28 April 1995
ADMINISTRATIVE ORDER
No. 9 series 1995
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 the Senate and the House of Representatives on 28 April 1994
which took effect on 12 May 1994, the following Rules and Regulations are hereby
opted.
Chapter I
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:
1. ACT –
Republic Act 7719 otherwise known as the “National Blood Services Act of
1994”, unless herein specified;
2. DEPARTMENT –
the Department of Health;
3. 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;
4. BLOOD/ BLOOD PRODUCT – refers to human blood, processed or unprocessed and includes blood
components, its products and derivatives;
5. 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;
6. 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 transmissible
diseases;
7. HOSPITAL–BASED BLOOD BANK/CENTER – 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;
8. 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;
9. COMMERCIAL BLOOD BANK – a blood bank that exists for profit, money or any
material gain earned out of sale of, or exchange for, blood or blood products
which profit, money or any material gain are not used solely for the operation
and maintenance of the blood bank service;
10. BLOOD COLLECTION UNIT – an institution or facility duly authorized by the
Department of Health to recruit and screen donors and collect blood;
11. 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;
12. BLOOD SERVICE 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 Station;
13. 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
14. 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;
15. BLOOD TRANSFUSION
TRANSMISSIBLE DISEASES – 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;
16. BLOOD BANKING EQUIPMENTS – essential laboratory machines, instruments and
their accessories used in the different steps in the blood banking process such
as those used to centrifuge blood or separate blood into its various
components; preserve blood or blood products in cold storage or freezer; and
perform blood test such as hemoglobin tests and screening tests for blood
transmissible diseases. This equipment also includes those used in specific
supportive processes such as sterilization and sanitary disposal of blood and
blood products.
17. BLOOD BAGS – sterile, sturdy plastic bags containing
anticoagulants which are especially designed for blood collection and transfusion.
Blood bags can either be single or multiple types or have an integral sterile
needle and collection tubing.
18. REAGENTS – substances employed to detect or measure another
substance or convert one substance to another by means of the reaction it
causes. In blood banking, the reagents used are those necessary to measure
hemoglobin; screen for blood transmissible diseases such as HIV, hepatitis,
malaria, syphilis, among others; identify blood groupings; and perform cross–matching
and other immunologic examinations.
Chapter II
NATIONAL VOLUNTARY BLOOD SERVICES PROGRAM
Section
5
NATIONAL
PROGRAM COMMITTEE
1. Composition
A
National Voluntary Blood Services Program Committee is hereby created and shall
be chaired by the Secretary of Health. It shall be composed of, but not limited
to, the Heads of the following Offices and associations:
Department of Education, Culture and Sports
Department of Interior and Local Government
Department of Finance
Department of Social Welfare and Development
Professional Regulation Commission
Philippine National Red Cross
Philippine Blood Coordinating Council
Philippine Society of Hematology and Blood Transfusion
Philippine Society of Pathologists
Philippine Medical Association
Philippine Hospital Association
Philippine Association of Medical Technologists, and
representative
from other societies and cooperating or donor agencies
2. Functions
The
National Voluntary Blood Services Program Committee shall be responsible for
the following:
a. Formulation of a five–year
Directional /Strategic Plan of the National Voluntary Blood Services Program
taking into consideration the 1992 National Blood Services Program Directional
Plan of the Department;
b. Operationalization and
institutionalization of the National Voluntary Blood Services Program including
budgetary allocation for program activities;
c. Monitoring and evaluation of the
National Voluntary Blood Services Program including budgetary allocation for
program activities;
d. Creation of multi–sectoral sub–committees
such as, but not limited to, advocacy and promotion, programming, monitoring
and evaluation and curriculum development
e. Generation of multi–sectoral and
inter–disciplinary support for national activities focused on blood services
including the organization of the National Blood Congress.
3. Meetings
The
National Voluntary Blood Services Program Committee shall meet at least quarterly.
Unscheduled or emergency meetings shall be called upon the discretion of the
chairperson.
Section 6
FIELD REPRESENTATIVE OF
THE NATIONAL COMMITTEE
The Regional Health
Director shall be the field representative of the National Voluntary Blood Services
Program Committee, and such shall coordinate the Voluntary Blood Services
Program activities in the region.
Section 7
DOH PROGRAM MANAGEMENT
1. National Voluntary Blood Services Unit
The
Secretary of Health shall institutionalize a National Voluntary Blood Services
Unit within the organizational structure of the Office of Health Facilities
Standards and Regulation of the Department.
2. Functions
The
unit, as the program management arm of the Department, shall be responsible for
the following:
a. Integration and coordination of
all voluntary blood service program efforts such as, but not limited to,
integration of blood service facilities operations and upgrading;
b. Development of training,
information, education and communication (IEC) materials, program guidelines
and standards especially on preventive services, and pre– and post–donation
counseling for blood transfusion transmissible diseases in coordination with
other health programs and units in the Department;
c. Provision of technical assistance
and training in designing and implementing a voluntary blood donation program
in private hospitals;
d. Preparation of the blood services
operational pan incorporation the activities and needs of the other Department
units and services involved in the blood services programs such as, but not
limited to, the Bureau of Licensure and Regulation, and Hospital Operation and
Management Service;
e. Provision of secretariat services
to the National Voluntary Blood Service Program Committee and as such shall:
(1) Collate and review all annual
operational plans, proposed budgets of the different sub–committees at the
national and sub–national levels;
(2) Propose priorities for budgetary
allocation;
(3) Prepare the consolidated annual
National Voluntary Blood Services Program Plan which shall be submitted during
the first quarter meeting of the National Program Committee for approval;
(4) Coordinate and document all
National Voluntary Blood Service Program Committee and sub–committee meetings
and activities.
Section 8
PROGRAM FUNDING
1. The funds for the National Voluntary Blood Services Program shall be
provided by:
a. The budgetary allocation of the
Department;
b. The Philippine Charity
Sweepstakes Office with the initial amount of at least twenty – five million
pesos (P 25,000,000.00)
c. The Philippine Amusement and
Gaming Corporation with the initial amount of at least twenty–five million
pesos (P 25,000,000.00)
d. The trust liability account of
the Duty Free Shop with the initial amount of at least twenty million pesos (P
20,000,000.00)
e. The contributions of other
agencies such as civic and charitable organizations
2. The National Voluntary Blood Services Program Committee shall work out
a plan with the Philippine Charity Sweepstakes Office, Philippine Amusement and
Gaming Corporation and Duty Free Shop and similar civic and charitable
organizations for continued funding and material support.
