transplantable organs, tissues, eyes, bones, arteries,
blood, other fluids, and other portions of the human body.
- Lahat ng parte na intact at pwedeng idonate ay tinatawag
na parts.
- Halimbawa, naaksidente si Pedro. Yung kanyang bungo
ay na crack, it affects yung eye, nasira ang mata. Is the
right eye considered pa rin na ma transplant? No. Kasi
meron tayong criteria, na pwede ma transplant or not.
g) Person
• 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.
h) Physician or Surgeon
• a physician or surgeon licensed or authorized to practice
medicine under the laws of the Republic of the Philippines.
i) Immediate Family of the decedent
• the persons enumerated in Section 4(a) of this Act.
j) Death
• the irreversible cessation of circulatory and respiratory
functions or the irreversible cessation of all functions of the
entire brain, including the brain stem. A person shall be
medically and legally dead if either:
o In the opinion of the attending physician, based
on the acceptable standards of medical practice,
there is an absence of natural respiratory and
cardiac functions and, attempts at resuscitation
would not be successful in restoring those
functions. In this case, death shall be deemed to
have occurred at the time these functions ceased;
or
o 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 irreversible cessation of all
brain functions; and considering the absence of
such functions, further 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.
• The death of the person shall be determined in accordance
with the acceptable standards of medical practice and shall
be diagnosed separately by the attending physician and
another consulting physician, both of whom must be
appropriately qualified and suitably experienced in the care
of such patients. The death shall be recorded in the patient’s
medical record.
How is Death Determined?
1. In the opinion of the attending physician
• Absence of Natural Respiratory and Cardiac functions
• Resuscitation attempts would not be successful
- Wala ng pulso, absent and cardiovascular function. At the
same time, hindi na gumiginhawa.
- Restriction in breathing and no pulse, the patient is
flatline. We cannot declare death immediately. We need
to perform resuscitation. If many times na nag perform.
That is the time when the doctor might declare the time
of death.
2. In the opinion of the consulting physician
• Irreversible cessation of all brain functions
• Resuscitation attempts would not be successful.
- Hindi ka na gumagalaw.
- Hindi ka na makakaramdam. Meaning there is a sensory
deprivation. That is for irreversible cessation.
- Kapag unconscious ang patient, the first thing that
doctors do is to check the lens of the eye. Kasi the eye will
constrict in the presence of light. If the eye will not
constrict, that means there is a cessation of brain function.
Section 3. Person Who May Execute A Legacy
Any individual, at least eighteen (18) years of age and of 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.
• Who may execute a legacy?
o An individual at least 18 years old
o Of sound mind
- Example, voluntarily niya magdonate ng organ for the
goodness of everyone. That is the time, na mag execute
siya ng legacy.
- Unsound mind, pabago-bago ang decision. Allowed ka
lang if aware ka.
• How to execute a legacy?
