LAW OF THE REPUBLIC OF BELARUS

of January 8, 2015 No. 238-Z

About entering of amendments and changes into some laws of the Republic of Belarus concerning donorship of blood and its components

It is accepted by the House of Representatives on December 17, 2014

Approved by Council of the Republic on December 18, 2014

Article 1. Bring in the Law of the Republic of Belarus of April 17, 1992 "About provision of pensions" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1992, No. 17, Art. 275; 1994, No. 8, Art. 111; Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1998, No. 28, Art. 462; National register of legal acts of the Republic of Belarus, 2009, No. 16, 2/1558) following amendments:

1. To add part one of Article 8 with the paragraph the fourth the following content:

"expenses on increase in pension according to the Item "d" are refunded to part one of article 68 of this Law at the expense of means of the republican budget.".

2. Article 68 part one Item "d" after the word "winner" to add with words "the breastplate of difference of the Ministry of Health of the Republic of Belarus "of Ganarova the donor Respubl_k_ Belarus",".

Article 2. The Item "g" of article 45 of the Law of the Republic of Belarus of December 17, 1992 "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies and divisions on emergency situations and bodies of financial investigations" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1992, No. 36, Art. 571; National register of legal acts of the Republic of Belarus, 1999, No. 57, 2/66; 2003, No. 127, 2/993; 2008, No. 16, 2/1420; 2011, No. 140, 2/1877; National legal Internet portal of the Republic of Belarus, 17.07. 2014, 2/2184) after the word "winner" to add with words "the breastplate of difference of the Ministry of Health of the Republic of Belarus "of Ganarova the donor Respubl_k_ Belarus",".

Article 3. Bring in the Labor code of the Republic of Belarus of July 26, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 80, 2/70; National legal Internet portal of the Republic of Belarus, 24.01. 2014, 2/2129) following change and amendment:

1. State Article 104 in the following edition:

"Article 104. Guarantees for the workers who are blood donors and its components

Guarantees according to the procedure and on the conditions provided by this Code and other legal acts in the field of donorship of blood and its components are provided to the workers who are blood donors and its components.".

2. To "donors" to add part four paragraph two Item 8 of article 168 after the word with words "blood and its components".

Article 4. Bring in the Law of the Republic of Belarus of November 30, 2010 "About donorship of blood and its components" (The national register of legal acts of the Republic of Belarus, 2010, No. 291, 2/1749; 2011, No. 140, 2/1877) following changes and amendments:

1. In Article 1:

to state paragraphs of the fifth or seventh in the following edition:

"the blood donor, its components (further - the donor) - the person who voluntarily had medical examination and taking blood test, its components;

donor function - voluntary passing by the donor of medical examination and paid or non-paid delivery by the blood donor, its components;

donorship of blood, its components (further - donorship) - system of the actions directed to the organization, providing and implementation of procurement of blood, its components;";

the tenth or twelfth to state paragraphs in the following edition:

"blood components - the constituent elements of blood (erythrocytes, leukocytes, platelets, plasma, cryoprecipitate) prepared from the donor or made by different methods from blood of the donor and intended for transfusion, production of medicines and medical products and also for use in the scientific purposes and (or) educational process;

blood - the whole blood prepared from the donor and intended for transfusion, production of components of blood, medicines and medical products and also for use in the scientific purposes and (or) educational process;

the organization of blood transfusion - the state organization of health care, the medical scientific organization which is engaged in activities in the field of transfusiology and medical biotechnologies performing according to the procedure, established by the legislation of the Republic of Belarus, procurement, conversion, storage, realization of blood, its components;".

2. State Article 3 in the following edition:

"Article 3. Coverage of this Law

This Law governs the relations in the field of donorship, and also the relations arising in case of conversion, storage, realization, blood transfusion, its components for delivery of health care and other purposes determined by this Law.

Operation of this Law does not extend to the relations connected with fence, conversion and storage of the plasma used for industrial production of medicines.".

3. State Article 5 in the following edition:

"Article 5. Financing of the expenses connected with donorship

Financing of the expenses connected with donorship, including provision of guarantees, compensations to donors is performed at the expense of means republican and (or) local budgets, the free (sponsor's) aid of legal entities and (or) individual entrepreneurs, and also at the expense of other sources which are not prohibited by the legislation of the Republic of Belarus.".

4. State Article 6 in the following edition:

"Article 6. The main directions of state policy of the Republic of Belarus in the field of donorship

The main directions of state policy of the Republic of Belarus in the field of donorship are:

promotion and development of donorship, including promotion of accomplishment of donor function on a grant basis;

ensuring safety of health of the donor in case of accomplishment of donor function by it;

ensuring safety of life and health of the recipient;

holding the actions aimed at safety and qualities of blood, its components;

priority of accomplishment of donor function on a grant basis;

ensuring needs of the state health care system of the Republic of Belarus for blood, its components;

support and development of international cooperation.".