3. The utilization of the fund shall be based on the consolidated and
approved National Voluntary Blood Services Program Committee Plan.
4. The Department shall allocate an annual budget for personnel, capital
outlay, infrastructure, maintenance, operating and other expenses to be used by
the program.
5. A trust fund shall be established for the National Voluntary Blood
Services Program at the national level and at the level of the different blood
service facilities of the Department out of the donations generated by the
office and/or the facility. Use of funds shall be based on the operational plan
of the different sub–committees and blood service facilities concerned.
Chapter III
PROMOTION OF VOLUNTARY BLOOD DONATION
Section 9
PUBLIC INFORMATION AND
EDUCATION
1. Composition
The
National Advocacy and Promotion sub–committee shall be composed of, but not
limited to, representatives of the Department of Health, the Philippine
National Red Cross (PNRC), the Philippine Blood Coordinating Council (PBCC),
the Philippine Information Agency, and other similar organizations whose
activities are related to advocacy and promotion of voluntary blood donation.
2. Functions
The
National Advocacy and Promotion sub–committee shall be responsible for the
following:
a. Preparation of a five–year advocacy and promotion plan based on the
National Voluntary Blood Services Program five–year directional/ strategic plan
which shall be submitted to the Secretary of Health for approval;
b. Formulation of designs for non–monetary or non–profit oriented incentives
for voluntary blood donors such as, but not limited to, Blood Assurance Plans;
c. Planning, coordination, monitoring and evaluation of the national
advocacy and promotion activities;
3. Regional Counterpart
The
Regional Advocacy and Promotion sub–committees shall be created in each region
of the country with similar corresponding composition as that of the National
Advocacy and Promotion sub–committee but may be expanded to include other
organizations. In turn, the Regional Advocacy and Promotion sub–committee shall
encourage the creation of similar committees at the provincial and city levels.
The
Regional Advocacy and Promotion sub–committee shall be chaired by the
representative of the Department of Health and shall have the following
responsibilities:
a. Formulation of the regional
advocacy and promotion operational plan which shall be submitted to the
Regional Health Director for approval and endorsement to the National Voluntary
Blood Services Program Committee;
b. Implementation, monitoring and
evaluation of the regional advocacy and promotion activities;
Section 10
PROMOTION IN SCHOOLS
AND COMMUNITIES
1. Composition
The
National Voluntary Blood Services Program sub–committee on Curriculum
Development shall be chaired by the Secretary of Education and shall be
composed of members including, but not limited to, the representatives from
the:
Department of Health
Philippine Society of Hematology and Blood Transfusion
Philippine Society of Pathologists
Philippine Association of Medical Technologists
Philippine Association of Schools of Medical
Technology and Public Health
Philippine Nursing Association
Association of Philippine Medical Colleges
Philippine Medical Association
Philippine National Red Cross
2. Functions
This
sub–committee shall be responsible for the following:
a. Development, printing and distribution of instructional materials and methods
focused on voluntary blood donation for integration into the health subjects of
all schools, public or private, and at all levels of education, formal or non–formal;
b. Orientation and/or training of teachers on the utilization of such
materials and methods;
c. Monitoring of the use and effectiveness of such materials and methods
in terms of process and product, and continuing revision of such as necessary;
d. Preparation and submission to the National Voluntary Blood Services
Unit of the annual budgetary requirements for the promotion of voluntary blood
services in the schools.
3. Training Programs and Technical Assistance
The
Department shall likewise provide training programs and technical assistance to
enable communities, schools, industrial and business sectors, barangays,
military groups and local government units to implement their own voluntary
blood donation programs.
Section 11
PROFESSIONAL EDUCATION
AND RATIONAL USE OF BLOOD AND BLOOD PRODUCTS
1. Role of the PRC
The
Professional Regulation Commission (PRC) shall encourage all medical and other
health professional associations and societies especially those accredited by
the PRC to conduct trainings on rational use of blood and blood products
including the benefits of voluntary blood donation for their respective members
as part of the continuing professional education.
The
PRC shall provide equivalent continuing professional education units for all
training courses on rational use of blood and blood products.
2. Role of Professional Societies and Association
All
medical and other health professional associations and societies whose
activities are related to professional education and blood transfusion shall be
encouraged to conduct trainings and seminars on the rational use of blood and
blood products including the dangers of commercial blood and the benefits of
voluntary blood donation for their respective members as part of their
continuing professional education activities and residency programs.
Through
sub–committee created by the National Voluntary Blood Services Program
Committee, technical manuals and training modules for health professionals on
the “Rational Use of Blood and Blood Products and Blood Transfusion Medicine”
shall be developed involving various professional societies and associations.
3. Role of the Department of Health
The
Secretary of Health shall ensure the conduct of trainings on rational use of
blood and blood products, on the practice of blood transfusion medicine, and on
the merits of voluntary blood donation for the health personnel.
The
Department shall require training hospitals to conduct continuing professional
education programs and trainings on the rational use of blood and blood
products and the merits of voluntary blood donation as one of the prerequisite
for licensure of hospitals. It shall also provide guidelines for the inclusion
of the rational blood and blood products use and the merits of voluntary blood
donation in the examination for residency training admission and the monitoring
of such activities in hospitals.
The
Department shall require the establishment of a hospital Blood Transfusion
Committee as a prerequisite for licensure of teaching/training hospitals and
hospitals with blood banks/centers.
4. Composition and functions of the Hospital Blood
Transfusion Committee
The
Hospital Blood Transfusion Committee shall be composed of, but not limited to:
· Physicians from the Department of Pediatrics, Medicine, Surgery,
Obstetrics and Gynecology and Pathology
· Hematology Consultant
· Representative from the Nursing service
· Hospital Medical Training Officer
· Blood Service Quality Assurance Officer
The
Hospital Blood Transfusion Committee shall be primarily responsible for the
establishment of hospital policies and guidelines for blood transfusion therapy
and monitoring and audit of the use of blood and blood products within the
facility according to the Standard Operating Manual on Blood Services of the
BRL.
