{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-291.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-291.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-291.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-291.2.html"}],"law_id":74895,"edition_id":1,"section_id":74895,"structure_id":13613,"section_number":"32.1-291.2","catch_line":"Definitions","history":"2007, cc. 92, 907; 2020, cc. 1227, 1246.","full_text":"As used in this Act, unless the context requires otherwise:\n\t\t“Adult” means an individual who is at least 18 years of age.\n\t\t“Agent” means an individual:\n\n1\n\nAuthorized to make health-care decisions on the principal’s behalf by a power of attorney for health care; or2\n\nExpressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.\n\t\t\t“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.\n\t\t\t“Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this Act, a fetus.\n\t\t\t“Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to whom an anatomical gift could pass under § 32.1-291.11.\n\t\t\t“Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card, or donor registry.\n\t\t\t“Donor” means an individual whose body or part is the subject of an anatomical gift.\n\t\t\t“Donor registry” means a database that contains records of anatomical gifts.\n\t\t\t“Driver’s license” means a license or other document issued by the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 authorizing the operation of a motor vehicle upon the highways, whether or not conditions are attached to the license or other document.\n\t\t\t“Eye 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 human eyes or portions of human eyes and that is a member of the Virginia Transplant Council, accredited by the Eye Bank Association of America or the American Association of Tissue Banks and operating in the Commonwealth of Virginia.\n\t\t\t“Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem, except when the guardian ad litem is authorized by a court to consent to donation.\n\t\t\t“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.\n\t\t\t“Identification card” means an identification card issued by the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2.\n\t\t\t“Know” means to have actual knowledge.\n\t\t\t“Minor” means an individual who is under 18 years of age.\n\t\t\t“Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization that is also a member of the Virginia Transplant Council.\n\t\t\t“Parent” means a parent whose parental rights have not been terminated.\n\t\t\t“Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body.\n\t\t\t“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.\n\t\t\t“Physician” means an individual authorized to practice medicine or osteopathy under the law of any state.\n\t\t\t“Procurement organization” means an eye bank, organ procurement organization, or tissue bank that is a member of the Virginia Transplant Council.\n\t\t\t“Prospective donor” means an individual who is dead or whose death is imminent and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.\n\t\t\t“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.\n\t\t\t“Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted.\n\t\t\t“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.\n\t\t\t“Refusal” means a record created under § 32.1-291.7 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part.\n\t\t\t“Sign” means, with the present intent to authenticate or adopt a record:1\n\nTo execute or adopt a tangible symbol; or2\n\nTo attach to or logically associate with the record an electronic symbol, sound, or process.\n\t\t\t“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.\n\t\t\t“Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.\n\t\t\t“Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.\n\t\t\t“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 and that is a member of the Virginia Transplant Council, accredited by the American Association of Tissue Banks, and operating in the Commonwealth of Virginia.\n\t\t\t“Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.","order_by":null,"text":{"0":{"id":269059,"text":"As used in this Act, unless the context requires otherwise:\n\t\t“Adult” means an individual who is at least 18 years of age.\n\t\t“Agent” means an individual:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":269060,"text":"Authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":269061,"text":"Expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.\n\t\t\t“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.\n\t\t\t“Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this Act, a fetus.\n\t\t\t“Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to whom an anatomical gift could pass under § 32.1-291.11.\n\t\t\t“Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card, or donor registry.\n\t\t\t“Donor” means an individual whose body or part is the subject of an anatomical gift.\n\t\t\t“Donor registry” means a database that contains records of anatomical gifts.\n\t\t\t“Driver’s license” means a license or other document issued by the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 authorizing the operation of a motor vehicle upon the highways, whether or not conditions are attached to the license or other document.