16-19-1 Short title
16-19-2 Applicability
16-19-3 Definitions
16-19-4 Who may make anatomical gift before donor’s death
16-19-5 Manner of making anatomical gift before donor’s death
16-19-6 Amending or revoking anatomical gift before donor’s death
16-19-7 Refusal to make anatomical gift; effect of refusal
16-19-8 Preclusive effect of anatomical gift, amendment, or revocation
16-19-9 Who may make anatomical gift of decedent’s body or part
16-19-10 Manner of making, amending, or revoking anatomical gift of decedent’s body or part
16-19-11 Persons who may receive anatomical gift; purpose of anatomical gift
16-19-12 Search and notification
16-19-13 Delivery of document of gift not required; right to examine
16-19-14 Rights and duties of procurement organization and others
16-19-15 Coordination of procurement and use
16-19-16 Prohibited acts; sale or purchase of parts prohibited
16-19-17 Immunity
16-19-18 Law governing validity; choice of law as to execution of document of gift; presumption of validity
16-19-19 Donor registry
16-19-20 Effect of anatomical gift on advance health-care directive
16-19-21 Cooperation between medical examiner and procurement organization
16-19-22 Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner
16-19-23 Relation to Electronic Signatures in Global and National Commerce Act

Terms Used In West Virginia Code > Chapter 16 > Article 19

  • Adult: means an individual who is at least eighteen (18) years of age. See West Virginia Code 16-19-3
  • Agent: means an individual:

    (A) Authorized by a medical power of attorney to make health care decisions on behalf of a prospective donor. See West Virginia Code 16-19-3

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Anatomical gift: means a donation of all or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research or education. See West Virginia Code 16-19-3
  • Authorized person: means a person other than the donor who is authorized to make an anatomical gift of the donor's body or part by section four or section nine of this article. See West Virginia Code 16-19-3
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this article, a fetus. See West Virginia Code 16-19-3
  • Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of or another adult who exhibited special care and concern for an individual who has made, amended, revoked or refused to make an anatomical gift. See West Virginia Code 16-19-3
  • Document of gift: means a donor card or other record used to make an anatomical gift. See West Virginia Code 16-19-3
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See West Virginia Code 16-19-3
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See West Virginia Code 16-19-3
  • Eye bank: means a person licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes. See West Virginia Code 16-19-3
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. See West Virginia Code 16-19-3
  • Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state. See West Virginia Code 16-19-3
  • Identification card: means an identification card issued by the Division of Motor Vehicles pursuant to section one, article two, chapter seventeen-b of this code. See West Virginia Code 16-19-3
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Know: means to have actual knowledge. See West Virginia Code 16-19-3
  • laws of the state: includes the Constitution of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
  • medical examiner: includes any person designated by the medical examiner to perform any duties required by this article. See West Virginia Code 16-19-3
  • Minor: means an individual who is under eighteen (18) years of age. See West Virginia Code 16-19-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organ procurement organization: means a nonprofit entity designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization pursuant to 42 U. See West Virginia Code 16-19-3
  • Parent: means another person's natural or adoptive mother or father whose parental rights have not been terminated by a court of law. See West Virginia Code 16-19-3
  • Part: means an organ, an eye or tissue of a human being. See West Virginia Code 16-19-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See West Virginia Code 16-19-3
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See West Virginia Code 16-19-3
  • Physician assistant: has the meaning provided in section sixteen, article three, chapter thirty of this code. See West Virginia Code 16-19-3
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Procurement organization: means an eye bank, organ procurement organization or tissue bank. See West Virginia Code 16-19-3
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. See West Virginia Code 16-19-3
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See West Virginia Code 16-19-3
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See West Virginia Code 16-19-3
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See West Virginia Code 16-19-3
  • Refusal: means a record created under section seven of this article that expressly states an individual's intent to bar other persons from making an anatomical gift of his or her body or part. See West Virginia Code 16-19-3
  • Revocation: means the affirmative declaration of the potential donor's withdrawal of their decision to make or not make a document of gift. See West Virginia Code 16-19-3
  • Sign: means to execute or adopt a tangible symbol or attach to or logically associate with the record an electronic symbol, sound or process, with the present intent to authenticate or adopt a record. See West Virginia Code 16-19-3
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 16-19-3
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Surrogate: means an individual eighteen years of age or older who is reasonably available, is willing to make health care decisions on behalf of an incapacitated person, possesses the capacity to make health care decisions and is identified or selected by the attending physician or advanced nurse practitioner in accordance with the provisions of article thirty of this chapter as the person who is to make those decisions in accordance with the provisions of this article. See West Virginia Code 16-19-3
  • technician: includes an enucleator, i. See West Virginia Code 16-19-3
  • Tissue: means a portion of the human body other than an organ or an eye. See West Virginia Code 16-19-3
  • Tissue bank: means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue. See West Virginia Code 16-19-3
  • Transplant hospital: means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. See West Virginia Code 16-19-3