(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 correctional facility for a term of not more than five years, or both fined and imprisoned.
(b) A person who, in order to obtain a 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 is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or imprisoned in a state correctional facility for a term of not more than five years.
(c) Nothing in this section prohibits a person from charging reasonable amounts for the costs of removing, processing, preserving, quality control, storing, transporting, implanting or disposing of a part.
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