H. B. 4370
(By Delegates Compton, Fleischauer,
Susman, C. White and Boggs)
[Introduced February 4, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article nineteen, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the revocation of
an anatomical gift by persons other than the donor.
Be it enacted by the Legislature of West Virginia:
That section two, article nineteen, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 19. ANATOMICAL GIFT ACT.
§16-19-2. Making, amending, revoking, and refusing to make
anatomical gifts by individual.
(a) An individual who is at least eighteen years of age may:
(1) Make an anatomical gift for any of the purposes stated in subsection (a), section six of this article;
(2) Limit an anatomical gift to one or more of those purposes;
or
(3) Refuse to make an anatomical gift.
(b) An anatomical gift may be made only by a document of gift
signed by the donor. If the donor is unable to sign a document of
gift and intends to make an anatomical gift, the document of gift
must be signed by another individual and by two witnesses, all of
whom have signed at the direction and in the presence of the donor
and of each other, and state that it has been so signed.
(c) If a document of gift is attached to a donor's motor
vehicle operator's or chauffeur's license, the document of gift
must comply with subsection (b) of this section. If a donor's
intent to make an anatomical gift is imprinted on the donor's motor
vehicle operator's or chauffeur's license, it is a valid indication
of the donor's intent to make an anatomical gift. Revocation,
suspension, expiration, or cancellation of the license does not
invalidate the anatomical gift.
(d) A document of gift may designate a particular physician or
surgeon to carry out the appropriate procedures. In the absence of
a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or
authorize any physician, surgeon or technician to carry out the
appropriate procedures.
(e) An anatomical gift by will takes effect upon certification
of death of the testator, whether or not the will is probated. If,
after certification of death, the will is declared invalid for
testamentary purposes, the validity of the anatomical gift is
unaffected.
(f) A donor may amend or revoke an anatomical gift, not made
by will, only by:
(1) A signed statement;
(2) An oral statement made in the presence of two individuals;
(3) Any form of communication during a terminal illness or
injury addressed to a physician, surgeon or physician assistant; or
(4) The delivery of a signed statement to a specified donee to
whom a document of gift had been delivered.
(g) The donor of an anatomical gift made by will may amend or
revoke the gift in the manner provided for amendment or revocation
of wills, or as provided in subsection (f) of this section.
(h) An anatomical gift that is not revoked by the donor before
death is irrevocable and does not require the consent or concurrence of any person after the donor's death. An anatomical
gift may not be revoked by the donor's next-of-kin or other persons
identified in subsection (a), section three of this article, nor
shall the consent of any of these persons, at the time of the
donor's death or immediately thereafter, be necessary to render the
gift valid and effective.
(i) An individual may refuse to make an anatomical gift of the
individual's body or part by:
(1) A writing signed in the same manner as a document of gift;
(2) Any other writing used to identify the individual as
refusing to make an anatomical gift; or
(3) If the individual is suffering from a terminal illness or
injury, the refusal may be an oral statement or other form of
communication.
(j) In the absence of contrary indications by the donor, an
anatomical gift of a part is neither a refusal to give other parts
nor a limitation on an anatomical gift under section three of this
article or on a removal or release of other parts under section
four of this article.
(k) In the absence of contrary indications by the donor, a
revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to
be a refusal to make an anatomical gift, the donor shall make the
refusal pursuant to subsection (i) of this section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.