§ 403. Applicability
This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
§ 404. Who may make anatomical gift before donor’s death
Subject to section 408, 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 section 405 by: (1) the donor, if the donor is at least 18 years of age or is under […]
§ 405. Manner of making anatomical gift before donor’s death
(a) 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; or (3) during a terminal illness or injury of the donor, by any form of communication […]
§ 406. Amending or revoking anatomical gift before donor’s death
(a) Subject to section 408, a donor or other person authorized to make an anatomical gift under section 404 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual acting at the direction of the donor or […]
§ 407. Refusal to make anatomical gift and effect of refusal
(a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (1) a record signed by: (A) the individual; or (B) 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 […]
§ 408. Preclusive effect of anatomical gift, amendment, or retroactive
(a) 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 a part if the donor made an anatomical gift of […]
§ 409. Who may make anatomical gift of decedent’s body or part
(a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent’s body or part for purposes of transplantation, therapy, research, or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available: (1) an agent […]
§ 410. Manner of making, amending, or revoking anatomical gift of decedent’s body parts
(a) A person authorized to make an anatomical gift under section 409 may make an anatomical gift by a document of gift signed by the person making the gift or 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. (b) […]
§ 411. Persons that may receive anatomical gift; purpose of anatomical gift
(a) An anatomical gift of a body or part may be made to the following persons named in the document of gift: (1) a hospital, accredited medical school, dental school, college, university, or organ procurement organization, or other appropriate person for research or education; (2) subject to subsection (b), an individual designated by the person […]
§ 412. Search and notification
(a) The following persons shall make a reasonable search of an individual who the searcher reasonably believes is dead or near death 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 […]
§ 413. Delivery of document of gift not required; right to examine
(a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) 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 […]
§ 414. Rights and duties of procurement organization and others
(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any donor registry and records of the Virgin Islands Bureau of Motor Vehicles in the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. […]
§ 415. Coordination of procurement and use
Each hospital in the Virgin Islands, after consultation with procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.
§ 416. Sale or purchase of parts prohibited
(a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a felony and upon conviction is subject to a fine not exceeding $100,000 or […]
§ 417. Penalty
Any person that, in order to obtain 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 in order to obtain a financial gain commits a felony and upon conviction is subject to a fine not exceeding $50,000 or imprisonment […]
§ 418. Immunity
(a) A person that acts in accordance with this chapter 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. (b) Neither the person making an anatomical gift nor the donor’s estate […]
§ 419. Law governing validity; choice of law as to execution of document of gift; presumption of validity
(a) A document of gift is valid if executed in accordance with: (1) this chapter; (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 […]
§ 420. Donor registry
(a) The Department of Health may establish or contract for the establishment of a donor registry. (b) The Virgin Islands Bureau of Motor Vehicles shall cooperate with any donor registry that the Department of Health establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor’s […]
§ 421. Effect of anatomical gift on advance health-care directive
(a) In this section: (1) “Advance health-care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health-care decision for the prospective donor. (2) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a […]
§ 422. Cooperation between medical examiner and procurement organization
(a) A medical examiner and a procurement organization shall cooperate to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) 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 […]