(adopted at the 37th meeting of the Standing Committee of the 15th Tianjin Municipal People's Congress on February 24th, 20 12)
Chapter I General Principles
Article 1 In order to standardize the donation of human organs, protect the legitimate rights and interests of donors, advocate the humanitarian spirit of donating human organs to heal the wounded and rescue the dying, and promote the progress of social civilization, these Regulations are formulated in light of the actual situation of this Municipality.
Article 2 These Regulations shall apply to human organ donation and related activities within the administrative area of this Municipality.
The term "human organs" as mentioned in these Regulations refers to human organs such as heart, lung, liver, kidney and pancreas that still have specific functions after death.
Article 3 Donation of human organs shall follow the principle of voluntariness and free of charge.
The city encourages the donation of human organs. The relevant units and individuals shall give support to human organ donation.
The distribution and utilization of donated human organs should follow the principles of science, fairness and justice, and abide by the relevant provisions of the state.
Article 4 The people's governments at all levels in this Municipality and the relevant departments of health, civil affairs, transportation, public security and finance shall take measures according to law to actively support human organ donation.
Article 5 Newspapers, radio, television, internet and other media shall, in light of their own characteristics, carry out public welfare publicity on human organ donation and promote the formation of a social atmosphere conducive to human organ donation.
Article 6 State organs, social organizations, military units, enterprises and institutions, residents' committees and villagers' committees shall assist the Red Cross in publicizing the significance of human organ donation, popularize scientific knowledge of human organ donation and promote the development of human organ donation.
Article 7 The Municipal People's Government, the municipal public health administrative department and the Municipal Red Cross Society shall reward the units and individuals that have made remarkable achievements in human organ donation.
Chapter II Organizational Responsibilities
Eighth Municipal Human Organ Donation Committee is responsible for the organization, coordination and promotion of human organ donation.
The municipal public health administrative department is responsible for the supervision and management of human organ donation.
The Municipal Red Cross Society is responsible for the publicity and mobilization of human organ donation, donation registration, donation witness, donation certification, humanitarian relief, memory and commemoration, etc.
Article 9 The Municipal Red Cross Society shall select human organ donation coordinators among the staff of the Red Cross organizations and medical institutions.
The coordinator of human organ donation should be well-behaved, enthusiastic about public welfare, understand the relevant knowledge of human organ donation, and have the corresponding communication and coordination skills.
The Municipal Red Cross Society shall train, uniformly register and issue certificates to human organ donation coordinators, and guide and supervise their business.
Article 10 The coordinator of human organ donation shall be responsible for the popularization of knowledge, publicity and consultation, information submission of human organ donation, communication with people willing to donate and their relatives, and participation in commemorative activities of human organ donors.
Eleventh medical institutions in this Municipality shall actively support the work of human organ donation, publicize the scientific knowledge of human organ donation, and provide relevant information to the Municipal Red Cross in a timely manner.
Chapter III Donation Registration
Article 12 The Municipal Red Cross Society and its entrusted district and county Red Cross Societies are the registration agencies for human organ donation.
The human organ donation registration institution shall announce its contact address, contact information and other information to the public.
Thirteenth City Red Cross Society to establish and improve the registration system of human organ donation.
The registration system of human organ donation should include the donation registration, organ acquisition, organ distribution, organ transplantation and other related information of human organ donation.
Fourteenth donation of human organs should be expressed in writing by myself, and registration procedures should be handled with the human organ donation registration agency. The human organ donation registration institution and the human organ donation coordinator shall assist them in completing the donation registration.
After the registration of donation intention, the Municipal Red Cross Society shall issue a registration certificate of human organ donation to those who express their willingness to donate.
Fifteenth the donor's spouse, adult children and parents should respect the donor's willingness to donate.
Sixteenth after the registration of donation intention, I can request to change or cancel the registration. The registration institution shall change or cancel in time.
After the donation intention is registered, I have the right to inquire about my registration in the human organ donation registration system, and the registration agency shall provide assistance.
Article 17 After the death of a person who did not explicitly express his intention to donate human organs before his death, his spouse, adult children and parents may agree in writing to donate human organs of the deceased.
Whoever donates human organs in the form specified in the preceding paragraph shall record the relevant donation information in the human organ donation registration system.
Chapter IV Protection of Rights
Eighteenth people who express their willingness to donate and donors' willingness to donate, donation behavior and personal dignity are protected by law and respected by the society.
Article 19 When a donor's spouse, parents, children, brothers and sisters, grandparents, grandchildren and grandchildren receive human organ transplants for medical needs, priority may be given.
Article 20 Medical institutions and relevant medical personnel shall treat the remains of donors in accordance with ethical principles and respect the dignity of donors.
Twenty-first civil affairs departments should exempt donors from funeral expenses and provide convenient conditions for them to handle funeral matters.
Twenty-second City Red Cross Society shall issue honorary certificates of human organ donation to the relatives of donors, set up memorial facilities for donors, and organize regular mourning activities.
