HB 5233
Relating to living anatomical gift
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill updates West Virginia’s laws regarding living anatomical gifts, which are donations of body parts for transplantation, therapy, research, or education made while the donor is alive. It clarifies who can make these gifts (adults, emancipated minors, agents, parents, or guardians), how they can be documented (donor cards, licenses, wills, or written consent), and establishes requirements for informed consent. The bill also defines key terms related to anatomical gifts and creates a donor registry.
Key provisions
- Defines key terms such as ‘adult,’ ‘agent,’ ‘anatomical gift,’ and ‘donor registry.’
- Specifies who is authorized to make a living anatomical gift (adults, emancipated minors, agents, parents, or guardians).
- Outlines acceptable methods for documenting a living anatomical gift (donor card, license, will, or registry).
- Requires informed consent for living anatomical gifts, including specific information the donor must receive.
- Addresses revocation and suspension of anatomical gift indications on driver’s licenses and identification cards.
- Establishes a process for making anatomical gifts through a will, ensuring they take effect upon the donor’s death regardless of will invalidation.
- Clarifies that a medical power of attorney cannot authorize an agent to make an anatomical gift on behalf of another individual.
- Specifies that a living anatomical gift for transplantation or therapy can only be made by the donor under express written informed consent.
Who is affected
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours