(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) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended or revoked under this article, a person to whom a gift passes may rely upon an individual's representations that he or she is the donor or a person authorized to make a gift of the body or part pursuant to subsection (a), section nine of this article, unless the person to whom the gift may pass knows that the representation is untrue.
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