Laws of the Guangdong Province

Regulations of Shenzhen Special Economic Zone on Citizen' s Gratis Donation of Blood and Blood Management

 (Adopted at the 2nd meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on September 15, 1995)

กกกกChapter ข๑ General Provisions

Article 1 In order to encourage citizen to donate blood gratis, strengthen the blood management, guarantee the quality of the blood for medical treatment, these regulations are formulated according to relevant provisions of the State and combining with the actual situation of Shenzhen Special Economic Zone (hereinafter referred to as the special zone).

Article 2 These regulations shall be applicable to the citizen' s gratis and compensated donation of blood, and the administration to the blood donation in the special zone.

Article 3 The administrative systems of planning the blood collecting and supplying institution uniformly, managing the source of blood uniformly, collecting and supplying blood uniformly and using blood reasonably shall be applied in the special zone.

Article 4  The system of combining gratis blood donation with compensated blood donation shall be applied in the special zone. Gratis donation of blood shall be positively advocated and carried out. Compensated donation of blood shall be allowed. Donating blood gratis and using blood free shall be achieved gradually.

Article 5 The people' s governments at all levels shall positively advance the gratis donation of blood and strengthen the leadership to blood management.

Article 6  The gratis donation of blood mentioned in these regulations refers to the citizen' s act of voluntarily donating his blood to the special blood collecting and supplying institution without any remuneration. 

The compensated donation of blood mentioned in these regulations refers to the citizen' s act of voluntarily donating his blood to the special blood collecting and supplying institution by the Certificate of Supplying Blood with remuneration. 

กกกกChapter ข๒ Organs and their Functions and Duties

Article 7 The administrative department of sanitation of Shenzhen Municipal People' s Government (hereinafter referred to as the municipal administrative department of sanitation) shall be the competent department of blood donation and management, and shall exercise the following functions and powers:

(1) to propagandize and implement the State laws, regulations and rules on blood donation and management;

(2) to make the technical standards of blood donation;

(3) to plan and administrate the blood collecting and supplying institutions in the special zone;

(4) to investigate and prosecute the malfeasance in blood donation or management.

Article 8 The municipal office of blood donation shall be the agency of the municipal administrative department of sanitation, and take charge of the daily administration to the gratis and compensated donation of blood. The office has the following functions and duties:

(1) to propagandize, mobilize and organize the gratis donation of blood;

(2) to make the annual planning for citizen' s donation of blood according to the needs of blood used in medical treatment in the special zone;

(3) to manage, organize and allocate the source of blood;

(4) to issue and manage the Certificate of Gratis Donation of Blood and the Certificate of Supplying Blood;

(5) to manage the Fund of Gratis Donation of Blood.

Article 9 Shenzhen Blood Center is the special blood collecting and supplying institution in the special zone (hereinafter referred to as the special blood collecting and supplying institution), and shall exercise the following functions and duties:

(1) to collect and store blood;

(2) to control the quality of blood;

(3) to supply blood to the medical institution in the special zone;

(4) to strengthen scientific research and provide technical direction to blood transfusion.

Article 10 The municipal Red Cross shall participate in the propaganda and education of gratis donation of blood, and popularize the gratis donation of blood.

The departments of press, publication, television, broadcast, culture and education shall make success in the propaganda and education of gratis donation of blood and the scientific knowledge of blood.

The government organ, enterprise, public institution and mass organization shall make success in the propaganda and organization of gratis donation of blood.

กกกกChapter ข๓ Gratis Donation of Blood

Article 11 The system of gratis donation of blood shall be implemented in the special zone. Anyone, who donates blood gratis, shall enjoy the right of using blood preferentially and for free.

Article 12 Any citizen, who has reached the age of 18 but not the age of 50 and is health, may donate blood gratis.

When a citizen donates blood gratis, he shall donate 200 to 400 milliliters blood each time. There shall be a three-month interval at least between two gratis donations of whole blood. 

The citizen, who donates blood gratis, may acquire the Certificate of Gratis donation of Blood issued by the municipal office of blood donation.

Article 13 The special blood collecting and supplying institution shall examine the citizen' s donated blood, and may not supply the blood to any medical unit until it passes the examination.

The special blood collecting and supplying institution shall inform the citizen, whose donated blood fails to pass the examination, and direct him to accept further examination or go to hospital.