Chapter IV
BLOOD SERVICES NETWORK AND BLOOD DONOR RECRUITMENT
Section 12
ESTABLISHMENT OF BLOOD
SERVICES NETWORK
There shall be
established, in coordination with the local PNRC, a Regional Blood Service
Network which shall be chaired by the Regional Health Director. The Regional
Blood Services Network shall be the venue for the following:
1. Review of the existing linkages among blood service facilities and
requirements for blood within their respective regions;
2. Formulation of a design for a blood collection and distribution scheme
for the region;
3. Designation and authorization of different blood service facilities
according to geographic location, to complementary tasks and other related
undertakings;
4. Review of the annual consolidated Regional Blood Services Operational
Plan which will be recommended for funding to the National Program Committee
Section 13
BLOOD DONOR RECRUITMENT
The Department shall adopt
a system of procedures or programs to promote blood donor recruitment and
ensure the increase in the number of retention of voluntary blood donors as
follows:
1. The Department shall coordinate with heads of agencies, institutions,
offices, organizations, business establishments and communities, be they
government or non–government, and encourage them to actively participate in
donor recruitment in order to secure commitments to regular blood donations in
their particularly designated blood services facility;
2. The Department in collaboration with the Philippine National Red Cross
shall be the lead agency in the celebration of the Blood Donor’s Week which
shall he held annually on the second week of July. During the Blood Donor’s
Week, the Department, in coordination with other agencies, shall adopt a
program or system of awards, rites, ceremonies or activities in special recognition
of the voluntary blood donors;
3. The Department shall coordinate the professionalization of voluntary
blood donors, health educators and donor recruiters through organized training
activities;
4. The Department shall encourage and convince local government units to
pass ordinances or resolutions that will promote the walking blood donor
concept such as, but not limited to, the mandatory keeping of a list of
qualified voluntary blood donors in the government
hospitals, rural health units, health centers and barangays, and the conduct of
mass blood typing activities in areas where there are no adequate blood service
facilities
Chapter V
UPGRADING OF SERVICES AND FACILITIES
Section 14
MONITORING AND
EVALUATION SUB–COMMITTEE
1. Composition
The
Monitoring and Evaluation sub–committee shall be composed of, but not limited
to, representatives from the:
·
Department of Health
·
Department of Education
·
Philippine National Red Cross
·
Philippine Blood Coordinating Council
·
Other agencies, professional organizations and societies
This
sub–committee may require status reports, when deemed appropriate from various
agency units such as, but not limited to, the Hospital Operation and Management
Service, the Bureau of Licensure and Regulation and the Bureau of Research and
Laboratories of the Department
2. Functions
The
Monitoring and Evaluation sub–committee shall
a. Design an upgrading and development plan to ensure, at all times,
better quality blood services.
b. Set a criteria of indicators to monitor the progress or success in
meeting the requirements of upgrading of blood services facilities;
c. Monitor all continuing professional education activities;
d. Coordinate all studies and reviews related to the upgrading of blood
service facilities.
e. Review the non–monetary incentives for voluntary blood donors and
recommend changes when necessary.
Section 15
DEPARTMENT OF HEALTH
REGIONAL HOSPITALS AND MEDICAL CENTERS
As much as possible, all
regional hospitals and medical centers of the Department shall upgrade to
Hospital–Based Category B Blood Banks/Centers in accordance with the
requirements of section 28 and 29 of these Implementing Rules and Regulations.
Section 16
PROVINCIAL AND DISTRICT
HOSPITALS
The Department shall
assist in the upgrading of provincial and district hospitals to meet the blood
transfusion services requirement in the area especially by providing technical
assistance, training and mobilizing resources.
Section 17
BLOOD BANKS/CENTERS
WITH SPECIAL FUNCTIONS
1. One Blood Bank/Center shall be designed as the National Blood Center
and shall be developed to be able to perform more specialized function such as,
but not limited to:
a. Preparation of special plasma derivatives;
b. Performance of special confirmatory and reference blood tests;
c. Conduct of highly technical specialist on–the–job training courses;
d. Conduct of research and special studies
2.
At least one Blood Bank/Center in every geographical region shall be
designated as the Regional Blood Center and shall be developed to perform
special functions such as, but not limited to:
a. Preparation and distribution of blood components for other hospitals
within the region;
b. Training and supervisory function over the other Blood Banks/Centers
within the region;
c. Research
Section 18
LICENSING OF PRIVATE
HOSPITALS
The Department, through
the Bureau of Licensure and Regulation, shall require private hospitals to
submit their Voluntary Blood Donation Program Plan.
Section 19
LICENSING OF GOVERNMENT
HOSPITALS
The Department, through
the Bureau of Licensure and Regulation, shall require all government hospitals
to submit a Voluntary Blood Donation Program Plan. The application for renewal
of their licenses shall be accompanied by the following:
1. Preceding year’s voluntary blood donation program report according to
the format designed by the Monitoring and Evaluation sub–committee.
2. Bureau of Licensure and Regulation monitoring visit report for the
preceding year.
Section 20
PHILIPPINE NATIONAL RED
CROSS
The Department shall
assist the PNRC in mobilizing resources and in the upgrading their facilities
or chapter by facilitating linkages with private or government hospitals with
laboratory facilities and trained personnel.
Section 21
PREVENTIVE SERVICES
All blood service
facilities shall provide preventive health services such as education and pre–
and post–donation counseling on blood transfusion transmissible diseases in
line with the guidelines and standards of the National Voluntary Blood Services
Unit.
Section 22
RECOGNITION AWARDS
The Department, in
coordination with the PNRC, shall grant seals of excellence in recognition of
outstanding service of blood service facilities to be awarded in a formal
ceremony as part of the Blood Donor’s week.
Chapter VI
PHASE–OUT OF COMMERCIAL BLOOD BANKS
Section 23
PROCESS OF PHASING OUT
The Department shall affect
the phasing–out of all commercial blood banks over a period of two (2) years,
extendable for a maximum period of (2) year after the effectivity of R.A. 7719.
The decision to extend shall be based on the result of a careful study and
review of the blood supply and demand and public safety.
Section 24
OPTIONS FOR COMMERCIAL
BLOOD BANKS
The Department shall
encourage and assist existing commercial blood banks to convert to solely
clinical laboratories in order to ensure job security of their personnel and
allow a reasonable return on their investment on training and equipment.
