regulations of guangzhou municipality on blood donation  广州市司法局网站-凯发k8官方

　　(issued on july 30, 2004 in accordance with decree no. 5 of the people's government of guangzhou municipality, amended for the first time on september 30, 2015 in accordance with decree no. 132 of the people's government of guangzhou municipality, amended for the second time on november 14, 2019 in accordance with decree no. 168 of the people's government of guangzhou municipality and amended for the third time on february 9, 2021 in accordance with decree no. 182 of the people's government of guangzhou municipality)

　　chapter i general provisions

　　article 1     these regulations are formulated in accordance with the blood donation law of the people's republic of china, the measures of guangdong province for implementing the blood donation law of the people's republic of china and other laws, regulations and rules, on the basis of the actual conditions of guangzhou, and with a view to ensuring the requirements and safety of blood for medical and clinical use, protecting the health of blood donors and blood users, carrying forward the humanitarian spirit, and promoting the construction of socialist material civilization, spiritual civilization and social civilization.

　　article 2     these regulations shall be applicable to blood donation, blood collection, blood supply, medical and clinical use of blood and the related administration matters within the administrative area of guangzhou

　　article 3     guangzhou practices the system of blood donation without compensation according to law.

　　voluntary blood donation by healthy citizens aged 18 to 55 is encouraged. the age limit for multiple blood donors who have no previous blood donation reaction and meet the requirements of health examination can be extended to 60 years old.

　　healthy people of the right age are encouraged to participate in blood donation at least once a year. state functionaries, health care workers, teachers, active servicemen, and students in colleges and universities are encouraged to be the first to donate blood.

　　article 4     the municipal and district people's governments shall lead the blood donation work in their respective administrative areas, carry out supervision, assessment and reporting on the blood donation work, incorporate the blood donation work into the health undertakings development plan, organize the development of plans on blood donation work, strengthen the construction of blood donation stations (or sites) and equip them with the personnel, facilities, equipment and consumables suitable for the blood donation work, establish the emergency blood donation teams, and guarantee the funds for blood donation.

　　the voluntary blood donation working committee under the municipal people's government is responsible for developing the annual blood donation work goals and communicating them to the subordinate bodies level by level for implementation. the voluntary blood donation committees under the district people's governments shall develop the plans for implementation of blood donation work according to the annual blood donation work goals.

　　the voluntary blood donation working committees under the municipal and district people's governments shall organize, coordinate and urge the relevant authorities and organs within their respective administrative areas to fulfill their tasks related to blooddonation, organize the education and publicity on blood donation laws, regulations and rules, and popularize the scientific knowledge on blood and blood donation.

　　the offices of voluntary blood donation working committees under the municipal and district people's governments (hereinafter referred to as blood donation offices) are responsible for the daily affairs on blood donation.

　　the town people's governments and the sub-district offices shall lead the blood donation work in their respective administrative areas and be responsible for the implementation of the daily work on blood donation in their respective administrative areas.

　　article 5     the municipal and district health commissions shall supervise the fulfillment of blood donation related tasks within their respective administrative areas. their main responsibilities include:

　　(1) to verify the annual blood use plans of medical institutions, and formulate annual blood supply plans;

　　(2) to formulate the blood collection and supply allocation plans;

　　(3) to undertake the supervision and administration of blood banks;

　　(4) to formulate emergency blood collection and supply plans for major disasters and accidents, and undertake the administration of blood use and emergency blood collection in medical institutions;

　　(5) to undertake the supervision and administration of blood quality; and

　　(6) other duties stipulated by laws, regulations and rules.

　　article 6     the press and publication, radio and television, culture and other authorities and news media should publicize the benefits of blood donation, when necessary for the governments to carry out blood donation work.

　　finance authorities are responsible for the setup of blood donation stations (or sites) built by the governments at their respective corresponding levels, free use of blood, publicity and education, supervision and administration, personnel training, praise and reward, emergency support and guarantee of other funds for necessary blood donation work, as well as the work relating to budget management of bodies.

　　education authorities should include the publicity on blood donation laws, regulations and rules and on knowledge of blood physiology into the content of health education in colleges, universities, and primary and secondary schools, guide colleges , universities, and primary and secondary schools to carry out education on blood donation knowledge, improve the rate of awareness of blood donation knowledge among school teachers and students, and mobilize healthy students of the right age to participate in blood donation.　　

　　the planning and natural resources authorities should incorporate the establishment of blood donation stations (sites) into the territorial spatial planning.

　　the public security organ traffic management authorities shall provide support and help for the blood delivery vehicles performing emergency tasks, and provide convenience for the parking of mobile blood delivery vehicles.

　　the transportation authorities shall assist and support the setup of the signs for blood donation stations (or sites).

