§ 32.1-291.11. Persons that may receive anatomical gift; purpose ofanatomical gift.
A. An anatomical gift may be made to the following persons named in thedocument of gift:
1. A hospital; accredited medical school, dental school, college, oruniversity; organ procurement organization; or other appropriate personauthorized by the Virginia Transplant Council, for research or education;
2. Subject to subsection B, an individual designated by the person making theanatomical 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 betransplanted into the individual, the part passes in accordance withsubsection G in the absence of an express, contrary indication by the personmaking the anatomical gift.
C. If an anatomical gift of one or more specific parts or of all parts ismade in a document of gift that does not name a person described insubsection A but identifies the purpose for which an anatomical gift may beused, the following rules apply:
1. If the part is an eye and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate eye bank.
2. If the part is tissue and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate tissue bank.
3. If the part is an organ and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate organ procurement organizationas custodian of the organ.
4. If the part is an organ, an eye, or tissue and the gift is for the purposeof research or education, the gift passes to the appropriate procurementorganization.
D. For the purpose of subsection C, if there is more than one purpose of ananatomical gift set forth in the document of gift but the purposes are notset forth in any priority, the gift shall be used for transplantation ortherapy, if suitable. If the gift cannot be used for transplantation ortherapy, the gift may be used for research or education.
E. If an anatomical gift of one or more specific parts is made in a documentof gift that does not name a person described in subsection A and does notidentify the purpose of the gift, the gift may be used for transplantation,therapy, research and education, and the gift passes in accordance withsubsection G. The gift shall be used first for transplantation or therapy, ifsuitable. If the gift cannot be used for transplantation or therapy, the giftmay be used for research or education.
F. If a document of gift specifies only a general intent to make ananatomical gift by words such as "donor," "organ donor," or "bodydonor," or by a symbol or statement of similar import, the gift may be usedfor transplantation, therapy, research and education and the gift passes inaccordance with subsection G. The gift shall be used first fortransplantation or therapy, if suitable. If the gift cannot be used fortransplantation 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 organprocurement organization as custodian of the organ.
H. An anatomical gift of an organ for transplantation, therapy, research oreducation other than an anatomical gift under subdivision A 2, passes to theorgan procurement organization as custodian of the organ.
I. If an anatomical gift does not pass pursuant to subsections A through H orthe decedent's body or part is not used for transplantation, therapy,research, or education, custody of the body or part passes to the survivingspouse, next of kin or other person under obligation to dispose of the bodyor part.
J. A person may not accept an anatomical gift if the person knows that thegift was not effectively made under § 32.1-291.5 or 32.1-291.10 or if theperson knows that the decedent made a refusal under § 32.1-291.7 that was notrevoked. For purposes of this subsection, if a person knows that ananatomical gift was made on a document of gift, the person is deemed to knowof any amendment or revocation of the gift or any refusal to make ananatomical gift on the same document of gift.
K. Except as otherwise provided in subdivision A 2, nothing in this Actaffects the allocation of organs for transplantation therapy, research oreducation.
§ 32.1-291.11. Persons that may receive anatomical gift; purpose ofanatomical gift.
A. An anatomical gift may be made to the following persons named in thedocument of gift:
1. A hospital; accredited medical school, dental school, college, oruniversity; organ procurement organization; or other appropriate personauthorized by the Virginia Transplant Council, for research or education;
2. Subject to subsection B, an individual designated by the person making theanatomical 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 betransplanted into the individual, the part passes in accordance withsubsection G in the absence of an express, contrary indication by the personmaking the anatomical gift.
C. If an anatomical gift of one or more specific parts or of all parts ismade in a document of gift that does not name a person described insubsection A but identifies the purpose for which an anatomical gift may beused, the following rules apply:
1. If the part is an eye and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate eye bank.
2. If the part is tissue and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate tissue bank.
3. If the part is an organ and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate organ procurement organizationas custodian of the organ.
4. If the part is an organ, an eye, or tissue and the gift is for the purposeof research or education, the gift passes to the appropriate procurementorganization.
D. For the purpose of subsection C, if there is more than one purpose of ananatomical gift set forth in the document of gift but the purposes are notset forth in any priority, the gift shall be used for transplantation ortherapy, if suitable. If the gift cannot be used for transplantation ortherapy, the gift may be used for research or education.
E. If an anatomical gift of one or more specific parts is made in a documentof gift that does not name a person described in subsection A and does notidentify the purpose of the gift, the gift may be used for transplantation,therapy, research and education, and the gift passes in accordance withsubsection G. The gift shall be used first for transplantation or therapy, ifsuitable. If the gift cannot be used for transplantation or therapy, the giftmay be used for research or education.
