{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-291.14.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-291.14.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-291.14.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-291.14.html"}],"law_id":70942,"edition_id":1,"section_id":70942,"structure_id":13613,"section_number":"32.1-291.14","catch_line":"Rights and duties of procurement organization and others","history":"2007, cc. 92, 907.","full_text":"A\n\nWhen a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization shall make a reasonable search of the records of the Virginia Department of Motor Vehicles and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.B\n\nA procurement organization shall be allowed reasonable access to information in the records of the Virginia Department of Motor Vehicles to ascertain whether an individual who is dead or whose death is imminent is a donor.C\n\nWhen a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.D\n\nUnless prohibited by law other than this Act, at any time after a donor’s death, the person to which a part passes under § 32.1-291.11 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.E\n\nUnless prohibited by law other than this Act, an examination under subsection C or D may include an examination of all medical and dental records of the donor or prospective donor.F\n\nUpon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.G\n\nUpon referral by a hospital under subsection A, a procurement organization shall make a reasonable search for any person listed in § 32.1-291.9 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.H\n\nSubject to subsection I of § 32.1-291.11 and § 32.1-291.23, the rights of the person to which a part passes under § 32.1-291.11 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this Act, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under § 32.1-291.11, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.I\n\nNeither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent.J\n\nA donated part from the body of a donor may be removed only by a physician or technician. The physician or technician performing the removal shall be qualified to remove the donated part from the body. For the purposes of this section, “qualified” means:1\n\nIf the part is an organ, a physician or technician who is authorized by the appropriate organ procurement organization;2\n\nIf the part is an eye, a physician or technician who is approved by an eye bank as qualified to perform the act of eye recovery; or3\n\nIf the part is tissue, any physician or technician who is approved by LifeNet as qualified to perform the act of tissue recovery.\n\t\t\t\tAn organ procurement organization may screen, test, and recover eyes and tissue on behalf of an eye bank or tissue bank. Any person authorized by this subsection to recover organs, tissues or eyes may draw blood from the donor and order such tests as may be appropriate to protect his health and the health of the recipients of the organs, tissues or eyes.","order_by":null,"text":{"0":{"id":255830,"text":"When a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization shall make a reasonable search of the records of the Virginia Department of Motor Vehicles and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255831,"text":"A procurement organization shall be allowed reasonable access to information in the records of the Virginia Department of Motor Vehicles to ascertain whether an individual who is dead or whose death is imminent is a donor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255832,"text":"When a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255833,"text":"Unless prohibited by law other than this Act, at any time after a donor’s death, the person to which a part passes under § 32.1-291.11 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":255834,"text":"Unless prohibited by law other than this Act, an examination under subsection C or D may include an examination of all medical and dental records of the donor or prospective donor.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":255835,"text":"Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":255836,"text":"Upon referral by a hospital under subsection A, a procurement organization shall make a reasonable search for any person listed in § 32.1-291.9 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":255837,"text":"Subject to subsection I of § 32.1-291.11 and § 32.1-291.23, the rights of the person to which a part passes under § 32.1-291.11 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this Act, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under § 32.1-291.11, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":255838,"text":"Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":255839,"text":"A donated part from the body of a