16-65-1 Legislative intent
16-65-2 Definitions
16-65-3 Discrimination prohibited
16-65-4 Enforcement

Terms Used In West Virginia Code > Chapter 16 > Article 65 - Nondiscrimination Relating to Access to Organ Transplantation

  • 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 or transfusion. See West Virginia Code 16-65-2
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Auxiliary aids and services: means an aid or service that is used to provide information to a person with cognitive, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information and may include:

    (1) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. See West Virginia Code 16-65-2

  • Covered entity: means :

    (1) Any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers. See West Virginia Code 16-65-2

  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Organ transplant: means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition. See West Virginia Code 16-65-2
  • Qualified individual: means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

    (1) Individuals or entities available to support and assist the person with an anatomical gift or transplantation. See West Virginia Code 16-65-2

  • Supported decision-making: includes use of a support person or persons in order to assist an individual in making medical decisions, communicate information to the individual, or ascertain an individual's wishes, including:

    (1) Inclusion of the individual's attorney-in-fact, health care proxy, or any person of the individual's choice in communications about the individual's medical care. See West Virginia Code 16-65-2