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Blood Donation Law of the People's Republic of China

Release date: August 31, 2016 Views: Times

Article 1 This Law is enacted to ensure the needs and safety of blood for medical and clinical use, to ensure the health of blood donors and blood users, to promote the humanitarian spirit, and to promote the construction of socialist material civilization and spiritual civilization.  

Article 2. The state implements a system of blood donation without compensation.  

The state encourages voluntary blood donation by healthy citizens aged 18 to 55.  

Article 3 Local people's governments at all levels lead the blood donation work in their own administrative areas, and they are unified in planning and responsible for organizing and coordinating relevant departments to do a good job in blood donation.  

Article 4 The health administration departments of the people's governments at or above the county level shall supervise and manage blood donation.  

Red Cross Societies at all levels participate in and promote blood donation in accordance with the law.  

Article 5 People's governments at all levels take measures to widely publicize the significance of blood donation, popularize scientific knowledge of blood donation, and carry out education to prevent and control diseases transmitted through the blood channel.  

The news media should carry out public welfare publicity for blood donation.  

Article 6. State organs, the military, social organizations, enterprises and institutions, residents 'committees, and villagers' committees shall mobilize and organize citizens of the appropriate age in their own units or residential areas to participate in blood donation.  

The mobilization and organization of blood donation for active service personnel shall be formulated by the competent health department of the Chinese People's Liberation Army.  

For blood donors, the relevant units may grant appropriate subsidies to the unpaid blood donation certificates issued by the health administrative department of the State Council.  

Article 7 The State encourages national staff, active duty soldiers, and students in colleges and universities to take the lead in donating blood and set an example for establishing a new social trend.  

Article 8 Blood stations are organizations that collect and provide blood for clinical use, and are non-profit organizations that are not for profit. The establishment of blood stations to collect blood from citizens must be approved by the health administrative department of the State Council or the health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government. Blood stations should provide various safe, sanitary and convenient conditions for blood donors. The establishment conditions and management measures of blood stations shall be formulated by the health administrative department of the State Council.  

Article 9 Blood stations must conduct necessary medical examinations for blood donors free of charge; if the physical condition does not meet the conditions for blood donation, the blood stations shall explain the situation to them and shall not collect blood. The health conditions of blood donors shall be prescribed by the health administrative department of the State Council.  

The blood collection volume of blood donors for blood donors is generally 200 ml at a time, and the maximum amount must not exceed 400 ml. The interval between two collections is not less than six months.  

Blood stations are strictly forbidden to collect blood from blood donors in excess and frequently in violation of the provisions of the preceding paragraph.  

Article 10 Blood collection at blood stations must strictly abide by relevant operating procedures and systems. Blood collection must be performed by medical personnel qualified for blood collection. Disposable blood collection equipment must be destroyed after use to ensure the health of blood donors.  

Blood stations should guarantee blood quality in accordance with standards formulated by the health administrative department of the State Council.  

Blood stations must test the collected blood; blood that has not been tested or failed the test must not be provided to medical institutions.  

Article 11 Blood that is donated free of charge must be used for clinical purposes and cannot be bought or sold. Blood stations and medical institutions may not sell blood for free blood donation to apheresis blood collection stations or blood product production units.  

Article 12 The packaging, storage and transportation of blood for clinical use must meet the sanitary standards and requirements set by the state.  

Article 13 Medical institutions must check the blood for clinical use, and shall not use blood that does not meet the standards set by the state for clinical use.  

Article 14 Citizens shall only pay for blood collection, storage, separation, and testing for clinical blood use; specific fees shall be formulated by the health administrative department of the State Council in conjunction with the price administrative department of the State Council.  

Unpaid blood donors are exempt from paying the expenses specified in the preceding paragraph when they need blood for clinical use; spouses and immediate family members of unpaid blood donors may be exempted from or reduced in accordance with the provisions of the people's governments of provinces, autonomous regions, and municipalities when they need blood. cost of.  

Article 15 In order to protect citizens' needs for clinical emergency blood use, the state advocates and guides patients undergoing elective surgery to store their own blood, and mobilizes families, relatives and friends, their units, and society to donate blood.  

To ensure emergency blood use, medical institutions may collect blood temporarily, but shall ensure the safety of blood collection and blood use in accordance with the provisions of this law.  

Article 16 Medical institutions shall formulate blood use plans for clinical blood use, follow reasonable and scientific principles, and shall not waste or abuse blood.  

Medical institutions shall actively promote blood transfusion according to the actual medical needs of blood components, and the specific management measures shall be formulated by the health administrative department of the State Council.  

The state encourages research and promotion of new clinical blood technology.  

Article 17 People's governments at all levels and the Red Cross will reward units and individuals who actively participate in blood donation and have made outstanding achievements in blood donation.  

Article 18 Any one of the following acts shall be banned by the health administrative department of the local people ’s government at or above the county level. The illegal income may be confiscated and a fine of less than 100,000 yuan may be imposed concurrently; if a crime is constituted, criminal liability shall be investigated according to law:  

(1) illegally collecting blood;  

(2) A blood station or medical institution sells blood for free blood donation;  

(3) illegally organizing others to sell blood.  

Article 19 Blood stations collect blood in violation of relevant operating procedures and systems and shall be ordered to be corrected by the health administrative department of the local people ’s government at or above the county level. Any damage to the health of blood donors shall be compensated in accordance with the law, and the person in charge directly responsible and other direct responsibilities shall be compensated. Personnel shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.  

Article 20 If the packaging, storage, and transportation of blood for clinical use does not meet the health standards and requirements set by the state, the health administrative department of the local people's government at or above the county level shall order correction, give a warning, and may also impose a fine of less than 10,000 yuan .  

Article 21 If a blood station violates the provisions of this law and supplies blood to a medical institution that does not meet the standards set by the state, the health administrative department of the people's government at or above the county level shall order correction; the circumstances are serious and cause the spread of blood-borne diseases or Those who are in serious danger of transmission shall be rectified within a time limit and shall be given administrative sanctions according to law to those directly responsible and other persons who are directly responsible; if a crime is constituted, criminal responsibility shall be investigated according to law.  

Article 22 Medical personnel of medical institutions who violate the provisions of this Law and use blood that does not meet the standards set by the state for patients shall be ordered to be corrected by the health administrative department of the local people ’s government at or above the county level; if it causes damage to the patient ’s health, it shall be in accordance with the law For compensation, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.  

Article 23 The administrative department of health and its staff neglect their duties in the supervision and management of blood donation and use of blood, which causes serious consequences and constitutes a crime, shall be investigated for criminal responsibility according to law; if it has not constituted a crime, administrative sanctions shall be imposed according to law.  

Article 24 This Law shall enter into force on October 1, 1998.