სისხლისა და მისი კომპონენტების დონორობის შესახებ

LAW OF GEORGIA

ON THE DONATION OF BLOOD AND ITS COMPONENTS

The purpose of this Law is to ensure the development of the donation of blood and its components and to protect the rights of donors in Georgia through social, economic, legal and medical measures.

Chapter I - General Provisions

Article 1 - Principles of donation

1. Voluntariness is the basic principle of donation in Georgia. Any capable citizen of Georgia aged between 18 and 65 years, who has undergone a medical examination and has no indications against being a donor, may donate blood.

2. Citizens may donate blood as an act of charity (without consideration), as well as for their relatives, for remuneration (regular donors), and for the purposes of insurance and blood preservation.

Law of Georgia No 501 of 26 October 2004 - LHG I, No 33, 12.11.2004, Art. 155

Article 2 - State Programme for the Development of the Donation of Blood and its Components

1. The Coordination Service shall be established under the Ministry of Labour, Health and Social Affairs of Georgia, which shall manage the elaboration and implementation of the State Programme for the Development of the Donation of Blood and its Components.

2. The statute of the Coordination Service shall be approved by the Minister of Labour, Health and Social Affairs of Georgia.

Organic Law of Georgia No 675 of 30 April 1997 - Gazette of the Parliament of Georgia, No 21-22, 31.5.1997, p. 13

Law of Georgia No 63 of 9 December 1999 - LHG I, No 47 (54), 26.11.1999, Art. 239

Law of Georgia No 487 of 13 July 2000 - LHG I, No 28, 24.7.2000, Art. 88

Law of Georgia No 1244 of 20 September 2013 - website, 8.10.2013

Article 3 - Funding of the organisation and promotion of the State Programme for the Development of the Donation of Blood and its Components

1. The State shall provide funding for the organisation and promotion of the State Programme for the Development of the Donation of Blood and its Components, and the funding necessary to satisfy the demand of health care institutions for blood components and blood products, within the limits of the State Health Care Programme.

2. Funding shall also be provided at the expense of charitable donations.

Law of Georgia No 501 of 26 October 2004 - LHG I, No 33, 12.11.2004, Art. 155

Article 4 - Obligations of local government bodies in the implementation of the State Blood Donation Programme

Local government bodies shall be responsible for the implementation of the State Blood Donation Programme in their territories.

Article 5 - Obligations of the administrations of ministries, agencies, enterprises, institutions and organisations in the organisation of donations

1. Ministries, agencies, enterprises, institutions and organisations (irrespective of their form of ownership) shall:

a) take active part in the implementation of the State Blood Donation Programme;

b) be authorised to allocate funds for the development of blood donation.

2. The heads of ministries, agencies, enterprises, institutions and organisations (irrespective of their form of ownership) and heads of military units shall: with prior consent and without impediment, grant time off from work to their workers and employees, students, pupils, agricultural workers and service members for medical examination at blood transfusion facilities, and on the day of donating blood retain their average pay, bonuses and other material incentives at their places of employment according to the current legislation; and on the second day after donating blood, grant the donor a day off, which may be optionally added to his/her regular leave or be used at any other time within one year after the day when blood is donated; compensate the donor's additional day off based on his/her average pay at his/her primary place of employment:

a) if the donor donates blood during his/her leave or on a non-business day, grant him/her another day off; if a day off may not be granted, pay double the amount to compensate for the day of donating blood;

b) provide mobile blood processing teams with premises free of charge to collect blood.

3. To ensure proper guidance of pupils and students on the issues of blood donation, the Ministry of Education of Georgia shall include information on the importance of blood donation and safety of donating blood in education curricula and textbooks when they are compiled.

Law of Georgia No 675 of 30 April 1997 - Gazette of the Parliament of Georgia, No 21-22, 31.5.1997, p. 13

Law of Georgia No 4306 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 414

Article 6 - Role of the Red Cross Society in the development of donation

Divisions and organisations of the Red Cross Society in Georgia shall take active part in the development of voluntary non-remunerated donations in accordance with their own and relevant international statutes and regulations.

Article 7 - Participation of public organisations and associations in organising donations

Public organisations and associations shall participate in organising and funding of the donation of blood and its components, and promote voluntary non-remunerated donations among the population.

