§ 30-154.1. Publication of Virginia compacts.

The Code Commission shall annually arrange for the codification and incorporation into the Code of Virginia of all general, special and limited compacts to which the Commonwealth is a party. Within the discretion of the Commission, such incorporation may be through insertion within the existing text and organization of the Code of Virginia or as a freestanding volume.

The Commission shall, on or before July 1 of each year, transmit to the Secretary of the Commonwealth a copy of each new, amended or repealed compact as it was adopted by the Commonwealth in accordance with § 2.2-403 .

(2001, c. 100, § 9-77.11:03.)

Editor's note. - Acts 2001, c. 100 enacted former § 9-77.11:03, from which this section is derived. Pursuant to § 30-152, Acts 2001, c. 100 has been given effect in this section as set out above.

§ 30-171. Virginia Commission on Intergovernmental Cooperation; membership; staff; compensation and expenses; quorum.

1. The Virginia Commission on Intergovernmental Cooperation (the Commission) is established in the legislative branch of state government. The Commission shall consist of the following 14 members: (i) the six members of the Commission on Interstate Cooperation of the Senate, (ii) the six members of the Commission on Interstate Cooperation of the House of Delegates, and (iii) the Clerk of the Senate and the Clerk of the House of Delegates who shall serve as ex officio, nonvoting members of the Commission.
2. The chairman and vice-chairman of the Commission shall serve for a period of two years, and the chairmanship and vice-chairmanship shall alternate between the chairman of the Senate Commission on Interstate Cooperation and the chairman of the House Commission on Interstate Cooperation.
3. The Commission on Intergovernmental Cooperation shall select such officials of state government as it deems proper to serve as ex officio, nonvoting members of the Commission for terms of four years each.
4. The Division of Legislative Services shall furnish upon request such staff assistance and services to the Commission and its committees as may be required to carry forth the charge of the Commission.
5. Members of the Commission shall receive such compensation as provided in § 30-19.12 and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of the members shall be provided from existing appropriations to the Commission.
6. A majority of the members of the Commission shall constitute a quorum. The Commission shall elect a chairman and vice-chairman from among its membership. Meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request.

   (1936, pp. 369, 370; Michie Code 1942, § 311a; 1973, c. 538, §§ 9-55, 9-55.1; 1976, c. 61, § 9-53; 1978, c. 198; 1981, cc. 308, 315; 1983, c. 84; 1999, cc. 850, 879; 2001, c. 844; 2002, c. 365; 2004, c. 1000.)

Cross references. - See Editor's note at § 2.2-100 .

Editor's note. - Acts 1981, c. 308, cl. 2, provides: "That any reference to the Virginia Commission on Interstate Cooperation shall henceforth be taken to mean the Virginia Commission on Intergovernmental Cooperation."

The 2002 amendments. - The 2002 amendment by c. 365, in clause (ii) of subsection A, substituted "members of the Commission" for "members of the House Committee"; and near the end of subsection B, substituted "House Commission" for "House Committee."

The 2004 amendments. - The 2004 amendment by c. 1000, in subsection A, inserted "six" twice and "14"; added subsections E and F; and made minor stylistic changes.

§ 30-172. Powers and duties of Commission.

The Commission shall have the power and duty to:

1. Encourage and arrange conferences with officials of other states and other units of government;
2. Carry forward the participation of Virginia as a member of the Council of State Governments, both regionally and nationally;
3. Formulate proposals for cooperation between Virginia and other states;
4. Establish such committees as it deems advisable to conduct conferences and formulate proposals concerning subjects of interstate cooperation;
5. Monitor and evaluate the Commonwealth's participation in interstate compacts;
6. Review, evaluate, and recommend suggested uniform state legislation;
7. Require, at its discretion, from any appointee representing Virginia on any interstate compact, commission, committee, or board, a report on that organization's work and accomplishments;
8. Review, evaluate, and make recommendations concerning federal policies that are of concern to the Commonwealth;
9. Establish such committees as deemed advisable and designate the members of every such committee. State officials who are not members of the Commission may be appointed as members of any such committee, but at least one member of the Commission shall be a member of every such committee; and
10. Appoint persons drawn from the membership of the Senate, the membership of the House of Delegates, and officials of state and local government to serve on those intergovernmental boards, committees, and commissions as to which the Commonwealth is entitled to such appointment, or is invited to make such appointment; provided that members of the General Assembly shall be appointed as follows:
    1. If an appointment be made from the membership of the Senate, such an appointment shall be made by the Commission on Interstate Cooperation of the Senate and shall be approved by the Senate Committee on Rules; and
    2. If an appointment be made from the membership of the House of Delegates, such appointment shall be made by the Commission on Interstate Cooperation of the House of Delegates and shall be approved by the Speaker of the House of Delegates.

