445. Regulations of Shenzhen Special Economic Zone on Blood Donation 深圳经济特区无偿献血条例

发布时间:2017-12-08来源:市法制办字体:【 【内容纠错】

  Regulations of Shenzhen Special Economic Zone on Blood Donation

  (adopted at the thirty-second meeting of the Standing Committee of the fifth Shenzhen Municipal People’s Congress on October 30, 2014)

  Article 1 These regulations are formulated with a view to ensuring the safety and requirements of blood for medical and clinical use, safeguarding the physical health of blood donors and blood users, promoting humanitarian spirit as well as social civilization and progress, according to the basic principles of relevant laws and administrative regulations and combining with the actual situation of Shenzhen Special Economic Zone.

  Article 2 This municipality practices the system of voluntary blood donation.

  This municipality encourages voluntary blood donation by the individuals who meets the requirements of blood donation.

  Article 3 Blood donation of this municipality practices a system of unified blood collecting and supplying organ, unified collection, unified detection, unified management and unified blood supply.

  Article 4 Government organizations, enterprises and institutions as well as social organizations shall carry out propaganda on blood donation, motivate and organize voluntary blood donation by the individuals who meet the requirements of blood donation within their jurisdictions or of their own units

  Enterprises, social organizations and individuals are encouraged to contribute to the undertaking of blood donation.

  Article 5 The people’s governments of municipality and districts (including the administration committee of new district) shall provide leadership for the work of blood donation within their respective administrative areas, make an overall plan, coordinate, organize and promote the development of blood donation unertaking, and shall be responsible for the followings:

  (1 )reasonably planning and constructing blood donation stations(points);

  (2) carrying out propaganda and education of blood donation;

  (3) supervising and assessing the work of blood donation;

  (4) conferring an honorary title to or commend the units and individuals who have made contributions to blood donation.

  Article 6 The department of public health is the competent department of blood donation, supervising and administrating the work of blood donation within its jurisdiction and performing the following functions and duties:

  (1) Formulating administrative regulations relevant to blood donation, blood collection, blood supply, medical and clinical use of blood;

  (2) Organizing and coordinating relevant departments, the Red Cross, blood collecting and supplying organ, health education and promotion agency and other units to carry out the work of blood donation;

  (3) Popularizing the knowledge of blood and carry out propaganda of blood donation;

  (4) Other functions and duties provided by laws, regulations and rules.

  Article 7 Relevant administrative departments shall conduct the work related to blood donation well according to their respective functions and duties.

  The planning department shall incorporate the construction of blood donation stations (points) into city planning, plan blood donation station (points) or reasonably set up blood donation station (points) at built-up areas, according to the principle of be convenient to blood donor and based on the advices about the setup of blood donation station (points) proposed by the department of public health, synthesizing various factors such as traffic, visitors flowrate and so on.

  The development and reform department shall make approval to the construction project of blood donation station (points) according to relevant provisions.

  The traffic department of the public security organ shall reasonably set up the road parking spot for blood donation vehicles.

  The traffic management department shall set up indicators for fixed blood donation stations (points) at reasonable sites.

  The urban management department shall assist and support blood donation activities and the installation of commonweal outdoor advertisements of blood donation, and provide necessary conditions and convenience.

  The education department shall incorporate the knowledge of blood and blood donation into the health (hygiene) education of primary and middle school students, and arrange the teaching content of blood and blooding donation at primary school, junior middle school and senior middle school.

  The propaganda department shall be responsible for making an overall plan and coordination to the commonweal advertisements of blood donation of this municipality.

  The administrative department of market shall be responsible for supervising and administrating the commonweal advertisements of blood donation.

  The financial department shall guarantee the required funds for the installation of blood donation stations (points), propaganda and education, supervision and administration, staff training and other work.

  Article 8 The Red Cross shall participate in the work of propaganda, education, commendation, volunteer recruitment and other work of blood donation according to law, and promote the sustained and healthy development of blood donation.

  The Trade Unions, Communist Youth League and other social organizations shall positively participate in and carry out propaganda, education and other work of blood donation.

  Article 9 Relevant media units such as newspapers and magazines, radio, television, network and so on shall publish free commonweal advertisements of blood donation according to provisions.

  Other enterprises with the sources of publishing advertisement are encouraged to publish free commonweal advertisements of blood donation.

