Article 2 The State practices the system of blood donation without compensation.
The state encourages healthy citizens aged 18 to 55 to donate blood voluntarily.
Article 3 Local people's governments at various levels shall lead the blood donation work within their respective administrative areas, make unified plans, and be responsible for organizing and coordinating relevant departments to do a good job in blood donation work.
Article 4 The health administrative department of the people's government at or above the county level shall supervise and manage blood donation.
Red Cross Societies at all levels shall participate in and promote blood donation according to law.
Fifth people's governments at all levels should take measures to widely publicize the significance of blood donation, popularize scientific knowledge of blood donation, and carry out education on prevention and control of blood-borne diseases.
The news media should publicize blood donation for public welfare.
Article 6 State organs, armed forces, social organizations, enterprises and institutions, residents' committees and villagers' committees shall mobilize and organize school-age citizens in their own units or areas to participate in blood donation.
Measures for mobilization and organization of military blood donation shall be formulated by the competent health department of China People's Liberation Army.
For blood donors, blood donation card made by the health administrative department of the State Council will be awarded, and relevant units can give appropriate subsidies.
Article 7 The State encourages state functionaries, soldiers and students in institutions of higher learning to take the lead in donating blood and establish a new social trend.
Article 8 Blood stations are institutions that collect and provide blood for clinical use, and are non-profit-making public welfare organizations. The establishment of blood stations to collect citizens' blood must be approved by the health administrative department of the State Council or the health administrative department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Blood stations should provide all kinds of safe, hygienic and convenient conditions for blood donors. The establishment conditions and management measures of blood stations shall be formulated by the administrative department of health of the State Council.
Article 9 Blood stations must conduct necessary health checks for blood donors free of charge; If the physical condition does not meet the requirements for blood donation, the blood station shall explain the situation to it and shall not collect blood. The physical health conditions of blood donors shall be stipulated by the administrative department of health of the State Council.
The amount of blood collected by a blood station from a blood donor at a time is generally 200 ml, which shall not exceed 400 ml at most, and the interval between two collections shall not be less than six months.
It is strictly forbidden for blood stations to collect blood from blood donors in excess and frequently in violation of the provisions of the preceding paragraph.
Article 10 Blood collection in blood stations must strictly abide by relevant operating rules and regulations, and blood collection must be carried out by qualified medical personnel, and disposable blood collection equipment must be destroyed after use to ensure the health of blood donors.
Blood stations shall ensure blood quality according to the 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 to pass the test shall not be provided to medical institutions.
Article 11 Blood donated without compensation must be used for clinical purposes and may not be bought or sold. Blood stations and medical institutions shall not sell blood donated without compensation to apheresis stations or blood products production units.
Article 12 The packaging, storage and transportation of blood for clinical use must meet the hygienic standards and requirements stipulated by the state.
Thirteenth medical institutions must test the blood for clinical use, and may not use blood that does not meet the standards prescribed by the state for clinical use.
Fourteenth citizens only pay for blood collection, storage, separation, inspection and other expenses when using blood for clinical use; The specific charging standards shall be formulated by the health administrative department of the State Council in conjunction with the price administrative department of the State Council.
Free blood donors are exempt from the fees prescribed in the preceding paragraph when they need blood clinically; When blood donors inform their spouses and immediate family members of the need for blood for clinical use, they may waive or reduce the fees specified in the preceding paragraph in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 15 In order to ensure the needs of citizens 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, units and society to help each other donate blood.
In order to ensure emergency blood use, medical institutions may collect blood temporarily, but the safety of blood collection shall be ensured in accordance with the provisions of this law.
Article 16 Medical institutions shall make plans for clinical blood use, follow the principles of rationality and science, and shall not waste or abuse blood.
Pure medical institutions shall actively carry out blood transfusion according to actual medical needs, and the specific management measures shall be formulated by the health administrative department of the State Council.
The state encourages the research and popularization of new technologies for clinical blood use.
Seventeenth people's governments at all levels and the Red Cross Society shall reward units and individuals who actively participate in blood donation and have made remarkable achievements in blood donation work.
Article 10 Any of the following acts shall be banned by the administrative department of health of the local people's government at or above the county level, and the illegal income shall be confiscated, and a fine of100000 yuan may be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) illegally collecting blood;
(2) Blood stations and medical institutions sell blood donated without compensation;
(3) illegally organizing others to sell blood.
Article 19 Where a blood station collects blood in violation of relevant operating rules and regulations, the health administrative department of the local people's government at or above the county level shall order it to make corrections. Damage to the health of blood donors shall be compensated according to law, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 20 If the packaging, storage and transportation of blood for clinical use do not meet the hygienic standards and requirements stipulated by the state, the health administrative department of the local people's government at or above the county level shall order it to make corrections, give it a warning and may concurrently impose a fine of less than 1 10,000 yuan.
Article 21 If a blood station, in violation of the provisions of this Law, provides blood to a medical institution that does not meet the standards prescribed by the state, the health administrative department of the people's government at or above the county level shall order it to make corrections; If the circumstances are serious, resulting in the spread of blood-borne diseases or serious risk of spread, rectification shall be made within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 22 If medical personnel in medical institutions use blood that does not meet the standards prescribed by the state for patients in violation of the provisions of this Law, the health administrative department of the local people's government at or above the county level shall order them to make corrections; If the patient's health is damaged, it shall be compensated according to law, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-third health administrative departments and their staff in the supervision and management of blood donation and blood use, dereliction of duty, resulting in serious consequences, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Article 24 This Law shall come into force as of 1 June 19981day.