F. If a document of gift specifies only a general intent to make ananatomical gift by words such as "donor," "organ donor," or "bodydonor," or by a symbol or statement of similar import, the gift may be usedfor transplantation, therapy, research and education and the gift passes inaccordance with subsection G. The gift shall be used first fortransplantation or therapy, if suitable. If the gift cannot be used fortransplantation 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 organprocurement organization as custodian of the organ.
H. An anatomical gift of an organ for transplantation, therapy, research oreducation other than an anatomical gift under subdivision A 2, passes to theorgan procurement organization as custodian of the organ.
I. If an anatomical gift does not pass pursuant to subsections A through H orthe decedent's body or part is not used for transplantation, therapy,research, or education, custody of the body or part passes to the survivingspouse, next of kin or other person under obligation to dispose of the bodyor part.
J. A person may not accept an anatomical gift if the person knows that thegift was not effectively made under § 32.1-291.5 or 32.1-291.10 or if theperson knows that the decedent made a refusal under § 32.1-291.7 that was notrevoked. For purposes of this subsection, if a person knows that ananatomical gift was made on a document of gift, the person is deemed to knowof any amendment or revocation of the gift or any refusal to make ananatomical gift on the same document of gift.
K. Except as otherwise provided in subdivision A 2, nothing in this Actaffects the allocation of organs for transplantation therapy, research oreducation.
§ 32.1-291.11. Persons that may receive anatomical gift; purpose ofanatomical gift.
A. An anatomical gift may be made to the following persons named in thedocument of gift:
1. A hospital; accredited medical school, dental school, college, oruniversity; organ procurement organization; or other appropriate personauthorized by the Virginia Transplant Council, for research or education;
2. Subject to subsection B, an individual designated by the person making theanatomical 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 betransplanted into the individual, the part passes in accordance withsubsection G in the absence of an express, contrary indication by the personmaking the anatomical gift.
C. If an anatomical gift of one or more specific parts or of all parts ismade in a document of gift that does not name a person described insubsection A but identifies the purpose for which an anatomical gift may beused, the following rules apply:
1. If the part is an eye and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate eye bank.
2. If the part is tissue and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate tissue bank.
3. If the part is an organ and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate organ procurement organizationas custodian of the organ.
4. If the part is an organ, an eye, or tissue and the gift is for the purposeof research or education, the gift passes to the appropriate procurementorganization.
D. For the purpose of subsection C, if there is more than one purpose of ananatomical gift set forth in the document of gift but the purposes are notset forth in any priority, the gift shall be used for transplantation ortherapy, if suitable. If the gift cannot be used for transplantation ortherapy, the gift may be used for research or education.
E. If an anatomical gift of one or more specific parts is made in a documentof gift that does not name a person described in subsection A and does notidentify the purpose of the gift, the gift may be used for transplantation,therapy, research and education, and the gift passes in accordance withsubsection G. The gift shall be used first for transplantation or therapy, ifsuitable. If the gift cannot be used for transplantation or therapy, the giftmay be used for research or education.
F. If a document of gift specifies only a general intent to make ananatomical gift by words such as "donor," "organ donor," or "bodydonor," or by a symbol or statement of similar import, the gift may be usedfor transplantation, therapy, research and education and the gift passes inaccordance with subsection G. The gift shall be used first fortransplantation or therapy, if suitable. If the gift cannot be used fortransplantation 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 organprocurement organization as custodian of the organ.
H. An anatomical gift of an organ for transplantation, therapy, research oreducation other than an anatomical gift under subdivision A 2, passes to theorgan procurement organization as custodian of the organ.
I. If an anatomical gift does not pass pursuant to subsections A through H orthe decedent's body or part is not used for transplantation, therapy,research, or education, custody of the body or part passes to the survivingspouse, next of kin or other person under obligation to dispose of the bodyor part.
J. A person may not accept an anatomical gift if the person knows that thegift was not effectively made under § 32.1-291.5 or 32.1-291.10 or if theperson knows that the decedent made a refusal under § 32.1-291.7 that was notrevoked. For purposes of this subsection, if a person knows that ananatomical gift was made on a document of gift, the person is deemed to knowof any amendment or revocation of the gift or any refusal to make ananatomical gift on the same document of gift.
K. Except as otherwise provided in subdivision A 2, nothing in this Actaffects the allocation of organs for transplantation therapy, research oreducation.
