Regulations of Shenzhen Special Economic Zone on Human Organ Donation and Transplantation (revised on 20 19)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations in order to restore the functions of human organs or save lives, standardize the donation and transplantation of human organs, and protect the legitimate rights and interests of donors and recipients of human organs. Article 2 These Regulations apply to the donation and transplantation of human organs (human tissues), except the following human tissues:

(1) Blood and its products;

(2) Sperm and egg;

(3) embryo;

(4) It is otherwise stipulated by laws and regulations. Article 3 Donation of human organs shall be voluntary and free, and it is forbidden to buy or sell human organs in any way.

Encourage individuals to donate human organs behind them. Article 4 Human organ transplantation shall follow the principles of justice and fairness.

Human organ transplantation should be based on recognized medical principles, conform to the development level of national medical science and technology, and give priority to other more suitable medical methods.

Human organ transplantation shall not violate relevant laws and regulations. Article 5 The municipal public health department is the competent department of human organ donation and transplantation. Chapter II Extraction and Implantation of Human Organs Article 6 Whoever donates human organs after death shall meet one of the following conditions:

(a) The deceased agreed to donate in a written will or other written form before his death;

(two) the written consent of the close relatives of the deceased and the deceased did not express his disapproval of the donation before his death;

(3) The deceased was conscious before his death, verbally expressed his willingness to donate, and there were written certificates issued by two or more doctors who did not participate in the harvesting or implantation of the human organ, and his close relatives did not object. Article 7 Whoever donates human organs before his death shall meet the following conditions:

(a) at least 18 years old, with full capacity for civil conduct;

(two) a written consent with the true meaning of donation;

(3) It does not endanger its life safety;

(4) It is limited to immediate family members and collateral relatives within three generations, except those who donate human tissues.

Minors under the age of 18 may donate bone marrow to their close relatives with the consent of their parents or guardians.

Where a donated human organ is transplanted to a spouse, the spouse receiving the human organ transplant shall have children with the human organ donor or have been married for more than two years. However, unless you really need a human organ transplant after marriage.

Other people who donate human organs before their lives shall apply to the municipal health department and be implemented after approval. Article 8 Human organ donors (hereinafter referred to as donors) and recipients of human organ transplants (hereinafter referred to as patients) have the right to know and decide, have the right to know the feasibility and consequences of human organ transplantation, the operation process and its impact on their own health, have the right to decide whether to donate or accept human organs, and have the right to cancel the decision of donation or acceptance orally or in writing.

Patients who have no or limited capacity for civil conduct and cannot exercise the right to know and decide shall be decided by their legal representatives or guardians whether to accept organ transplantation. Article 9 Hospitals and doctors should inform donors and patients of their right to know and decide, and give a true and comprehensive explanation of what donors and patients should know. Article 10 The removal of human organs from the remains shall be carried out after at least two doctors who have not participated in the treatment and have the qualifications of deputy chief physician or above make a written judgment and confirm the death of the donor.

Doctors who judge the death of donors may not participate in the operation of extracting or implanting human organs. Eleventh in accordance with the law to identify the remains or that it is necessary to continue the inspection after identification, the human organs of the remains shall not be removed.

If the doctor who determines the death of the donor determines that the cause of death of the deceased has nothing to do with the human organ to be harvested, and waiting for legal appraisal will delay the harvesting opportunity, it may be harvested with the written consent of the forensic doctor and the close relatives of the deceased. Article 12 After extracting human organs from the remains, doctors should properly handle the extracted parts. Thirteenth in two hours after the removal of human organs, doctors should report the relevant information of human organs and donors to the hospital, and the hospital should submit the relevant information to the Municipal Red Cross within 24 hours. Fourteenth hospitals that carry out human organ transplantation should set up a human organ bank to properly preserve the human organs they have picked.

The establishment and management of human organ bank shall conform to the relevant technical standards and management regulations. Fifteenth human organs that are not suitable for implantation after inspection can be used for scientific research and teaching or incineration, but they should be reported to the municipal health department for the record. Sixteenth patients enjoy equal rights of human organ transplantation.

The order of patients receiving transplantation is determined by the Municipal Red Cross Society according to the time of applying for registration. Only when the current candidate patient is not suitable for human organ transplantation can the latter candidate patient be selected.

Whether it is suitable for human organ transplantation should follow recognized medical standards.

Patients who have donated human organs among their close relatives have the priority to receive human organ transplantation. At the same time, the priority patients are sorted by the Municipal Red Cross Society according to the application registration time.