Chapter VII
NON–PROFIT OPERATION
Section 25
OPERATION AND
MAINTENANCE OF BLOOD SERVICE FACILITIES
The operation and
maintenance of all blood service facilities and any other entities, agencies,
establishments engaged in blood services and covered by these Rules shall be
non – profit, provided that, service fees may be collected, but not greater
than the amount prescribed by the Department, which shall be limited to the
necessary expenses entailed in the collection and processing of blood and
reasonable fees for maintaining and upgrading facilities and services. Blood
shall be collected from healthy voluntary donors only.
The BRL Director shall
issue Bureau Orders on the schedule of standard fees as stated in section 35.
Chapter VIII
REGULATION OF BLOOD SERVICES
Section 26
REGULATORY AUTHORITY
The licensing and
regulatory functions of the Department of Health regulating blood services
shall be exercised through the Bureau of Research and Laboratories (BRL) in the
Office of Health Facilities Standards and Regulations, and as such, it is
hereby authorized to issue orders and circulars providing for implementation
details and specific technical requirements related to licensing and
regulation.
Section 27
CATEGORIES OF BLOOD
SERVICE CAPABILITIES
Blood service capabilities
shall be classified into categories as follows:
A.
BLOOD BANK/CENTER:
A
Blood Bank/Center may either be hospital–based or non–hospital–based
and may be licensed as Category A or B when it meets the minimum required
service capabilities set forth hereunder:
1. A blood bank/center shall be considered non–hospital based category
A when it can and is performing the following:
a. Recruitment of voluntary donors
b. Health education and counseling
c. Donor screening and selection
d. Blood collection
e. Basic blood processing and
testing
f. Provision of whole blood and
packed RBC
g. Issuance, transport and
distribution of blood/blood products
h. Storage of blood/blood products
2. Non–hospital Based Category B when,
in addition to those performed under the Non –hospital Based Category A, it is
capable of providing, in addition to whole blood, all blood products and
components.
3. Hospital–Based Category A
when, in addition to those performed under the Non– hospital Based Category A,
it is capable of performing compatibility–testing.
4. Hospital–Based Category B
when, in addition to those performed under the Hospital –based Category A, it
is capable of providing, in addition to whole blood, all blood products and
components; and of performing investigation of transfusion reactions and
resolution of incompatible cross–matching results.
B.
BLOOD COLLECTION UNITS
In
coordination with other related or appropriate agencies, the Blood
Banks/Centers shall organize and establish Blood Collection Units (BCU) which is
authorized to perform the following:
1.
Recruitment of voluntary blood donors
2.
Screening of blood donors
3.
Provision of health education and counselling
4.
Collection and transport of blood to Blood Banks/Centers
C.
BLOOD STATION
All
other hospitals and PNRC chapters rendering blood services not classified as a
Blood Bank/Center or Blood Collection Unit may be allowed by these rules to
store blood and blood products, subject to regulation by the BRL. Further, duly–authorized
Blood Stations (BS) shall be properly identified and specified for each Blood
Bank/Center.
Section 28
REQUIREMENTS FOR NEW
LICENSE
A Blood Bank/Center may be
granted a license to operate only if it shall have complied with the following
minimum requirements:
1. MINIMUM NUMBER AND QUALIFICATION OF PERSONNEL
The
minimum number of staff with their corresponding qualifications for each
category of Blood Bank/Center shall be as follows:
a. Category A Hospital and Non–hospital Based Blood
Bank/Center:
The
overall supervision and management shall be under a competent physician duly
registered by the Professional Regulation Commission (PRC) with a valid
certificate of registration and a valid professional license, who has at least
six (6) months training in blood banking services under an institution or
agency recognized by the BRL.
The
Blood Bank/Center shall have at least one (1) Trained Medical Technologist
duly registered by the PRC with a valid certificate and a valid professional
license, who has at least one (1) year on–the–job training or experience in
blood banking services under an institution or agency recognized by the BRL.
The
Blood Bank/Center shall also have at least one other (1) Medical
Technologist or Medical Laboratory Technician duly registered by the PRC
with a valid certificate and a valid professional license. Pursuant to the
Medical Technology Law (R.A. No. 005527), the Medical Laboratory Technician
shall be under the responsibility of the Trained Medical Technologist.
b. Category B Non–hospital Based Blood Bank/Center
The
minimum personnel requirements for Category A Blood Banks/Centers (Section
28[2a] shall also be required of Category B Non–hospital Based Blood
Banks/Centers.
In
addition to the foregoing, the laboratory and blood processing section of the
Category B Non–hospital Based Blood Bank/Center shall be managed by and under
the direct and regular supervision and of a PRC–registered and licensed
physician certified by the Philippine Board of Pathology in Clinical or Anatomical
Pathology with at least 6 months additional training in blood banking from a
training institution recognized by the BRL, and/or the Philippine Board of
Hematology and Blood Transfusion in Blood Banking. However, if the overall
supervisor of the Blood Bank/Center is already a pathologist trained in blood
banking or a hematologist, this additional requirement will not be necessary.
c. Category B Hospital Based Blood Bank/Center
The
overall supervision and management shall be under a PRC–registered and licensed
physician with a valid certificate in Clinical or Anatomical Pathology from the
Philippine Board of Pathology with at least 6 months additional training in
blood banking from a training institution recognized by the BRL, and/or a certificate
in Blood Banking from the Philippine Board of Hematology.
The
Blood Banks/Centers in this category shall also have one (1) Trained Medical
Technologist and one (1) other Medical Technologist or Medical Laboratory
Technician with the same qualifications as those required for a Category A
Blood Bank/Center.
2. STAFF DEVELOPMENT PLAN
The
Blood Bank/Center shall prepare a one (1) year staff development plan for all
categories of personnel.
3. PHYSICAL FACILITIES, EQUIPMENT AND SUPPLIES
a. All Blood Banks/Center shall operate and maintain blood bank services
under good physical conditions and with adequate physical facilities, equipment
and supplies. Specifications for these shall be defined in appropriate BRL
Bureau Orders and shall be included in the Manual on Standard Operating
Procedures on Blood Services of the BRL (Section 38).
b. All Blood Banks/Centers, Blood Collection Units and Blood Stations
shall have a regular schedule, and a written record, of maintenance and service
of all equipment and instruments used in blood bank services.
c. There shall also be a written and readily available contingency program
in case an instrument or equipment becomes incapacitated or unavailable.
