(a) A law-enforcement officer, firefighter, paramedic or other emergency rescuer finding an individual he or she reasonably believes is dead or near death shall as soon as practical make a reasonable search of the individual for a document of gift or other information identifying the individual as a donor or as having made a refusal. If a document of gift or a refusal is located by the search and the individual is taken to a hospital, the person who conducted the search shall send the document of gift or refusal to the hospital.
(b) If no other source of the information is immediately available, hospital staff shall search an individual reasonably believed to be dead or near death as soon as practical after the arrival at the hospital for a document of gift or other information identifying the individual as a donor or as having made a refusal.
(c) A medical examiner shall conduct a reasonable search of an individual whose body is placed in his or her custody for a document of gift or other information identifying the individual as a donor or as having made a refusal.
(d) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
Structure West Virginia Code
Article 19. Anatomical Gift Act
§16-19-4. Who May Make Anatomical Gift Before Donor's Death
§16-19-5. Manner of Making Anatomical Gift Before Donor"s Death
§16-19-6. Amending or Revoking Anatomical Gift Before Donor's Death
§16-19-7. Refusal to Make Anatomical Gift; Effect of Refusal
§16-19-8. Preclusive Effect of Anatomical Gift, Amendment, or Revocation
§16-19-9. Who May Make Anatomical Gift of Decedent S Body or Part
§16-19-10. Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part
§16-19-11. Persons Who May Receive Anatomical Gift; Purpose of Anatomical Gift
§16-19-12. Search and Notification
§16-19-13. Delivery of Document of Gift Not Required; Right to Examine
§16-19-14. Rights and Duties of Procurement Organization and Others
§16-19-15. Coordination of Procurement and Use
§16-19-16. Prohibited Acts; Sale or Purchase of Parts Prohibited
§16-19-20. Effect of Anatomical Gift on Advance Health-Care Directive
§16-19-21. Cooperation Between Medical Examiner and Procurement Organization
§16-19-23. Relation to Electronic Signatures in Global and National Commerce Act