                                 CODE OF VIRGINIA

RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS (§ 32.1-291.14)

A. 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.

B. 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.

C. 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part may not be withdrawn unless the hospital or procurement organization knows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.

D. Unless prohibited by law other than this Act, at any time after a
donor&#8217;s death, the person to which a part passes under &#xA7; 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. 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.

F. 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.

G. Upon referral by a hospital under subsection A, a procurement organization
shall make a reasonable search for any person listed in &#xA7; 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. Subject to subsection I of &#xA7; 32.1-291.11 and &#xA7; 32.1-291.23, the
rights of the person to which a part passes under &#xA7; 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 &#xA7; 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. Neither the physician who attends the decedent at death nor the physician who
determines the time of the decedent&#8217;s death may participate in the
procedures for removing or transplanting a part from the decedent.

J. 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, &#8220;qualified&#8221; means:

   1. If the part is an organ, a physician or technician who is authorized by the
   appropriate organ procurement organization;

   2. 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

   3. If the part is tissue, any physician or technician who is approved by
   LifeNet as qualified to perform the act of tissue recovery.
   				An 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.

HISTORY: 2007, cc. 92, 907.