Philippine Blood Disease and Transfusion Center Act

1361k Pfice of the eroting TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -4 P5:40 SENATE RECEIVED BY: S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE PHILIPPINE BLOOD DISEASE AND TRANSFUSION CENTER, DEFINING ITS OBJECTIVES, POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Addressing blood-related illnesses like leukemia, hemophilia, and anemia is a major public health concern for the Philippines. The National Nutrition Council claims that these illnesses rank among the most common blood problems that Filipinos face. Fatigue and other health issues are caused by anemia, which is defined by a lack of hemoglobin or red blood cells. Hemophilia is a genetic condition that causes excessive bleeding because it affects the blood's capacity to clot. Leukemia, a type of cancer affecting blood and bone marrow, poses severe health risks and requires specialized treatment. Recognizing the impact of these diseases, Proclamation No. 1833, s. 2009, declared September as Blood Diseases Month to raise awareness and promote understanding of blood-related health issues. Despite this initiative, there remains a pressing need for a dedicated institution to provide comprehensive care, conduct research, and offer specialized training in hematology and transfusion medicine.

This proposed legislation seeks to establish the Philippine Blood Disease anc Transfusion Center, a government-owned and controlled corporation (GOCC) that will serve as a national specialty hospital dedicated to the prevention, diagnosis, treatment, and research of blood diseases. The Center will be strategically located within the Lung Center of the Philippines compound in Quezon City to leverage existing medical infrastructure and expertise. To ensure effective governance, the Center will be managed by a Board of Trustees composed of representatives from the Department of Health, medical experts, and stakeholders from the private sector and non-governmental organizations. The Board will oversee policy formulation, operational management, and strategic planning to fulfill the Center's mandate. The establishment of the Philippine Blood Disease and Transfusion Center represents a significant advancement in the country's healthcare system, addressing the critical need for specialized services in hematology and transfusion medicine. By providing comprehensive care, fostering research, and enhancing public awareness, the Center will play a pivotal role in improving the health outcomes of Filipinos affected by blood-related diseases. A similar version of this measure was filed by Sen. Loren Legarda and Sen. Maria Lourdes Nancy S. Binay as co-author, during the Nineteenth Congress. Hence, the immediate passage of this bill is earnestly sought. HINGGOY EJERCITO ESTRADA

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -4 P5:41 SENATE RECEIVED BY: S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE PHILIPPINE BLOOD DISEASE AND TRANSFUSION CENTER, DEFINING ITS OBJECTIVES, POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the " Philippine Blood Disease

2 and Transfusion Center Act".

Sec. 2. Declaration of Policy. - It is the policy of the State to protect and

4 promote the right to health of the people and instill health consciousness among them. 5 Towards this end, the State shall establish a Philippine Blood Disease and Blood Transfusion Center which shall offer comprehensive care for patients with blood 7 diseases, including blood transfusion services, for public welfare.

Sec. 3. Definition of Terms. - As used in this Act:

a) Apheresis Facility refers to a blood service facility where blood collection procedure is done in which whole blood is removed, a selected component separated and the remainder returned to the donor; b) Blood refers to the human blood for transfusion; c) Blood Center refers to the Philippine Blood Disease and Transfusion Center established pursuant to this Act;

d) Blood Component refers, but is not limited, to whole blood, red cells, granulocytes, plasma, platelets, cryoprecipitate, and cryosupernate prepared in the Blood Center; e) Blood Disease refers to a blood condition that involves problems with the red blood cells, white blood cells, platelets, blood vessels, bone marrow, lymph nodes, spleen, or the proteins involved in bleeding and clotting (hemostasis and thrombosis). Blood diseases and blood disorders are used interchangeably in this Act; f) Blood Product refers to a therapeutic substance derived from whole blood or plasma; g) Blood Transfusion refers to the process of transferring blood or blood-based products from one person into the circulatory system of another; h) Hematology refers to the branch of medicine that is concerned with the study of blood, the blood-forming organs, and blood diseases; and i) Voluntary Blood Donor refers to a donor who gives blood freely and voluntarily without any form of payment.

