A
collection
of Philippine laws, statutes and codes not
included or cited in the main
indices of
theChan Robles Virtual Law Library
This page features the full text of Republic
Act No. 7885 AN
ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THE PHILIPPINES, AMENDING FOR
THE PURPOSE REPUBLIC ACT NUMBERED SEVEN THOUSAND ONE HUNDRED AND
SEVENTY
(R.A. No. 7170), OTHERWISE KNOWN AS THE ORGAN DONATION ACT OF 1991
REPUBLIC ACT No. 7885 AN
ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THE PHILIPPINES, AMENDING FOR
THE PURPOSE REPUBLIC ACT NUMBERED SEVEN THOUSAND ONE HUNDRED AND
SEVENTY
(R.A. No. 7170), OTHERWISE KNOWN AS THE ORGAN DONATION ACT OF 1991.
"SEC.
9. Manner of Executing a Donation - Any donation by a person
authorized
under subsection a) of Section 4 hereof shall be sufficient if it
complies
with the formalities of a donation of a movable property.
"In
the absence of any persons specified under Section 4 hereof and in the
absence of any document of organ donation, the physician in charge of
the
patient, the head of the hospital or a designated officer of the
hospital
who has custody of the body of the deceased classified as accident,
trauma,
or other medico-legal cases, the purpose of transplantation of the
organ
to the body of a living person: Provided, That the physician,
head
of the hospital or officer designated by the hospital for this purpose
has exerted reasonable efforts, within forty-eight (48) hours, to
locate
the nearest relative listed in Section 4 hereof or guardian of the
decedent
at the time of death: Provided, however, That the said
physician,
head or designated officer of the hospital, or the medico-legal officer
of any government agency which has custody of such body may authorize
the
removal of the cornea or corneas of the decedent within twelve (12)
hours
after death and upon the request of qualified legatees or donees for
the
sole purpose of transplantation: Provided, That such removal
of
the cornea or corneas will not interfere with any subsequent
investigation
or alter the post-mortem facial appearance of the decedent by such
means
as placing eye caps after the said cornea or corneas have been removed.
"In
all donations, the death of a person from whose body and organ will be
removed after for the purpose of transplantation to a living person,
shall
be diagnosed separately and certified by two (2) qualified physicians
neither
of whom shall be:
"a)"
A member of the team of medical practitioners who will effect the
removal
of the organ from the body; nor
"b)"
The physician attending to recipient of the organ to be removed; nor
"c)"
The head of hospital of the designated officer authorizing the removal
of the organ."
"SEC.
10. Person(s) Authorized to Remove and Transplant Organs and
Tissues
- Only authorized medical practitioners in a hospital shall remove
and/or transplant any organ which is authorized to be removed and/or
transplanted
pursuant to Section 5 hereof: Provided, however, That the
removal
of corneal tissues shall be performed only by opthalmic surgeons and
opthalmic
technicians trained in the methodology oof such procedure and duly
certified
by the accredited National Association of Opthalmologists."
SEC.
3. The implementing rules and regulations of Republic
Act No. 7170 shall be amended accordingly by the Secretary of
Health,
in consultation with professional health groups and non-government
health
organizations, to make it consistent with the provisions of this Act.
SEC.
4. The provisions of this Act are hereby declared separable, and in the
event any such provisions is declared unconstitutional, the other
provisions
not affected thereby shall remain in force and effect.
SEC.
5. All other laws, decrees, executive orders, administrative orders,
rules
and regulations or parts thereof which are inconsistent with the
provisions
of this Act are hereby repealed, amended or modified accordingly.
SEC.
6. This Act shall take effect upon its approval.
____________________________
This
Act which is a consolidation of Senate Bill No. 1996 and House Bill No.
13361, was passed by the House of Representatives and the Senate
on February 13, 1995 and February 15, 1995, respectively.