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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XVI PUBLIC HEALTH
  • CHAPTER 113A UNIFORM ANATOMICAL GIFT ACT
  • Section 2 Definitions

Section 2. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:

“Adult”, an individual who is at least 18 years of age.

“Agent”, an individual who is authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care including, but not limited to a health care agent appointed under a health care proxy pursuant to chapter 201D or an individual who is expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.

“Anatomical gift”, a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research or education.

“Decedent”, a deceased individual, including a stillborn infant or fetus.

“Disinterested witness”, a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift or another adult who exhibited special care and concern for the individual; provided, however, that for the purposes of this definition, “individual” shall not include an individual to whom an anatomical gift could pass under section 11.

“Document of gift”, a donor card or other record used to make an anatomical gift; provided, however, that such document may include a statement or symbol on a driver’s license, identification card or an inclusion in a donor registry.

“Donor”, an individual whose body or part is the subject of an anatomical gift.

“Donor registry”, the donor registry established in section 20 or any other database that identifies donors and complies with said section 20.

“Driver’s license”, a license or permit issued by the registry of motor vehicles to an individual to operate a vehicle, whether or not conditions are attached to the license or permit.

“Eye bank”, a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.

“Guardian”, an individual appointed by a court to make decisions regarding the support, care, education, health or welfare of another individual; provided, however, that “guardian” shall not include a guardian ad litem.

“Hospital”, a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state.

“Identification card”, an identification card issued by the registry of motor vehicles.

“Know”, to have actual knowledge.

“Minor”, an individual who is under 18 years of age.

“Organ procurement organization”, an entity designated as such by the secretary of the United States Department of Health and Human Services.

“Parent”, either parent whose parental rights have not been terminated, regardless of whether the parents are married, divorced, separated or never married to each other.

“Part”, an organ, eye or tissue of a human being; provided, however, that “part” shall not include the whole body or a gamete as defined in section 2 of chapter 111L, which shall be donated in accordance with chapter 111L.

“Person”, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

“Physician”, an individual authorized to practice medicine or osteopathy under the laws of any state.

“Procurement organization”, an eye bank, organ procurement organization or tissue bank.

“Prospective donor”, an individual who is deceased or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education; provided, however, that “prospective donor” shall not include an individual who has made a refusal to become a donor.

“Reasonably available”, able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

“Recipient”, an individual into whose body a decedent’s part has been or is intended to be transplanted.

“Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

“Refusal”, a record created under section 7 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part.

“Sign”, with the present intent to authenticate or adopt a record, to execute or adopt a tangible symbol or to attach to or logically associate with the record an electronic symbol, sound or process.

“State”, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

“Technician”, an individual, including an enucleator, determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law.

“Tissue”, a portion of the human body other than an organ or an eye, but not including blood unless the blood is donated for the purpose of research or education.

“Tissue bank”, means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.

“Transplant hospital”, a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.