\n\t\t\t“Eye 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 human eyes or portions of human eyes and that is a member of the Virginia Transplant Council, accredited by the Eye Bank Association of America or the American Association of Tissue Banks and operating in the Commonwealth of Virginia.\n\t\t\t“Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem, except when the guardian ad litem is authorized by a court to consent to donation.\n\t\t\t“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.\n\t\t\t“Identification card” means an identification card issued by the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2.\n\t\t\t“Know” means to have actual knowledge.\n\t\t\t“Minor” means an individual who is under 18 years of age.\n\t\t\t“Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization that is also a member of the Virginia Transplant Council.\n\t\t\t“Parent” means a parent whose parental rights have not been terminated.\n\t\t\t“Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body.\n\t\t\t“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.\n\t\t\t“Physician” means an individual authorized to practice medicine or osteopathy under the law of any state.\n\t\t\t“Procurement organization” means an eye bank, organ procurement organization, or tissue bank that is a member of the Virginia Transplant Council.\n\t\t\t“Prospective donor” means an individual who is dead or whose death is imminent and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.\n\t\t\t“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.\n\t\t\t“Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted.\n\t\t\t“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.\n\t\t\t“Refusal” means a record created under § 32.1-291.7 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part.\n\t\t\t“Sign” means, with the present intent to authenticate or adopt a record:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"3":{"id":269062,"text":"To execute or adopt a tangible symbol; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"4":{"id":269063,"text":"To attach to or logically associate with the record an electronic symbol, sound, or process.\n\t\t\t“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.\n\t\t\t“Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.\n\t\t\t“Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.\n\t\t\t“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 and that is a member of the Virginia Transplant Council, accredited by the American Association of Tissue Banks, and operating in the Commonwealth of Virginia.\n\t\t\t“Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-291.2\/","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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapters 1227<\/a> and 1246<\/a>.<\/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":82942,"section_number":"32.1-291.7","catch_line":"Refusal to make anatomical gift; effect of refusal","order_by":null,"url":"\/32.1-291.7\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"}],"permalink":{"id":204545,"object_type":"law","relational_id":74895,"identifier":"32.1-291.2","token":"32.1\/8\/2\/32.1-291.2","url":"\/32.1-291.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-291.2\/","token":"32.1\/8\/2\/32.1-291.2","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-291.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this Act, unless the context requires otherwise:\n\t\t“Adult<\/span>” means an individual who is at least 18 years of age.\n\t\t“Agent<\/span>” means an individual:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Authorized to make health-care decisions on the principal’s behalf by a power of attorney<\/span> for health care; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Expressly authorized to make an anatomical gift<\/span> on the principal’s behalf by any other record<\/span> signed by the principal.\n\t\t\t“Anatomical gift<\/span>” means a donation of all or part<\/span> of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education.\n\t\t\t“Decedent<\/span>” means a deceased individual whose body or part<\/span> is or may be the source of an anatomical gift<\/span>. The term includes a stillborn infant and, subject to restrictions imposed by law<\/span> other than this Act, a fetus.\n\t\t\t“Disinterested witness<\/span>” means a witness other than the spouse, child, parent<\/span>, sibling, grandchild, grandparent, or guardian of the individual who makes, amends<\/span>, revokes, or refuses to make an anatomical gift<\/span>, or another adult<\/span> who exhibited special care and concern for the individual. The term does not include a person<\/span> to whom an anatomical gift<\/span> could pass under § 32.1-291.11<\/a>.\n\t\t\t“Document of gift<\/span>” means a donor card or other record<\/span> used to make an anatomical gift<\/span>. The term includes a statement or symbol on a driver’s license, identification card<\/span>, or donor registry<\/span>.\n\t\t\t“Donor” means an individual whose body or part<\/span> is the subject of an anatomical gift<\/span>.\n\t\t\t“Donor registry<\/span>” means a database that contains records<\/span> of anatomical gifts<\/span>.\n\t\t\t“Driver’s license” means a license or other document issued by the Department<\/span> of Motor Vehicles under Chapter 3 (§ 46.2-300<\/a> et seq.) of Title 46.2 authorizing the operation of a motor vehicle upon the highways, whether or not conditions are attached to the license or other document.