donor may be removed only by a physician or technician. The physician or technician performing the removal shall be qualified to remove the donated part from the body. For the purposes of this section, “qualified” means:","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"J1"},"10":{"id":255840,"text":"If the part is an organ, a physician or technician who is authorized by the appropriate organ procurement organization;","type":"section","prefixes":["J","1"],"prefix":"1","entire_prefix":"J1","prefix_anchor":"J1","level":2,"prior_prefix":"J","next_prefix":"J2"},"11":{"id":255841,"text":"If the part is an eye, a physician or technician who is approved by an eye bank as qualified to perform the act of eye recovery; or","type":"section","prefixes":["J","2"],"prefix":"2","entire_prefix":"J2","prefix_anchor":"J2","level":2,"prior_prefix":"J1","next_prefix":"J3"},"12":{"id":255842,"text":"If the part is tissue, any physician or technician who is approved by LifeNet as qualified to perform the act of tissue recovery.\n\t\t\t\tAn organ procurement organization may screen, test, and recover eyes and tissue on behalf of an eye bank or tissue bank. Any person authorized by this subsection to recover organs, tissues or eyes may draw blood from the donor and order such tests as may be appropriate to protect his health and the health of the recipients of the organs, tissues or eyes.","type":"section","prefixes":["J","3"],"prefix":"3","entire_prefix":"J3","prefix_anchor":"J3","level":2,"prior_prefix":"J2"}},"ancestry":[{"id":13613,"edition_id":1,"name":"Anatomical Gifts","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13612,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":204475,"object_type":"structure","relational_id":13613,"identifier":"2","token":"32.1\/8\/2","url":"\/32.1\/8\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13612,"edition_id":1,"name":"Postmortem Examinations and Services","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":204383,"object_type":"structure","relational_id":13612,"identifier":"8","token":"32.1\/8","url":"\/32.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58532,"structure_id":13613,"section_number":"32.1-289","catch_line":"Repealed","url":"\/32.1-289\/","token":"32.1\/8\/2\/32.1-289","metadata":false},{"id":69229,"structure_id":13613,"section_number":"32.1-289.1","catch_line":"Repealed","url":"\/32.1-289.1\/","token":"32.1\/8\/2\/32.1-289.1","metadata":false},{"id":71547,"structure_id":13613,"section_number":"32.1-289.2","catch_line":"Repealed","url":"\/32.1-289.2\/","token":"32.1\/8\/2\/32.1-289.2","metadata":false},{"id":56571,"structure_id":13613,"section_number":"32.1-290","catch_line":"Repealed","url":"\/32.1-290\/","token":"32.1\/8\/2\/32.1-290","metadata":false},{"id":76432,"structure_id":13613,"section_number":"32.1-290.1","catch_line":"Repealed","url":"\/32.1-290.1\/","token":"32.1\/8\/2\/32.1-290.1","metadata":false},{"id":82334,"structure_id":13613,"section_number":"32.1-291","catch_line":"Repealed","url":"\/32.1-291\/","token":"32.1\/8\/2\/32.1-291","metadata":false},{"id":72836,"structure_id":13613,"section_number":"32.1-291.1","catch_line":"Revised Uniform Anatomical Gift Act; short title","url":"\/32.1-291.1\/","token":"32.1\/8\/2\/32.1-291.1","metadata":false},{"id":69100,"structure_id":13613,"section_number":"32.1-291.10","catch_line":"Manner of making, amending, or revoking anatomical gift of decedent's body or part","url":"\/32.1-291.10\/","token":"32.1\/8\/2\/32.1-291.10","metadata":false},{"id":69568,"structure_id":13613,"section_number":"32.1-291.11","catch_line":"Persons that may receive anatomical gift; purpose of anatomical gift","url":"\/32.1-291.11\/","token":"32.1\/8\/2\/32.1-291.11","metadata":false},{"id":65447,"structure_id":13613,"section_number":"32.1-291.12","catch_line":"Search and notification","url":"\/32.1-291.12\/","token":"32.1\/8\/2\/32.1-291.12","metadata":false},{"id":67665,"structure_id":13613,"section_number":"32.1-291.13","catch_line":"Delivery of document of gift not required; right to examine","url":"\/32.1-291.13\/","token":"32.1\/8\/2\/32.1-291.13","metadata":false},{"id":70942,"structure_id":13613,"section_number":"32.1-291.14","catch_line":"Rights and duties of procurement organization and others","url":"\/32.1-291.14\/","token":"32.1\/8\/2\/32.1-291.14","metadata":false},{"id":74101,"structure_id":13613,"section_number":"32.1-291.15","catch_line":"Coordination of procurement and use","url":"\/32.1-291.15\/","token":"32.1\/8\/2\/32.1-291.15","metadata":false},{"id":81315,"structure_id":13613,"section_number":"32.1-291.16","catch_line":"Sale or purchase of parts prohibited; penalty","url":"\/32.1-291.16\/","token":"32.1\/8\/2\/32.1-291.16","metadata":false},{"id":79538,"structure_id":13613,"section_number":"32.1-291.17","catch_line":"Falsification, etc., of document