Chapter 7

Blood Banking laws

N I KS ON PATAWARA N
T R I SHA A N N L . DUYA
L E E JOOHA N
 Republic of the Philippines
Department of Health
OFFICE OF THE SECRETARY

REPUBLIC ACT NO. 1517

“AN ACT REGULATING THE COLLECTION,

PROCESSING AND SALE OF HUMAN BLOOD, AND
THE ESTABLISHMENT AND OPERATION OF BLOOD
BANKS AND BLOOD PROCESSING
LABORATORIES “
Section 1:
In order to promote public Health, it is declared a national policy to prevent
trafficking in human blood and its products and derivatives
Section 2:
As used in this Act:
“Blood” means human blood, processed or unprocessed, and includes its
products and derivatives.
“Person” includes corporation, partnerships, association, and organizations.
“Cost” means the actual purchase price of unprocessed blood and its handling
charges, such as those of its collection, processing, transportation, and sale, and a
reasonable allowance for spoilage.
Section 3:
It shall be unlawful for any person to establish or operate a blood bank or blood processing
laboratory, or to collect or processes blood if he is not a licensed physician, or to sell blood collected
from another person, even if authorized by the later, without first securing a license from the
Department of Health: Provided, that in cases of emergency, blood transfusion shall be allowed under
the responsibility of the attending physician without such license: and provided, further, that the
persons operating blood banks and blood processing laboratories on the date of the approval of this
Act may continue to operate and same if they secure such license within sixty days from the date of
the issuance of the rules and regulations provided for in section five hereof.
No license shall be granted or renewed by the Department of Health for the establishment or
operation of a blood bank or blood processing laboratory unless such bank or laboratory be
established or operated in accordance with accepted scientific standards, is under the administration,
direction and supervision of a licensed and qualified physician and blood is collected and/or
processed therein by licensed physicians or under their supervision and responsibility.
No license shall be granted or renewed by said Department for the collection and/or processing of
blood unless the licensee complies with the requirements hereinabove established for blood banks
and blood processing laboratories.
Section 4: Blood banks and processing laboratories shall be operated on a non-profit basis. Blood
collecting or processing by other blood collectors or processors or by individual physicians shall
also be on a non-profit basis. Blood shall be sold by such banks and laboratories, other blood
collectors or processors, and individual physicians at cost.

Section 5: The Secretary of Health is charged with the responsibility of strictly enforcing this Act,
and shall issue such rules and regulations as may be necessary to carry out its provisions, including
rules and regulations prescribing, from time to time, the maximum ceilings for handling charges of
blood, such as charges for its collection, processing, storage, transportation, and sale, and a
reasonable allowance for spoilage, which shall be considered as part of the cost of blood.

Section 6: The Secretary of Health is charged with the responsibility of strictly enforcing this Act,
and shall issue such rules and regulations as may be necessary to carry out its provisions, including
rules and regulations prescribing, from time to time, the maximum ceilings for handling charges of
blood, such as charges for its collection, processing, storage, transportation, and sale, and a
reasonable allowance for spoilage, which shall be considered as part of the cost of blood.
Section 7: This Act shall take effect upon its approval.cralaw
Approved: June 16, 1956
 REPUBLIC ACT NO. 7719

AN ACT PROMOTING VOLUNTARY BLOOD DONATION,

PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE BLOOD,
REGULATING BLOOD BANKS, AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.

Be it enacted by the Senate and House of Representatives

of the Philippines in the Congress assemvled:
SECTION 1: “Title” - This Act shall be known as the "National Blood Services Act of 1994".