  Article 10 Blood collecting and supplying organ is not a profit-oriented organization, but an organization for public benefit set up according to law. It shall provide safe, hygienic and convenient conditions for blood donation and perform the following functions and duties:

  (1) Collecting, detecting, preparing, storing, dispensing and supplying blood as well as controlling the quality of blood;

  (2) Managing the database of blood donation;

  (3) Providing technical guidance to clinical blood transfusion;

  (4) Carrying out the propaganda and mobilization of blood donation and recruiting volunteers;

  (5) Conducting the procedures of reimbursing the expenses of the blood for clinical use;

  (6) Establishing a public information platform and receiving social supervision.

  Article 11 Blood collecting and supplying organ shall observe laws, regulations, rules, standards and technical specifications of the State related to blood collection and supply.

  Any other unit or individual except the blood collecting and supplying organ is prohibited to collect or supply blood for clinical use.

  Article 12 The government shall set up special funds for blood donation to be used in the following expenditures:

  (1) The propaganda, mobilization, organization, education, commendation, volunteer recruitment, organization construction of volunteer service and so on;

  (2) Necessary beverage and food provided to blood donors;

  (3) The expenses of blood for clinical use by donors and their spouses, children and parents;

  (4)The manufacture of blood donation certificate, souvenir, certificate of honor and so on.

  Article 13 Any male weighing over fifty kilos or female weighing over forty-five kilos, who has reached the age of 18 but not the age of 60 and meets the requirements of blood donation, is advocated to donate whole blood, platelet or other blood constituents.

  Article 14 Blood collecting and supplying organ shall conduct physical checkup to blood donor free of charge according to the standards and technical specifications provided by the State. If the physical and mental health status of blood donator does not meet the requirements of blood donation, blood collecting and supplying organ shall not collect blood from him and shall explain the situation to him.

  Article 15 The amount of whole blood collected by blood collecting and supplying organ from a blood donator at one time shall not exceed 400 milliliters at most, and the duration between two collection of whole blood shall not be less than three months.

  The amount of platelet and other blood constituents collected and the duration between two collection of them shall observe the provisions of national department of public health.

  Article 16 Blood collecting and applying organ shall issue a Certificate of Blood Donation to blood donator after donation.

  No one may forge, alter, sell, lend or fraudulently use the Certificate of Blood Donation.

  Article 17 Blood donated can only be used for clinical blood transfusion, not for other purposes.

  Article 18 If the blood donated is detected qualified, the donator?himself may use blood for clinical treatment for free, preferentially and without limit in all his life. The donator’s spouse, children and parents may be exempted from the expenses of blood for clinical treatment of the same amount as that the donator has donated.

  If the blood donated is detected unqualified, the donator may be exempted from the expenses of blood for his own clinical use of the same amount as that he has donated.

  Article 19 When the blood donator, his spouse, children or parents require blood for clinical treatment, they shall conduct the procedures of exemption from expenses at the medical institution where they see doctor according to the following provisions:

  (1) In the event of clinical use of blood by blood donator himself, he shall conduct the procedure with his own valid identity papers and the Certificate of Blood Donation of Shenzhen;

  (2) In the event of clinical use of blood by blood donator’s spouse, children or parents, they shall conduct the procedure with the valid identity papers and the Certificate of Blood Donation of Shenzhen of donator, the blood user’s valid identity papers and valid proof of kinship between the user and blood donator.

  If the blood donator, his spouse, children or parents doesn’t conduct the procedures of exemption from the expenses of blood for clinical use at the medical institution where they see doctor, the expenses shall be reimbursed by blood collecting and supplying organ with the certificate and relevant proof prescribed in the proceeding paragraph and the evidence of using blood as well as charging bill issued by medical institution according to the provisions of Article 18 of these regulations.

  Blood collecting and supplying organ shall provide inquiry service such as verifying the identification of blood donator, the amount of blood donated and other necessary information relevant to blood donation. The expenses of blood for clinical use shall be settled periodically by blood collecting and supplying organ and medical institutions.

  Article 20 Blood collecting and supplying organ shall establish information confidentiality system for blood donator and keep confidential blood donator’s personal information. Medical institutions shall keep confidential blood donator’s personal information that they have known.

  No unit or individual may require blood donator to prove the security of the blood donated by him.

  Article 21 The department of public health shall public the installation of blood donation stations (points) to society.

