House bill seeks to regulate organ donation, transplant

To give the government more teeth against organ trafficking, two lawmakers from Mindanao have filed a bill regulating organ donation and transplant in the country. In filing House Bill 1720, Cagayan de Oro Rep. Rufus Rodriguez and his brother Abante Mindanao party-list Rep. Maximo Rodriguez noted that many donors, who were mostly poor, have become victims of abuse and manipulation by unscrupulous individuals, including doctors. They also said poverty led the country to become one of the world’s hotspots for organ harvesting. “Many Filipinos donate organs in exchange for money with foreign recipients paying as much as $30,000 for new kidneys. Due to the high demand, illegal brokers prey on poor Filipinos who are forced to sell their kidneys and other organs for fast cash," they said. Abused, manipulated They noted a study by the Philippine Society of Nephrology that donors only receive about $3,000 dollars (or P126,000) for a kidney. “While foreign recipients pay a huge amount for new kidneys, most of the money is pocketed by brokers, including doctors, who find the donors and convince them to donate," the lawmakers said. They also noted a report by the Philippines Against Child Trafficking (PACT) saying that the money paid to the donors failed to improve their economic condition or provide sustainable source of income. “Some organ providers have even become recruiters because of the need to augment their earnings," they said. Despite the guidelines and prohibitions regarding organ donation laid down by the Department of Health (DOH) through Administrative Orders 2008-0004 and 2008-0004A, the black market organ harvesting remains rampant, the Rodriguez brothers said. In 2007, a total of 1,046 kidney transplants were conducted in the Philippines, with more than 50 percent of the recipients were foreign nationals. This is in violation of the 10 percent cap on the number of transplants to foreign recipients which was imposed in 2003. Also, more than 80 percent of the donors were not related to the recipients. Proposals Under the proposed measure, Filipino recipients should be given priority in donor allocation and inability to pay should not be a deterrent for their prioritization and delivery of services. It also states that payment as a precondition for organ donation and sale and purchase of organs by organ vendors or commercial donors are strictly prohibited. The bill states foreigners are not eligible to receive organ donation except when the donor is a relative up to fourth degree of consanguinity. Also, organ transplant should not be part of the medical tourism and all health and health-related facilities and professionals shall not allow trade of organs. The bill also prohibits the transport or export of the donated organ abroad. The proposal states the DOH shall enforce and monitor health facilities involved in organ transplant through licensing and accreditation rules and regulations. The national government shall allocate P50 million annually in support of the operations of the organ donation and transplant program under the DOH. Violators shall be liable for imprisonment of at least two years and a fine of not less than P200,000 and the license to operate of the health facilities will be suspended. - KBK, GMANews.TV