　　the development and reform, urban management and comprehensive law enforcement, housing and urban-rural development, human resources and social security, market regulation, emergency management, medical security and other authorities shall, according to their respective responsibilities, do a good job in blood donation work and other related work.

　　red cross societies at all levels shall participate in and promote blood donation work according to law.

　　power supply, water supply, gas supply, telecommunications and other entities, as well as the relevant entities in the place where the blood donation stations (or sites) are located shall actively support the blood donation work and assist in the guarantee of blood collection and supply.

　　chapter ii organization administration and publicity

　　article 7     state organs, social organizations, enterprises, public institutions, residents' committees and villagers' committees within the administrative areas of guangzhou shall, in accordance with the government's annual blood donation work goals, mobilize and organize healthy citizens of the right age in their respective bodies or residential areas to participate in blood donation on schedule.

　　article 8     the municipal and district blood donation offices shall organize the town people's governments, sub-district offices, colleges and universities to carry out blood donation publicity activities and allocate special funds for blood donation. the allocation standards shall be formulated by the municipal blood donation office.

　　trade union, ccyl (chinese communist youth league), women's federation, cast (china association for science and technology) and other organizations are encouraged to actively participate in and promote blood donation publicity.

　　newspapers, radio, tv, internet and other news media should carry out publicity of blood donation for public good, publish and broadcast public service advertisements for blood donation free of charge according to regulations, popularize laws and regulations regarding and scientific knowledge of blood donation, and publicize exemplary deeds and typical characters of blood donation.

　　other enterprises with advertising resources are encouraged to publish public service advertisements for blood donation.

　　article 9     the municipal and district people's governments shall incorporate the situation of blood donation in their respective administrative areas into the performance appraisal for governments and the appraisal system for civilized communities and organizations.

　　article 10   a month-long blood donation campaign shall be launched in june every year in guangzhou.

　　the association of, or the chamber of commerce of, an industry is encouraged to choose a time with industry characteristics and of commemorative significance as the blood donation month (or week/day) for the industry.

　　chapter iii administration of blood donation, collection and supply

　　article 11   blood banks are non-profit public welfare organizations that collect and provide blood for clinical use.

　　blood banks shall be established according to law.

　　except for the autotransfusion and blood collection carried out by blood banks and medical institutions at all levels legally established, no other organization or individual may illegally engage in blood collection or supply business.

　　article 12   a blood bank shall establish an information disclosure system to legally disclose the following information:

　　(1) the amount of blood collected, and/or the amount of blood supplied;

　　(2) the amount of free blood for clinical use;

　　(3) information about the legal practice by the blood bank;

　　(4) location, service time, service hotline and other information about blood donation stations (or sites);

　　(5) blood donation process, and process for write-off of fees for use of blood for clinical use;

　　(6) information related to praise and reward for blood donation;

　　(7) the ways of and procedures for accepting reports and complaints;

　　(8) other information that is required by law to be made public.

　　article 13   a blood bank shall do the following work well:

　　(1) establish the database of rare blood donors;

　　(2) establish and improve the information confidentiality system to keep confidential the personal data, blood donation information, blood test results and corresponding blood use information of blood donors;

　　(3) establish an information feedback and follow-up system. if any blood donated fails to pass testing, the blood donor shall be promptly informed of the test results, and instructed to undergo re-testing or medical treatment;

　　(4) regularly organize blood donors' activities, expand the fixed team of blood donors; and

　　(5) other work conducive to promoting blood donation.

　　article 14   blood collection and supply by blood banks shall strictly comply with laws, regulations, rules, and relevant standards, technical operation procedures and systems for blood collection, inspection and supply.

　　it is forbidden to collect blood without undergoing physical examination or that is found through examination to fail to conform to the standards prescribed by the state.

　　it is forbidden to provide medical institutions with blood that has not undergone or passed testing.

　　article 15blood donation sites include blood donation rooms and mobile blood donation vehicles. the signs required by the municipal people's government for blood donation rooms or of parking places for blood donation vehicles shall be hung at the blood donation sites, which shall not be occupied by any organization or individual.

　　the relevant bodies shall support the layout and construction of blood donation stations (or sites) as suggested by the competent health authority, on the basis of facilitating blood donors and taking into account such factors as traffic and volume of people flow.

　　article 16citizens can directly go to blood donation stations (or sites) to donate blood by showing their respective valid identity cards or electronic identity cards.

　　after a citizen donates blood, the blood bank shall issue to him/her a voluntary blood donation certificate made by the national health commission under the state council in a unified way, and his/her employer or the organizer of the blood donation activity may give appropriate subsidies and rewards to him/her. the subsidy standard, expenditure channel and reward method shall be determined by each organization on its own in combination with the actual situation.

