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

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

A. In this section:

"Advance health-care directive" means an advance directive executed by aprospective donor as provided in the Health Care Decisions Act (§ 54.1-2981et seq.).

"Declaration" means a record signed by a prospective donor specifying thecircumstances under which a life support system may be withheld or withdrawnfrom the prospective donor.

"Health care decision" means any decision regarding the health care of theprospective donor.

B. If a prospective donor has a declaration or an advance health-caredirective and the terms of the declaration or directive and the express orimplied terms of a potential anatomical gift are in conflict with regard tothe administration of measures necessary to ensure the medical suitability ofa part for transplantation or therapy, the prospective donor's attendingphysician and the prospective donor shall confer to resolve the conflict. Ifthe prospective donor is incapable of resolving the conflict, an agent actingunder the prospective donor's declaration or directive, or, if there is nodeclaration or directive, or the agent is not reasonably available, anotherperson authorized by law other than this Act, to make health care decisionson behalf of the prospective donor, shall act for the donor to resolve theconflict. The conflict shall be resolved as expeditiously as possible.Information relevant to the resolution of the conflict may be obtained fromthe appropriate procurement organization and any other person authorized tomake an anatomical gift for the prospective donor under § 32.1-291.9. Beforeresolution of the conflict, measures necessary to ensure the medicalsuitability of an organ for transplantation or therapy may not be withheld orwithdrawn from the prospective donor if withholding or withdrawing themeasures is not contraindicated by appropriate end-of-life care.

(2007, cc. 92, 907; 2008, c. 82.)