SECTION 2:
Declaration of Policy. - In order to promote public health, it is hereby declared the policy of the State:
◦ a) to promote and encourage voluntary blood donation by the citizenry and to instill public consciousness of the principle that blood donation is a humanitarian act;
◦ b) to lay down the legal principle that the provision of blood for transfusion is a professional medical service and not a sale of a commodity;
◦ c) to provide for adequate, safe, affordable and equitable distribution of supply of blood and blood products;
◦ d) to inform the public of the need for voluntary blood donation the hazards caused by the commercial sale of blood;
◦ e) to teach the benefits and rationale of voluntary blood donation existing health subjects of the formal education system in all public /private schools, in the
elementary, high school and college levels as the non-formal education system;
◦ f) to mobilize all sectors of the community to participate in mechanisms for voluntary and non-profit collection of blood;
◦ g) to mandate the Department of Health to establish and organize a National Blood Transfusion Service Network in order to rationalize and improve the provision of
adequate and safe supply of blood;
◦ h) to provide for adequate assistance to institutions promoting non-profit blood services, either through a system of reimbursement for costs from patients who can
afford to pay, or donations from governmental and non-governmental entities;
◦ i) to require all blood collection units and blood banks/centers to operate on a non-profit basis;
◦ j) to establish scientific and professional standards for the operation of blood collection units and blood banks/centers in the Philippines;"
◦ k) to regulate and ensure the safety of all activities related to the collection, storage and banking of blood; and
◦ l) to require upgrading of blood banks/centers to include preventive services and education to control spread of blood transfusion transmissible diseases
Section 3:
For purposes of this Act, the following terms shall mean:
◦ a) Blood/blood product – refers to human blood, processed or unprocessed and includes blood components, its
products and derivatives;
◦ b) Blood bank/center – 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;
◦ c) Commercial blood bank – a blood bank that exists for profit;
◦ d) Hospital-based blood bank – a blood bank which is located within the premises of a hospital and which can
perform compatibility testing of blood;
◦ e) Blood collection unit – an institution or facility duly authorized by the Department of Health to recruit and screen
donors and collect blood;
◦ f) Voluntary blood donor – one who donates blood on one’s own volition or initiative and without monetary
compensation;
◦ g) Department – the Department of Health;
◦ h) Blood transfusion transmissible diseases – diseases which may be transmitted as a result of blood transfusion,
including AIDS, Hepatitis-B, Malaria and Syphilis;
◦ i) Secretary of Health – the Secretary of Health or any other person to whom the Secretary delegates the
responsibility of carrying out the provisions of this Act; and
◦ j) Walking Blood Donor – 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.
Section 4: Promotion of Voluntary Blood Donation. – In order to ensure adequate supply of human blood, voluntary
blood donation shall be promoted through the following:

Public Education. – Through an organized and sustained nationwide public education campaign by the Department, the Philippine National Red
Cross (PNRC) and the Philippine Blood Coordinating Council (PBCC), as the lead agencies, other government agencies, local government units
(particularly the barangays), non-governmental organizations, all medical organizations, all public and private hospitals, all health and health-
related institutions, print and broadcast media as well as other sectors. The Department is hereby authorized to set aside funds and generate
financial support for all sectors involved in the collection and processing of blood from voluntary blood donors through a system of
reimbursement for costs for patients who can afford to pay or from donations from government and private institutions. Voluntary donors shall
likewise be provided non-monetary incentives as may be determined by the Department.
Promotion in Schools. – The benefits and rationale of voluntary blood donation shall be included and given emphasis in health subjects of
schools, both public and private, at the elementary, high school and college levels. The Department of Education, Culture and Sports shall also
require such inclusion in its non-formal education curricula.
Professional Education. – The Department, the PBCC, the Philippine Society of Hematology and Blood Transfusion (PSHBT), the Philippine
Society of Pathologists (PSP), the Philippine Medical Association (PMA), the Philippine Association of Medical Technologists (PAMET) and the
Philippine Nursing Association (PNA) are encouraged to conduct for their respective members and as part of the continuing medical education,
trainings on the rational use of blood and blood products including the merits of voluntary blood donation.
Establishment of Blood Services Network. – Blood centers shall be strategically established in every province and city nationwide within the
framework of a National Blood Transfusion Service Network spearheaded by the Department, in coordination with the PNRC. The collection of
blood in various areas in the community, such as schools, business enterprises, barangays, and military camps shall be promoted. The Secretary
shall set the standards for the scientific and professional establishment and operation of blood banks/centers and collection units. The
Department shall provide training programs and technical assistance to enable communities, schools, industrial and business sites, barangays,
military camps and local government units to implement their own voluntary blood donation programs.
Walking Blood Donors. – In areas where there may be inadequate blood banking facilities, the walking blood donor concept shall be
encouraged and all government hospitals, rural-health units, health centers and barangays in these areas shall be required to keep at all times a
list of qualified voluntary blood donors with their specified blood typing.
Section 5: National Voluntary Blood Services Program. – The Department, in cooperation with the
PNRC and PBCC and other government agencies and non-governmental organizations shall plan and
implement a National Voluntary Blood Services Program (NVBSP) to meet in an evolutionary manner,
the needs for blood transfusion in all regions of the country. Funds for this purpose shall be provided
by the Government through the budgetary allocation of the Department, by the Philippine Charity
Sweepstakes Office (PCSO) with an initial amount of at least Twenty-five million pesos (P25,000,000),
by the Philippine Amusement and Gaming Corporation (PAGCOR) with an initial amount of at least
Twenty-five million pesos (P25,000,000), by the trust liability account of the Duty Free Shop (Duty Free
Philippines) with an initial amount of at least Twenty million pesos (P20,000,000) and through
contributions of other agencies such as civic organizations.