5. "Number" to add article 7 after the word with words "local councils of deputies,".

6. State Article 10 in the following edition:

"Article 10. Powers of the Ministry of Health of the Republic of Belarus and other state bodies in the field of donorship

The republican state body responsible for promotion, the organization and development of donorship, the Ministry of Health of the Republic of Belarus is.

For the purpose of ensuring promotion, the organization and development of donorship Ministry of Health of the Republic of Belarus:

pursues single state policy in the field of donorship;

determines procedure for performing medical examination of donors;

determines procedure for procurement, including over standard rates of obligatory ensuring needs of the state health care system of the Republic of Belarus for blood, its components, conversion, labeling, storage, transportation, blood transfusion, its components;

determines procedure for realization of blood, its components in the territory of the Republic of Belarus prepared over standard rates of obligatory ensuring needs of the state health care system of the Republic of Belarus for blood, its components;

will organize work on involvement of citizens to implementation of donor function;

takes measures for the organization of safety and quality of blood, its components;

performs other powers according to this Law and other acts of the legislation of the Republic of Belarus.

Other state bodies within the powers realize state policy in the field of donorship, including perform the organization of donorship, financing and material logistics of the organizations of blood transfusion subordinated to them.".

7. In Article 11:

to add the name of Article after the word "Powers" with words "local councils of deputies,";

the paragraph one to state in the following edition:

"Local councils of deputies, local executive and administrative organs of regional and basic territorial levels in the field of donorship within the competence:";

after the paragraph of the fourth to add Article with the paragraph of the following content:

"take measures for promotion of accomplishment of donor function on a grant basis;";

the fifth to consider the paragraph the paragraph the sixth.

8. 3, Articles 15 and 16 to state the name of Chapter in the following edition:

"CHAPTER 3 PROMOTION, ORGANIZATION AND DEVELOPMENT OF DONORSHIP

Article 15. Promotion, organization and development of donorship

Promotion of donorship is performed for the purpose of informing the population on the social importance of donorship through mass media, and also by means of the edition and distribution of works of science, literature and promotional materials, the organization of thematic exhibitions, reviews, conferences and use of other methods of informing the population which are not prohibited by the legislation of the Republic of Belarus.

The organizations of health care provide holding actions for promotion, the organization and development of donorship.

State bodies, including local councils of deputies, local executive and administrative organs, and also the Belarusian Society of the Red Cross, labor unions and other public associations according to the charters, the medical scientific organizations, organizations of education and other organizations take part together with the organizations of health care in promotion, the organization and development of donorship.

Article 16. The organizations performing procurement, conversion, storage, realization and blood transfusion, its components in the territory of the Republic of Belarus

Procurement, conversion, storage and realization of blood, its components in the territory of the Republic of Belarus are performed by the organizations of blood transfusion.

Blood transfusion, its components the organizations of health care, the medical scientific organizations, other organizations performing medical activities can perform.".

9. Add the Law with Article 16-1 of the following content:

"Article 16-1. Standard rates of obligatory ensuring needs of the state health care system of the Republic of Belarus for blood, its components

For the purpose of requirements satisfaction of state bodies and state organizations of health care, the medical scientific organizations performing medical activities in blood, its components the Council of Ministers of the Republic of Belarus establishes standard rates of obligatory ensuring needs of the state health care system of the Republic of Belarus for blood, its components, including taking into account need of creation of reserves on case of emergency situations of natural and technogenic nature.

Accomplishment of the standard rates provided by part one of this Article is performed by the organizations of blood transfusion according to the procedure, established by the Ministry of Health of the Republic of Belarus.".

10. In Article 17:

add paragraph two with words ", including on a grant basis";

after the paragraph of third to add Article with the paragraph of the following content:

"freely to release the worker in day of accomplishment of donor function, and in case of impossibility for the production reasons to release the worker in the day specified to them to offer other day chosen in coordination with the worker (except as specified accomplishment of donor function in the emergency procedure for the purpose of preserving life and health of the recipient);";

the fourth to consider the paragraph the paragraph the fifth;

add Article with the paragraph the sixth the following content:

"carry out other obligations provided by this Law and other legal acts of the Republic of Belarus.".

11. Add Article 18 with part five of the following content:

"The procedure for carrying out donation of blood, its components is determined by the Ministry of Health of the Republic of Belarus.".

12. From part one of Article 19 of the word "had medical examination" to exclude.

13. The fourth Article 20 to exclude part.

14. State Articles 21 and 22 in the following edition:

"Article 21. Medical examination of donors

Passing of medical examination of donors in day of blood donation, its components is obligatory.

Article 22. Single database of donorship of blood, its components

For the purpose of safety of blood, its components, quality of procurement, conversion, storage of blood, its components, and also operational delivery of health care to recipients the Single database of donorship of blood, its components is created.

The Single database of donorship of blood, its components join data:

allowing to identify the personality of the donor and the identity of the recipient;

about posttransfusion reactions and complications (effects of blood transfusion, its components);

about amounts of the prepared blood, its components;

about inventories of blood, its components in the specific organizations of health care, the medical scientific organizations with indication of blood type, Rhesus factor accessory, phenotype;

about persons at whom medical contraindications for blood donation, its components are revealed;

other data determined by the Ministry of Health of the Republic of Belarus.

Maintaining the Single database of donorship of blood, its components is performed by the Ministry of Health of the Republic of Belarus or the state organization authorized by it.

The procedure for creation and maintaining the Single database of donorship of blood, its components, uses and provisions of information containing in it is determined by the Ministry of Health of the Republic of Belarus.".

15. State Chapter 6 in the following edition:

"CHAPTER 6 REALIZATION, IMPORT TO THE REPUBLIC OF BELARUS, EXPORT FROM THE REPUBLIC OF BELARUS BLOOD, ITS COMPONENTS

Article 26. Realization of blood, its components prepared over standard rates of obligatory ensuring needs of the state health care system of the Republic of Belarus for blood, its components

The organizations of blood transfusion can realize in the territory of the Republic of Belarus the blood, its components prepared over standard rates of obligatory ensuring needs of the state health care system of the Republic of Belarus for blood, its components, to the organizations for blood transfusion, its components, production of medicines and medical products and also for use in the scientific purposes and (or) in educational process on contractual basis. The approximate form of the agreement on realization of blood, its components is determined by the Ministry of Health of the Republic of Belarus.

Realization of blood, its components out of limits of the Republic of Belarus is performed according to the procedure, established by the legislation of the Republic of Belarus, on condition of satisfaction of the needs of the state health care system of the Republic of Belarus for them according to standard rates of obligatory ensuring needs of the state health care system of the Republic of Belarus for blood, its components.

Article 27. Import of blood, its components to the Republic of Belarus

Import of blood, its components to the Republic of Belarus is allowed for production of medicines and medical products, elimination of effects of epidemic diseases, delivery of health care to the narrow contingents of patients with seldom found pathology, and also the victim of emergency situations of natural and technogenic nature.

The procedure for import of blood, its components to the Republic of Belarus is determined by the legislation of the Republic of Belarus.

Article 28. Export of blood, its components from the Republic of Belarus

The procedure for export of blood, its components from the Republic of Belarus is determined by the legislation of the Republic of Belarus.".

16. In Article 29:

in part one:

state paragraph two in the following edition:

"release in accordance with the established procedure from work (study, fulfillment of duties of military service (service)) in day of accomplishment of donor function;";

in paragraphs four and the fifth the words "accomplishment of donor function" shall be replaced with words "blood donation, its components";

third to exclude part.

17. In Article 30:

the paragraph the fourth after words of "beer", and "psychotropic" to add respectively with the words "about consumption" and "substances, their analogs";

add Article with paragraphs the fifth or seventh the following content:

"not later than two working days (except as specified accomplishment of donor function in the emergency procedure for the purpose of preserving life and health of the recipient) to warn the employer about dates of accomplishment of donor function and use of days of rest;

to timely submit to the employer the documents confirming accomplishment of donor function;

carry out other obligations established by this Law and other legal acts of the Republic of Belarus.".

18. State Article 31 in the following edition:

"Article 31. The guarantees provided to the donor who took blood test, its components on paid basis

At his desire guarantees according to the procedure and on the conditions provided by this Article are provided to the donor who took blood test, its components on paid basis.

In day of accomplishment of donor function in working hours workers are exempted from work with preserving average earnings behind them for this day, and military personnel, persons of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations (further - faces of the commanding and ordinary structure) - from fulfillment of duties of military service (service) with preserving behind them cash allowance for this day.

In case of accomplishment of donor function during the labor leave granted to workers, leave, granted to military personnel, persons of the commanding and ordinary structure according to procedure for passing of military service (service) (further - leave of the military personnel), on the public holidays and holidays established and announced by the President of the Republic of Belarus non-working on the weekend or after the working day day of rest without preserving average earnings, and to the military personnel, persons of the commanding and ordinary structure - day of release from fulfillment of duties of military service (service) with preserving cash allowance for this day is provided to workers.

In addition to the guarantees provided by parts two and third this Article, one day of rest (day of release from fulfillment of duties of military service (service)) with preserving average earnings behind it is provided to the donor (cash allowance). The specified day of rest can be attached to labor leave (leave of the military personnel) of the donor or is used in other time.

