Title 19 — Health
55 chapters · 745 sections in this title.
19 V.I.C. § 401 Short title
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This chapter may be cited as “The Revised Virgin Islands Uniform Anatomical Gift Act”.
19 V.I.C. § 402 Definitions
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(1) In this chapter(1) “Agent” means an individual:(A) authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or(B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the prin…
19 V.I.C. § 403 Applicability
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This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
19 V.I.C. § 404 Who may make anatomical gift before donor's death
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(1) 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 o…
19 V.I.C. § 405 Manner of making anatomical gift before donor's death
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(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 …
19 V.I.C. § 406 Amending or revoking anatomical gift before donor's death
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(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 direc…
19 V.I.C. § 407 Refusal to make anatomical gift and effect of refusal
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(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) …
19 V.I.C. § 408 Preclusive effect of anatomical gift, amendment, or retroactive
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(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 dono…
19 V.I.C. § 409 Who may make anatomical gift of decedent's body or part
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(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 per…
19 V.I.C. § 410 Manner of making, amending, or revoking anatomical gift of decedent's body parts
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(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 b…
19 V.I.C. § 411 Persons that may receive anatomical gift; purpose of anatomical gift
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(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) …
19 V.I.C. § 412 Search and notification
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(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 offi…
19 V.I.C. § 413 Delivery of document of gift not required; right to examine
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(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 copyi…
19 V.I.C. § 414 Rights and duties of procurement organization and others
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(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 as…
19 V.I.C. § 415 Coordination of procurement and use
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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.
19 V.I.C. § 416 Sale or purchase of parts prohibited
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(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 co…
19 V.I.C. § 417 Penalty
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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 su…
19 V.I.C. § 418 Immunity
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(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 …
19 V.I.C. § 419 Law governing validity; choice of law as to execution of document of gift; presumption of validity
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(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 nationa…
19 V.I.C. § 420 Donor registry
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(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 tra…
19 V.I.C. § 421 Effect of anatomical gift on advance health-care directive
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(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” mea…
19 V.I.C. § 422 Cooperation between medical examiner and procurement organization
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(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 ana…
19 V.I.C. § 423 Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner
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(a) Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedent’s b…
19 V.I.C. § 424 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
19 V.I.C. § 425 Relation to electronic signatures in global and national commerce act
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This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the not…