                                 CODE OF VIRGINIA

PERSONS THAT MAY RECEIVE ANATOMICAL GIFT; PURPOSE OF ANATOMICAL GIFT (§
32.1-291.11)

A. An anatomical gift may be made to the following persons named in the document
of gift:

   1. A hospital; accredited medical school, dental school, or institution of
   higher education; organ procurement organization; or other appropriate person
   authorized by the Virginia Transplant Council, for research or education;

   2. Subject to subsection B, an individual designated by the person making the
   anatomical gift if the individual is the recipient of the part; or

   3. An eye bank or tissue bank.

B. If an anatomical gift to an individual under subdivision A 2 cannot be
transplanted into the individual, the part passes in accordance with subsection
G in the absence of an express, contrary indication by the person making the
anatomical gift.

C. If an anatomical gift of one or more specific parts or of all parts is made
in a document of gift that does not name a person described in subsection A but
identifies the purpose for which an anatomical gift may be used, the following
rules apply:

   1. If the part is an eye and the gift is for the purpose of transplantation or
   therapy, the gift passes to the appropriate eye bank.

   2. If the part is tissue and the gift is for the purpose of transplantation or
   therapy, the gift passes to the appropriate tissue bank.

   3. If the part is an organ and the gift is for the purpose of transplantation
   or therapy, the gift passes to the appropriate organ procurement organization
   as custodian of the organ.

   4. If the part is an organ, an eye, or tissue and the gift is for the purpose
   of research or education, the gift passes to the appropriate procurement
   organization.

D. For the purpose of subsection C, if there is more than one purpose of an
anatomical gift set forth in the document of gift but the purposes are not set
forth in any priority, the gift shall be used for transplantation or therapy, if
suitable. If the gift cannot be used for transplantation or therapy, the gift
may be used for research or education.

E. If an anatomical gift of one or more specific parts is made in a document of
gift that does not name a person described in subsection A and does not identify
the purpose of the gift, the gift may be used for transplantation, therapy,
research and education, and the gift passes in accordance with subsection G. The
gift shall be used first for transplantation or therapy, if suitable. If the
gift cannot be used for transplantation or therapy, the gift may be used for
research or education.

F. If a document of gift specifies only a general intent to make an anatomical
gift by words such as &#8220;donor,&#8221; &#8220;organ donor,&#8221; or
&#8220;body donor,&#8221; or by a symbol or statement of similar import, the
gift may be used for transplantation, therapy, research and education and the
gift passes in accordance with subsection G. The gift shall be used first for
transplantation or therapy, if suitable. If the gift cannot be used for
transplantation or therapy, the gift may be used for research or education.

G. For purposes of subsections B, E, and F the following rules apply:

   1. If the part is an eye, the gift passes to the appropriate eye bank.

   2. If the part is tissue, the gift passes to the appropriate tissue bank.

   3. If the part is an organ, the gift passes to the appropriate organ
   procurement organization as custodian of the organ.

H. An anatomical gift of an organ for transplantation, therapy, research or
education other than an anatomical gift under subdivision A 2, passes to the
organ procurement organization as custodian of the organ.

I. If an anatomical gift does not pass pursuant to subsections A through H or
the decedent&#8217;s body or part is not used for transplantation, therapy,
research, or education, custody of the body or part passes to the surviving
spouse, next of kin or other person under obligation to dispose of the body or
part.

J. A person may not accept an anatomical gift if the person knows that the gift
was not effectively made under &#xA7; 32.1-291.5 or 32.1-291.10 or if the person
knows that the decedent made a refusal under &#xA7; 32.1-291.7 that was not
revoked. For purposes of this subsection, if a person knows that an anatomical
gift was made on a document of gift, the person is deemed to know of any
amendment or revocation of the gift or any refusal to make an anatomical gift on
the same document of gift.

K. Except as otherwise provided in subdivision A 2, nothing in this Act affects
the allocation of organs for transplantation therapy, research or education.

HISTORY: 2007, cc. 92, 907.