Amending Republic Act No. 7170 (Organ Donation Act of 1991)

Senate Tite of the seerretty TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -6 PA :29 SENATE RECEIVED BY: S. No. _ 1066 Introduced by Senator Jinggoy Ejercito Estrada AN ACT FURTHER PROMOTING ORGAN DONATION AFTER DEATH FOR SPECIFIED PURPOSES BY AMENDING REPUBLIC ACT NO. 7170 OTHERWISE KNOWN AS THE "ORGAN DONATION ACT OF 1991" EXPLANATORY NOTE In the face of modern medical challenges and advancements, the ability to save another person through organ donation stands as one of the most powerful expressions of human compassion and solidarity. Republic Act No. 7170, or the "Organ Donation Act of 1991" ", is a landmark legislation, especially at the time of its passage. However, more than three decades since its enactment, there is a need to update the law to align with both medical progress and the persistent gap between the number of patients in need of transplants and the available donors. The Department of Health, through the Philippine Organ Donation and Transplantation Program and the Philippine Network for Organ Sharing, has highlighted the growing importance of organ and tissue donation. According to an article published by the Philippine News Agency on 5 July 2023, the number of organ transplants from deceased donors increased from 6 in 2021 to 40 in 2022. Additionally, the number of deceased donors increased from 3 to 20 during the same

period. Furthermore, corneal transplants increased from 128 to 209, and transplant candidate enlistment rose by 25%, from 111 individuals in 2021 to 139 in 2022. However, even with this progress, the gap remains wide and critical. In a report by GMA News in February 2024, the Department of Health reiterated its call for more organ donations, citing the rising number of patients awaiting life-saving transplants. As of February 2024, nearly 300 patients are on the waiting list, the majority of whom are in need of a kidney. According to National Kidney and Transplant Institute Coordinator Chief Dr. Peter Paul Plegaria, Chronic Kidney Disease (CKD) continues to be one of the leading causes of death in the Philippines, with an estimated number of 2.3 million Filipinos suffering from the disease. These figures reflect the reality that, while organ donations and donor have increased, they are still not enough to meet the needs of patients whose lives depend on timely transplants. This proposed measure seeks to amend Republic Act No. 7170 by further promoting organ donation after death. The ultimate goal of this measure is to save lives and create a more compassionate and effective organ donation system that can meet the growing needs of Filipinos in the country. This measure also builds on earlier legislative efforts, particularly filed by Senator Juan Edgardo "Sonny" Angara during the 19th Congress prior to his appointment as Secretary of Education. This measure underwent committee hearings and received valuable input from health professionals and stakeholders. In view of the foregoing, the immediate passage of this bill is earnestly sought. 8806 7 JINGGOY EJERCITO ESTRADA

Senate Blice of the dermary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -6 P4:29 SENATE RECEIVED BY: S. No. 1066 Introduced by Senator Jinggoy Ejercito Estrada AN ACT FURTHER PROMOTING ORGAN DONATION AFTER DEATH FOR SPECIFIED PURPOSES BY AMENDING REPUBLIC ACT NO. 7170 OTHERWISE KNOWN AS THE "ORGAN DONATION ACT OF 1991" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 7 of Republic Act No. 7170 or the "Organ Donation Act of

1991" shall be amended to read as follows: "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. "HOSPITALS SHALL ALSO BE MANDATED TO INCORPORATE IN THEIR ADMISSION FORMS A QUERY ON WHETHER OR NOT THE INDIVIDUAL ACCESSING HEALTH CARE SERVICES IS AN ORGAN DONOR AND IF HE/SHE IS WILLING TO BE AN ORGAN

DONOR WHICH SHALL FORM PART OF THE HOSPITAL'S DATABASE."

Sec. 2. Section 15 of Republic Act No. 7170 is further amended to read as

follows: "SECTION 15. Information Drive. - In order that the public will obtain the maximum benefits from this Act, the Department of Health, in cooperation with HEALTH CARE institutions, such as the National Kidney AND TRANSPLANT Institute, PHILIPPINE HEART CENTER, LUNG CENTER OF THE PHILIPPINES and civic and non-government health organizations INVOLVED IN THE DONATION AND TRANSPLANTATION OF HUMAN ORGANS, PHILIPPINE INFORMATION AGENCY, and other [health related] RELEVANT GOVERNMENT agencies L, involved in the donation and transplantation of human organs,] shall undertake {al public information programs AND ADVOCACY CAMPAIGNS HIGHLIGHTING THE IMPORTANCE OF ORGAN DONATION "The Secretary of Health shall endeavor to persuade all health professionals, both government and private, to make an appeal for human organ donation. "PUBLIC HEALTH CARE INSTITUTIONS SHALL ALSO BE MANDATED TO ESTABLISH MANNED AREAS WITHIN THEIR PREMISES THAT ARE EASILY SEEN AND ACCESSED BY THE PUBLIC FOR THE PURPOSES OF ACQUIRING ORGAN DONOR CARDS AND LEARNING MORE ABOUT ORGAN DONATION."

Sec. 3. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Sec. 4. Repealing Clause. - All laws or parts thereof, decrees, orders, rules and

regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

5 publication in the Official Gazette or in a newspaper of general circulation. Approved,