\n\t\t\t“Eye bank<\/span>” means a person<\/span> that is licensed, accredited, or regulated under federal or state<\/span> law<\/span> to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes and that is a member of the Virginia Transplant Council, accredited by the Eye Bank<\/span> Association of America or the American Association of Tissue Banks<\/span> and operating in the Commonwealth of Virginia.\n\t\t\t“Guardian” means a person<\/span> appointed by a court<\/span> to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem<\/span>, except when the guardian ad litem<\/span> is authorized by a court<\/span> to consent to donation.\n\t\t\t“Hospital<\/span>” means a facility licensed as a hospital<\/span> under the law<\/span> of any state<\/span> or a facility operated as a hospital<\/span> by the United States<\/span>, a state<\/span>, or a subdivision of a state<\/span>.\n\t\t\t“Identification card<\/span>” means an identification card<\/span> issued by the Department<\/span> of Motor Vehicles under Chapter 3 (§ 46.2-300<\/a> et seq.) of Title 46.2.\n\t\t\t“Know<\/span>” means to have actual knowledge.\n\t\t\t“Minor<\/span>” means an individual who is under 18 years of age.\n\t\t\t“Organ procurement organization<\/span>” means a person<\/span> designated by the Secretary of the United States<\/span> Department<\/span> of Health and Human Services as an organ procurement organization<\/span> that is also a member of the Virginia Transplant Council.\n\t\t\t“Parent<\/span>” means a parent<\/span> whose parental rights have not been terminated.\n\t\t\t“Part<\/span>” means an organ, an eye, or tissue of a human being. The term does not include the whole body.\n\t\t\t“Person<\/span>” 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.\n\t\t\t“Physician<\/span>” means an individual authorized to practice medicine or osteopathy under the law<\/span> of any state<\/span>.\n\t\t\t“Procurement organization” means an eye bank<\/span>, organ procurement organization<\/span>, or tissue bank<\/span> that is a member of the Virginia Transplant Council.\n\t\t\t“Prospective donor<\/span>” means an individual who is dead or whose death is imminent and has been determined by a procurement organization to have a part<\/span> that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal<\/span>.\n\t\t\t“Reasonably available<\/span>” 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<\/span>.\n\t\t\t“Recipient<\/span>” means an individual into whose body a decedent<\/span>’s part<\/span> has been or is intended to be transplanted.\n\t\t\t“Record<\/span>” 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.\n\t\t\t“Refusal<\/span>” means a record<\/span> created under § 32.1-291.7<\/a> that expressly states<\/span> an intent<\/span> to bar other persons<\/span> from making an anatomical gift<\/span> of an individual’s body or part<\/span>.\n\t\t\t“Sign” means, with the present intent<\/span> to authenticate or adopt a record<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To execute or adopt a tangible symbol; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To attach to or logically associate with the record<\/span> an electronic symbol, sound, or process.\n\t\t\t“State<\/span>” means a state<\/span> of the United States<\/span>, the District of Columbia, Puerto Rico, the United States<\/span> Virgin Islands, or any territory or insular possession<\/span> subject to the jurisdiction<\/span> of the United States<\/span>.\n\t\t\t“Technician<\/span>” means an individual determined to be qualified to remove or process parts<\/span> by an appropriate organization that is licensed, accredited, or regulated under federal or state<\/span> law<\/span>. The term includes an enucleator.\n\t\t\t“Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.\n\t\t\t“Tissue bank<\/span>” means a person<\/span> that is licensed, accredited, or regulated under federal or state<\/span> law<\/span> to engage in the recovery, screening, testing, processing, storage, or distribution of tissue and that is a member of the Virginia Transplant Council, accredited by the American Association of Tissue Banks<\/span>, and operating in the Commonwealth of Virginia.\n\t\t\t“Transplant hospital<\/span>” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 32.1-291.2)\n\nAs used in this Act, unless the context requires otherwise:\n\t\t“Adult” means an individual who is at least 18 years of age.\n\t\t“Agent” means an individual:\n\n1. Authorized to make health-care decisions on the principal’s behalf by a\npower of attorney for health care; or\n\n2. Expressly authorized to make an anatomical gift on the principal’s\nbehalf by any other record signed by the principal.\n\t\t\t“Anatomical gift” means a donation of all or part of a human body\nto take effect after the donor’s death for the purpose of transplantation,\ntherapy, research, or education.\n\t\t\t“Decedent” means a deceased individual whose body or part is or\nmay be the source of an anatomical gift. The term includes a stillborn infant\nand, subject to restrictions imposed by law other than this Act, a fetus.\n\t\t\t“Disinterested witness” means a witness other than the spouse,\nchild, parent, sibling, grandchild, grandparent, or guardian of the individual\nwho makes, amends, revokes, or refuses to make an anatomical gift, or another\nadult who exhibited special care and concern for the individual. The term does\nnot include a person to whom an anatomical gift could pass under §\n32.1-291.11.