Article 14 The citizen, who donates blood gratis, shall enjoy the following rights of using blood if his blood passes the examination:

 (1) The citizen may use blood for free, preferentially and without limit all his life in the special zone. The expense of using blood shall be reimbursed by the municipal office of blood donation by the citizen' s Resident Identification Card, Certificate of Donating Blood Gratis and the evidence of using blood issued by the special zone' s medical institution;

(2) The citizen' s spouse, child and parent may use the blood of the same volume as the citizen' s gratis donated blood for free in the special zone. The expense of using blood shall be reimbursed by the municipal office of blood donation by the citizen' s Resident Identification Card and Certificate of Donating Blood Gratis, the effective certificate of conjugal relation or kinship relation, and the evidence of using blood issued by the special zone' s medical institution.

The citizen, whose blood fails to pass the examination, may use the blood of the same volume as his gratis donated blood for free in the special zone.  The expense of using blood shall be reimbursed by the municipal office of blood donation by his Resident Identification Card, Certificate of Donating Blood Gratis and the evidence of using blood issued by the special zone' s medical institution.

Article 15 The money gained from the citizen' s gratis donated blood, which is used for medical purpose, shall be taken in the specially established fund of gratis donation of blood, after being deducted the charges of complete examination, storage and transportation.

The fund of gratis donation of blood has the following uses:

(1) advancing the propaganda and education of gratis donation of blood;

(2) offering necessary drinking to the citizen, who donates blood gratis;

(3) reimbursing the expense of using blood by the citizen, who donates blood gratis;

(4) making the Certificate of Donating Blood Gratis and the reward.

Article 16 The municipal office of blood donation shall administrate the fund of gratis donation of blood and accept the endowment of organization and individual.

The municipal office of blood donation shall report the use of the fund of gratis donation of blood to the municipal administrative department of sanitation every half a year. The municipal administrative department of sanitation shall publicize the income and outcome of the fund of gratis donation of blood to the public every year.

กกกกChapter ข๔ Compensated Donation of Blood

Article 17 In order to safeguard the supply of blood, it is allowed for citizen to donate blood to the special blood collecting and supplying institution with remuneration.

Article 18 Any citizen, who wants to donate blood with remuneration, shall satisfy the following requirements:

(1) having reached the age of 18 but not the age of 55;

(2) meeting the State' s Inspection Standards of Blood Supplier' s Health;

(3) there being a three-month interval at least between two donations of whole blood.

Article 19 Any citizen, who wants to donate blood with remuneration, shall show his Resident Identification Card and Certificate of Supplying Blood before the donation.

The working person of the special blood collecting and supplying institution shall carefully examine relevant certificate, and shall not collect blood from the person, who doesn' t meet the standards of compensated donation of blood.

Article 20 The municipal office of blood donation shall issue the Certificate of Supplying Blood to the person who satisfies the requirements and donates blood with remuneration according to relevant provisions of the State, and strengthen the administration to the persons donating blood with remuneration.

Article 21 The health and legal rights and interests of the citizen, who donates blood with remuneration, shall be protected by law.

It is strictly prohibited that any unit or individual uses other' s compensated donation of blood to obtain illicit interest.

กกกกChapter ข๕ Management of Blood

Article 22 The municipal office of blood donation shall strengthen the management of blood, register the citizens donating blood, and establish detailed archives for the donators.

Article 23 No other unit or individual than the special blood collecting and supplying institution may collect or supply blood in the special zone.

Article 24 In case that the source of blood is insufficient, the special blood collecting and supplying institution may allocate and transfer the blood out of the special zone after getting approval from the municipal office of blood donation.

No unit or individual may organize, collect or purchase blood out of the special zone without the approval of the municipal office of blood donation.

Article 25 The special blood collecting and supplying institution shall conduct the complete examination, including the examinations of the antibody of AIDS virus, the antibody of hepatitis B virus and the syphilis, to the collected blood according to the State' s standards.

Article 26 The special blood collecting and supplying institution shall ensure the blood for clinical use, use qualified apparatus to collect blood and supply the blood marked with the name of blood donor, blood type, blood variety, date of collecting blood, duration of validity, its name and its license number.

Article 27 The medical institution in the special zone shall use the blood supplied by the special blood collecting and supplying institution.

