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Laws of the Jilin Province |
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(Adopted at the 32nd Session of the Standing Committee of
the 9th Jilin Provincial People' s Congress on September 27, 2002)
Article 1. These Regulations are formulated for the purposes of ensuring the necessity and safety of blood usage in medical and clinical treatment, protecting the health of blood donators and blood users, developing humanitarian spirit, promoting socialist material, cultural and ethical progress, in accordance with Law of Blood Donation of the People' s Republic of China and in light of the actual circumstances in this province.
Article 2. All the blood Donation and its related administrative activities within the administrative divisions of this province must observe these Regulations.
Article 3. The people' s governments at the county level and upwards shall guide the work of blood donation within their own administrative divisions, formulate the working plan for blood donation, ensure the funds on the work of blood donation, organize and harmonize related departments to do well the job of blood donation.
Article 4. The administrative departments of sanitation of the people' s governments at the county level and upwards shall be responsible for supervising and administrating the work of blood donation in their respective administrative divisions.
The related departments of the people' s governments at the county level and upwards should do well the work of blood donation according to their respective responsibilities.
The Red Cross Society at all levels shall participate in and improve the work of blood donation according to law.
Article 5. The press medium such as broadcasting, television and newspapers and periodicals shall have the obligation to develop the publicity of social public good and popular science about blood donation.
The schools at all levels should bring the knowledge of blood and blood donation into the course of health education or set up lectures on special topics.
Article 6. The municipal (prefecture), county (city or district) people' s governments shall be responsible for formulating and delivering the annual blood donation plans, the related units should mobilize and organize the citizens of the right age of these units to participate in blood donation, finish the annual blood donation plan of these units.
Article 7. The township (town) people' s governments and urban neighborhood offices should organize the citizens of the right age in their administrative areas to participate in blood donation according to the task of blood donation delivered by the people' s governments at the county level and upwards.
The villagers committees and the residents committees of communities should give active cooperation with the township (town) people' s governments and urban neighborhood offices to do well in mobilizing and organizing the citizens of the right age to participate in blood donation.
Article 8. Citizens may participate in the blood donation organized by their work units, they may also directly go to blood-donation stations or blood-taking spots to register to donate blood while carrying their valid identity cards.
If the individuals donate the blood, the amount of blood shall be counted into the annual amount of blood finished by their units.
Article 9. When the blood source is deficient seriously, in order to ensure the necessity of blood usage in medical and clinical treatment, the administrative departments of sanitation at the same level may assign the institutes such as state organs, enterprises, colleges and universities to organize the working staff of these units to participate in blood donation with the approval by the people' s governments at the county level and upwards. The appointed units must positively mobilize the working staff of these units to participate in blood donation.
Article 10. As for the donators, the blood donation stations shall deliver them a certificate of unpaid blood donation made by the administrative department of sanitation of the State Council.
Article 11. As for the units having finished the annual blood donation plan, the certificates of completion of blood plan shall be issued by the people' s governments having delivered the plan.
As for the units failing to finish the annual blood donation plan, the people' s governments having delivered the plan may issue the notification that the blood donation plan shall be finished within the time limit.
Article 12. It shall be forbidden to illegally organize other persons to sell blood.
It shall be forbidden to hire other persons to donate blood by imposture.
It shall be forbidden to infringe, borrow or hire other person' s blood donation certificate.
Article 13. No units or individuals shall be allowed to engage in the activities of blood taking or blood supply without the approval of the administrative department of sanitation of the provincial people' s government.
Article 14. When the blood-donation stations engage in the activities of blood taking or blood supply, they must abide by the following stipulations to ensure the blood quality:
(1)Before taking blood, the valid identity cards of donators shall be verified;
(2)When taking blood, the operating rules and systems must be strictly abided by;
(3)Blood-taking must be practiced by the medical workers of the blood-taking qualification;
(4)One-off sanitary equipments conforming to the state standards shall be used, and shall be destroyed timely after being used;
(5)The taken blood must be tested according to the related regulations of the administrative departments of sanitation of the State Council, the blood failing to be tested or unqualified after being tested mustn' t be provided to medical institutes.
(6)The packing, storing and transporting of the blood must conform to related regulations; and
(7)Other related provisions stipulated by laws, regulations and rules.
Article 15. When the blood-donation stations can' t timely provide the blood needed in first-aid treatment, they must report to the administrative departments of sanitation of the people' s governments at the county level and upwards. The medical institutions conducting the first-aid treatment may temporarily collect blood after being approved by the administrative departments of sanitation of the people' s governments at the county level and upwards, but they must strictly abide by the related regulations of the state on blood taking and blood usage to ensure the safety of blood taking and blood usage.
