[§327-2]  Definitions.  As used
in this part, unless the context otherwise requires:



"Agent" means an individual:



(1)  Authorized to make health care decisions on the
principal's behalf by a power of attorney for health care; or



(2)  Expressly authorized to make an anatomical gift
on the principal's behalf by any other record signed by the principal.



"Anatomical gift" means a donation of
all or part of a human body to take effect after the donor's death for the
purposes of transplantation, therapy, research, or education.



"Body part" means an eye or other
organ, or tissue of a human being.  The term shall not include the whole body.



"Decedent" means a deceased
individual whose body or body part is or may be the source of an anatomical
gift.  The term includes a stillborn infant, and subject to restrictions
imposed by law other than this part, a fetus.



"Disinterested witness" means a
witness other than the spouse, reciprocal beneficiary, 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.  The term shall not include a
person to which an anatomical gift could pass under section 327-11.



"Document of gift" means a donor card
or other record used to make an anatomical gift.  The term includes a statement
or symbol on a driver's license, identification card, or donor registry.



"Donor" means an individual whose
body or body part is the subject of an anatomical gift.



"Donor registry" means a database
that contains records of anatomical gifts and amendments to or revocations of
anatomical gifts.



"Driver's license" means a license or
permit issued by a state or county authority to operate a vehicle whether or
not conditions are attached to the license or permit.



"Eye 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 human
eyes or portions of human eyes.



"Guardian" means a person appointed
by a court to make decisions regarding the support, care, education, health,
and welfare of an individual.  The term shall not include a guardian ad litem.



"Hospital" means a facility licensed
as a hospital under the law of any state or a facility operated as a hospital
by the United States, a state, or a subdivision of a state.



"Identification card" means an
identification card issued by a state or county authority or a driver's license
issued by the examiner of drivers.



"Know" means to have actual
knowledge.



"Organ procurement organization"
means a person designated by the United States Secretary of Health and Human
Services as an organ procurement organization.



"Parent" means a parent whose
parental rights have not been terminated.



"Person" means 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" means an individual
authorized to practice medicine or osteopathy under the law of any state.



"Procurement organization" means an
eye bank, organ procurement organization, or tissue bank.



"Prospective donor" means an
individual who is dead or near death and has been determined by a procurement
organization to have a body part that could be medically suitable for
transplantation, therapy, research, or education.  The term shall not include
an individual who has made a refusal.



"Reasonably available" means 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" means an individual into
whose body a decedent's body part has been or is intended to be transplanted.



"Reciprocal beneficiary" means a
party to a valid reciprocal beneficiary relationship as defined in chapter
572C.



"Record" means 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" means a record created
under section 327-7 that expressly states an intent to bar other persons from
making an anatomical gift of an individual's body or body part.



"Sign" means, with the present intent
to authenticate or adopt a record:



(1)  To execute or adopt a tangible symbol; or



(2)  To attach or logically associate with the record
an electronic symbol, sound, or process.



"State" means 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" means an individual
determined to be qualified to remove or process body parts by an appropriate
organization that is licensed, accredited, or regulated under federal or state
law.  The term includes an enucleator.



"Tissue" means a portion of the human
body other than an organ or an eye.  The term shall not include blood unless
the blood is donated for 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" means a
hospital that furnishes organ transplants and other medical and surgical
specialty services required for the care of transplant patients. [L 2008, c
122, pt of §1]