       The Commission may provide such rules as it considers appropriate concerning the membership and the functioning of any committee established.

       (1936, p. 369; Michie Code 1942, § 311a; 1976, c. 61, § 9-53; 1978, c. 198; 1981, c. 308; 1999, c. 850; 2001, c. 844; 2002, c. 365; 2005, c. 758.)

The 2002 amendments. - The 2002 amendment by c. 365 substituted "Commission on Interstate Cooperation" for "Committee on Interstate Cooperation" in subdivision 10 b.

The 2005 amendments. - The 2005 amendment by c. 758 substituted "Senate Committee on Rules" for "Committee on Privileges and Elections of the Senate" in subdivision 10 a.

§ 30-173. Commission of Senate and Commission of House of Delegates on Interstate Cooperation; membership; compensation and expenses; quorum.

1. There is established a Commission on Interstate Cooperation of the Senate in the legislative branch of state government, to consist of six senators as follows: the President pro tempore of the Senate, who shall serve as Chairman of the Commission, and five members appointed by the Senate Committee on Rules.
2. There is established a Commission on Interstate Cooperation of the House of Delegates in the legislative branch of state government, also to consist of six members; and the members shall be appointed and the chairman of the Commission shall be designated from among the membership of the Commission by the Speaker of the House of Delegates in accordance with the principles of proportional representation as contained in the Rules of the House of Delegates.
3. Such bodies of the Senate and of the House of Delegates shall function during the regular sessions of the General Assembly and also during the interim periods between such sessions. Members appointed and designated shall serve terms coincident with their terms of office.
4. Members of the commissions shall receive such compensation as provided in § 30-19.12 and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties pursuant to § 30-171 and this section as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of the members shall be provided from existing appropriations to the Virginia Commission on Intergovernmental Cooperation.
5. A majority of the members shall constitute a quorum on each commission. Meetings of each commission shall be held at the call of the chairman or whenever a majority of the members so request.

   (1936, p. 369; Michie Code 1942, § 311a; 1973, c. 538, § 9-54; 1999, c. 850; 2001, c. 844; 2002, c. 365; 2003, c. 885; 2004, c. 1000.)

The 2002 amendments. - The 2002 amendment by c. 365 substituted "Commission of House" for "committee of House" in the section catchline; in subsection B, substituted "Commission" for "standing Committee" preceding in the "on Interstate Cooperation," substituted "Commission" for "Committee" preceding "shall be designated" and deleted "other" preceding "standing committees."

The 2003 amendments. - The 2003 amendment by c. 885, in subsection A, rewrote the second sentence, which formerly read: "The members and chairman of this Commission shall be designated by the Senate Committee on Privileges and Elections"; in subsection B, inserted "shall be appointed," inserted "the" preceding "chairman," substituted "the Commission" for "this Commission," and substituted "from among the membership of the Commission by the Speaker of the House of Delegates in accordance with the principles of proportional representation as contained in the Rules of the House of Delegates" for "in the same manner as is customary in the case of the members and chairmen of standing committees of the House of Delegates"; substituted the second sentence for "Their members shall serve until their successors are designated" in subsection C; and added subsection D.

The 2004 amendments. - The 2004 amendment by c. 1000 rewrote subsection A; inserted "in the legislative branch of state government" in subsection B; added the last sentence in subsection D; and added subsection E.

§ 30-240. Chesapeake Bay Commission created.

The Chesapeake Bay Commission, hereinafter designated as "Commission," is hereby created as a tristate legislative commission.

(1980, c. 662, § 62.1-69.5 ; 2004, c. 1000.)

The numbers of §§ 30-240 through 30-255 were assigned by the Virginia Code Commission, the numbers in the 2004 act having been 30-226 through 30-240 .

Compact cross references. - As to provisions of other member states, see:

Maryland: Md. NATURAL RESOURCES Code Ann. § 8-301.

Pennsylvania: 32 P.S. § 820.11.

§ 30-241. Members.

