2006 Code of Virginia § 32.1-290 - Persons who may execute anatomical gift or make organ donations; when gift may be executed; examina...

32.1-290. Persons who may execute anatomical gift or make organ donations;when gift may be executed; examination of body authorized; rights of doneeparamount.

A. Any competent individual who is at least eighteen years of age orindividual under eighteen who is of sound mind and has the written consent ofhis parent or legal guardian may (i) make an anatomical gift or organ, tissueor eye donation, (ii) limit an anatomical gift or any organ, tissue or eyedonation or (iii) refuse to make an anatomical gift or organ, tissue or eyedonation; however, individuals under eighteen may refuse without the writtenconsent of their parent or legal guardian.

B. An anatomical gift or organ, tissue or eye donation by a donor may be madeby a document of gift signed by the donor and execution of a document of giftas authorized by this section shall be sufficient to effect such a gift. Ifthe donor cannot sign, the document of gift must be signed by anotherindividual and by two witnesses, all of whom have signed at the direction andin the presence of the donor and of each other, and state that it has been sosigned.

Organ, tissue and eye donations may also be made by a donor in accordancewith the procedures established by the Department of Motor Vehicles, pursuantto 46.2-342, and in an advance directive as provided in the Health CareDecisions Act ( 54.1-2981 et seq.). Revocation, suspension, expiration orcancellation of the donor's driver's license shall not affect the anatomicalgift or organ, tissue or eye donation.

C. A document of gift may designate a named individual, or a Health CareFinancing Administration federally designated organ procurement organizationnamed in a memorandum of understanding with the hospital. In the absence of adesignation or if the designee is not available, the donee or other personauthorized to accept the anatomical gift or organ, tissue or eye donation mayemploy or authorize any physician or surgeon, and, in the case of a gift ofthe eyes, any technician or funeral service licensee or embalmer licensed inthis Commonwealth who can document the successful completion of a courseprovided by any eye bank in this Commonwealth which is accredited by the EyeBank Association of America or the American Association of Tissue Banks.

In the case of a gift of skin, temporal bone or other bone, in the absence ofa designation by the donor or if such designee is not available, the donee orother person authorized to accept the gift may employ or authorize to performthe appropriate procedures: (i) any physician or surgeon or (ii) anytechnician approved by the Life Net as qualified to perform the act of skinor bone harvesting.

In the case of a gift of the brain to be used for confirmation of diagnosisand research into the etiology of any organic brain disease, the donee orother person authorized to receive the organ may employ or authorize alaboratory technician trained by a licensed neuropathologist to recover thebrain.

Any person authorized by this section to perform eye enucleation, or recoveryof skin, temporal bone and other bone or tissue or vascular organs may drawblood from the donor and order such tests as may be appropriate to protecthis health and the health of the potential recipients of the tissues ororgans.

A surgeon, physician, organ procurement organization employee, funeralservice licensee, embalmer, technician or ophthalmic assistant acting inaccordance with the terms of this section shall not have any liability, civilor criminal, for eye enucleation, recovery of the brain or other organ orharvesting of skin or bones upon a decedent.

D. An anatomical gift or organ, tissue or eye donation by will takes effectupon death of the testator, whether or not the will is probated. If, afterdeath, the will is declared invalid for testamentary purposes, the validityof the anatomical gift or organ, tissue or eye donation shall remain valid,and no person shall refuse to comply with such gift or donation. The donor ofan anatomical gift or organ, tissue or eye donation made by will may amend orrevoke the gift in the manner provided for amendment or revocation of wills,or as provided in this section.

E. An anatomical gift or organ, tissue or eye donation, regardless of thedocument making such gift or donation, that is not revoked by the donorbefore death is irrevocable and does not require the consent or concurrenceof any person after the donor's death for the eye enucleation, recovery ofthe brain or other organ or harvesting of skin or bones of the donor.

A donor may amend or revoke an anatomical gift or donor document, not made bywill, only by (i) a signed statement, (ii) an oral statement made in thepresence of two individuals, (iii) any form of communication during aterminal illness or injury, (iv) the delivery of a signed statement to aspecified donee to whom a document of gift has been delivered, or (v)compliance with the relevant law, e.g., the Uniform Donor Document pursuantto 46.2-342 or the Health Care Decisions Act ( 54.1-2981 et seq.).

F. An individual may refuse to make an anatomical gift of the individual'sbody or organ, tissue or eye donation by (i) a writing signed in the samemanner as a document of gift, (ii) a statement attached to a driver's licenseor driver's record, or (iii) any other writing used to identify theindividual as refusing to make an anatomical gift or organ, tissue or eyedonation. During a terminal illness or injury, the refusal may be an oralstatement or other form of communication.

G. In the absence of contrary indications by the donor, (i) an anatomicalgift of a specific organ donation is neither a refusal to give other organs,tissues, or the eyes nor a limitation on an anatomical gift or organ, tissueor eye donation under 32.1-290.1 or on the removal or release of otherorgans, tissues or the eyes under 32.1-290.1 and (ii) a revocation oramendment of an anatomical gift or organ, tissue or eye donation is not arefusal to make another anatomical gift or organ, tissue or eye donation. Ifthe donor intends a revocation to be a refusal to make an anatomical gift ororgan, tissue or eye donation in the future, the donor shall make the refusalpursuant to subsection F.

(Code 1950, 32-364.4; 1970, c. 460; 1979, c. 711; 1990, c. 959; 1993, c.986; 1997, c. 449; 2000, c. 810.)