Chapter 16, Chapter 16

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Division of Motor Vehicles and any donor registry it knows of for the geographical area in which the individual resides t…

Each hospital licensed in this state shall enter into agreements or affiliations with procurement organizations for coordinating procurement and use of anatomical gifts.

(a) Except as provided in subsection (b) of this section, a person who knowingly buys or sells, for valuable consideration, a part for transplantation or therapy is guilty of a felony and, upon conviction thereof, shall be fined not more than $50 or imprisoned in a state correcti…

(a) A person, including a medical examiner, who acts in accordance with this article 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…

(a) A document of gift is valid if executed in accordance with: (1) This article; (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 nati…

(a) The Division of Motor Vehicles may establish, or contract for the establishment of, a donor registry. (b) The Division of Motor Vehicles shall cooperate with a person that administers any donor registry established or contracted for pursuant to this section or recognized for …

This article applies to an anatomical gift or to an amendment to, revocation of or refusal to make an anatomical gift, whenever made.

(a) In this section: (1) "Advance health-care directive" means a medical power of attorney 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 r…

(a) A medical examiner shall cooperate with a procurement organization 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…

(a) The medical examiner shall, upon request of a procurement organization, release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is in the custody of the medical examiner. If the decedent’s body o…

This act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §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 notices desc…

As used in this article: "Adult" means an individual who is at least 18 years of age. "Agent" means an individual: (1) Authorized by a medical power of attorney to make health care decisions on behalf of a prospective donor; or (2) Expressly authorized by any other record signed …

Subject to section eight of this article, an anatomical gift may be made during the life of the donor for the purpose of transplantation, therapy, research or education by: (1) The donor, if the donor is an adult; (2) The donor, if the donor is a minor and is emancipated or sixte…

(a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol to be imprinted on his or her driver’s license, identification card, voter registration card, or hunting or fishing license indicating that he or she has made an anatomical gift; (2) In a will; (3) …

(a) Subject to section eight of this article, a donor or a person authorized pursuant to section four of this article may amend or revoke an anatomical gift by: (1) (A) A record signed and dated by the donor or the authorized person. (B) If the donor or the authorized person is p…

(a) An individual may express his or her refusal to make an anatomical gift of his or her body or body parts by: (1) A record signed by the individual. If the individual is physically unable to sign, another person acting at the direction of the individual may sign if the refusal…

(a) Except as otherwise provided in subsections (g) and (f) of this section, in the absence of an express, contrary indication by the donor who has made or amended an anatomical gift, a person other than the donor is barred from making, amending or revoking an anatomical gift of …

(a) Unless barred by §16-19-7 or §16-19-8 of this code, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available in the order of priori…

Notwithstanding any other provision of law to the contrary, any person seventeen years of age or older may donate blood without the permission or authorization of a parent or guardian and any person sixteen years of age may donate blood with the permission or authorization of a p…

(a) The Bureau for Public Health shall prepare an online brochure for display on its website. The information shall be derived from the National Marrow Donor Program, which may be downloaded, and utilized by the commissioner for the purposes of §16-21-2(c), and shall be designed …

The physician or midwife in attendance at, or present immediately after, a live birth shall perform, or cause to be performed, a test for hearing loss in the infant unless the infant's parents refuse under subsection (c), section three of this article to have the testing performe…

(a) The Legislature hereby finds that until 1984, West Virginia had one of the highest rates of postneonatal mortality in the United States, which is defined as infants dying between one month and one year of age. In the early 1980s, studies in West Virginia showed that infants a…

The Legislature finds that phenylketonuria, galactosemia, hypothyroidism, and certain other diseases are usually associated with intellectual disability or other severe health hazards. Laboratory tests are readily available to aid in the detection of these diseases and hazards to…

The State Bureau of Public Health is authorized to establish and carry out a program designed to combat intellectual disability or other severe health hazards in our state's population due to phenylketonuria, galactosemia, hypothyroidism, and certain other diseases specified by t…

(a) The Bureau of Public Health may establish and implement a birth score program designed to combat postneonatal mortality and to detect debilitating conditions and possible developmental delays in newborn infants in the state. (b) The purpose and goals of the birth score progra…