The Commission shall consist of 21 members, seven from Virginia, seven from Maryland and seven from Pennsylvania. In each state, five of the members shall be members of the General Assembly. In Virginia, two Senators appointed by the Senate Committee on Rules and three Delegates appointed by the Speaker of the House of Delegates shall serve as members. The Governor of Virginia or his designee shall serve as a member. In addition, the Senate Committee on Rules and the Speaker of the House of Delegates shall jointly appoint one Virginia member who is not a legislator or an employee of the executive branch. In Maryland, two senators designated by the President of the Senate and three delegates designated by the Speaker of the House of Delegates shall serve as members. The Governor of Maryland or his designee shall serve as a member. In addition, the President of the Senate and the Speaker of the House of Delegates shall jointly select one Maryland member who is not a legislator or an employee of the executive branch. In Pennsylvania, two senators designated by the President pro tempore of the Senate and three representatives designated by the Speaker of the House of Representatives shall serve as members. The Governor of Pennsylvania or his designee shall serve as a member. In addition, the President pro tempore of the Senate shall select one Pennsylvania member who is not a legislator or an employee of the executive branch.

(1980, c. 662, § 62.1-69.6; 1985, c. 149; 2004, c. 1000.)

§ 30-242. Terms.

Legislators serving as members of the Commission shall serve terms coterminous with their current terms of office. The nonlegislative members shall serve at the pleasure of their respective appointing authorities for a term of not more than four years. Nonlegislative members may be reappointed at the end of the four-year term.

(1980, c. 662, § 62.1-69.7; 1985, c. 149; 2004, c. 1000.)

§ 30-243. Compensation and expenses; generally.

The Commission members shall serve without compensation from the Commission but may be reimbursed by the Commission for necessary expenses incurred in and incident to the performance of their duties. In addition, Commission members from each state may receive from their respective states, any other compensation to which they may be entitled under the laws of the respective states.

(1980, c. 662, § 62.1-69.8; 1985, c. 149; 2004, c. 1000.)

§ 30-244. Compensation and expenses; Virginia delegation.

The legislative representatives of Virginia to the Commission shall receive such compensation as provided in § 30-19.12 and the nonlegislative citizen representatives of Virginia shall receive such compensation as provided in § 2.2-2813 for their services. All members shall be entitled to reimbursement for all reasonable and necessary expenses incurred in their performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . The funding for the costs of compensation and expenses of the members shall be provided from existing appropriations to the Commission for such purpose.

(2004, c. 1000.)

Editor's note. - Acts 2004, c. 1000, cl. 4, provides: "That the provisions of § 30-229.1 [ § 30-244 ] shall become effective on July 1, 2005."

§ 30-245. Meetings and voting.

Commission meetings shall be held at least once each quarter, and at such other times as the Commission may determine. In order to constitute a quorum for the transaction of any business, at least 11 Commission members, including at least three Commission members from each state, must be present. Approval of proposed action shall require the majority vote of the Commission members present.

(1980, c. 662, § 62.1-69.9; 1985, c. 149; 2004, c. 1000.)

§ 30-246. Organization, internal procedures and delegation of powers; officers and employees as state employees.

1. The Commission members shall serve as the governing body of the Commission, and, except as hereinafter provided, shall exercise and discharge all powers, functions and responsibilities assigned to the Commission. The Commission shall provide for the organization of internal procedures of the Commission and to this end shall adopt suitable bylaws. The Commission shall have a chairman and two vice-chairmen, chosen by the respective delegation, whose offices shall rotate annually among the signatory states and may at no time be held by members from the same signatory. The Commission may maintain one or more offices for the transaction of its business. The Commission may, without regard to the civil service or the laws of any signatory relative to public officers and employees, create and abolish offices, employments and positions as it deems necessary for the purposes of the Commission, affix and provide for the duties, conditions of employment, qualifications, appointment, removal, term, compensation, and other rights and benefits of the Commission's officers and employees, and shall appoint the principal officers of the Commission and allocate among them administrative functions, powers, and duties. The Commission may delegate to the officers and employees of the Commission any powers, functions and responsibilities under this agreement as it deems suitable, except that it may not delegate its power to make recommendations to the respective legislatures, to issue reports or to adopt the annual expense budget.
2. Every full-time officer or employee of the Commission on a salary basis shall be eligible for pension and health and related insurance offered to employees of one of the member states, provided that such officer or employee so elects within 30 days of commencing employment; and provided that the Commission allocates funds in its budget for the employer share of these benefits.

   (1980, c. 662, § 62.1-69.10; 1982, c. 54; 1985, c. 149; 2004, c. 1000.)

§ 30-247. Purposes.

