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

other medical standards， and record them into the information bank of human organ. The recorded materials shall be feed back to the donator or the close relative of the dead and patient in time and be confirmed by them.

　　The municipal Red Cross shall guarantee the information and data of the information bank of human organ to be whole and true， which shall not be deleted or altered without the written application of the donator or patient.

　　Article 22 The hospital and physician performing the operation of transplanting the human organ shall have the qualification determined by the municipal department of health and implement the transplantation according to the verified classification. The hospital， other medical organization and individual having no corresponding qualifications may not perform the operation of exenterating or transplanting the human organ.

　　Article 23 The municipal department of health shall supervise the sequence of the patient in the information bank of human organ. If relevant parties are not satisfied with the sequence， he may complain to the municipal department of health. The municipal department of health shall investigate and verify the complaint and give written reply within 15 working days from the date on which the complaint is received.

　　Article 24 The hospital， municipal Red Cross， physician and relevant working staff shall keep the materials of the donator of human organ and the patient confidential.

　　Chapter Ⅳ Legal Responsibilities

　　Article 25 If any one violates the provisions of these regulations to purchase or sell the human organ with any means， the municipal department of health shall confiscate the illegal gains. If any one resells the human organ， he shall be fined 10 times of the illegal gains at the same time. If any one purchases the human organ， he shall be fined more than 3 times but less than 5 times of the selling price.

　　If the physician， hospital or other medical organizations undertake or participate in purchasing or selling the human organ， the physician shall be fined 10 times of the transaction volume， be revoked the practicing certificat

e and be given the administrative punishment of expulsion or be discharged， the hospital and other medical organization shall be fined 20 times of the transaction volume and be canceled the specialized qualification for the operation of transplanting the human organ， and relevant liable persons of the hospital and other medical organization shall be revoked the practicing certificate and be given the administrative punishment of expulsion or be discharged.

　　If the business of purchasing or selling human organ constitutes a crime， the relevant person shall be prosecuted for the criminal responsibility according to law.

　　Article 26 If any one violates the provisions of Article 10 of these regulations， the municipal department of health shall give the administrative punishment to relevant parties. If the circumstances are serious， they may be revoked the practicing certificate.

　　Article 27 If any hospital and physician violate the provisions of Article 15 of these regulations， failing to deal with the human organ that is not suitable for transplantation according to the provided measures， they shall be warned by the municipal department of health and the hospital shall be fined more than 5，000 yuan but less than 30，000 yuan.

　　Article 28 If the municipal Red Cross violates the provisions of Article 16 and Article 22 of these regulations， having one of the following conditions， the municipal department of health shall order it to make corrections， give the administrative punishment to the person directly liable and fine it 30，000 yuan：

　　（1） to alter the sequence of the patient arbitrarily；

　　（2） to delete or alter the materials in the information bank of human organ arbitrarily.

　　Article 29 If the physician without the qualification violates the provisions of Article 22 of these regulations to perform the operation of transplanting the human organ， the municipal department of health shall give the administrative punishment to him， fine him more than 50，000 yuan but less than 100，000 yuan and revoke his practicing certificate； If the hospital and other medical organizations without the special qualification for transplanting the human organ perform the operation of exenterating or transplanting the human organ， the municipal department of health shall fine them more than 300，000 yuan but less than 500，000 yuan and revoke the practicing certificate of the leading officials.

　　Article 30 If any one violates the provisions of Article 24 of these regulations， disclosing the materials of the donator or patient， the municipal department of health shall fine the person directly liable 10，000 yuan.

　　Article 31 If the hospital， other medical organizations， municipal Red Cross and its working staff violates the provisions of these regulation， the municipal department of health shall give the administrative punishments to the leading official and person directly liable of the unit. If damages are caused to the person connected just because of their behaviors， they shall take the compensation liabilities according to law.

　　Article 32 If the working staff of the municipal department of health fail to perform their duties， abuse their powers， neglect their duties or play irregularities for favoritism in the cause of implementing these regulations， they shall be given the administrative punishments. If their behaviors constitute a crime， they shall be prosecuted for the criminal responsibilities according to law.

　　Article 33 If the hospital and physician violate the provisions of the law and constitute crimes when carrying out the transplantation of human organ， they shall be prosecuted the criminal responsibilities according to law.

　　Chapter Ⅴ Supplementing Provisions

　　Article 34 The municipal department of health shall enact the following provisions to support the donating and transplanting work of the human organ：

　　（1） the

catalogue of the human organ that may be implemented the transplantation；

　　（2） the standards of installment and administrative measures of the preserving storehouse of human organ；

　　（3） the measures how to deal with the human organs that are not suitable for implantation；

　　（4） the administrative provisions and secrete provisions to the information bank of human organ；

　　（5） the measures on determining the qualification of the hospital and physician that can perform the operation of transplanting the human organ.

　　Article 35 The scope and sequence of the close relative as referred to in these regulations are the followings：

　　The first sequence： the spouse， children， parents；

　　The second sequence： brothers and sisters；

　　The third sequence： grandparents， grandparents-in-law， grandchildren.

　　If the close relatives of the dead make written agreement according to these regulations， all close relatives with complete civil capacity of the first sequence shall make written agreement. If there is no close relative of the first sequence or none of the close relative of the first sequence has complete civil capacity， all close relatives with complete civil capacity of the second sequence shall make written agreement. If there is no close relative of the second sequence or none of the near relative of the second sequence has complete civil capacity， all close relatives with complete civil capacity of the third sequence shall make the written agreement.

　　Article 36 These regulations shall go into effect as of October 1， 2003

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/