Sec. 4. Philippine Blood Disease and Transfusion Center. - There is hereby

established a Philippine Blood Disease and Blood Transfusion Center, hereinafter referred to as the Blood Center, a government corporate entity that will offer comprehensive care for patients with blood diseases, including blood transfusion services, for public welfare. The Blood Center shall also undertake teaching programs and research activities to successfully accomplish its mandate. The Blood Center shall be located at the Lung Center of the Philippines (LCP) Compound, Quezon Avenue, Quezon City

Sec. 5. Purposes and Objectives. - The Blood Center will have the following

purposes and objectives: a) To construct, establish, operate, and maintain a specialty hospital, with at least two hundred fifty (250) bed capacity, which shall offer comprehensive care for patients with blood diseases; b) To establish and operate a blood transfusion center and a state-of-the-art hematology laboratory (which should be able to offer more services than a regular medical center), including a molecular laboratory for public welfare;

c) To establish and operate a Hematopoietic Stem Cell transplant program and donor registry; d) To collect blood from qualified voluntary blood donors, and process whole blood into blood components; e) To ensure the safety, as well as the adequate supply, of blood and blood products delivered to hospitals and other health facilities; f) To promote, encourage, and engage in medical and scientific research on the prevention and treatment of blood diseases, on the care and/ or treatment of patients with blood diseases, and on the proper operation of blood bank technology and blood transfusion services to ensure the safety of both blood donors and donees; g) To gather, compile, and publish the findings of its medical and scientific research; h) To conduct studies and develop teaching programs, in collaboration with universities, hospitals, and/or research institutions, on the prevention and treatment of blood diseases; encourage and grant scholarships for advanced training and specialization in hematology; and support educational programs of value to general public health; i) To finance, sponsor, hold, or participate in congresses, conventions, conferences, seminars, workshops, and training programs on the prevention and treatment of blood diseases; and j) To encourage and assist in the education and training of physicians, nurses, health officers, social workers, and medical and technical personnel in the practical and scientific implementation of services to patients with blood diseases.

Sec. 6. Powers and Functions. - The Blood Center will have the following

powers and functions: a) To have the attribute of perpetual succession and shall be vested with the powers of a corporation; b) To adopt and use a corporate seal which shall be a matter of judicial notice; c) To enter into contracts with any person or entity, whether public or private, domestic or foreign;

d) To acquire assets, real or personal, or any interest therein, and encumber or otherwise dispose the same, under any mode of encumbrance or conveyance, as it may deem proper and necessary in the conduct of its business; e) To invest its excess funds, subject to, applicable laws, rules and regulations, in any activity related to the Blood Center, as well as in any bonds or securities issued and guaranteed by the Government of the Philippines; f) To collect reasonable fees from the public for its services; g) To solicit and accept any gifts, contributions, endowments, grants, bequests and devices of any kind of real or personal property which are necessary and proper for the attainment of the purpose of the hospital; and h) To perform such acts and exercise such functions as may be necessary and proper for the attainment of the purposes and objectives herein specified.

Sec. 7. Board of Trustees. - The affairs and business of the Blood Center shall

be directed, its properties managed, and its corporate powers exercised, unless otherwise provided in this Charter, by its own Board of Trustees, which shall be composed of seven (7) members, as follows: a) The Secretary of the Department of Health as Chairman of the Board, or his duly authorized representative; b) The Department of Health Undersecretary in charge of supervising specialty hospitals; c) One (1) member from the private sector, preferably with experience in finance, administration or management; d) One (1) representative who is an expert in hematology; e) One (1) representative who is an expert in blood transfusion; f) One (1) representative from an NGO involved in health advocacy; and g) The Blood Center Executive Director. The terms of office, maimer of appointment of the trustees and other matters pertaining to the governance of the Blood Center shall be determined in accordance with the pertinent provisions of Republic Act No. 10149 or the GOCC Governance Act of 2011.