The purposes of the signatories in enacting this Agreement are to assist the legislatures of Virginia, Maryland, and Pennsylvania in evaluating and responding to problems of mutual concern relating to the Chesapeake Bay; to promote intergovernmental cooperation; to encourage cooperative coordinated resource planning and action by the signatories and their agencies; to provide, where appropriate, through recommendation to the respective legislature, uniformity of legislative application; to preserve and enhance the functions, powers and duties of existing offices and agencies of government; and to recommend improvements in the existing management system for the benefit of the present and future inhabitants of the Chesapeake Bay region.

(1980, c. 662, § 62.1-69.11; 1985, c. 149; 2004, c. 1000.)

§ 30-248. Powers.

In pursuit of the purposes and duties set forth in this article, the Commission may exercise the following powers:

1. Collect, compile, analyze, interpret, coordinate, tabulate, summarize, and distribute technical and other data relative to the Chesapeake Bay and its environs. It may conduct or contract for studies, except those for primary scientific research, and may prepare reports on existing or potential problems within the Bay region;
2. Prepare, publish and disseminate information in reports related to the resources of the region;
3. Serve as an advisory board to any requesting agency of the member states on matters of interstate concern;
4. Make application for grants, services or other aids as may be available from public or private sources to finance or assist in effectuating any purposes of this Agreement; and receive and accept the same on such terms and conditions as may be required by the law of the respective signatory states;
5. Purchase administrative supplies and lease sufficient office space if such space is not otherwise made available for its use; and
6. Exercise such other powers as are granted by this Agreement and take such actions as are necessary or appropriate for performing the duties set forth in this Agreement.

   (1980, c. 662, § 62.1-69.12; 1985, c. 149; 2004, c. 1000.)

§ 30-249. Duties.

In carrying out the purposes set forth in this article, the Commission shall have the following duties:

1. Identify specific Bay management concerns requiring intergovernmental coordination and cooperation; and recommend to the federal, state and local governments that are involved in the Chesapeake Bay region legislative and administrative actions necessary to effectuate coordinated and cooperative management for the Bay;
2. Consider, in administering the provisions of this Agreement, the needs of the region for industrial and agricultural development and for gainful employment and maintenance of a high-quality environment;
3. Respect and support the primary role of the respective signatory states and their administrative agencies in managing the resources of the region;
4. Collect, analyze and disseminate information pertaining to the region and its resources for the respective legislative bodies. The Commission shall prepare an annual report indicating the status of environmental and economic Bay issues involving the Chesapeake Bay and the progress of coordinative efforts by the member states;
5. Represent common interests of the signatories as they are affected by the activities of the federal government and shall assist in the monitoring of those activities in the Chesapeake Bay region; and
6. Provide, as may be determined, a forum to serve as an advisory mediator for programmatic conflicts between or among the member states when such action is requested by the conflicting member states.

   (1980, c. 662, § 62.1-69.13; 1985, c. 149; 2004, c. 1000.)

§ 30-250. Annual budget.

The Commission shall annually adopt a budget, which shall include the Commission's estimated expenses for administration and operation. In establishing the annual current expense budget, the Commission shall balance total expenses against the Commission's estimate of revenues from all sources, either previously appropriated by a signatory state or receivable from any person or governmental agency by contract or grant with that person or governmental agency. The chairman of the Commission shall certify to the respective signatories, and submit to persons in other governmental agencies, statements of the amounts requested from them in accordance with existing cost-sharing established by this Agreement or by the parties. The chairman of the Commission shall transmit certified copies of such budgets to the principal budget officer of the respective signatory parties at such time and in such manner as may be required under their respective budgetary procedures.

(1980, c. 662, § 62.1-69.14; 2004, c. 1000.)

§ 30-251. Apportionment of cost.

The amount required for the Commission's current expense budget shall be apportioned equally among the signatory parties unless a different apportionment is agreed to by unanimous vote of the Commission.

(1980, c. 662, § 62.1-69.15; 2004, c. 1000.)

§ 30-252. Modification.

This Agreement shall not be amended or modified except with the concurrence of the legislatures of the Commonwealth of Virginia, the state of Maryland, and the Commonwealth of Pennsylvania. Amendments shall not become effective until adopted in the same manner as the original Agreement.

(1980, c. 662, § 62.1-69.17; 2004, c. 1000.)

§ 30-253. Term.

The duration of this Agreement among the Commonwealth of Virginia, the state of Maryland, and the Commonwealth of Pennsylvania shall be for an initial period of 10 years from its effective date, and it shall be continued for additional periods of 10 years unless one or more of the signatory states, by authority of an act of its legislature, notifies the Commission of intention to terminate the Agreement at the end of the current 10-year term. However, any signatory, by act of its legislature, can withdraw from the Agreement at the end of any calendar year or fiscal year.