4. BIOSAFETY
Safety
precautions shall be followed in all Blood Banks/Centers at all times. This
shall include, but shall not be limited to, prominent display of easily
understandable posters on safety procedures; wearing of protective clothing and
gadgets such as laboratory gowns, gloves, masks, and eye protectors; and
adherence to clear and acceptable procedures and physical arrangements for
decontamination and disposal of contaminated materials such as blood,
equipment, clothing and other supplies.
5. QUALITY CONTROL
All
the technical staff of the Blood Bank/Center shall have satisfactorily passed
the minimum proficiency test given by the BRL or any of its certified
proficiency testing agencies.
Adequacy
of quality control procedures of each Blood Bank/Center shall be assess based
on their compliance with quality control standards set by the BRL, including
but not limited to, the use of quality reagents, techniques and equipment; the
presence of an adequately trained and competent Quality Assurance Officer; the
acceptability of procedures and arrangements for internal and externa
calibration and maintenance procedures; the adequacy of documentation of
accountability in key steps and procedures; and the acceptability of procedures
for reporting errors and instituting remedial action.
6. RECORDING, REPORTING AND DOCUMENTATION REQUIREMENTS
All
Blood Banks/Centers shall follow standard recording, reporting and
documentation formats and procedures and other documentation requirements of
the BRL which shall be described in appropriate BRL Bureau Orders and included
in the SOP Manual on Blood Services of the BRL (Section 38).
All
entries in the application forms, logbooks, reports and other written documents
should be true and correct.
7. BLOOD DISTRIBUTION AND TRANSPORT REQUIREMENTS:
Blood
shall be distributed to the hospitals, not to individuals or patients.
The
blood distribution scheme of each Blood Bank/Center shall be clearly described
and shall include the complete list of authorized Blood Stations strategically
located to provide maximum equitable distribution of blood to its catchment
area and the names and qualifications of the person authorized to handle
transport or issue blood.
Blood
shall be issued only to authorize Blood Stations except during emergency
conditions such as disasters and major accidents, breakdown of equipment or
facilities in other Blood Banks/Centers, and other similar circumstances.
The
Blood Bank/Center shall have adequate facilities and arrangements for keeping
blood and blood products under appropriate refrigeration during transport and
storage following the principles of an unbroken cold storage chain.
No
untrained person shall be allowed to handle, transport or issue blood and blood
products.
8. BLOOD TRANSFUSION COMMITTEE
Blood
Banks/Centers shall have organized Blood Transfusion Committees. The names of
committee members, their corresponding qualifications and tasks and functions
shall be submitted upon application for license.
9. PREVENTIVE SERVICES
All
Blood Banks/Centers shall have adequate and effective health education and
counseling services and materials. Health education should cover the benefits
of blood donation; the social behaviors that increase the risk of acquiring
blood – borne diseases; and the effective measures of preventing disease
transmission.
Counselling
of donors found to have infectious blood–borne diseases should include advice
on the nature of the disease, the basic treatment and management options and
referral to clinics, hospitals or physicians for continuing treatment and
clinical management. The principle of confidentiality, especially for AIDS
patients, shall be upheld.
10. NETWORKING
Blood
Banks/Centers shall have clear arrangements for continuing staff training on
blood banking and rational blood use, sharing of manpower and other resources,
geographical coordination of donor recruitment, complete list of authorized
strategically –located Blood Collection Units and laboratory referral
arrangements.
Section 29
REQUIREMENTS FOR
RENEWAL OF LICENSE
The license of Blood
Bank/Center to operate may be renewed only if it shall have complied with all
the requirements for a new license with the following additions or
modifications:
1. All the technical staff of the Blood Bank/Center shall have passed the
basic proficiency tests the previous year.
2. The Blood Bank/Center shall have achieved at least 70% of the staff
development plan targets.
3. The Blood Bank/Center shall have bled only voluntary blood donors the
previous year, including those bled in its authorized Blood Collection Units.
4. The complete annual report of the preceding year’s operations shall
have been submitted on or before January 31 of the succeeding year, following
the required format (BRL Blood Services Form No. 3)
5. The inspection visit shall have confirmed that the Blood Bank/Center
has continued to operate under good physical conditions and according to
prescribed technical and operating standards.
6. The Blood Bank/Center has been shown to collet only the allowable
service fee for each blood unit dispensed.
Section 30
TERMS AND CONDITIONS OF
LICENSING
The following are the
terms and conditions of licensing:
1. In regions outside the National Capital Region, the Regional Health
Director shall be the designated representative of the Director of the BRL in
the licensing and regulation of Blood Banks/Centers.
2. Applications for new license shall be addressed and submitted to the
Director of the BRL. Applications for renewal of license shall be officially
addressed to the Director of the BRL and submitted, for Blood Banks/Centers in
Metro Manila, directly to the BRL; or, for Blood Banks/Centers in other
regions, to the Regional Health Directors.
3. A license to operate a Blood Bank/Center shall be valid for one year
from the date of issue and shall be signed by the Undersecretary of Health for
Health Facilities Standards and Regulations and issued to persons, agencies or
corporations who have successfully complied with all of the standards and
requirements listed in Section 28 or 29, as appropriate.
4. The exact date of expiration of the license shall be printed on the
license.
5. Assessment of a Blood Bank/Center for initial licensing and renewal of
license shall involve evaluation of documents and at least once a year actual
inspection of the facility by authorized BRL inspectors.
6. The license, as well as the rights under the license, is non–transferrable,
directly or indirectly.
7. The license of the Blood Bank/Center shall be displayed in a
conspicuous place within the Blood Bank/Center. A notice shall be posted
informing the public that complaints about the services may be addressed to the
Director of the Bureau of Research and Laboratories.
8. A non–refundable license fee of six hundred pesos (P600) shall be
charged on application for a license to open and operate a Blood Bank/Center
and four hundred pesos (P400) for renewal of license. The license fee shall
cover the cost of inspection and printing of special license certificates and
other required forms and documents.
A
non–refundable proficiency testing fee shall also be charged to cover the cost
of materials and supplies especially reagents used during the proficiency
testing. The proficiency test fess shall be two thousand pesos (P2,000) per
bank/center.
The
fees shall be uniform for both government and private Blood Banks/Centers and
shall be adjusted by the BRL through appropriate Bureau Orders as necessary.
