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LAW OF THE AZERBAIJAN REPUBLIC

of May 3, 2005 No. 904-IIG

About donorship of blood, its components and service of blood

(as amended on 04-05-2021)

This Law governs the relations connected with development of donorship of blood, blood components, determines bases of the organization of service of blood.

Chapter I. General provisions

Article 1. Basic concepts

1.0. The basic concepts used in this Law have the following values:

1.0.1. blood - the human blood received from the donor and used for transfusion or the subsequent conversion;

1.0.2. blood components - blood components (erythrocytes, leukocytes, platelets, plasma) made of blood by various methods in the medical purposes;

1.0.3. medicines from blood - the medicines made of blood under production conditions for the medical purposes;

1.0.4. donorship of blood, blood components - voluntary surrender by person of the blood or components of blood for the medical purposes;

1.0.5. the recipient - person to whom blood or components of blood is transfused;

1.0.6. service of blood - the health sector providing medical institutions with blood and components of blood for the medical purposes;

1.0.7. organization of service of blood (bank of blood) - the medical institution providing inspection of the donor, procurement, conversion, check, storage and distribution of blood, blood components;

1.0.8. serious additional impact (post-transfusion complication) - the circumstances of negative nature connected with procurement, inspection, conversion, storage and distribution of blood, blood components, able to create danger to the patient's life, to work on his health or to result in disability, including restriction of possibility of health up to 18 years or to extend hospitalization or term of disease.

Article 2. Legislation of the Azerbaijan Republic on blood, components of blood and service of blood

The legislation of the Azerbaijan Republic on blood, components of blood and service of blood consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts and international treaties which participant is the Azerbaijan Republic.

Article 3. Functions of the state in the sphere of donorship of blood, components of blood and service of blood

3.0. Functions of the state in the sphere of donorship of blood, components of blood and service of blood are:

3.0.1. determination of state policy in the sphere of donorship of blood, components of blood and service of blood;

3.0.2. preparation and approval of State Programs on development of donorship of blood, components of blood and service of blood;

3.0.3. development and adoption of the regulatory legal acts, requirements and standards concerning the organization and development of donorship of blood, components of blood and service of blood;

3.0.4. coordination of scientific research and implementation of methodical actions for blood transfusion;

3.0.5. giving special permissions (licenses) for production of medicines from blood;

3.0.6. implementation of the state control over quality of blood, components of blood and medicines from blood;

3.0.7. the organization of the statistical recording in the sphere of donorship of blood, components of blood and service of blood;

3.0.8. implementation of economic, social and legal actions for development of donorship of blood, components of blood and service of blood.

Article 4. Donorship of blood, blood components

4.1. Each capable person at the age of 18-65 years which underwent in the procedure established by relevant organ of the executive authority physical examination in organizations of service of blood (banks of blood) and not having any contraindications for donorship of blood, blood components can be the blood donor, components of blood. Persons can be also more senior than 65 years donors based on the conclusion of the doctor.

4.2. Capture from the blood donor or components of blood is admissible only under condition if no harm is done to health of the donor.

4.3. Donorship of blood, components of blood is free. In exceptional cases, according to the procedure and on the conditions determined by relevant organ of the executive authority, donorship of blood, components of blood can be paid.

Article 5. Financing of actions in the sphere of development and the organization of donorship of blood, blood components

Financing of actions for development and the organization of donorship of blood, components of blood is performed at the expense of the government budget, means received by organizations of service of blood (banks of blood) for the blood provided to medical institutions and components of blood, donations of physical persons and legal entities, other sources which are not forbidden by the legislation.

Article 6. Promotion of donorship of blood, blood components

6.1. The body (structure) established by relevant organ of the executive authority, organizations of service of blood (banks of blood) shall provide implementation of actions for promotion of free (non-paid) donorship of blood, blood components.

6.2. Non-governmental organizations, including public associations and funds, can take part together with the body (structure) established by relevant organ of the executive authority in promotion of voluntary and free (non-paid) blood donation and components of blood for the medical purposes.

6.3. Actions for education of the population about donorship of blood, components of blood are performed by the relevant organ (structure) established by executive body by means of the press, radio, television, posters, bulletins, etc. editions.

Chapter II. Rights, obligations and social protection of donors

Article 7. Rights of the donor

7.1. The donor has the following rights:

7.1.1. in day of blood donation or components of blood, in day of physical examination to be exempted from work (study, service) and to receive additional day of rest;

7.1.2. in case of paid donorship to receive payment for the taken blood test and components of blood;

7.1.3. receive in the procedure established by the legislation of the Azerbaijan Republic compensation of damage for damage suffered owing to damage of his health in connection with accomplishment of donor functions, including expenses on treatment, medico-social examination, social and labor rehabilitation.

7.2. In case of establishment of disability of person in connection with donorship, it is equated to the disability which came owing to labor accident and occupational disease.

Article 8. Obligations of the donor

8.1. Person wishing to become the donor shall report the correct data on the diseases transferred him and available for him, and also on the use by him of drugs and psychotropic substances.

8.2. Person wishing to become the donor shall get acquainted with certain relevant organ of the executive authority the list of the diseases limiting donor functions.

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