(1980, c. 662, § 62.1-69.18; 1985, c. 149; 2004, c. 1000.)

§ 30-254. Dissolution.

In the event that this Agreement shall be terminated by operation of § 30-253 , the Commission shall be dissolved, its assets and liabilities transferred, and its corporate affairs wound up in accordance with the unanimous agreement of its signatories, or failing unanimous agreement, in such manner that the assets and liabilities of the Commission shall be shared by the respective states.

(1980, c. 662, § 62.1-69.19; 1981, c. 127; 2004, c. 1000.)

§ 30-255. Governor to execute agreement.

The Governor of the Commonwealth of Virginia is authorized and directed to: (i) execute and deliver, on behalf of the Commonwealth, all agreements and modifications of agreements that relate to the Chesapeake Bay Commission; and (ii) take those actions that may be necessary to effectuate the Agreement.

(1980, c. 662, § 62.1-69.20; 1985, c. 149; 2004, c. 1000.)

§ 32.1-291.1. Revised Uniform Anatomical Gift Act; short title.

This Act consists of §§ 32.1-291.1 through 32.1-291.25 and may be cited as the Revised Uniform Anatomical Gift Act.

(2007, cc. 92, 907.)

Cross references. - As to submission of documents to Advance Health Care Directive Registry, see § 54.1-2995 .

Uniform law cross references. - For other signatory state provisions, see:

Alabama: Code of Ala. § 22-19-160 et seq.

Alaska: Alaska Stat. § 13.52.010 et seq.

Arizona: A.R.S. § 36-841 et seq.

Arkansas: A.C.A. § 20-17-1201 et seq.

California: Cal. H & S Code § 7150 et seq.

Colorado: C.R.S. 12-34-101 et seq.

Georgia: O.C.G.A. § 44-5-140 et seq.

Hawaii: HRS § 327-1 et seq.

Idaho: Idaho Code § 39-3401 et seq.

Indiana: Burns Ind. Code Ann. § 29-2-16.1-1 et seq.

Iowa: Iowa Code § 142C.1 et seq.

Kansas: K.S.A. § 65-3220 et seq.

Maine: 22 M.R.S. § 2941 et seq.

Michigan: MCLS § 333.10101 et seq.

Minnesota: Minn. Stat. § 525A.01 et seq.

Mississippi: Miss. Code Ann. § 41-39-101 et seq.

Missouri: § 194.210 et seq. R.S. Mo.

Montana: Mont. Code Anno., § 72-17-101 et seq.

Nevada: Nev. Rev. Stat. Ann. § 451.500 et seq.

New Jersey: N.J. Stat. § 26:6-77 et seq.

New Mexico: N.M. Stat. Ann. § 24-6B-1 et seq.

North Carolina: N.C. Gen. Stat. § 130A-412.4 et seq.

North Dakota: N.D. Cent. Code § 23-06.6-19 et seq.

Ohio: Pages's ORC Ann.. § 2108.01.

Oklahoma: 63 Okl. St. § 2200.1 et seq.

Oregon: O.R.S. § 97-951 et seq.

Rhode Island: R.I. Gen. Laws § 23-18.6.1-1 et seq.

South Dakota: S.D. Codified Laws, § 34-26-48 et seq.

Tennessee: Tenn. Code Ann. § 68-30-101 et seq.

Texas: Texas Health & Safety Code § 692A.001 et seq.

Utah: Utah Code Ann. § 26-28-101 et seq.

Washington: Rev. Code Wash. § 68.64.900 et seq.

Wyoming: Wyo. Stat. § 35-5-201 et seq.

Law review. - For 2007 annual survey article, "Health Care Law," see 42 U. Rich. L. Rev. 441 (2007).

§ 32.1-291.2. Definitions.

As used in this Act, unless the context requires otherwise:

"Adult" means an individual who is at least 18 years of age.

"Agent" means an individual:

1. Authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or
2. Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this Act, a fetus. "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to whom an anatomical gift could pass under § 32.1-291.11 . "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry. "Donor" means an individual whose body or part is the subject of an anatomical gift. "Donor registry" means a database that contains records of anatomical gifts. "Driver's license" means a license or permit issued by the Virginia Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit. "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes and that is a member of the Virginia Transplant Council, accredited by the Eye Bank Association of America or the American Association of Tissue Banks and operating in the Commonwealth of Virginia. "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem, except when the guardian ad litem is authorized by a court to consent to donation. "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. "Identification card" means an identification card issued by the Virginia Department of Motor Vehicles. "Know" means to have actual knowledge. "Minor" means an individual who is under 18 years of age. "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization that is also a member of the Virginia Transplant Council. "Parent" means a parent whose parental rights have not been terminated. "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.

