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Introduced Version Senate Bill 679 History

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Senate Bill No. 679

(By Senator White)

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[Introduced March 21, 2005; referred to the Committee

on Health and Human Resources.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-23-2, relating to requiring acquired immunodeficiency syndrome test for donors of certain corneas, semen, bones, organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body; prohibiting the intentional, knowing, reckless or negligent use of the corneas, semen, bones, organs or other human tissue of a donor unless the test is performed; prohibiting the use of such material if the donor has tested positive for exposure to human immunodeficiency virus; allowing a solid organ transplant of an organ from a human immunodeficiency virus infected donor to a person who has tested positive for exposure to human immunodeficiency virus and who is in immediate threat of death unless the transplant is performed; providing definitions; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-23-2, to read as follows:
ARTICLE 23. TRANSFUSION OF BLOOD; TRANSPLANTING HUMAN ORGANS OR TISSUE.

§16-23-2. Acquired immunodeficiency syndrome test for organ donors; definitions; penalties.

(a) (1) Except as otherwise provided in subsection (c) of this section no person may intentionally, knowingly, recklessly or negligently use the semen, corneas, bones, organs or other human tissue of a donor unless the requirements of subsection (b) have been met.
(2) Except as otherwise provided in subsection (c), no person may intentionally, knowingly, recklessly, or negligently use the semen, corneas, bones, organs, or other human tissue of a donor who has tested positive for exposure to human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
(b) All donors of semen for purposes of artificial insemination, or donors of corneas, bones, organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body, shall be tested for evidence of exposure to human immunodeficiency virus and any other identified causative agent of acquired immunodeficiency syndrome at the time of or after the donation but prior to the semen, corneas, bones, organs or other human tissue being made available for that use. When in the opinion of the attending physician the life of a recipient of a bone, organ or other human tissue donation would be jeopardized by delays caused by testing for evidence of exposure to human immunodeficiency virus and any other causative agent of acquired immunodeficiency syndrome, testing is not required.
(c) It is not a violation of this section for a person to perform a solid organ transplant of an organ from an human immunodeficiency virus infected donor to a person who has tested positive for exposure to human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome and who is in immediate threat of death unless the transplant is performed. A tissue bank that provides an organ from a human immunodeficiency virus infected donor under this subsection is not criminally or civilly liable for the furnishing of that organ under this subsection.
(d) For the purposes of this section:
(1) "Human tissue" does not include whole blood or its component parts.
(2) "Tissue bank" means any facility or program that is involved in procuring, furnishing, donating, processing or distributing corneas, bones, organs or other human tissue for the purpose of injecting, transfusing, or transplanting any of them in the human body.
(3) "Solid organ transplant" means the surgical transplantation of internal organs including, but not limited to, the liver, kidney, pancreas, lungs or heart. "Solid organ transplant" does not mean a bone marrow based transplant or a blood transfusion.
(4) "Human immunodeficiency virus infected donor" means a deceased donor who was infected with human immunodeficiency virus or a living donor known to be infected with human immunodeficiency virus and who is willing to donate a part or all of one or more of his or her organs. A determination of the donor's human immunodeficiency virus infection is made by the donor's medical history or by specific tests that document human immunodeficiency virus infection, such as human immunodeficiency virus RNA or DNA, or by antibodies to human immunodeficiency virus.
(e) A person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than five thousand dollars or imprisoned in a state correctional facility for a period of not less than one year nor more than two years, or both fined and imprisoned.




NOTE: The purpose of this bill is to require
donors of semen for purposes of artificial insemination, or donors of corneas, bones, organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body, to be tested for evidence of exposure to human immunodeficiency virus before the material is made available for that use. It prohibits the intentional, knowing, reckless or negligent use the semen, corneas, bones, organs or other human tissue of a donor unless the test is performed and prohibits the use of the material if the donor has tested positive for exposure to human immunodeficiency virus. It does, however, allow a solid organ transplant of an organ from a human immunodeficiency virus infected donor to a person who has tested positive for exposure to human immunodeficiency virus and who is in immediate threat of death unless the transplant is performed.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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