Section 6: Upgrading of Services and Facilities. – All blood banks/ centers shall provide preventive
health services such as education and counselling on blood transfusion transmissible diseases. All
government hospitals, including those that have been devolved, shall be required to establish
voluntary blood donation programs and all private hospitals shall be encouraged to establish voluntary
blood donation programs.
The Department, in consultation with the PSHBT and the PSP, shall also establish guidelines for the
rational use of blood and blood products.
Section 7: Phase-out of Commercial Blood Banks. – AH commercial blood banks shall be phased-out over a
period of two (2) years after the effectivity of this Act, extendable to a maximum period of two (2) years by
the Secretary.
Section 8: Non-Profit Operation. – 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 which shall be
limited to the necessary expenses entailed in collecting and processing of blood. Blood shall be collected
from healthy voluntary donors only.

Section 9: Regulation of Blood Sciences. – It shall be unlawful for any person to establish and operate a blood
bank/center unless it is registered and issued a license to operate by the Department: Provided, That in case
of emergencies, blood collection and transfusion under the responsibility of the attending physician shall be
allowed in hospitals without such license under certain conditions prescribed 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. Such blood bank/center shall be under
the management of a licensed and qualified physician duly authorized by the Department.
Section 10: Importation of Blood Bank Equipment, Blood Bags and Reagents. -Upon the
effectivity of this Act, equipment, blood bags and reagents used for the screening and
testing of donors, collection and processing and storage of blood shall be imported tax-
and duty-free by the PNRC, blood banks and hospitals participating actively in the
National Voluntary Blood Services Program. This provision shall be implemented by the
rules and regulations to be promulgated by the Department in consultation and
coordination with the Department of Finance.

Section 11: Rules and Regulations. – The implementation of the provisions of this Act
shall be in accordance with the rules and regulations to be promulgated by the Secretary,
within sixty (60) days from the approval hereof. The 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. The rules and regulations shall prescribe from time to time the
maximum ceiling for fees for the provision of blood, including its collection, processing
and storage, professional services and a reasonable allowance for spoilage.
Section 12: Penalties. – Upon complaint of any person and after due notice and hearing, any blood bank/center
which shall collect charges and fees greater than the maximum prescribed by the Department shall have its
license suspended or revoked by the Secretary.

Any person or persons who shall be responsible for the above violation shall suffer the penalty of imprisonment
of not less than one (1) month nor more than six (6) months, or a fine of not less than Five thousand pesos
(P5,000) nor more than Fifty thousand pesos (P50,000), or both at the discretion of the competent court.
Any person who shall establish and operate a blood bank without securing any license to operate from the
Department or who fails to comply with the standards prescribed by the Department referred to in Section 9
hereof shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day nor more than
twenty (20) years or a fine of not less than Fifty thousand pesos (P50.000) nor more than Five hundred thousand
pesos (P500,000), or both at the discretion of the competent court.
The Secretary, after due notice and hearing, may impose administrative sanctions such as, but not limited to,
fines, suspension, or revocation of license to operate a blood bank/center and to recommend the suspension or
revocation of the license to practice the profession when applicable.
The head of the blood bank and the necessary trained personnel under the head’s direct supervision found
responsible for dispensing, transfusing and failing to dispose, within forty-eight (48) hours, blood which have
been proven contaminated with blood transfusion transmissible diseases shall be imprisoned for ten (10) years.
This is without prejudice to the filing of criminal charges under the Revised Penal Code.
Section 13: Separability Clause. – If any provision of this Act is declared
invalid, the other provisions hereof not affected thereby shall remain in
force and effect.

