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HB 5233WEST VIRGINIASession 2026State Billdead
Did Not Advance

West Virginia Bill 5233 establishes rules and informed consent requirements for living organ and tissue donations

Original title: Relating to living anatomical gift

Last action · February 5, 2026: To House Health and Human ResourcesSponsor: Sean Hornbuckle

Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

House Bill 5233 sets specific legal definitions, eligibility rules, and written informed consent requirements for individuals making s in West Virginia. The measure restricts living donations exclusively to competent adult donors or emancipated minors aged 16 or older, prohibiting third parties from authorizing living donations on behalf of another person. Donors must receive risk disclosures, medical match opinions, and at least 24 hours of advance information before executing a living donation.

Why it matters

Changes donation protocols by barring proxies, parents, or guardians from consenting to a living organ or tissue donation on behalf of another person, while mandating a 24-hour waiting period and written medical certifications of competence and risk.

Background
  • House Bill 5233 was introduced during the 2026 Regular Session of the West Virginia Legislature by Delegate Hornbuckle and referred to the Committee on Health and Human Resources. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Living organ and tissue donors

Adult and older minor donors face strict written informed consent mandates, mandatory waiting periods, and risk disclosure requirements before executing a living donation.

Directly affected

Parents and guardians

Parents, guardians, and medical agents are explicitly prohibited from authorizing living anatomical gifts on behalf of another individual.

Directly affected

Hospitals and transplant centers

Medical facilities must obtain and document specific written certifications regarding donor competence, risk disclosures, and 24-hour advance notice prior to performing living donor procedures.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who is legally permitted to make a living anatomical gift under this bill?
A may only be made directly by the donor if the individual is an adult, an emancipated minor, or at least 16 years of age.
Can a parent or legal guardian authorize a living organ donation for a minor child?
No. The bill explicitly states that parents, guardians, agents, and the state may not make a on behalf of another individual.
What information must be included in the informed consent for a living donation?
Informed consent must include a risk certification for the donor, a certification of mental competence, specific identification of the donor, a medical opinion on the recipient match and prognosis, and proof that the donor received information at least 24 hours in advance.

What else do you want to know?

News Coverage

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions
  1. Feb 5, 2026HouseCommittee
    To House Health and Human Resources
  2. Feb 5, 2026HouseIntroduced
    Introduced in House
  3. Feb 5, 2026HouseCommittee
    To Health and Human Resources then Judiciary
  4. Feb 5, 2026HouseIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Sean HornbuckleHouse · District 25DemocraticPrimary sponsor

Connected Entities

Division of Motor Vehicles, United States Department of Health and Human Services, Division of Natural Resources and 2 more
OrganizationDivision of Motor Vehicles“Agency issuing driver's licenses and identification cards”Map →
OrganizationUnited States Department of Health and Human Services“Federal department designating organ procurement organizations”Map →
OrganizationDivision of Natural Resources“Agency issuing hunting and fishing licenses”Map →
OrganizationWest Virginia Legislature“Legislative body considering the bill during the 2026 Regular Session”Map →
PersonSean Hornbuckle“Delegate who introduced House Bill 5233”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 60)
  • Controversy15
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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