Revised Anatomical Gift Act Donation - West Virginia 2025

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(d) 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.
Uniform Anatomical Gift Act. Originally enacted in 1968, the Uniform Anatomical Gift Act is a federal framework that sets out how anatomical gifts can be made. Every state has enacted the provisions of the act in some form.
The Act was the first legislation enacted by all states in United States to address the donation of organs, tissues, and eyes as gifts to someone who may be in need of an organ for survival. The UAGA was drafted in order to increase organ and blood supplies and donation and to protect patients in the United States.
Donation after brain death (DBD) involves donation of organs after the patient meets criteria for death by neurological criteria. Donation after cardiac death (DCD) involves donation of organs after irreversible cessation of circulatory and respiratory function.
The act allows a decedent or surviving relatives to donate certain parts of the decedents organs for certain purposes, such as giving to those in need or for medical research. The act was revised in 1987 and again in 2006.
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Introduction. Organ and tissue donation occurs after a person has died. Transplantable organs and tissue can be donated to help the lives of individuals in need. Anatomical gift means a donation of all or part of a human body, after death, for the purpose of transplantation, therapy, research or education.
For example, a gift received by a medical school must be used for research or for the improvement of the medical field, while a gift given to an individual must be used for his or her medical treatment or tissue transplant. Section 4 of the Act explains how to enact an anatomical gift.
The act eliminates the specific bar on post-mortem donations by someone who knows the decedent refused to donate. Instead, it bars anyone, other than the parents of a deceased minor, from making a donation if the donor refused in writing to donate and did not revoke this refusal or expressly indicate otherwise.

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