Section 14: Repealing Clause. – 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.

Section 15: Effectivity Clause. – This Act shall take effect after fifteen (15)
days following its publication in the Official Gazette or in two (2) national
newspapers of general circulation.
 Republic of the Philippines
Department of Health
OFFICE OF THE SECRETARY
Manila
8 August 1994

ADMINISTRATIVE ORDER
No. 36 series of 1994
SUBJECT: Rules and Regulations Implementing Republic Act No.
7719 otherwise known as the
‘NATIONAL BLOOD SERVICES ACT OF 1994’.
Pursuant to section 11 of Republic Act No. 7719, otherwise
known as the National Blood Services Act of 1994, passed by
Senate and the House of Representatives on 28 April 1994 which
took effect on 12 May 1994, the following Rules and Regulations
are hereby adopted.
 CHAPTER 1
TITLE AND APPLICATION
Section 1 Title
These rules shall be known as the “Rules and Regulations Implementing Republic Act No. 7719
otherwise known as the NATIONAL BLOOD SERVICES ACT OF 1994.”

Section 2 Purpose
These Rules and regulations are adopted prescribing the principles, guidelines, procedures and
standards for the implementation of R.A. 7719 to facilitate compliance therewith and achieve the
objective thereof.

Section 3 Scope
These rules shall apply to all hospitals, entities, establishments or institutions, government owned and
operated or private, engaged in blood transfusion services in the Philippines, whether full time or part
time, local or foreign.
Section 4 Definition of Terms
As used in these Rules and Regulations, the terms below shall be defined as follows:

ACT – Republic Act 7719 otherwise known as the “National Blood Services Act of 1994”, unless herein specified;
Department – the department of Health
Secretary of Health - the Secretary of Health or any other person to whom the Secretary delegates the responsibility of
carrying out the provision of this Act;
Blood/Blood Product - refers to human blood, processed or unprocessed and includes blood components, its products and
derivatives;
Blood Transfusion Services - a set of activities and functions related to blood transfusion such as, but not limited to,
motivation and recruitment of donors, blood collection, testing and screening of donor blood, preparation of blood
components, storage and distribution of blood and components, inventory control and quality assurance;
Blood Bank Centers - 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 transmissible diseases;
National Blood Center - refers to the central institution of the National Voluntary Blood Services Program and serves as a
base for development of a network of regional blood centers, also sets as the regional blood center for the region in which
it is situated;
Regional Blood Center - refers to the laboratory or an institution with the responsibility of ensuring a safe, stable and cost –
effective supply of blood and blood products to fulfill the needs of patients in the region; it serves as a base for the
development of a network of blood banks in the region;
Hospital-Based Blood Bank - a blood bank/center which is located and performing blood bank services within the premises of a hospital
and which can perform compatibility testing of blood;
Non-Hospital Based Blood Bank/Center - a blood bank/center which is not located and not performing blood bank services within the
premises of a hospital and is not part of a hospital;
Commercial Blood Bank – a blood bank that exist for profit, money or any material gain earned out of sale of, or exchange for blood or
blood products with profit, money or any material are not used solely for the operation and maintenance of the blood bank services;
Blood Collection Unit – an institution or facility duly authorized by the Department of Health to recruit and screen donors and collect
blood for the blood bank to which it is attached;
Blood Station – a government or private hospital or a Philippine National Red Cross chapter which has not been licensed as a blood
center but has been authorized by the Department to store and issue blood and blood products, and perform compatibility testing, when
necessary, according to specific regulations in Section 40 hereby;
Blood Service and Facility - any unit, office, institution providing any of the blood transfusion services, which can be a Blood Bank/Center,
a Blood Collection Unit or a Blood Stations;
Voluntary Blood Donor - an individual who donates blood on one’s own volition or initiative and not induced, directly or indirectly, in any
manner whatsoever, by any monetary compensation;
Walking Blood Donor - an individual who has been screened by history and physical examination, found to be fit to donate blood, and
included in the list of qualified voluntary donors referred to in Section 4, paragraph (e) of R.A. No. 7719, who is ready to donate blood
when needed in his or her community;
Blood Transfusion Transmissible Disease - diseases which may be transmitted through blood transfusion, including, but not limited to,
Acquired Immune Deficiency Syndrome (AIDS), Hepatitis B, Hepatitis C, malaria and syphilis;