Preserving average earnings to workers in the days provided by parts two and the fourth this Article is performed at the expense of the organization of blood transfusion, and in case of blood sampling, its components in exit conditions by crew of blood transfusion station of Armed Forces of the Republic of Belarus - at the expense of means of military units and the organizations of Armed Forces of the Republic of Belarus.

Preserving cash allowance by the serviceman, to faces of the commanding and ordinary structure in the days provided by parts of the second or fourth this Article is performed at the expense of the organization of blood transfusion, and in case of blood sampling, its components in exit conditions by crew of blood transfusion station of Armed Forces of the Republic of Belarus - at the expense of means of military units and the organizations of Armed Forces of the Republic of Belarus.

The procedure for preserving average earnings to workers, cash allowance to the military personnel, persons of the commanding and ordinary structure is determined by Council of Ministers of the Republic of Belarus.

In day of accomplishment of donor function students are exempted from occupations. After blood donation, its components by the student (except the military personnel passing military service under the contract) makes money payments in the amount of and on the conditions determined by Council of Ministers of the Republic of Belarus.

Monetary compensations are paid to the donors who took blood test, its components on paid basis, and also free food is provided. The procedure for provision of free food, and also the sizes and payment procedure of monetary compensations are determined by Council of Ministers of the Republic of Belarus.

To the donors who took blood test (men - at least 4 donations, women - at least 3 donations), its components (at least 14 donations) within 12 months preceding day of approach of temporary disability (irrespective of the reason of its approach), temporary disability benefit is granted from the first day of disability in the amount of 100 percent of daily average earnings.

The donors who took blood test at least 40 donations, and plasma, leukocytes, platelets at least 80 donations, are awarded with the breastplate of difference of the Ministry of Health of the Republic of Belarus "Ganarova the donor of Respubliki Belarus".".

19. Add the Law with Articles 31-1 and 31-2 of the following content:

"Article 31-1. The guarantees provided to the donor who took blood test, its components on a grant basis

At his desire guarantees according to the procedure and on the conditions provided by this Article are provided to the donor who took blood test, its components on a grant basis.

In day of accomplishment of donor function in working hours workers are exempted from work with preserving average earnings behind them for this day, and military personnel, persons of the commanding and ordinary structure - from fulfillment of duties of military service (service) with preserving behind them cash allowance for this day. In day of accomplishment of donor function students are exempted from occupations.

Preserving average earnings to workers in the day provided by part two of this Article is performed according to the legislation of the Republic of Belarus on condition of discharge of duty established by the paragraph the fifth article 30 of this Law, at the expense of the employer, and to the military personnel, persons of the commanding and ordinary structure the cash allowance in the place of military service (service) remains.

Free food according to the procedure, established by Council of Ministers of the Republic of Belarus is provided to the donors who took blood test, its components on a grant basis.

In addition to the guarantees provided by parts two and the fourth this Article, one day of rest (day of release from fulfillment of duties of military service (service)) without preserving average earnings behind it is provided to the donor (cash allowance). The specified day of rest can be attached to labor leave (leave of the military personnel) of the donor or is used in other time.

The donors who took blood test at least 20 donations, and plasma, leukocytes, platelets at least 40 donations, are awarded with the breastplate of difference of the Ministry of Health of the Republic of Belarus "Ganarova the donor of Respubliki Belarus".

The guarantees provided by part ten of article 31 of this Law are provided to the donor who took blood test, its components on a grant basis.

Article 31-2. The guarantees provided to the donor awarded with the breastplate of difference of the Ministry of Health of the Republic of Belarus "Ganarova the donor of Respubliki Belarus"

The following guarantees are provided to the donors awarded with the breastplate of difference of the Ministry of Health of the Republic of Belarus "Ganarova the donor of Respubliki Belarus":

extraordinary servicing in State Healthcare Institutions;

in case of retirement delivery of health care in the departmental organizations of health care in which they were serviced to retirement if other is not provided by legal acts of the Republic of Belarus;

labor leave (leave of the military personnel) in summer or other convenient time;

first-priority acquisition of tickets for rail, air, water, road transport;

increase in pension on reaching generally established retirement age according to the legislation of the Republic of Belarus on provision of pensions.

The donors awarded with honor sign "The honourable donor of the Republic of Belarus", the signs "Honourable Donor of the USSR", "Honourable Donor of Society of the Red Cross of BSSR" use all guarantees provided to the donors awarded with the breastplate of difference of the Ministry of Health of the Republic of Belarus "Ganarova the donor of Respubliki Belarus".".

Article 5. To Council of Ministers of the Republic of Belarus in six-months time:

provide reduction of regulatory legal acts of the Republic of Belarus in compliance with this Law;

take other measures necessary for realization of provisions of this Law.

Article 6. This Law becomes effective in the following procedure:

Article 1-4 - in six months after official publication of this Law;

other provisions - after official publication of this Law.

 

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