Sec. 8. Powers and Functions of the Board. - The Board of Trustees, which

shall be the policy-making body of the Blood Center, shall have the following powers and functions: a) Set the policies and directions of the Blood Center in order to accomplish its mandate; b) Adopt a set of by-laws, rules, regulations, guidelines and procedures consistent with law and the provisions hereof to govern the administration and operation of the Blood Center; c) Establish the organizational structure of the Blood Center, define the duties and responsibilities of its officials and employees, and adopt a compensation and benefit scheme, subject to the pertinent provisions of Republic Act No. 10149 or the GOCC Governance Act of 2011; d) Establish and maintain professional and technical educational systems for the sustained development of the necessary manpower to manage and operate its affairs and business; e) Authorize the expenditures of the Blood Center as may be necessary or proper for its efficient and effective management, operation, and administration; f) Send the personnel of the Blood Center to research institutes, medical institutes, or universities for advance training or observation and to attend international or regional conventions, conferences, congresses or seminars as the Board of Trustees may deem necessary to accomplish the purposes and objectives of the Blood Center; 9) Enter into such agreements and arrangements with other medical or similar institutions, domestic or foreign, as it may deem desirable toward promoting the purposes and objectives of the Blood Center; h) Appoint, remove, suspend, or otherwise discipline the Executive Director and other officers of the Blood Center occupying executive and senior management positions; and i) Undertake such other acts and things as are or may be necessary for or incidental to the accomplishment of the purposes and objectives of the Blood Center.

Sec. 9. Executive Director of the Blood Center. - The Blood Center shall be

headed by the Executive Director, whose rank and emoluments shall be approved by the Board, taking into account the prevailing practice in other specialty hospitals, and subject to the pertinent guidelines issued by the Governance Commission for GOCCS. 5 The Executive Director shall have the following duties and responsibilities: a) Direct and supervise the operations and administration of the Blood Center; b) Execute, administer, and implement the policies and measures approved by the Board; c) Prepare the agenda for the meetings of the Board, and submit for consideration of the Board such policies and measures as he/she believes necessary to carry out the purposes and objectives of this Act; d) Represent the Blood Center in all dealings, i.e. meetings, contracts, negotiations, etc., with all other offices, agencies, and instrumentalities of the government and with all persons and other entities, domestic or foreign; e) Appoint, remove, suspend, or otherwise discipline all other officers employees of the Blood Center; and f) To exercise such other powers and perform such other duties provided in the by-laws and as vested to him/her by the Board.

Sec. 10. Program for Indigents. - The Blood Center shall adopt and enforce a

program for indigents needing blood or blood products, as well as for indigent patients with blood diseases, in accordance with the implementing guidelines on the classification of patients and Availment of Medical Social Services in Government Hospitals. The Department of Health shall ensure that this program for indigents is effectively implemented.

Sec. 11. Income Retention. - The Blood Center is hereby authorized to retain

and utilize its income derived from its operations for the continuous improvement of its services and facilities, subject to auditing rules and regulations. No amount from such income, however, shall be used to augment the salaries and other compensation of the Blood Center personnel beyond the amounts determined by the Governance Commission for Government-Owned and -Controlled Corporations (GCG), as provided for in Republic Act No. 10149.

Sec. 12. Exemption from Taxes. - The Blood Center shall be exempt from the

2 payment of taxes on all contributions thereto and all accruals on its income and investment earnings. Any donation, contribution, bequest, subsidy or financial aid which may be made to it shall constitute an allowable deduction from the income of the donor for income tax purposes and shall be exempt from the donor's tax subject to such conditions as provided in the National Internal Revenue Code. The Blood Center shall be exempt from all other taxes, whether direct or indirect, on its income, properties, and operations.

Sec. 13. Supervision. - The Blood Center shall be under the direct supervision

of the Department of Health for purposes of policy direction and control. It shall submit an annual report to the Department of Health, pursuant to the pertinent provisions of Republic Act No. 10149.

Sec. 14. Assistance from other Government Offices. - The Blood Center may

call upon any department, bureau, office, agency or instrumentality of the government, including government-owned or controlled corporations, for such assistance as it may need in the pursuit of its purposes and objectives.

Sec. 15. Implementing Rules and Regulations. - The Department of Health shall

issue the necessary Rules and Regulations to implement the provisions of this Act within sixty (60) days from its effectivity.

Sec. 16. Appropriations. - The amount of Eight hundred fifty million pesos

(P850,000,000.00) is hereby appropriated for the initial operation and maintenance of the Blood Center. Thereafter, such sum as may be necessary for the continued operation of the Blood Center shall be included in the annual General Appropriations Act.

Sec. 17. Separability Clause. - If any portion or provision of the Act is declared

27 void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.

Sec. 18. Repealing Clause. - All laws, acts, executive orders, administrative

orders, rules and regulations inconsistent herewith, are hereby repealed, amended or modified accordingly.

Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its

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