深圳经济特区人体器官捐献移植条例 Regulations of Shenzhen Special Economic Zone on the Donation and Transplantation o

（Adopted at the Twenty-sixth meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on August 22， 2003.）

颁布日期：20030908 　实施日期：20031001 　颁布单位：深圳市人大常委会

　　Chapter Ⅰ General Provisions

　　Article 1 In order to recover the function of human organ or rescue the life， standardize the donation and transplantation of human organ， and safeguard the lawful rights and interests of the donator of the human organ and the person accepting the transplantation of human organ， these regulations are formulated in accordance with the basic principles of the laws and administrative regulations.

　　Article 2 These regulations are applicable to the donation and transplantation of the human organ （human tissue）， except the following human tissues：

　　（1） the blood and its products；

　　（2） the sperm and the ovum；

　　（3） the embryo；

　　（4） other tissues provided in laws and regulations.

　　Article 3 The donation of human organ shall observe the principles of voluntariness and no compensation. It is prohibited to purchase or sell the human organ by any means.

　　It is encouraged that the individual donates the human organ after his death.

　　Article 4 The transplantation of human organ shall observe the principles of justice and equity.

　　The transplantation of human organ shall observe the generally acknowledged medical principles， accord with the developing level of the national medical science and technology， and preferentially consider other more suitable methods of medical treatment.

　　The transplantation of human organ shall not violate relevant laws and regulations.

　　Article 5 The administrative department of health of Shenzhen Municipality （hereinafter referred to as the municipal department of health） is the competent department for donation and transplantation of human organ.

　　Chapter Ⅱ Exenteration and Implantation of Human Organ

　　Article 6 To donate the human organ after one died shall meet one of the following requirements：

　　（1） the dead has agreed to donate the human organ with written will or other written forms before his death；

　　（2） the close relative of the dead has agreed in writing and the dead has no expression of disagreeing to donate the human organ during his lifetime；

　　（3） the dead‘s awareness is sober before death and has the oral expression of agreeing to donate the human organ， at the same time more than two physicians who will not participate in the exenteration or implantation of human organ testify those conditions in writing， and his close relative is not opposed.

　　Article 7 To donate the human organ before one died shall satisfy the following conditions：

　　（1） he has reached 18 years old and has the complete civil capacity；

　　（2） he has the true expression of agreeing to donate the human organ in writing；

　　（3） the donation won‘t endanger his life；

　　（4） the human organ except the human tissue shall be transplanted to the lineal kinship and the collateral relatives within 3 generations.

　　The minor who has not reached 18 years old， with the consent of his parents or the guardian， may donate the marrow to the close relative.

　　If the donated human organ is transplanted to the spouse， the spouse shall have procreated the child with the person who donates the human organ or have been married with him for more than two years， except that the spouse has been ill after marriage and needs to receive the transplantation of human organ indeed.

　　Others who donate the human organs before death shall file applications to the municipal department of health. The donation may be implemented only after having been approved.

　　Article 8 The donator of human organ （hereinafter referred to as the donator） and the person receiving the transplantation of hum

an organ （hereinafter referred to as the patient） have the right to learn the truth and make decisions. They have the right to know about the feasibility and outcomes of the transplantation of human organ， the process of the surgical operation and the influence to the their health， have the right to decide whether or not to donate the human organ or receive the transplantation of human organ， and have the right to revoke the decision of donation or acceptance of the transplantation orally or in writing.

　　For the patients without or with limited civil capacity who may not fulfill the right to learn the truth or make decisions， whether they accept the transplantation of organ or not shall be decided by their legal representations or guardians.

　　Article 9 The hospital and physician shall tell the donator and patient the right to know about the feasibility or make decisions they shall enjoy， and make true and comprehensive explanations to the matters that they shall know.

　　Article 10 If the human organ is exenterated from the remains， it may be done only after at least two physicians who have not participated in the treatment and have the qualifications of higher than vice director have made the written judgment to confirm the death of the donator.

　　The physicians who have made the judgment to confirm the death of the donator shall not participate in the exenterating or implanting operation of the human organ mentioned above.

　　Article 11 If the remains needs to be appraised according to law or it is necessary to go on examining after appraisal， the human organ shall not be exenterated from it.

　　If the physician who judges the death of the donator considers that the death of the donator is obviously irrelevant to the exenterated human organ， and the waiting for appraisal according to law will delay the opportunity to exenterate the human organ，with the written consent of the coroner and the close relatives of the dead， the human organ may be exenterated.

　　Article 12 The physician shall properly deal with the human organ after it has been exenterated from the remains.

　　Article 13 Within two hours after the human organ has been exenterated， the physician shall report the retails relevant to the exenterated human organ and the donator to the hospital. The hospital shall report the relevant retails to the municipal Red Cross within 24 hours.

　　Article 14 The hospital carrying out the transplanting operation of the human organ shall construct the preserving storehouse to preserve the exenterated human organ properly.

　　The construction and management of the preserving storehouse of human organ shall accord with relevant technical standards and administrative provisions.

　　Article 15 The exenterated human organ that is examined unsuitable for implantation may be used for scientific research or be burnt down， but shall be reported to the municipal department of health for record.

　　Article 16 All patients shall equally enjoy the right to acquire the transplantation of human organ.

　　The sequence for the patient to receive the transplantation of human organ shall be determined by the municipal Red Cross according to the time order of applying for registration. Only if the previous candidate patient is unsuitable for accepting the transplantation of human organ， may the candidate patient of the following sequence be selected.

　　The judgment on whether the patient is suitable for accepting the transplantation of human organ or not shall observe the generally acknowledged medical standards.

　　The patient whose close relative has already donated the human organ may enjoy the priority when accepting the transplantation of human organ. The sequence of the patients who enjoy the priority at the same time shall be determined by the municipal Red Cross according to the time order of applying for registration.

　　Art

icle 17 The patient shall pay the normal medical expenses needed for the operation of transplantation only.

　　Chapter Ⅲ Administration and Supervision

　　Article 18 The municipal department of health shall administer and supervise the donation and transplantation of human organ and perform the following powers and duties：

　　（1） to enact the technical standards of the donation and transplantation of human organ and relevant administrative provisions；

　　（2） to supervise the donation and transplantation of human organ；

　　（3） to examine and approve （verify） the qualification and classification of the hospitals and physicians that apply to implement the donation and transplantation of human organ；

　　（4） other powers and duties provided in laws and regulations.

　　Article 19 The municipal Red Cross shall be responsible for accepting the applications for donating the human organ and setting up the information bank of human organ. It shall register and make statistic to the materials reported by the hospital and link its information net with all the hospitals and relevant departments.

　　When receiving the application for donating the human organ， the hospital shall make registration and report it to the municipal Red Cross within 5 days.

　　Article 20 The hospital shall be responsible for accepting the application for transplanting the human organ and registering the information of the patient.

　　The hospital shall report the registered information to the municipal Red Cross wholly and truly within 3 days.

　　Article 21 The municipal Red Cross shall catalogue the information of the donator of the human organ and the patient according to the indication， contraindication， suitable age， matching tissue and

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