　　article 17guangzhou shall scientifically meet the requirements for blood donation, blood collection and blood supply by organizing state organs, enterprises, public institutions, social organizations and college students to carry out group blood donation activities.

　　for an organization with a large number of blood donors, the blood bank can provide appointment for door-to-door blood collection and other services.

　　article 18guangzhou shall establish an emergency blood donation mechanism.

　　state organs, enterprises, public institutions, social organizations, residents' committees, villagers' committees and other organizations shall mobilize healthy citizens of the right age in their own organizations or in their respective residential areas to participate in the construction of emergency blood donation teams.

　　in case of any major incident or other situation, the municipal people's government and the people's governments of districts with blood banks can get emergency blood donation teams started with participation in blood donation.

　　specific measures for the establishment and administration of emergency blood donation teams shall be formulated separately by the municipal people's government.

　　article 19it is forbidden to forge, alter, obliterate, lend, rent, buy, sell, reproduce, transfer or falsely use blood donation certificates.

　　article 20   all organizations and individuals are forbidden to organize others to sell blood.

　　no organization or individual may employ another person to donate blood by using an assumed name. if an organization employs another person to donate blood by using an assumed name, it shall be considered to have failed to achieve its annual blood donation work goal.

　　chapter iv rules for use of blood

　　article 21when citizens use blood clinically, medical institutions shall charge fees at the national rates for the collection, storage, separation and inspection of blood.

　　after a voluntary blood donor donates blood, the donor and his/her spouse and immediate family members shall, in accordance with the relevant regulations of guangdong and guangzhou, be entitled to exemption from or reduction of the fees for clinical use of blood.

　　thalassemia, aplastic anemia, hemophilia and other diseases that require blood transfusion for a long time are included in the scope of outpatient special diseases for basic medical insurance; the expenses incurred by autotransfusion shall be included in the payment scope according to the regulations regarding basic medical insurance.

　　article 22   medical institutions shall abide by the following rules for clinical use of blood:

　　(1) if the use of blood provided by a blood bank legally established in guangzhou requires allocation of blood in guangdong or in any other province under special circumstances, such allocation shall be implemented in accordance with the relevant national and provincial regulations;

　　(2) the storage and transportation of blood shall meet the hygienic standards and requirements set by the state;

　　(3) the blood for clinical use shall undergo examination and verification according to the items specified in the relevant regulations. the blood that has not undergone such examination and verification or is found through such examination and verification to fail to meet the national standards shall not be used for clinical use;

　　(4) the technical specifications and systems for blood transfusion shall be implemented strictly, and blood shall be used in a scientific and rational way, and shall not be wasted or abused;

　　(5) it is not allowed to sell blood or use plasma source pheresis for clinical use;

　　(6) according to the national, provincial or municipal items and rates, charge fees on the blood use, and no arbitrary price increase is allowed;

　　(7) on the premise of ensuring emergency blood use, priority should be given to the clinical use by blood donors, and to the clinical use by blood donors' spouses or their immediate family members on an equal amount basis.

　　medical institutions shall follow the principles of scientificalness and reasonableness, develop the norms and standards for clinical blood use, formulate the clinical blood use plan taking into consideration the blood supply plans of blood banks, establish a blood use application, approval, evaluation and disclosure system, and implement the management by responsibility system.

　　article 23   medical institutions shall actively adopt advanced technologies such as blood component transfusion, restrictive blood transfusion and autohemotransfusion to improve the level of scientific blood use and ensure the safety and efficacy of blood transfusion.

　　chapter v incentives and preferential treatment

　　article 24the municipal and district people's governments shall praise and reward the following organizations and individuals that have made outstanding achievements in voluntary blood donation and clinical use:

　　(1) in the case of a major disaster, major accident or public health incident, those organizations and individuals that have actively participated in emergency blood donation;

　　(2) those organizations and individuals that have made outstanding achievements in publicity, mobilization, organization and education on voluntary blood donation;

　　(3) those organizations and individuals with outstanding achievements in the research and promotion of new technologies on clinical blood use;

　　(4) other organizations and individuals that have made special contributions to the cause of voluntary blood donation.

　　any organization that has been so praised and rewarded may reward those individuals who have made outstanding contributions in its own organization or administrative region.

　　article 25in guangzhou, voluntary blood donors who have participated in blood donation and volunteers who have participated in blood donation services shall enjoy preferential treatment, such as bonus points for public rental housing, according to relevant regulations.

　　article 26in guangzhou, in addition to the preferential treatment provided in article 25 of these regulations, free visits to parks, memorial halls, museums, science and technology museums of guangzhou or its districts, and to scenic spots with government fixed price and government guided price shall be granted to the voluntary blood donors who have donated whole blood more than 10 times or have donated blood 20 times accumulatively, and to volunteers who have provided voluntary service for blood donation for more than 480 hours accumulatively.