All fees shall be payable to the Bureau of Research and Laboratories.
Section 31
THE LICENSING PROCESS
The following shall be
the process of licensing:
1. INITIAL APPLICATION
Any
person, agency, or corporation desiring to operate a Blood Bank/Center shall
submit to the BRL a duly–accomplished and notarized BRL Blood Services Form No.
1 (Application for New Blood Center License) together with the following
supporting documents:
a. Certified true copy of Securities and Exchange Commission registration
(if a corporation or a foundation);
b. Names and qualifications of proposed staff, including certified true
copies of PRC certificate of registration and professional license; PSP or
PSHBT certification; results of proficiency tests, and other certificates of
training, as appropriate and applicable;
c. Floor diagram of proposed premises;
d. List of equipment for blood services;
e. Biosafety and Quality Control arrangements and procedures.
f. List of Blood Collection Units (Names of head, qualifications and
complete addresses);
g. Names and tasks of the members of the BTC (hospital – based only) ;
2. APPLICATION FOR RENEWAL OF LICENSE
Any
person, agency, or corporation desiring to renew its license to operate a Blood
Bank/Center shall submit to the BRL or the Regional Health Director, as
appropriate, a duly–accomplished and notarized BRL Blood Services Form No. 2
(Application for Renewal of Blood Center License) together with the following
supporting documents:
a. Names, qualification and proofs of qualifications of new staff and any
staff changes (e.g. resignations, additional trainings or qualifications for
existing staff);
b. Changes (improvements or deterioration) in existing physical facilities
and functioning of facilities and equipment;
c. Newly acquired equipment and facilities;
d. Annual Report on Blood Services for the previous year (BRL Blood
Services Form No. 3);
e. Certified true copy of hospital license for preceding year (hospital–based
only);
f. Names and addresses of regular blood donors who donate at least twice a
year;
g. Any changes in the list of authorized Blood Collection Units and Blood
Stations (deletions or additions only);
h. Any other changes in blood banking operations and services;
3.
INSPECTION
a. Each Blood Bank/Center shall be
visited by an authorized BRL inspector at least once before initial licensing
and once a year for the renewal of license. Those who failed to apply for
renewal of license within the prescribed period shall also be visited within
the year to confirm that blood operations have been ceased.
b. Only inspector who have
satisfactorily completed the BRL Course for Blood Bank/Center Inspectors are
qualified to inspect Blood Banks/Center and other blood service facilities. A
productivity incentive pay of fifty pesos (P50) for every blood bank/center
inspected properly and thoroughly may be allowed subject to the usual auditing
and accounting procedures and to availability of funds of the agency where the
inspector comes from.
c. For applicants desiring to open a
Blood Bank/Center (i.e. new license), inspection shall be done only if
applicants have fulfilled all the basic written requirements.
d. Inspection of licensed blood
bank/center shall be done while its activities are going on and shall be
unannounced. Each licensee shall make available all records and documents as
may be required by the authorized BRL inspectors upon presentation of a valid
inspection mission order signed by the Secretary or his authorized
representative.
4. TIMETABLE FOR APPLICATION AND INSPECTION
a. Applications for new license may be submitted any time.
b. Applications for renewal of license should be submitted within the two
(2) months prior to the expiration date of the current license. Blood
Banks/Centers which fail to submit an application for renewal within the
prescribed two–month period shall be considered as “Blood Banks/Centers
operating without a license” when their current license expires and shall be
subject to the penalties for such violation.
5.
RELEASE
a. Licenses shall be released only
to the heads of the Blood Bank/Center or their officially designated
representatives not later than two (2) weeks after the completion of the
inspection visit.
b. Applicants for new license who,
upon inspection, did not meet all of the prescribed standards shall receive a
letter from the Director of the BRL or the Regional Health Director stating the
requirements which the Blood Bank/Center failed to meet.
c. Applicants for renewal of license
who, upon inspection, did not meet all of the prescribed standards shall
receive, aside from the letter stating their deficiencies, an order signed by
the BRL Director or respective Regional Health Director, to cease blood banking
operations immediately. These blood centers shall also be revisited within one
month after release of the order to stop operations for confirmation of
compliance with the order.
Section 32
TRANSITION PERIOD FOR
CONFIRMATION OF LICENSES
The year nineteen ninety–five
to nineteen ninety–six (1995 –1996) shall be the transition years for
confirmation of compliance to the new licensure requirements of existing Blood
Banks/Centers. During this transition period, the documents, forms and process
for renewal of licenses shall follow the procedures for new licenses.
Existing Blood
Banks/Centers which will fail to meet all of the new or additional requirements
may still be allowed to operate within this two–year period provided such
banks/centers submit a plant to upgrade their services and facilities according
to the prescribed standards.
Starting January 1, 1997,
all licensure requirements will be imposed without exemption.
Section 33
PHASE OUT OF COMMERCIAL
BLOOD BANKS
No new license shall be
issued for a commercial blood bank
Renewal of license of
existing commercial blood banks beginning 01 January 1995 shall upon compliance
with the new requirements under these Rules and Regulations subject to the
provisions of Section 32 thereof.
Section 34
APPEALS AND REPORTS ON
VIOLATION
Reports on violations or
R.A. 7719 and these Rules and Regulations shall be addressed to the Secretary
of Health and the National Director of the Bureau of Research and Laboratories.
The Secretary or the
National Director of the BRL may request for police assistance from the
National Bureau of Investigation and/or the Philippine National Police for the
effective enforcement of R.A. 7719 and these Implementing Rules and
Regulations.
Section 35
ALLOWABLE SERVICE FEES
1. The blood service facility may collect a reasonable service fee for
every blood or blood product issued which shall not be greater than the maximum
prescribed by the Department of Health and implemented through an appropriate
BRL Bureau Order issued by the Director of the BRL. The maximum allowable
service fee shall be adjusted from time to time specifying the basic
requirements and special tests not covered by the service fee.
2. The BRL shall determine the basic required donor and blood screening
tests and procedures through a thorough analysis and research information such
as disease prevalence studies and risk estimates, consultations with technical
experts and careful evaluation of the optimum benefits from the expected cost
of these tests.
3. The maximum allowable service fee shall be calculated by the BRL based
on a study of the direct and indirect costs of running a standard blood bank
with basic, minimum staffing and facilities and corresponding maximum workload.
