32.1-291.7 - Refusal to make anatomical gift; effect of refusal. - Virginia Statutes

§ 32.1-291.7. Refusal to make anatomical gift; effect of refusal.

A. An individual may refuse to make an anatomical gift of the individual'sbody or part by:

1. A record signed by:

a. The individual; or

b. Subject to subsection B, another individual acting at the direction of theindividual if the individual is physically unable to sign;

2. The individual's will, whether or not the will is admitted to probate orinvalidated after the individual's death; or

3. Any form of communication made by the individual during the individual'sterminal illness or injury addressed to at least two adults, at least one ofwhom is a disinterested witness.

B. A record signed pursuant to subdivision A 1 b shall:

1. Be witnessed by at least two adults, at least one of whom is adisinterested witness, who have signed at the request of the individual; and

2. State that it has been signed and witnessed as provided in subdivision 1.

C. An individual who has made a refusal may amend or revoke the refusal:

1. In the manner provided in subsection A for making a refusal;

2. By subsequently making an anatomical gift pursuant to § 32.1-291.5 that isinconsistent with the refusal; or

3. By destroying or canceling the record evidencing the refusal, or theportion of the record used to make the refusal, with the intent to revoke therefusal.

D. Except as otherwise provided in subsection H of § 32.1-291.8, in theabsence of an express, contrary indication by the individual set forth in therefusal, an individual's unrevoked refusal to make an anatomical gift of theindividual's body or part bars all other persons from making an anatomicalgift of the individual's body or part.

(2007, cc. 92, 907.)