   "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

   "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.

   "Procurement organization" means an eye bank, organ procurement organization, or tissue bank that is a member of the Virginia Transplant Council.

   "Prospective donor" means an individual who is dead or whose death is imminent and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.

   "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

   "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

   "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

   "Refusal" means a record created under § 32.1-291.7 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

   "Sign" means, with the present intent to authenticate or adopt a record:

   1. To execute or adopt a tangible symbol; or

   2. To attach to or logically associate with the record an electronic symbol, sound, or process.

   "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

   "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.

   "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

   "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue and that is a member of the Virginia Transplant Council, accredited by the American Association of Tissue Banks, and operating in the Commonwealth of Virginia.

   "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

   (2007, cc. 92, 907.)

Law review. - For 2007 annual survey article, "Health Care Law," see 42 U. Rich. L. Rev. 441 (2007).

§ 32.1-291.3. Applicability of Act.

This Act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

(2007, cc. 92, 907.)

§ 32.1-291.4. Who may make anatomical gift before donor's death.

Subject to § 32.1-291.8 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 32.1-291.5 by:

1. The donor, if the donor is an adult or if the donor is a minor and is:
   1. Emancipated; or
   2. Authorized under state law to apply for a driver's license because the donor is at least 15 years and six months of age;
2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
3. A parent of the donor, if the donor is an unemancipated minor; or
4. The donor's guardian.

   (2007, cc. 92, 907.)

Law review. - For 2007 annual survey article, "Health Care Law," see 42 U. Rich. L. Rev. 441 (2007).

§ 32.1-291.5. Manner of making anatomical gift before donor's death.

1. A donor may make an anatomical gift:
   1. By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
   2. In a will;
   3. During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults; or
   4. As provided in subsection B.
2. A donor or other person authorized to make an anatomical gift under § 32.1-291.4 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
   1. Be witnessed by at least two adults, who have signed at the request of the donor or the other person; and
   2. State that it has been signed and witnessed as provided in subdivision 1.
3. Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
4. An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.

   (2007, cc. 92, 907.)

§ 32.1-291.6. Amending or revoking anatomical gift before donor's death.

1. Subject to § 32.1-291.8 , a donor or other person authorized to make an anatomical gift under § 32.1-291.4 may amend or revoke an anatomical gift by:
   1. A record signed by:
      1. The donor;
      2. The other person; or
      3. Subject to subsection B, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
   2. Later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
2. A record signed pursuant to subdivision A 1 c shall:
   1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
   2. State that it has been signed and witnessed as provided in subdivision 1.
3. Subject to § 32.1-291.8 , a donor or other person authorized to make an anatomical gift under § 32.1-291.4 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
4. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
5. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection A.

   (2007, cc. 92, 907.)

§ 32.1-291.7. Refusal to make anatomical gift; effect of refusal.

1. An individual may refuse to make an anatomical gift of the individual's body or part by:
   1. A record signed by:
      1. The individual; or
      2. Subject to subsection B, another individual acting at the direction of the individual if the individual is physically unable to sign;
   2. The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
   3. Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
2. A record signed pursuant to subdivision A 1 b shall:
   1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
   2. State that it has been signed and witnessed as provided in subdivision 1.
3. An individual who has made a refusal may amend or revoke the refusal:
   1. In the manner provided in subsection A for making a refusal;
   2. By subsequently making an anatomical gift pursuant to § 32.1-291.5 that is inconsistent with the refusal; or
   3. By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
4. Except as otherwise provided in subsection H of § 32.1-291.8 , in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part. (2007, cc. 92, 907.)

§ 32.1-291.8. Preclusive effect of anatomical gift, amendment, or revocation.

1. Except as otherwise provided in subsection G and subject to subsection F, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 32.1-291.5 or an amendment to an anatomical gift of the donor's body or part under § 32.1-291.6 .
2. A donor's revocation of an anatomical gift of the donor's body or part under § 32.1-291.6 is not a refusal and does not bar another person specified in § 32.1-291.4 or 32.1-291.9 from making an anatomical gift of the donor's body or part under § 32.1-291.5 or 32.1-291.10 .
3. If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under § 32.1-291.5 or an amendment to an anatomical gift of the donor's body or part under § 32.1-291.6 , another person may not make, amend, or revoke the gift of the donor's body or part under § 32.1-291.10 .
4. A revocation of an anatomical gift of a donor's body or part under § 32.1-291.6 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 32.1-291.5 or 32.1-291.10 .
5. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 32.1-291.4 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
6. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 32.1-291.4 , an anatomical gift of a part for one or more of the purposes set forth in § 32.1-291.4 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 32.1-291.5 or 32.1-291.10 .
7. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
8. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

   (2007, cc. 92, 907.)