Twenty-third City Red Cross Society can set up a human organ donation relief fund in accordance with the relevant provisions of this Municipality to help the families of donors with financial difficulties.
The Red Cross and relevant units shall, according to the needs, give necessary care and help to the relatives of donors with financial difficulties.
Twenty-fourth human organ donation coordinators and medical personnel to carry out human organ donation work according to law, their legitimate rights and interests are protected by law, the relevant units and individuals should give support and assistance, and provide convenient conditions.
Chapter V Supervision and Administration
Twenty-fifth municipal public health administrative departments shall supervise and inspect the human organ donation and related work of human organ donation registration institutions and medical institutions.
The Municipal Red Cross Society shall regularly report the registration information, donation completion information and related work of human organ donation to the municipal health administrative department for the record.
Twenty-sixth medical institutions shall promptly report the information of organ acquisition and organ transplantation to the Municipal Red Cross Society.
Twenty-seventh municipal health administrative departments, the Red Cross, relevant medical institutions and their staff should keep confidential the information and materials related to human organ donation.
Article 28 The registration of human organ donation by the Municipal Red Cross Society and the relevant supervision and management by the municipal public health administrative department shall be subject to social supervision.
Any organization or individual has the right to report illegal acts involving human organs to the municipal public health administrative department or the relevant judicial department. The relevant departments shall promptly investigate and deal with it, and shall be investigated for criminal responsibility according to law if the case constitutes a crime.
Chapter VI Supplementary Provisions
Twenty-ninth relatives donated living organs should be handled in accordance with the relevant provisions of the state, and the relevant donation information should be included in the human organ donation registration system.
Donor cornea shall be implemented with reference to these regulations.
Thirtieth people who express their willingness to donate express their willingness to donate their remains while registering human organs, and the Red Cross Society shall jointly handle matters related to the registration of donated remains.
Article 31 These Regulations shall come into force on March 1 day, 2065.
Regulations of Shandong Province on Donation of Bodies
Chapter I General Provisions
Article 1 In order to encourage the donation of remains, standardize the donation of remains, develop medical science, benefit human society and promote the construction of socialist spiritual civilization, these Regulations are formulated according to the actual situation of this province.
Article 2 The term "donation of remains" as mentioned in these Regulations refers to the act of a natural person voluntarily donating all or part of his remains to the medical cause after his death, and the act of his close relatives donating all or part of his remains to the medical cause after the death of a natural person who did not express his will before his death.
Article 3 These Regulations shall apply to the donation, acceptance, utilization and related management activities of remains within the administrative area of this province.
Article 4 Donation of remains shall follow the principle of voluntariness and free of charge.
Donated remains should be used for medical education, scientific research and clinic.
Article 5 The administrative department of health at or above the county level is the competent department of body donation, and is responsible for the organization, management and supervision of body donation.
The Red Cross Society at or above the county level is responsible for the specific work of body donation.
Public security, civil affairs, finance, education and other departments shall, in accordance with their duties, assist in the donation of remains.
Radio, television, newspapers and other news organizations shall publicize the donation of remains for public welfare.
Article 6 The donation behavior and personal dignity of donors shall be respected by society and protected by law.
Seventh people's governments at all levels or relevant departments shall commend and reward the units and individuals that have made remarkable achievements in the donation of remains.
Chapter II Donation Registration
Article 8 Natural persons with full capacity for civil conduct may donate remains.
Where a person with limited capacity for civil conduct donates his remains, he shall obtain the written consent of his guardian.
Article 9 The expression of intention of a donor's donation behavior must be true. If a donor voluntarily donates his body before his life, his close relatives shall respect the donor's willingness to donate.
Article 10 The Red Cross Society at or above the county level is the body donation registration institution (hereinafter referred to as the registration institution), which is responsible for the registration of body donation.
The registration institution shall announce its name, address, contact information and working hours to the public.
Article 11 Donors may go through the registration procedures for donation of remains in the following ways:
(1) Registration with the registration authority;
(two) require the registration agency to register at home;
(3) Other ways to facilitate registration.
After the death of a natural person who did not go through the registration procedures of body donation before his death, his close relatives can go through the registration procedures of body donation with the identity documents of himself, the deceased and all close relatives with full capacity for civil conduct, except that the deceased explicitly stated that he would not donate his body before his death.
Twelfth for donation procedures need to fill in the registration form of body donation. The registration form for donation of remains shall contain the following items:
(a) the name, gender, age, name and contact information of the donor's work unit or residence neighborhood committee;
(two) the purpose of donating the remains or the name and purpose of donating some of the remains;
(3) The name and contact information of the donor;
(4) the donee of the donation;
(five) cremation and disposal of the remains after use;
(6) Other matters.
Donors can indicate confidentiality and other related matters on the registration form of body donation; If the donor fails to indicate the protection of personal privacy when registering, the registration institution and the receiving unit shall keep it confidential.