Direct
costs shall include those expenses incurred in collecting and processing blood
– from donor recruitment, blood collection, blood screening, component
preparation, storage and distribution, with allowance for spoilage, and
professional services. These shall not include cost of cross–matching and other
special screening and compatibility testing. Indirect costs shall include
reasonable expenses needed to maintain and upgrade services such as salary of
staff and repair of equipment.
4. The direct and indirect costs shall be estimated for every unit of
blood collected, processed and distributed.
Section 36
AUTHORIZATION OF BLOOD
COLLECTION UNITS
The Regional Health
Directors, including the Regional Health Director of the National Capital
Region, shall authorize Blood Collection Units (BCU) according to the following
standards and procedures:
1. A Blood Collection Unit shall have at least one PRC–registered
physician and one PRC–registered medical technologist, both with valid
certificate of registration and valid professional license. Both should have
had at least one (1) month training on voluntary donor recruitment and
screening; voluntary donor holding and motivation; health education and
counseling; blood collection, handling and transport; and management of blood
collection activities and problems. Such training shall be done by an agency
duly recognized by the BRL.
2. A Blood Collection Unit shall have adequate and proper equipment and
supplies of good quality to be able to perform donor recruitment and screening;
health education and counseling; blood collection, handling and transport; and
management of any reactions according to the BRL standards described in the SOP
Manual on Blood Services (Section 38).
There
shall be written and readily available contingency plan for all Blood
Collection Units in case of problems such as instrument or equipment breakdown.
3. A Blood Collection Unit may be statistic or mobile. Physical
arrangements for both kinds during collection shall be comfortable, clean and
adequate.
4. The Blood Collection Unit shall be clearly attached to a network of one
Blood Bank/center which has confirmed its recognition of the coordination and
cooperation arrangements with the BCU. Such confirmation may be contained in an
appropriate certificate.
5. The BCU shall submit its schedule of bleeding and target area of donor
recruitment that clearly follows geographical area agreements with other BCUs
within the catchment of the relevant Blood Bank/Center.
6. The BCU shall express agreement to submit the blood bags collected and
the list of donors to its attached Blood Bank/Center at the end of the
collection day. Authorization can be withdrawn if the BCU fails to execute this
agreement.
7. Each BCU shall be visited at least once a year by the head of the Blood
Bank/Center it coordinates with or by a duly designated Blood Bank/Center
health staff.
8. Authorization as a BCU shall be renewed yearly, signed by the Regional
Health Director, and issue to the Head of the BCU.
9. The authority to operate the BCU shall be revoked by the Regional
Health Director should the procedures and services be found to be below the standards
set by the BRL in its Standard Operating Procedures Manual on Blood Services
(Section 38).
Section 37
AUTHORIZATION OF BLOOD
STATIONS
The Regional Health
Directors, including the Regional Health Director of the National Capital
Region, shall authorize Blood Stations according to the following standards and
procedures:
1. Blood Stations may be located only within hospital premises, government
or private; or within the premises of the Philippine National Red Cross
chapters.
2. A Blood Station shall be under the responsibility of a PRC–registered
medical technologist with a valid certificate of registration and a valid
professional license.
3. A Blood Station shall have at least one properly functioning blood
refrigerator with twenty–four (24) hours power supply.
4. There shall be a written and readily available contingency plan for all
Blood Stations in case of problems such as instrument or equipment breakdown.
5. All Blood Stations shall have a regular schedule, and a written record
of maintenance and service of all equipment and instruments used in blood bank
services.
6. Blood shall be issued only to patients confined within the hospital
that houses the station or to hospitals within the area, unless called for by
emergency conditions as listed in Section 28 (6).
7. The authority to operate a Blood Station shall be renewed yearly,
signed by the Regional Health Director and issued to the agency that operated
the Blood Bank/Center that will distribute the blood bags to the station, with
a copy furnished to the chief of the hospital where the Blood Station is
located and the medical technologist–in–charge.
8. Each Blood Station shall be visited at least once a year by the head of
the Blood Bank/Center that distributes blood to the station or by a duly
designated Blood Bank/Center health staff. A record of such visit shall be open
for inspection by the BRL or its duly authorized representative.
9. The authority to operate the Blood Station shall be revoked by the
Regional Health Director should blood storage, handling, issuance, distribution
or disposal to be found to be below the standards set by the BRL in its
Standard Operating Procedure Manual on Blood Services (Section 38).
Section 38
STANDARD OPERATING
MANUAL
Standards for donor
recruitment and screening; for all laboratory and blood processing tests and
procedures; for handling and disposal of blood and other biosafety procedures;
for inventory and recording procedures; for networking, blood collection and distribution;
and all quality assurance/quality control measures shall follow international
guidelines promoted by the World Health Organization and the International
Society of Blood Transfusion. Such guidelines shall be adapted to the
Philippine situation through a Standard Operating Procedure Manual (SOP Manual)
on Blood Services which shall be developed, pretested and printed by the BRL
within six (6) months after the effectivity of these Implementing Rules and
Regulations. The Manual shall be formally signed and dated by the Director of
the BRL. This manual shall then be incorporated as an integral part of these
Rules and Regulations.
Until the time when the
update SOP manual is available, the procedures and standards incorporated in A.O.
57 s. 1989 (Sections 10, 11, 12 & 13), B.O. No. 5 s. 1990 (Section 6), A.O.
122 s. 1992, Bureau Circulars No. 2 s. 1990, No. 2 s. 1991 and No. 4 s. 1994
of the BRL which are not in conflict with these Rules and Regulations shall
continue to be in effect.
Such a manual shall be
reviewed and revised periodically. In its revisions, the previous editions
shall be collected back by the BRL and precautions taken to ensure that all
relevant key persons are informed of the changes and the effectivity of these
changes.
Section 39
QUALITY ASSURANCE
OFFICER
A Quality Assurance
Officer recognized for his/her integrity and organizational abilities shall be
assigned or designated and trained for each blood service facility by the BRL.
He/she shall organize all documents relating to quality assurance and, in
coordination with the head of the blood service facility, shall make sure that
the required, recognized standards are instituted and followed according to
national specifications. He/she shall periodically review quality control
procedures and monitor compliance with standard procedures. He/she shall
initiate investigations and remedial action when error occurs, in cooperation
with the head of the units affected.