§ 32.1-291.9. Who may make anatomical gift of decedent's body or part.

1. Subject to subsections B and C and unless barred by § 32.1-291.7 or 32.1-291.8 , an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
   1. An agent of the decedent at the time of death who could have made an anatomical gift under subdivision 2 of § 32.1-291.4 immediately before the decedent's death;
   2. The persons who were acting as the guardians of the person of the decedent at the time of death;
   3. The spouse of the decedent;
   4. Adult children of the decedent;
   5. Parents of the decedent;
   6. Adult siblings of the decedent;
   7. Adult grandchildren of the decedent;
   8. Grandparents of the decedent;
   9. An adult who exhibited special care and concern for the decedent; and
   10. Any other person having the authority to dispose of the decedent's body.
2. If there is more than one member of a class listed in subdivisions A 1, A 2, A 4, A 5, A 6, A 7, or A 8 entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under § 32.1-291.11 knows of an objection by another member of the class. If an objection is known, the gift may be made only by those members who constitute at least 50 percent of the class who are reasonably available.
3. A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection A is reasonably available to make or to object to the making of an anatomical gift.

   (2007, cc. 92, 907.)

§ 32.1-291.10. Manner of making, amending, or revoking anatomical gift of decedent's body or part.

1. A person authorized to make an anatomical gift under § 32.1-291.9 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
2. Subject to subsection C, an anatomical gift by a person authorized under § 32.1-291.9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under § 32.1-291.9 may be:
   1. Amended only if a majority of the reasonably available members agree to the amending of the gift; or
   2. Revoked only if a majority of the reasonably available members agree to the revoking of the gift.
3. A revocation under subsection B is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

   (2007, cc. 92, 907.)

§ 32.1-291.11. Persons that may receive anatomical gift; purpose of anatomical gift.

1. An anatomical gift may be made to the following persons named in the document of gift:
   1. A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person authorized by the Virginia Transplant Council, for research or education;
   2. Subject to subsection B, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or
   3. An eye bank or tissue bank.
2. If an anatomical gift to an individual under subdivision A 2 cannot be transplanted into the individual, the part passes in accordance with subsection G in the absence of an express, contrary indication by the person making the anatomical gift.
3. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection A but identifies the purpose for which an anatomical gift may be used, the following rules apply:
   1. If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
   2. If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
   3. If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
   4. If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
4. For the purpose of subsection C, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
5. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection A and does not identify the purpose of the gift, the gift may be used for transplantation, therapy, research and education, and the gift passes in accordance with subsection G. The gift shall be used first for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
6. If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor," "organ donor," or "body donor," or by a symbol or statement of similar import, the gift may be used for transplantation, therapy, research and education and the gift passes in accordance with subsection G. The gift shall be used first for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
7. 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 organ procurement organization as custodian of the organ.
8. An anatomical gift of an organ for transplantation, therapy, research or education other than an anatomical gift under subdivision A 2, passes to the organ procurement organization as custodian of the organ.
9. If an anatomical gift does not pass pursuant to subsections A through H or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the surviving spouse, next of kin or other person under obligation to dispose of the body or part.
10. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under § 32.1-291.5 or 32.1-291.10 or if the person knows that the decedent made a refusal under § 32.1-291.7 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
11. Except as otherwise provided in subdivision A 2, nothing in this Act affects the allocation of organs for transplantation therapy, research or education.

    (2007, cc. 92, 907.)

§ 32.1-291.12. Search and notification.

1. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or whose death is imminent for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
   1. A law-enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
   2. If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
2. If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision A 1 and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
3. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.

   (2007, cc. 92, 907.)

§ 32.1-291.13. Delivery of document of gift not required; right to examine.

1. A document of gift need not be delivered during the donor's lifetime to be effective.
2. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under § 32.1-291.11 . (2007, cc. 92, 907.)

§ 32.1-291.14. Rights and duties of procurement organization and others.