After the registration of body donation, the registration agency will issue a donation card to the donor.
Article 13 A donor may entrust the executor of the donation before his death. The executor of the donation can be a natural person other than his close relatives, or an organization such as the neighborhood Committee and the old-age care institution of his former work unit and place of residence.
After the death of a natural person who did not express his willingness to donate before his death, the close relatives who donated his remains shall be the donors.
Article 14 After going through the registration formalities for donation of remains, the donor may change the registration contents or cancel the registration. The registration institution shall handle the change registration or cancellation registration according to the requirements of the donor.
Chapter III Reception, Utilization and Disposal
Article 15 The donee of body donation (hereinafter referred to as the donee) shall meet the following conditions:
(1) Medical colleges, medical research institutions and medical prevention institutions with the ability to carry out medical research and teaching;
(two) institutions and personnel engaged in the work of receiving remains;
(3) Having equipment and places suitable for accepting the remains.
Sixteenth units that apply for accepting the donation of remains shall be approved by the provincial health administrative department and qualified to accept the donation of remains before they can carry out the donation of remains.
Seventeenth after the death of the donor, the donor executor shall promptly notify the corresponding receiving unit to handle the relevant procedures.
Eighteenth receiving units shall receive the remains within twenty-four hours after receiving the notice.
In case of death due to unexpected factors, if the relevant units and personnel find that the deceased is a donor, they shall promptly notify the donor executor and the corresponding recipient unit.
Nineteenth in accepting and transporting donated remains or organizations, public security, transportation, civil affairs and other relevant departments should provide convenience.
Twentieth after receiving the remains, the receiving unit shall notify the original registration authority in writing within three days, and the registration authority shall grant the donor an honorary certificate.
The recipient entity shall use the donated remains for medical education, scientific research and clinical use in strict accordance with the wishes of the donor. After the remains are used, the receiving unit shall be responsible for sending them to the funeral unit for cremation, and bear the transportation and cremation expenses of the remains.
Twenty-first body donation registration form, donation card and certificate of honor, printed by the provincial Red Cross.
Twenty-second medical institutions with the technical conditions to carry out tissue transplantation of remains can set up a tissue bank after examination and approval by the provincial health administrative department.
The provincial health administrative department shall formulate the standards for the establishment and inspection of institutional repositories, and implement the annual inspection system for institutional repositories.
Twenty-third it is forbidden for receiving units, registration agencies and medical institutions that set up tissue banks to buy or sell donated remains and tissues, or to extract remains and tissues against the wishes of donors.
Twenty-fourth close relatives of donors can enjoy certain preferential treatment for the clinical use of remains in accordance with the provisions of the provincial health administrative department.
Twenty-fifth receiving units shall establish special files, complete records of the use of the remains, and report to the health administrative department at or above the county level and the Red Cross for the record.
The close relatives of the donor or the executor of the donor have the right to inquire about the utilization of the remains to the registration authority, and the unit that accepts the inquiry shall give a written reply within seven days.
Chapter IV Legal Liability
Twenty-sixth in violation of the provisions of the first paragraph of article eighteenth and the provisions of article twentieth, the provincial health administrative department shall order it to make corrections within a time limit; If the circumstances are serious, the qualification for accepting the remains may be cancelled.
Twenty-seventh in violation of the provisions of article twenty-third, by the health administrative department at or above the county level shall be fined three thousand yuan to thirty thousand yuan; Illegal income, confiscate the illegal income; If the case constitutes a crime, criminal responsibility shall be investigated according to law; The responsible medical personnel shall have their practicing certificates revoked by the health administrative department at or above the county level in accordance with the provisions of the Law of People's Republic of China (PRC) Municipality on Medical Practitioners.
Twenty-eighth in violation of the provisions of this Ordinance, under any of the following circumstances, the health administrative department at or above the county level shall order it to stop the illegal act, and may impose a fine of more than 1000 yuan 10000 yuan; If there are illegal gains, the illegal gains shall also be confiscated:
(a) without the approval of the provincial health administrative department to accept the remains;
(two) without the approval of the provincial health administrative department to set up an institution library.
In violation of the provisions of this Ordinance, the institutional repository fails to participate in the annual inspection as required, and its institutional repository qualification is cancelled; If the tissue bank continues to store donated remains and tissues, it shall be given administrative punishment in accordance with the provisions of the preceding paragraph.
Twenty-ninth in violation of the provisions of the provisions of article twenty-fifth, the health administrative department at or above the county level shall be ordered to make corrections within a time limit.
Thirtieth personnel engaged in the registration and acceptance of body donation in violation of the provisions of these regulations shall be criticized and educated or given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 31 These Regulations shall come into force as of March 6, 2003.
Release Department: Shandong Provincial People's Congress (including the Standing Committee) Release Date: 0 1.02, 2003 Implementation Date: 0 1.03, 2003 (local regulations).