\n\t\t\t“Document of gift” means a donor card or other record used to\nmake an anatomical gift. The term includes a statement or symbol on a\ndriver’s license, identification card, or donor registry.\n\t\t\t“Donor” means an individual whose body or part is the subject of\nan anatomical gift.\n\t\t\t“Donor registry” means a database that contains records of\nanatomical gifts.\n\t\t\t“Driver’s license” means a license or other document issued\nby the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of\nTitle 46.2 authorizing the operation of a motor vehicle upon the highways,\nwhether or not conditions are attached to the license or other document.\n\t\t\t“Eye bank” means a person that is licensed, accredited, or\nregulated under federal or state law to engage in the recovery, screening,\ntesting, processing, storage, or distribution of human eyes or portions of human\neyes and that is a member of the Virginia Transplant Council, accredited by the\nEye Bank Association of America or the American Association of Tissue Banks and\noperating in the Commonwealth of Virginia.\n\t\t\t“Guardian” means a person appointed by a court to make decisions\nregarding the support, care, education, health, or welfare of an individual. The\nterm does not include a guardian ad litem, except when the guardian ad litem is\nauthorized by a court to consent to donation.\n\t\t\t“Hospital” means a facility licensed as a hospital under the law\nof any state or a facility operated as a hospital by the United States, a state,\nor a subdivision of a state.\n\t\t\t“Identification card” means an identification card issued by the\nDepartment of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title\n46.2.\n\t\t\t“Know” means to have actual knowledge.\n\t\t\t“Minor” means an individual who is under 18 years of age.\n\t\t\t“Organ procurement organization” means a person designated by the\nSecretary of the United States Department of Health and Human Services as an\norgan procurement organization that is also a member of the Virginia Transplant\nCouncil.\n\t\t\t“Parent” means a parent whose parental rights have not been\nterminated.\n\t\t\t“Part” means an organ, an eye, or tissue of a human being. The\nterm does not include the whole body.\n\t\t\t“Person” means an individual, corporation, business trust,\nestate, trust, partnership, limited liability company, association, joint\nventure, public corporation, government or governmental subdivision, agency, or\ninstrumentality, or any other legal or commercial entity.\n\t\t\t“Physician” means an individual authorized to practice medicine\nor osteopathy under the law of any state.\n\t\t\t“Procurement organization” means an eye bank, organ procurement\norganization, or tissue bank that is a member of the Virginia Transplant\nCouncil.\n\t\t\t“Prospective donor” means an individual who is dead or whose\ndeath is imminent and has been determined by a procurement organization to have\na part that could be medically suitable for transplantation, therapy, research,\nor education. The term does not include an individual who has made a refusal.\n\t\t\t“Reasonably available” means able to be contacted by a\nprocurement organization without undue effort and willing and able to act in a\ntimely manner consistent with existing medical criteria necessary for the making\nof an anatomical gift.\n\t\t\t“Recipient” means an individual into whose body a\ndecedent’s part has been or is intended to be transplanted.\n\t\t\t“Record” means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n\t\t\t“Refusal” means a record created under § 32.1-291.7 that\nexpressly states an intent to bar other persons from making an anatomical gift\nof an individual’s body or part.\n\t\t\t“Sign” means, with the present intent to authenticate or adopt a\nrecord:\n\n1. To execute or adopt a tangible symbol; or\n\n2. To attach to or logically associate with the record an electronic symbol,\nsound, or process.\n\t\t\t“State” means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, or any territory or\ninsular possession subject to the jurisdiction of the United States.\n\t\t\t“Technician” means an individual determined to be qualified to\nremove or process parts by an appropriate organization that is licensed,\naccredited, or regulated under federal or state law. The term includes an\nenucleator.\n\t\t\t“Tissue” means a portion of the human body other than an organ or\nan eye. The term does not include blood unless the blood is donated for the\npurpose of research or education.\n\t\t\t“Tissue bank” means a person that is licensed, accredited, or\nregulated under federal or state law to engage in the recovery, screening,\ntesting, processing, storage, or distribution of tissue and that is a member of\nthe Virginia Transplant Council, accredited by the American Association of\nTissue Banks, and operating in the Commonwealth of Virginia.\n\t\t\t“Transplant hospital” means a hospital that furnishes organ\ntransplants and other medical and surgical specialty services required for the\ncare of transplant patients.\n\nHISTORY: 2007, cc. 92, 907; 2020, cc. 1227, 1246.","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}}