The director of the division of health shall propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to: (1) Establish a reasonable fee schedule for tests administered pursuant to this article, which shall …

(a) The hospital or birthing center in which an infant is born, the parents or legal guardians, the physician attending a newborn child, or any person attending a newborn child not under the care of a physician shall require and ensure that each such child be tested for phenylket…

(a) Any hospital or birthing facility in which an infant is born, any physician attending the infant, or any other person attending the infant if not under the care of a physician, shall require and ensure that a birth score is determined for the newborn infant in order to assess…

(a) Testing required under this article shall be a covered benefit reimbursable by all health insurers except for health insurers that offer only supplemental coverage policies or policies which cover only specified diseases. All policies issued pursuant to articles fifteen, sixt…

Any person violating the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $25 nor more than $50. Violation of each such provision shall be considered a separate offense.

On or before June 30, 1998, the division of health shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as may be needed to establish the program, ensure compliance and assess penalties as needed to im…

If any provision or item of this article or application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this article.

The effective date of this article shall be July 1, 1965.

The procuring, furnishing, donating, processing, distributing or the using of human whole blood, blood plasma, blood products, blood derivatives, corneas, bones or organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human bod…

All resources reasonably available to the hemophiliac such as private insurance, Medicaid payments, aid from other state agency programs and private agency fundings must be used for payment of medical care for the hemophiliac before any funds provided pursuant to the state hemoph…

It is the policy of the state in furtherance of its responsibility to protect the occupational and public health and safety and the environment: (1) To institute and maintain a regulatory program for sources of ionizing radiation so as to provide for compatibility and equivalency…

The department is authorized, in the event of an emergency or under other circumstances constituting a hazard to public health and safety or the environment, to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to…

(a) The Governor is authorized to enter into agreements with the U.S. Nuclear Regulatory Commission under Section 274b of the Atomic Energy Act of 1954, as amended, providing for discontinuance of certain licensing and related regulatory authority of the U.S. Nuclear Regulatory C…

(a) The department, with the prior approval of the Governor, is authorized to enter into an agreement or agreements with the federal government, other states or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states …

Ordinances, resolutions, or rules, now or hereafter in effect, of the governing body of a county, political subdivision, municipality, other state agencies, or other local government body relating to by-product, source, and special nuclear materials shall not be superseded by thi…

(a) Any person who violates any licensing or registration provision of this article or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or registration certificate issued thereunder or commits any violation for which a license…

(a) Any person who willfully violates any of the provisions of the rules, regulations, or orders of the department or secretary or any provision under this article is guilty of a felony, and, upon conviction thereof, shall be fined not less than $1,000 nor more than $25,000, for …

(a) In any proceeding for the denial of an application for license or for revocation, suspension, or modification or a license, the department shall provide to the applicant or licensee an opportunity for a hearing on the record. (b) Whenever the department finds that an emergenc…

This article is enacted to provide: (1) A program of effective regulation of sources of radiation for the protection of the occupational and public health and safety. (2) A program to promote an orderly regulatory pattern within the state, among the states, and between the federa…

As used in this article unless the context requires a different meaning: (1) "By-product material" means: (A) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing s…

The provisions of this article shall not apply to radioactive materials or facilities, including nuclear reactors, that are subject to exclusive licensing and regulation by the United States Nuclear Regulatory Commission.

(a) The Department of Health is hereby designated as the state radiation control agency. (b) The secretary shall designate the director of the state radiation control agency who shall perform the functions vested in the state radiation control agency under the provisions of this …

(a) All radioactive material not under the authority of the United States Nuclear Regulatory Commission, and devices or equipment utilizing such material, shall be licensed by the department under the rules promulgated by the department. Rules promulgated under this article shall…

(a) For licensed activities the department may, establish by rule or regulation standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the department for the d…

(a) There is hereby created in the State Treasury a special revenue fund known as the Radiation Site Closure and Reclamation Fund. The fund shall be administered by and under the control of the Secretary of the Department of Health. Expenditures from the fund shall be solely for …