Article 16. The blood-usage system that individuals store blood, their spouse, parents and children can share mutual help, and the mutual help of units and the social aid are combined together shall be practiced.
Article 17. When citizens use blood in clinical medical treatment, the medical institutions shall collect the costs used in collecting, storing, separating and testing the blood according to the standards stipulated by the state.
Article 18. When medical institutions use blood in clinical treatment, they should use the blood provided by the blood-donation stations appointed by the administrative departments of sanitation of the provincial people' s government.
Medical institutions should test the blood used in clinical treatment, the blood that hasn' t been tested or doesn' t conform to the standards stipulated by the state after being tested must be used in clinical treatment.
Article 19. When medical institutions use blood in clinical treatment, they should execute the technical standards on blood transfusion, observe rational and scientific principles, actively carry out competent blood transfusion and auto-blood transfusion, it shall forbidden to abuse and waste blood.
Article 20. Those conforming to any of the following cases shall be given commend and prize by the people' s governments at the county level and upwards and by the Red Cross:
(1)The individuals that have donated the blood more than 1000 ml;
(2)The units that have overfulfilled the annual blood-donation plan for three years in succession;
(3)The units and individuals that have made outstanding contributions in the work of propagandizing, mobilizing, organizing and administrating unpaid blood donation;
(4)The units and individuals that have made outstanding contributions on the study and extending the new technology in the blood donation of medical and clinical treatment; and
(5)Other units and individuals that have made outstanding contributions in the work of blood donation, blood taking, blood supply and blood usage in medical and clinical treatment.
Article 21.Those who infringe, borrow or hire other person' s blood donation certificate shall be given a warning by the administration departments of sanitation of the people' s governments at the county level and upwards according to the seriousness of the circumstances, and shall be imposed a fine of RMBŁ¤300 to 1000.
Article 22. Those, who violate these Regulations and have any of the following behaviors, shall be suppressed and confiscated the illegal incomes and may be imposed a fine of RMBŁ¤10000 to 50000 by the administration departments of sanitation of the people' s governments at the county level and upwards; where the circumstance is serious, a fine of RMBŁ¤ 50000 to 100000 shall be imposed; where a crime is constituted, the criminal liability shall be investigated for according to law:
(1)Those taking blood illegally;
(2)Those blood-donation stations or medical institutions selling the unpaid donation blood; and
(3)Those organizing others illegally to sell blood
Article 23. Those that violate the related operation rules and systems to take blood shall be ordered to correct by the administration departments of sanitation of the people' s governments at the county levels and upwards; those that have damaged the donators' health shall compensate according to law, the directly responsible person in charge and other directly responsible persons shall be given an administrative sanction according to law; where a crime is constituted, the criminal liability shall be investigated for according to law.
Article 24. As for the packing, storing and transporting of the blood used in medical and clinical treatment failing to conform to the sanitation standards and demands stipulated by the state, the administration departments of sanitation of the people' s governments at the county level and upwards shall order them to correct, give a warning, and a fine of RMBŁ¤ 3000 to 10000 may be imposed at the same time.
Article 25. If blood-donation stations violate these regulations to supply medical institutions with the blood that doesn' t conform to the standards stipulated by the state, they shall be ordered to correct by the administration departments of sanitation of the people' s governments at the county levels and upwards; where the circumstance is serious, the spread of disease caused by way of blood or the spread of serious dangers has been caused, the stations shall be rectified within a time limit; where the patients' health has been damaged, they shall be given compensation according to law, and the directly responsible persons in charge and other directly responsible persons shall be given an administrative sanction according to law; where a crime is constituted, the criminal liability shall be investigated for according to law.
Article 26. If medical institutions violate these regulations to use the blood that doesn' t conform to the standards stipulated by the state to treat patients, they shall be ordered to correct by the administration departments of sanitation of the people' s governments at the county levels and upwards; those that have damaged the patients' health should make a compensation according to law, the directly responsible person in charge and other directly responsible persons shall be given an administrative sanction according to law; where a crime is constituted, the criminal liability shall be investigated for according to law.
Article 27. If the blood-donation stations deliver the unpaid donation certificates to the individuals who haven' t participated in the unpaid blood donation, they shall be ordered to correct by the administration departments of sanitation of the people' s governments at the county levels and upwards and the directly responsible person in charge or other directly responsible persons shall be given an administration sanction according to law.
Article 28. If the administration departments of sanitation, their working staff or other persons who engage in blood donation work neglect their duties and take and accept bribes in the work of supervising and administrating blood donation and blood usage, and where a serious circumstance is caused and a crime is constituted, the criminal liability shall be investigated for according to law; where a crime hasn' t caused, they shall be given an administrative sanction by their work units or by their higher administrative departments according to law.
Article 29. These regulations shall be promulgated as of the date of January 1,2003.
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