  Blood collecting and supplying organ shall public the amount of blood collected, the amount of blood used, exempted expenses of blood for clinical use and other information about blood donation.

  Article 22 The municipal government shall confer an honorary title to or commend the units and individuals who have made contributions to blood donation, according to the conditions of propaganda and organization of blood donation, frequency of blood donation of blood donator and other conditions provided by blood collecting and supply organ.

  Article 23 The municipal government shall commend blood donator according to the following provisions:

  (1) give gold award to the person having donated blood for more than 100 times (containing this number) accumulatedly;

  (2) give sliver award to the person having donated blood for more than 70 times (containing this number) but less than 100 times accumulatedly;

  (3) give bronze award to the person having donated blood for more than 40 times (containing this number) but less than 70 times accumulatedly

  The times of blood donation in the proceeding paragraph refer to the times that donator actually donates whole blood or blood constituents.

  Article 24 The municipal government shall confer an honorary title to the propagandist or organizer according to the following provisions:

  (1) It shall confer an honorary title of Advanced Collective of Blood Donation of Shenzhen to the propagandist or organizer, which carries out propaganda on blood donation, organizes and mobilizes staff of its own unit or residents within its jurisdiction to donate blood and the donators are more than fifty persons or more than thirty percent of the staff of the unit at one time, for two consecutive years;

  (2) It shall confer an honorary title of Outstanding Contributions Collective of Blood Donation of Shenzhen to the propagandist or organizer, which organizes and mobilizes staff of its own unit or residents within its jurisdictions to donate blood at least once a year for five consecutive years and the donators are more than fifty persons or more than thirty percent of the staff of the unit at one time on average.

  Article 25 If media units such as newspapers and magazines, radio, television, network and so on violate the provisions of the first paragraph of Article 9 of these regulations, refusing or delaying publishing free commonweal advertisements of blood donation, the administrative department of market shall order correction within a prescribed time limit according to provisions related to the administration of commonweal advertisement. If the violator refuses to correct within the prescribed time limit, the administrative department of market shall publish the information and notify it competent or host unit.

  Article 26 If blood collecting and supplying unit violates the provisions of Article 15 of these regulations, exceeding the prescribed amount or breaking the provisions of duration to collect blood, the department of public health shall order correction and give administrative sanctions to the person in charge and other directly responsible person according to law. If the case constitutes a crime, criminal liabilities shall be investigated. If damages are caused to donator’s health, the blood collecting and supplying organ shall make compensations according to law.

  Article 27 Any one who violates the provisions of the second paragraph of Article 16 of these regulations, forging, altering, selling, lending or fraudulently using the Certificate of Blood Donation, he may not be exempted from the expenses of blood for clinical use according to the provisions of Article 18 and Article 19 of these regulations and the department of public health shall notify the lawbreaking facts to credit information agency as personal credit information.

  Article 28 Any unit or individual illegally collecting or trading blood, shall be ordered correction, confiscated illegal gains, and be fined 100,000 yuan by the department of public health. If the case constitutes a crime, criminal liabilities shall be investigated.

  Article 29 If the staff of blood collecting and supplying organ or medical institution violates the provisions of the first paragraph of Article 20 of these regulations, disclosing blood donator’s personal information and resulting in serious consequences, the department of public health shall give him an administrative sanction and revoke his qualification certificate. If the case constitutes a crime, criminal liabilities shall be investigated.

  Article 30 If administrative organization and its personnel fail to perform functions and duties or fail to perform functions and duties correctly, the directly responsible person in charge and other directly liable person shall be given administrative sanctions according to law. If the case constitutes a crime, criminal liabilities shall be investigated.

  Article 31 Blood donation in these regulations refers to the behavior that any one who meets the requirements of blood donation voluntarily donates whole blood, platelet and other blood constituents to blood collecting and supplying organ without any remuneration.

  The blood in these regulations refers to the whole blood and blood constituents for medical and clinical use.

  The expenses of blood for clinical use in these regulations refer to the expenses that are happened during blood collection, storage, preparation, detection and so on by blood collecting and supplying organ, checked out and determined by relevant department of government and are charged to blood user according to a certain criteria.

  Article 32 These regulations shall go into effect as of January 1, 2015. Regulations of Shenzhen Special Economic Zone on Citizen’s Gratis Donation of Blood and Blood Management shall be repealed simultaneously.