Law of Georgia No 501 of 26 October 2004 - LHG I, No 33, 12.11.2004, Art. 155

Chapter II - Rights, Obligations and Benefits of Donors

Article 8 - Rights of a donor

1. The State provides donors with legal guarantees and health protection, and establishes benefits for them.

2. A donor shall be compulsorily insured against the transmission of infectious diseases or impairment of his/her health resulting from the performance of a donor's function. The insurance shall be financed from the budget of the Blood Service. The cost of blood shall comprise the insurance expenses.

3. Voluntary involvement in the act of donation is an inviolable right of a donor.

4. A donor shall have the right to visit a blood transfusion facility on any day in agreement with the supervisor at his/her place of employment to undergo a medical examination and donate blood.

5. After donating blood, a donor shall be entitled to an additional day off to use it on the second day after donating blood. He/she may add that day off to his/her regular leave or make use of it at any other time within one year after donating blood.

6. A service member donor shall be excused from detail, watch and other duties of military service on the day of donating blood and its components.

Article 9 - Obligations of a donor

1. When undergoing medical examination, a donor shall be obliged to inform medical workers of all diseases known to him/her, that he/she had, and the facts of the use of drugs and other psychotropic substances by him/her.

2. A citizen, who intentionally conceals or misrepresents information on his/her diseases, shall be held liable in accordance with the legislation of Georgia.

Article 10 - Benefits provided for donors and activities to encourage donation

1. To encourage voluntary non-remunerated donation, donors shall be divided into the following groups based on the total volume of blood and blood plasma donated:

a) third category donors, who have donated blood or plasma three or more times and continue to donate blood at least once a year;

b) second category donors, who have donated from 3 to 5 litres of blood or from 10 to 15 litres of plasma;

c) first category donors, who have donated from 10 to 20 litres of blood or from 15 to 20 litres of plasma;

d) honoured donors, who have donated over 20 litres of blood or over 30 litres of plasma.

2. The State provides each group of donors with social guarantees and benefits that are determined by the Regulations on Activities Encouraging Donation in Georgia, approved by an ordinance of the Government of Georgia.

3. Immunised donors or non-remunerated donors, who donate blood or plasma for charitable purposes in such a volume that they represent the subjects of this Law, belong to the category one level higher.

4. Certificates of a third category donor shall be issued by blood transfusion facilities.

5. The titles of a second and a third category donor shall be awarded by the Ministry of Labour, Health and Social Affairs of Georgia on the recommendation of blood transfusion facilities.

6. The title of an honoured donor shall be awarded by the Minister of Labour, Health and Social Affairs of Georgia.

7. The above benefits shall also apply to those donors who have donated blood or plasma before the enactment of this Law.

Law of Georgia No 675 of 30 April 1997 - Gazette of the Parliament of Georgia, No 21-22, 31.5.1997, p. 13

Law of Georgia No 63 of 9 December 1999 - LHG I, No 47(54), 26.11.1999, Art. 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art. 88

Law of Georgia No 501 of 26 October 2004 - LHG I, No 33, 12.11.2004, Art. 155

Law of Georgia No 1244 of 20 September 2013 - website, 8.10.2013

Chapter III - Organisation of the Donation of Blood and its Components

Article 11 - Role of health authorities in the organisation of donation and blood transfusion services

1. Health authorities shall ensure proper organisation of the transfusion service, determine the demand of the medical industry for blood components and blood products, make every effort to increase the number of blood donors, including the number of directed donors, and actively promote blood donation.

2. The health authorities shall ensure the protection of the health of donors. For this purpose they shall implement a set of measures (selection of donors, compliance with hygiene and sanitary conditions of blood collection, organisation of unified blood donation centres in cities, appropriate training of medical personnel), intended to ensure the safety of donation and the prevention of complications and transmission of infectious diseases in the course of donations.

3. Blood transfusion facilities shall be obliged to issue to donors respective certificates to be submitted to their places of employment to obtain monetary compensation for the day off and the day spent in a blood transfusion facility.