1. 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.
2. 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.
3. 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.
4. Unless prohibited by law other than this Act, at any time after a donor's death, the person to which a part passes under § 32.1-291.11 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
5. 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.
6. 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.
7. Upon referral by a hospital under subsection A, a procurement organization shall make a reasonable search for any person listed in § 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.
8. Subject to subsection I of § 32.1-291.11 and § 32.1-291.23 , the rights of the person to which a part passes under § 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 § 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.
9. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
10. 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, "qualified" 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.

       (2007, cc. 92, 907.)

§ 32.1-291.15. Coordination of procurement and use.

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

(2007, cc. 92, 907.)

§ 32.1-291.16. Sale or purchase of parts prohibited; penalty.

1. With the exception of hair, ova, blood, and other self-replicating body fluids, it shall be unlawful for any person to sell, to offer to sell, to buy, to offer to buy, or to procure through purchase any natural body part for any reason including, but not limited to, medical and scientific uses such as transplantation, implantation, infusion, or injection. Any person engaging in any of these prohibited activities shall be guilty of a Class 4 felony.
2. Nothing in this section shall prohibit the reimbursement of reasonable expenses associated with the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

   (2007, cc. 92, 907.)

Cross references. - As to punishment for Class 4 felonies, see § 18.2-10 .

§ 32.1-291.17. Falsification, etc. of document of gift; penalty.

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal is guilty of a Class 4 felony.

(2007, cc. 92, 907.)

Cross references. - As to punishment for Class 4 felonies, see § 18.2-10 .

§ 32.1-291.18. Immunity.

1. A person that acts in accordance with this Act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
2. Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
3. In determining whether an anatomical gift has been made, amended, or revoked under this Act, a person may rely upon representations of an individual listed in subdivisions A 3, A 4, A 5, A 6, A 7, A 8, or A 9 of § 32.1-291.9 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue. (2007, cc. 92, 907.)

§ 32.1-291.19. Law governing validity; choice of law as to execution of document of gift; presumption of validity.

1. A document of gift is valid if executed in accordance with:
   1. This Act;
   2. The laws of the state or country where it was executed; or
   3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
2. If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

   (2007, cc. 92, 907.)

§ 32.1-291.20. Donor registry.

For the purposes of this Act, the donor registry is the Virginia Donor Registry established under § 32.1-292.2 .

(2007, cc. 92, 907.)

§ 32.1-291.21. Effect of anatomical gift on advance health-care directive.

1. In this section: "Advance health-care directive" means an advance directive executed by a prospective donor as provided in the Health Care Decisions Act (§ 54.1-2981 et seq.). "Declaration" 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. "Health care decision" means any decision regarding the health care of the prospective donor.
2. 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'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'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 § 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. (2007, cc. 92, 907; 2008, c. 82.)

The 2008 amendments. - The 2008 amendment by c. 82 added the paragraphs defining "Declaration" and "Health care decision" in subsection A, and rewrote subsection B.

§ 32.1-291.22. Cooperation between medical examiner and procurement organization.

1. A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
2. If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with § 32.1-291.23 , the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
3. A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner.

   (2007, cc. 92, 907.)

§ 32.1-291.23. Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.

1. Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the medical examiner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only if relevant to transplantation, therapy, research or education.
2. The medical examiner may conduct a medicolegal investigation by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the medical examiner that the medical examiner determines may be relevant to the investigation.
3. A person that has any information requested by a medical examiner pursuant to subsection B shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.
4. If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is not required, or the medical examiner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the medical examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.
5. The medical examiner and procurement organizations shall enter into an agreement setting forth protocols and procedures to govern relations between the parties when an anatomical gift of a part from a decedent under the jurisdiction of the medical examiner has been or might be made, but the medical examiner believes that the recovery of the part could interfere with the postmortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of organs, tissue and eyes from such a decedent shall be made in accordance with the agreement. In the event that the medical examiner denies recovery of an anatomical gift, the procurement organization may request the Chief Medical Examiner to reconsider the denial and to permit the recovery to proceed. The parties shall evaluate the effectiveness of the protocols and procedures at regular intervals but no less frequently than every two years.
6. If the medical examiner or designee allows recovery of a part under subsection D or E, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination.
7. If a medical examiner or designee is required to be present at a removal procedure under subsection E, upon request the procurement organization requesting the recovery of the part shall reimburse the medical examiner or designee for the additional costs incurred in complying with subsection E.

   (2007, cc. 92, 907.)

§ 32.1-291.24. Uniformity of application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(2007, cc. 92, 907.)

§ 32.1-291.25. Relation to Electronic Signatures in Global and National Commerce Act.

This Act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(a) of that act, 15 U.S.C. § 7001, or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).

(2007, cc. 92, 907.)