of gift; penalty","url":"\/32.1-291.17\/","token":"32.1\/8\/2\/32.1-291.17","metadata":false},{"id":57960,"structure_id":13613,"section_number":"32.1-291.18","catch_line":"Immunity","url":"\/32.1-291.18\/","token":"32.1\/8\/2\/32.1-291.18","metadata":false},{"id":63789,"structure_id":13613,"section_number":"32.1-291.19","catch_line":"Law governing validity; choice of law as to execution of document of gift; presumption of validity","url":"\/32.1-291.19\/","token":"32.1\/8\/2\/32.1-291.19","metadata":false},{"id":74895,"structure_id":13613,"section_number":"32.1-291.2","catch_line":"Definitions","url":"\/32.1-291.2\/","token":"32.1\/8\/2\/32.1-291.2","metadata":false},{"id":61695,"structure_id":13613,"section_number":"32.1-291.20","catch_line":"Donor registry","url":"\/32.1-291.20\/","token":"32.1\/8\/2\/32.1-291.20","metadata":false},{"id":81426,"structure_id":13613,"section_number":"32.1-291.21","catch_line":"Effect of anatomical gift on advance health-care directive","url":"\/32.1-291.21\/","token":"32.1\/8\/2\/32.1-291.21","metadata":false},{"id":57016,"structure_id":13613,"section_number":"32.1-291.22","catch_line":"Cooperation between Office of the Chief Medical Examiner and procurement organization","url":"\/32.1-291.22\/","token":"32.1\/8\/2\/32.1-291.22","metadata":false},{"id":86843,"structure_id":13613,"section_number":"32.1-291.23","catch_line":"Facilitation of anatomical gift from decedent whose body is under jurisdiction of the Office of the Chief Medical Examiner","url":"\/32.1-291.23\/","token":"32.1\/8\/2\/32.1-291.23","metadata":false},{"id":84286,"structure_id":13613,"section_number":"32.1-291.24","catch_line":"Uniformity of application and construction","url":"\/32.1-291.24\/","token":"32.1\/8\/2\/32.1-291.24","metadata":false},{"id":60244,"structure_id":13613,"section_number":"32.1-291.25","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/32.1-291.25\/","token":"32.1\/8\/2\/32.1-291.25","metadata":false},{"id":68993,"structure_id":13613,"section_number":"32.1-291.3","catch_line":"Applicability of Act","url":"\/32.1-291.3\/","token":"32.1\/8\/2\/32.1-291.3","metadata":false},{"id":72158,"structure_id":13613,"section_number":"32.1-291.4","catch_line":"Who may make anatomical gift before donor's death","url":"\/32.1-291.4\/","token":"32.1\/8\/2\/32.1-291.4","metadata":false},{"id":83682,"structure_id":13613,"section_number":"32.1-291.5","catch_line":"Manner of making anatomical gift before donor's death","url":"\/32.1-291.5\/","token":"32.1\/8\/2\/32.1-291.5","metadata":false},{"id":70327,"structure_id":13613,"section_number":"32.1-291.6","catch_line":"Amending or revoking anatomical gift before donor's death","url":"\/32.1-291.6\/","token":"32.1\/8\/2\/32.1-291.6","metadata":false},{"id":82942,"structure_id":13613,"section_number":"32.1-291.7","catch_line":"Refusal to make anatomical gift; effect of refusal","url":"\/32.1-291.7\/","token":"32.1\/8\/2\/32.1-291.7","metadata":false},{"id":62874,"structure_id":13613,"section_number":"32.1-291.8","catch_line":"Preclusive effect of anatomical gift, amendment, or revocation","url":"\/32.1-291.8\/","token":"32.1\/8\/2\/32.1-291.8","metadata":false},{"id":70357,"structure_id":13613,"section_number":"32.1-291.9","catch_line":"Who may make anatomical gift of decedent's body or part","url":"\/32.1-291.9\/","token":"32.1\/8\/2\/32.1-291.9","metadata":false},{"id":62996,"structure_id":13613,"section_number":"32.1-292","catch_line":"Repealed","url":"\/32.1-292\/","token":"32.1\/8\/2\/32.1-292","metadata":false},{"id":76221,"structure_id":13613,"section_number":"32.1-292.1","catch_line":"Repealed","url":"\/32.1-292.1\/","token":"32.1\/8\/2\/32.1-292.1","metadata":false},{"id":58737,"structure_id":13613,"section_number":"32.1-292.2","catch_line":"The Virginia Donor Registry","url":"\/32.1-292.2\/","token":"32.1\/8\/2\/32.1-292.2","metadata":false},{"id":71410,"structure_id":13613,"section_number":"32.1-293","catch_line":"Repealed","url":"\/32.1-293\/","token":"32.1\/8\/2\/32.1-293","metadata":false},{"id":65568,"structure_id":13613,"section_number":"32.1-294","catch_line":"Repealed","url":"\/32.1-294\/","token":"32.1\/8\/2\/32.1-294","metadata":false},{"id":56844,"structure_id":13613,"section_number":"32.1-295","catch_line":"Repealed","url":"\/32.1-295\/","token":"32.1\/8\/2\/32.1-295","metadata":false},{"id":86743,"structure_id":13613,"section_number":"32.1-296","catch_line":"Determination of death","url":"\/32.1-296\/","token":"32.1\/8\/2\/32.1-296","metadata":false},{"id":58963,"structure_id":13613,"section_number":"32.1-297","catch_line":"Action for implied warranty in connection with transfer of blood or human tissue","url":"\/32.1-297\/","token":"32.1\/8\/2\/32.1-297","metadata":false},{"id":63591,"structure_id":13613,"section_number":"32.1-297.1","catch_line":"The Virginia Transplant