{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-291.21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-291.21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-291.21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-291.21.html"}],"law_id":81426,"edition_id":1,"section_id":81426,"structure_id":13613,"section_number":"32.1-291.21","catch_line":"Effect of anatomical gift on advance health-care directive","history":"2007, cc. 92, 907; 2008, c. 82.","full_text":"A\n\nIn this section:\n\t\t\t“Advance health-care directive” means an advance directive executed by a prospective donor as provided in the Health Care Decisions Act (§ 54.1-2981 et seq.).\n\t\t\t“Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.\n\t\t\t“Health care decision” means any decision regarding the health care of the prospective donor.B\n\nIf a prospective donor has a declaration or an advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and the prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if there is no declaration or directive, or the agent is not reasonably available, another person authorized by law other than this Act, to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under § 32.1-291.9. Before resolution of the conflict, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.","order_by":null,"text":{"0":{"id":291768,"text":"In this section:\n\t\t\t“Advance health-care directive” means an advance directive executed by a prospective donor as provided in the Health Care Decisions Act (§ 54.1-2981 et seq.).\n\t\t\t“Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.\n\t\t\t“Health care decision” means any decision regarding the health care of the prospective donor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291769,"text":"If a prospective donor has a declaration or an advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and the prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if there is no declaration or directive, or the agent is not reasonably available, another person authorized by law other than this Act, to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under § 32.1-291.9. Before resolution of the conflict, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-291.21\/","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 2008, chapter 82<\/a>.<\/p>","references":false,"refers_to":[{"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\/"},{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"}],"permalink":{"id":204553,"object_type":"law","relational_id":81426,"identifier":"32.1-291.21","token":"32.1\/8\/2\/32.1-291.21","url":"\/32.1-291.21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-291.21\/","token":"32.1\/8\/2\/32.1-291.21","dublin_core":{"Title":"Effect of anatomical gift on advance health-care directive","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-291.21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In this section:\n\t\t\t“Advance health-care directive<\/span>” means an advance directive executed by a prospective donor as provided in the Health Care Decisions<\/span> Act (§ 54.1-2981<\/a> et seq.).\n\t\t\t“Declaration<\/span>” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.\n\t\t\t“Health care decision<\/span>” means any decision regarding the health care of the prospective donor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a prospective donor has a declaration<\/span> or an advance health-care directive<\/span> and the terms of the declaration<\/span> or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and the prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration<\/span> or directive, or, if there is no declaration<\/span> or directive, or the agent is not reasonably available, another person<\/span> authorized by law<\/span> other than this Act, to make health care decisions<\/span> on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person<\/span> authorized to make an anatomical gift for the prospective donor under § 32.1-291.9<\/a>. Before resolution of the conflict, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH-CARE DIRECTIVE (\u00a7 32.1-291.21)\n\nA. In this section:\n\t\t\t“Advance health-care directive” means an advance directive\nexecuted by a prospective donor as provided in the Health Care Decisions Act\n(§ 54.1-2981 et seq.).\n\t\t\t“Declaration” means a record signed by a prospective donor\nspecifying the circumstances under which a life support system may be withheld\nor withdrawn from the prospective donor.\n\t\t\t“Health care decision” means any decision regarding the health\ncare of the prospective donor.\n\nB. If a prospective donor has a declaration or an advance health-care directive\nand the terms of the declaration or directive and the express or implied terms\nof a potential anatomical gift are in conflict with regard to the administration\nof measures necessary to ensure the medical suitability of a part for\ntransplantation or therapy, the prospective donor’s attending physician\nand the prospective donor shall confer to resolve the conflict. If the\nprospective donor is incapable of resolving the conflict, an agent acting under\nthe prospective donor’s declaration or directive, or, if there is no\ndeclaration or directive, or the agent is not reasonably available, another\nperson authorized by law other than this Act, to make health care decisions on\nbehalf of the prospective donor, shall act for the donor to resolve the\nconflict. The conflict shall be resolved as expeditiously as possible.\nInformation relevant to the resolution of the conflict may be obtained from the\nappropriate procurement organization and any other person authorized to make an\nanatomical gift for the prospective donor under § 32.1-291.9. Before\nresolution of the conflict, measures necessary to ensure the medical suitability\nof an organ for transplantation or therapy may not be withheld or withdrawn from\nthe prospective donor if withholding or withdrawing the measures is not\ncontraindicated by appropriate end-of-life care.\n\nHISTORY: 2007, cc. 92, 907; 2008, c. 82.","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}}