　　other scenic spots, memorial halls, museums and other venues are encouraged to give preferential treatment.

　　article 27   in guangzhou, in addition to the preferential treatment provided in article 26 of these regulations, the following preferential treatment shall be granted to the voluntary blood donors who have donated whole blood more than 20 times or have donated blood 30 times accumulatively, and to volunteers who have provided voluntary service for blood donation for more than 600 hours accumulatively:

　　(1) for those who seek medical treatment in public medical institutions, they will enjoy priority treatment and will be exempted from the general outpatient examination fee;

　　(2) for those who are qualified, they may have priority to live in municipal or district public-run nursing facilities in accordance with the regulations.

　　article 28in guangzhou, in addition to the preferential treatment provided in article 27 of these regulations, the following preferential treatment shall be granted to the voluntary blood donors who have donated whole blood more than 30 times or have donated blood 40 times accumulatively, and to volunteers who have provided voluntary service for blood donation for more than 3,000 hours accumulatively:

　　(1) taking buses, trolly buses, river-crossing ferries, urban rail transit and other public transport means, free of charge;

　　(2) social security subsidies, which shall be given to those flexible employees who are qualified in accordance with regulations;

　　(3) the priorities to be given jobs, be recommended for employment, and be granted children's access to nurseries or schools under the same conditions.

　　article 29   voluntary blood donors or volunteers involved in blood donation services who are qualified for any national and provincial rewards and/or preferential treatments shall also enjoy such national and provincial rewards and preferential treatments.

　　the municipal health commission shall, in conjunction with relevant authorities, formulate measures for the implementation of rewards and preferential treatments in guangzhou.

　　article 30in guangzhou, the civil affairs bureaus, the medical security bureaus, and the red cross society and charitable organizations shall, in accordance with relevant regulations, carry out care and relief activities for the voluntary blood donors and volunteers involved in blood donation services who become poor due to illness.

　　chapter vi supervision, administration and legal liability

　　article 31the health commissions shall establish and improve the supervision and inspection mechanism, supervise and inspect the quality of blood collection and supply, practice activities and clinical blood supply activities by blood bank according to regulations, and communicate the inspection progress regularly.　

　　article 32the health commissions shall establish a complaint and report mechanism, and have the obligation of confidentiality to the complainants and whistleblowers.

　　citizens, legal persons or other organizations may complain or inform to the competent health commission or other relevant authorities about or against any violation of the relevant provisions of these measures.

　　if a health commission or competent authority receives a complaint or report from any citizen, legal person or other organization, it shall deal with the complaint or report in a timely manner, carry out investigation, verification or referral according to law, and inform the whistleblower or complainant of the handling result.

　　article 33anyone who, in violation of the provisions of the third paragraph of article 11 or the first paragraph of article 20 of these regulations, illegally engages in blood collection business or illegally organizes others to sell blood shall be banned by the competent district health commission, in which case, the illegal gains shall be confiscated, and the violator may also be fined less than rmb100,000; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 34if a blood bank violates the provisions of the first paragraph of article 14 of these regulations by collecting blood in violation of relevant operating procedures and systems, the municipal health commission shall order the blood bank to make correction; if any harm is caused to the health of blood donors, compensation shall be made according to law, and the officer in-charge who is directly responsible and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 35if a blood bank violates the provisions of the third paragraph of article 14 of these regulations by providing any medical institutions with blood that does not meet the national standards, the municipal health commission shall order the blood bank to make corrections; if the circumstances are serious enough to cause the spread of a disease transmitted by blood or to involve a serious risk of transmission, rectification shall be made within a time limit, and the officer in-charge directly responsible and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 36whoever violates the provisions of article 19 of these regulations by forging, altering, buying or selling blood donation certificates shall be punished by the competent public security organ in accordance with the law of the people's republic of china on administrative penalties for public security; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 37if a medical institution violates the provisions of article 22 of these regulations, the competent district health commission shall order it to make corrections; if any harm is caused to the patient's health, compensation shall be made according to law, and the officer in-charge directly responsible and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 38any blood bank or medical institution that has sold blood donated without compensation shall be banned by the municipal health commission, in which case, their illegal gains shall be confiscated and a fine of less than rmb100,000 may be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 39   if an administrative organ and its staff violate the provisions of these measures, by failing to perform their statutory duties, neglecting their duties, abusing their power, or engaging in malpractices for personal gain, the competent authority shall punish the officer in-charge directly responsible and other persons directly responsible according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　chapter vii supplementary provisions

　　article 40   for those who donated blood without compensation in guangzhou before the effectiveness of these regulations, and their spouses or immediate family members, if they need blood for clinical use, these regulations shall apply.

　　article 41these regulations shall come into force on may 1, 2021.