Council","url":"\/32.1-297.1\/","token":"32.1\/8\/2\/32.1-297.1","metadata":false},{"id":54581,"structure_id":13613,"section_number":"32.1-297.2","catch_line":"Discrimination prohibited","url":"\/32.1-297.2\/","token":"32.1\/8\/2\/32.1-297.2","metadata":false}],"previous_section":{"id":67665,"structure_id":13613,"section_number":"32.1-291.13","catch_line":"Delivery of document of gift not required; right to examine","url":"\/32.1-291.13\/","token":"32.1\/8\/2\/32.1-291.13","metadata":false},"next_section":{"id":74101,"structure_id":13613,"section_number":"32.1-291.15","catch_line":"Coordination of procurement and use","url":"\/32.1-291.15\/","token":"32.1\/8\/2\/32.1-291.15","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-291.14\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 92<\/a> and 907<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":69568,"section_number":"32.1-291.11","catch_line":"Persons that may receive anatomical gift; purpose of anatomical gift","order_by":null,"url":"\/32.1-291.11\/"},{"id":86843,"section_number":"32.1-291.23","catch_line":"Facilitation of anatomical gift from decedent whose body is under jurisdiction of the Office of the Chief Medical Examiner","order_by":null,"url":"\/32.1-291.23\/"},{"id":70357,"section_number":"32.1-291.9","catch_line":"Who may make anatomical gift of decedent's body or part","order_by":null,"url":"\/32.1-291.9\/"}],"permalink":{"id":204521,"object_type":"law","relational_id":70942,"identifier":"32.1-291.14","token":"32.1\/8\/2\/32.1-291.14","url":"\/32.1-291.14\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-291.14\/","token":"32.1\/8\/2\/32.1-291.14","dublin_core":{"Title":"Rights and duties of procurement organization and others","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-291.14","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization shall make a reasonable search of the records of the Virginia Department<\/span> of Motor Vehicles and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A procurement organization shall be allowed reasonable access to information in the records of the Virginia Department<\/span> of Motor Vehicles to ascertain whether an individual who is dead or whose death is imminent is a donor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless prohibited by law<\/span> other than this Act, at any time after a donor’s death, the person<\/span> to which a part passes under § 32.1-291.11<\/a> may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Unless prohibited by law<\/span> other than this Act, an examination under subsection C or D may include an examination of all medical and dental records of the donor or prospective donor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the death of a minor<\/span> who was a donor or had signed a refusal, unless a procurement organization knows the minor<\/span> is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor<\/span> and provide the parents with an opportunity to revoke or amend<\/span> the anatomical gift or revoke the refusal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon referral by a hospital under subsection A, a procurement organization shall make a reasonable search for any person<\/span> listed in § 32.1-291.9<\/a> having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person<\/span> was made, amended, or revoked, it shall promptly advise the other person<\/span> of all relevant information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Subject to subsection I of § 32.1-291.11<\/a> and § 32.1-291.23<\/a>, the rights of the person<\/span> to which a part passes under § 32.1-291.11<\/a> are superior to the rights of all others with respect to the part. The person<\/span> may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this Act, a person<\/span> that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person<\/span> to which the part passes under § 32.1-291.11<\/a>, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A donated part from the body of a donor may be removed only by a physician or technician. The physician or technician performing the removal shall be qualified to remove the donated part from the body. For the purposes of this section, “qualified” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the part is an organ, a physician or technician who is authorized by the appropriate organ procurement organization; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the part is an eye, a physician or technician who is approved by an eye bank as qualified to perform the act of eye recovery; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the part is tissue, any physician or technician who is approved by LifeNet as qualified to perform the act of tissue recovery.