The medical institution shall use blood reasonably and comprehensively, popularize the component blood transfusion with great efforts, and gradually raise the scale of using component blood in clinical application.

Article 28 It is strictly prohibited to forge, alter, deal or lend the Certificate of Donating Blood Gratis, the Certificate of Supplying Blood or the evidence of using blood. It is also strictly forbidden to use other' s certificate or evidence mentioned above.

กกกกChapter ข๖ Rewards and Punishments

Article 29 The municipal administrative department of sanitation shall give commendation or reward to the unit or individual committing any one of the following activities:

(1) making outstanding contribution to propagandizing or organizing the gratis donation of blood;

(2) donating blood gratis for emergency treatment or to save patient;

(3) reporting other' s violation against these regulations and being meritorious.

Article 30 Any citizen, who donates blood gratis, shall be rewarded by the municipal administrative department of sanitation according to the following rules:

(1) The citizen, whose accumulated volume of donated blood is more than 1,000 but less than 1,600 milliliters, shall be awarded a copper medal;

(2) The citizen, whose accumulated volume of donated blood is more than 1,600 but less than 2,400 milliliters, shall be awarded a silver medal;

(3) The citizen, whose accumulated volume of donated blood is more than 2,400 but less than 3,400 milliliters, shall be awarded a golden medal.

(4) The citizen, whose accumulated volume of donated blood is more than 3,400 milliliters, shall be awarded a golden cup.

Article 31 Anyone, who violates the provisions of the second paragraph of Article 19 of these regulations, shall be imposed administrative sanction by the municipal administrative department of sanitation.

Article 32 Anyone, who violates the provisions of the second paragraph of Article 21 of these regulations, shall be confiscated his illegal gains and be imposed a fine of 5,000 to 20,000 yuan by the municipal administrative department of sanitation.

Article 33 Anyone, who violates the provisions of Article 23, or the second paragraph of Article 24 of these regulations, shall be banned, be confiscated his illegal gains and be imposed a fine of 10,000 to 30,000 yuan by the municipal administrative department of sanitation.

Article 34 Any special blood collecting and supplying institution, which violates the provisions of Article 25 or Article 26 of these regulations, shall be warned and ordered to make correction, and may be imposed a fine of 5,000 to 30,000 yuan simultaneously by the municipal administrative department of sanitation. The institution' s person directly liable and person in charge shall be imposed administrative sanction by the municipal administrative department of sanitation. If the violation results in a medical malpractice, it shall be dealt with according to the State' s provisions concerning the settlement of medical malpractice.

Article 35 Any medical institution, which violates the provisions of the first paragraph of Article 27 of these regulations, shall be warned, ordered to make correction, be ordered to suspend business for rectification, or even be revoked its Practicing License of Medical institution according to the seriousness of the circumstance, and may be imposed a fine of 5,000 to 30,000 yuan simultaneously by the municipal administrative department of sanitation.

Article 36 Anyone, who violates the provisions of Article 28 of these regulations, shall be confiscated or revoked his Certificate of Donating Blood Gratis or Certificate of Supplying Blood, and may be imposed a fine of 5,000 to 10,000 yuan by the municipal administrative department of sanitation.

Article 37 Anyone, who violates the provisions of these regulations and commits a crime according to the criminal law, shall be investigated for criminal responsibility by the judicial organ according to law.

Article 38 Any party, who does not agree with the punishment decision made by the municipal administrative department of sanitation, may apply for review to the administrative review organ of the municipal people' s government within 15 days upon receiving the decision. If the party does not agree with the review decision, he may file a lawsuit to the people' s court within 15 days upon receiving the review decision. The party may also file a lawsuit to the people' s court directly within 15 days upon receiving the punishment decision. If the party does not apply for review or file a lawsuit in the due time, and refuses to implement the administrative punishment decision, the municipal administrative department of sanitation shall apply to the people' s court for coercive enforcement.

กกกกChapter ข๗ Supplementary Provisions

Article 39 The blood mentioned in these regulations refers to the whole blood and component blood used in clinic treatment, and the raw plasma material used to manufacture blood product.

Article 40 Any issue, which is not regulated in these regulations, shall be handled according to the State laws, regulations or the rules made by the State administrative department of sanitation.

Article 41 The People' s Government of Shenzhen Municipality may enact implementing rules according to these regulations.