Section 40
CONFIRMATION OF
VOLUNTARY WORKS
1. Paid blood donors who are usually brought in by relatives of patients
should be carefully selected out and blacklisted from the roster of donors.
This can be done through careful history and physical examination of donors.
Donors which show multiple needle punctures on the arms and those whose
complete names and relations to the patient are unknown to the patient or his
relatives should be immediately rejected.
2. The Quality Assurance Officer shall countercheck donors who regularly
donate to the Blood Bank/Center as part of his/her regular monitoring of Blood
Bank/Center operations.
Section 41
EMERGENCY BLOOD
TRANSFUSION
Blood collection and
immediate transfusion in hospitals without a license as a Blood Bank/Center may
be allowed in an emergency situation subject to the following conditions:
1. That the medical/surgical condition poses an immediate threat to the
patient’s life;
2. That the collection and transfusion is done under the direct
supervision and with the full responsibility of the attending physician;
3. That the existing standards and specifications for donor screening
including history and physical examination, on asepsis and biosafety, and on
the use of proper and good quality equipment and materials or supplies, are
complied with;
4. That the required test for hemoglobin, syphilis, HIV, hepatitis and for
presence of malarial parasites and compatibility testing including
cross–matching are also performed before transfusion.
Chapter IX
IMPORTATION OF BLOOD BANK EQUIPMENT AND SUPPLIES
Section 42
CERTIFICATION OF
IMPORTAION PRIVILEGES
An annual list of Blood
Banks/Centers and hospitals participating actively in the National Voluntary
Blood Services Program shall be prepared by the National Voluntary Blood
Services Unit. This list duly approved and certified by the Undersecretary of
Health for Health Facilities and Standards and Regulations and duly noted by
the Directors of the Bureau of Research and Laboratories and the Bureau of
Licensing and Regulation of the Department , shall be submitted to the
Department of Finance and the Bureau of Customs before January 31 of every
year.
Section 43
EQUIPMENT AND MATERIALS
COVERED
The BRL, in consultation
with the Department of Finance and Bureau of Customs, shall enumerate in an
appropriate Bureau Circular the detailed list of equipment, blood bags and
reagents, with specifications as necessary, which may be allowed to be imported
tax– and duty –free under the provisions of R.A. 7719. The list shall be
modified by the BRL as necessary.
Section 44
APPLICATION FOR TAX
EXEMPTION
1. A letter of intent enclosing the list of equipment and materials with
the necessary specifications and justification for their use shall be submitted
to the Secretary of Health. The BRL Director shall certify that the list of
equipment and materials requested are included in the list of allowable
equipment and supplies and that these are necessary for the voluntary blood
services program of the particular Blood Bank/Center or hospital. The Secretary
of Health or his duly–authorized representative shall sign a recommendation for
tax– and duty–free exemption addressed to the Secretary of Finance.
2. An application for exemption from custom duties and taxes shall then be
filed with the Revenue Office, Department of Finance, Manila. The PNRC, blood
banks/centers, hospitals and other institutions participating actively in the
National Voluntary Blood Services Program may avail of the tax duty exemption
mentioned herein, upon certification and appropriate endorsement by the
Secretary of Health or his duly – authorized representative
Section
45
OTHER
DOCUMENTATION REQUIREMENTS
For
expeditious processing, the application shall also include a certification from
the Department of Trade and Industry that the proposed importations are not
locally available in sufficient quantity, comparable quality and reasonable
price.
Section
46
INSPECTION
The
Department of Finance may conduct pre/post–inspection of the facilities and
imported articles release duty and tax–free in accordance with these Rules and
Regulations in line with the monitoring functions of said office. Said
findings/report shall be furnished to the Department of Health
Chapter X
PENALTIES FOR VIOLATIONS
Section
47
PENALTIES
1. 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.
2. Any person who shall establish and operate a Blood Bank/Center without
securing a license to operate from the Department or who fails to comply with
the standards prescribed by the Department referred to in Section 9 of R.A. No.
7719, shall suffer the penalty of imprisonment of not less than twelve (12)
years and one (1) day nor more than twenty (20) years of 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.
3. The head of the Blood Bank/Center 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 without prejudice to the filing of
criminal charges under the Revised Penal Code.
4. All importation accorded duty– and tax–free release pursuant to this
Order shall not be transferred or disposed of in any manner whatsoever to any
person or entity without prior approval of the Department of Finance. The
penalty provided for under existing laws or any revenue laws shall be imposed
in any violation of the provision of this Order.
5. The Secretary or his duly–authorized representative, after due notice
and hearing, may also impose the following administrative sanctions:
a. Penalty of Five thousand pesos (P5,000) for the head or owner of the
Blood Bank/Center which fails to submit the application for renewal of license to
the BRL or its designated offices within two (2) months prior to the expiration
of the existing license;
b. Penalty of Three thousand pesos (P3,000) for the head of a Blood
Collection Unit or Blood Station which shall operate without securing
authorization from the Department or tis designated offices;
c. Revocation or suspension of Blood Bank/Center license or Blood
Collection Unit or Blood Station authorization for:
o
Misrepresentation of facts or falsification of documents or records
o
Refusal of entry for inspection
o
Refusal to make available its books, accounts and records of operations
o
Failure to inform the BRL or its authorized representatives about
changes in Blood Bank/Center, Blood Collection Unit or Blood Station location,
facilities, services or operations;
d. Recommendation to revoke the certificate of registration or to suspend
said certificate to practice the profession and to invalidate the professional
license of any health professional involved in misrepresentation of facts or
falsification of documents or records especially medical, laboratory or
inspection results and certificates, or in violation of R.A. No. 7719 and the
herein Rules, by the Professional Regulation Commission upon recommendation of
the Secretary.
Section 48
REPEALING CLAUSE
These Rules and
Regulations shall supersede all previous Administrative and Bureau Orders and
Circulars of the Department. The provision of any Department or BRL order and circular
or other issuances inconsistent with these Rules and Regulations are hereby
repealed or modified accordingly.
Section 49
EFFECTIVITY CLAUSE
These Rules and
Regulations shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) national newspapers of general circulation.
Section 50
Approved on this twenty–eight
days of April nineteen hundred and ninety–five
JAIME GALVEZ–TAN, MD,
MPH
Acting Secretary of
Health
4 comments:
Hi! Where did you get this document?
From the Department of Health archives
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