                                 CODE OF VIRGINIA

EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH-CARE DIRECTIVE (§ 32.1-291.21)

A. In this section:
			&#8220;Advance health-care directive&#8221; means an advance directive
executed by a prospective donor as provided in the Health Care Decisions Act
(&#xA7; 54.1-2981 et seq.).
			&#8220;Declaration&#8221; 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or withdrawn from the prospective donor.
			&#8220;Health care decision&#8221; means any decision regarding the health
care of the prospective donor.

B. 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&#8217;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&#8217;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 &#xA7; 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of an organ for transplantation or therapy may not be withheld or withdrawn from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.

HISTORY: 2007, cc. 92, 907; 2008, c. 82.