4. The mandatory standards and requirements for the operation of blood transfusion facilities shall be determined by an order of the Minister of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 501 of 26 October 2004 - LHG I, No 33, 12.11.2004, Art. 155

Article 12 - Procedure for the medical examination of donors

1. The Ministry of Labour, Health and Social Affairs of Georgia shall establish the procedure for the medical examination of a donor and for drawing blood and its components from a donor.

2. Foreign citizens, who are willing to donate blood or its components in medical institutions of Georgia, shall undergo a medical examination under the established procedures and shall be entitled to all the benefits and guarantees provided for by this Law.

Law of Georgia No 63 of 9 December 1999 - LHG I, No 47 (54), 26.11.1999, Art. 239

Law of Georgia No 487 of 13 July 2000 - LHG I, No 28, 24.7.2000, Art. 88

Article 13 - Control of the quality of a donor's blood and its components

The blood, its components and products, and preservative solutions, processed by blood service facilities, shall be subject to mandatory control by state medical supervisory authorities in accordance with the procedure established by the Ministry of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 63 of 9 December 1999 - LHG I, No 47 (54), 26.11.1999, Art. 239

Law of Georgia No 487 of 13 July 2000 - LHG I, No 28, 24.7.2000, Art. 88

Law of Georgia No 501 of 26 October 2004 - LHG I, No 33, 12.11.2004, Art. 155

Article 14 - Liability of workers and officials in health care institutions

Workers and officials in health care institutions shall be held liable under the legislation of Georgia for violating the procedures for processing, storing and using blood and its components and products.

Chapter III¹ - Transitional Provisions

Article 14¹ - Legal acts to be adopted/issued by the Government of Georgia and the Minister of Labour, Health and Social Affairs of Georgia

Before 1 January 2015, the following legal acts shall be adopted/issued:

a) an ordinance of the Government of Georgia on Activities Encouraging Blood Donation in Georgia;

b) an order of the Minister of Labour, Health and Social Affairs of Georgia on Approving the Procedure for the State Control of the Quality of Blood Components, Blood Products, Blood Substitutes and Preservative Solutions;

c) an order of the Minister of Labour, Health and Social Affairs of Georgia on Approving the Statutory Requirements for the Operation of Blood Transfusion Facilities.

Law of Georgia No 501 of 26 October 2004 - LHG I, No 33, 12.11.2004, Art. 155

Law of Georgia No 4306 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 414

Law of Georgia No 1244 of 20 September 2013 - website, 8.10.2013

Chapter IV - Final Provisions

Article 15 - Procedure for exchanging blood, its components and products with foreign medical organisations, and for taking them out from Georgia

The procedure for exchanging blood, its components and products with foreign medical organisations, and for taking them out from Georgia shall be approved by the Minister of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 675 of 30 April 1997 - Gazette of the Parliament of Georgia, No 21-22, 31.5.1997, p. 13

Law of Georgia No 63 of 9 December 1999 - LHG I, No 47(54), 26.11.1999, Art. 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art. 88

Law of Georgia No 1244 of 20 September 2013 - website, 8.10.2013

Article 16 - Organising the donation of blood and its components in emergency situations

1. In cases of natural disasters, accidents, catastrophes, epidemics and other emergencies, the donation of blood and its components shall be organised in the entire territory of Georgia or in certain parts thereof in accordance with the established procedures, under the supervision of the Ministry of Labour, Health and Social Affairs of Georgia and the local health authorities.

2. Where this is the case, all the funding for the organisation of the donation of blood and its components shall be provided from the State Reserve Fund of Georgia, as well as from the reserve funds of local government bodies.

Law of Georgia No 675 of 30 April 1997 - Gazette of the Parliament of Georgia, No 21-22, 31.5.1997, p. 13

Law of Georgia No 63 of 9 December 1999 - LHG I, No 47(54), 26.11.1999, Art. 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art. 88

Article 17 - Effect of international agreements

1. Scientific and industrial cooperation in the field of donation shall be considered as a priority area.

2. If an international agreement, to which Georgia is a party, establishes procedures other than those provided for by this Law, the procedures of the international agreement shall be applied.

Chairperson of the Parliament of Georgia, Head of the State                                                            Eduard Shevardnadze

Speaker of the Parliament of Georgia                                                                                                      Vakhtang Goguadze

Tbilisi

21 March 1995

No 687