\n\t\t\t\tAn organ procurement organization may screen, test, and recover eyes and tissue on behalf of an eye bank or tissue bank. Any person<\/span> authorized by this subsection to recover organs, tissues or eyes may draw blood from the donor and order<\/span> such tests as may be appropriate to protect his health and the health of the recipients of the organs, tissues or eyes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS (\u00a7 32.1-291.14)\n\nA. When a hospital refers an individual who is dead or whose death is imminent\nto a procurement organization, the organization shall make a reasonable search\nof the records of the Virginia Department of Motor Vehicles and any donor\nregistry that it knows exists for the geographical area in which the individual\nresides to ascertain whether the individual has made an anatomical gift.\n\nB. A procurement organization shall be allowed reasonable access to information\nin the records of the Virginia Department of Motor Vehicles to ascertain whether\nan individual who is dead or whose death is imminent is a donor.\n\nC. When a hospital refers an individual who is dead or whose death is imminent\nto a procurement organization, the organization may conduct any reasonable\nexamination necessary to ensure the medical suitability of a part that is or\ncould be the subject of an anatomical gift for transplantation, therapy,\nresearch, or education from a donor or a prospective donor. During the\nexamination period, measures necessary to ensure the medical suitability of the\npart may not be withdrawn unless the hospital or procurement organization knows\nthat the individual expressed a contrary intent.\n\nD. Unless prohibited by law other than this Act, at any time after a\ndonor’s death, the person to which a part passes under § 32.1-291.11\nmay conduct any reasonable examination necessary to ensure the medical\nsuitability of the body or part for its intended purpose.\n\nE. Unless prohibited by law other than this Act, an examination under subsection\nC or D may include an examination of all medical and dental records of the donor\nor prospective donor.\n\nF. Upon the death of a minor who was a donor or had signed a refusal, unless a\nprocurement organization knows the minor is emancipated, the procurement\norganization shall conduct a reasonable search for the parents of the minor and\nprovide the parents with an opportunity to revoke or amend the anatomical gift\nor revoke the refusal.\n\nG. Upon referral by a hospital under subsection A, a procurement organization\nshall make a reasonable search for any person listed in § 32.1-291.9 having\npriority to make an anatomical gift on behalf of a prospective donor. If a\nprocurement organization receives information that an anatomical gift to any\nother person was made, amended, or revoked, it shall promptly advise the other\nperson of all relevant information.\n\nH. Subject to subsection I of § 32.1-291.11 and § 32.1-291.23, the\nrights of the person to which a part passes under § 32.1-291.11 are\nsuperior to the rights of all others with respect to the part. The person may\naccept or reject an anatomical gift in whole or in part. Subject to the terms of\nthe document of gift and this Act, a person that accepts an anatomical gift of\nan entire body may allow embalming, burial or cremation, and use of remains in a\nfuneral service. If the gift is of a part, the person to which the part passes\nunder § 32.1-291.11, upon the death of the donor and before embalming,\nburial, or cremation, shall cause the part to be removed without unnecessary\nmutilation.\n\nI. Neither the physician who attends the decedent at death nor the physician who\ndetermines the time of the decedent’s death may participate in the\nprocedures for removing or transplanting a part from the decedent.\n\nJ. A donated part from the body of a donor may be removed only by a physician or\ntechnician. The physician or technician performing the removal shall be\nqualified to remove the donated part from the body. For the purposes of this\nsection, “qualified” means:\n\n 1. If the part is an organ, a physician or technician who is authorized by the\n appropriate organ procurement organization;\n\n 2. If the part is an eye, a physician or technician who is approved by an eye\n bank as qualified to perform the act of eye recovery; or\n\n 3. If the part is tissue, any physician or technician who is approved by\n LifeNet as qualified to perform the act of tissue recovery.\n \t\t\t\tAn organ procurement organization may screen, test, and recover eyes and\n tissue on behalf of an eye bank or tissue bank. Any person authorized by this\n subsection to recover organs, tissues or eyes may draw blood from the donor\n and order such tests as may be appropriate to protect his health and the\n health of the recipients of the organs, tissues or eyes.\n\nHISTORY: 2007, cc. 92, 907.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}