This bill amends the Code of West Virginia to establish regulations surrounding living anatomical gifts, which are defined as donations of human body parts made prior to the donor's death for transplantation or therapy purposes. The bill introduces the term "living anatomical gift" and specifies that such gifts can only be made by adult donors or emancipated minors aged 16 or older. It clarifies that parents, guardians, or agents cannot make living anatomical gifts on behalf of another individual. Additionally, the bill outlines the requirements for obtaining informed consent from the donor, which includes a certification of understanding the associated risks, mental competency, specific identification, a medical opinion regarding the donation's impact, and a 24-hour notice before the procedure.

Furthermore, the bill revises existing provisions regarding who may make anatomical gifts and the manner in which these gifts can be made. It retains the ability for donors to authorize gifts through various means, such as a donor card or a statement on a driver's license, while also ensuring that the process for living anatomical gifts includes stringent consent requirements. The amendments aim to enhance the clarity and safety of living anatomical donations, ensuring that donors are fully informed and consenting to the procedures involved.

Statutes affected:
Introduced Version: 16-19-3, 16-19-4, 16-19-5