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

"Agent" means an individual:

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

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

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

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

"Decedent" means a deceasedindividual whose body or body part is or may be the source of an anatomicalgift.  The term includes a stillborn infant, and subject to restrictionsimposed by law other than this part, a fetus.

"Disinterested witness" means awitness 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 exhibitedspecial care and concern for the individual.  The term shall not include aperson to which an anatomical gift could pass under section 327-11.

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

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

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

"Driver's license" means a license orpermit issued by a state or county authority to operate a vehicle whether ornot conditions are attached to the license or permit.

"Eye bank" means a person that islicensed, accredited, or regulated under federal or state law to engage in therecovery, screening, testing, processing, storage, or distribution of humaneyes or portions of human eyes.

"Guardian" means a person appointedby 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 licensedas a hospital under the law of any state or a facility operated as a hospitalby the United States, a state, or a subdivision of a state.

"Identification card" means anidentification card issued by a state or county authority or a driver's licenseissued by the examiner of drivers.

"Know" means to have actualknowledge.

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

"Parent" means a parent whoseparental rights have not been terminated.

"Person" means an individual,corporation, business trust, estate, trust, partnership, limited liabilitycompany, association, joint venture, public corporation, government orgovernmental subdivision, agency, or instrumentality, or any other legal orcommercial entity.

"Physician" means an individualauthorized to practice medicine or osteopathy under the law of any state.

"Procurement organization" means aneye bank, organ procurement organization, or tissue bank.

"Prospective donor" means anindividual who is dead or near death and has been determined by a procurementorganization to have a body part that could be medically suitable fortransplantation, therapy, research, or education.  The term shall not includean individual who has made a refusal.

"Reasonably available" means able tobe contacted by a procurement organization without undue effort and willing andable to act in a timely manner consistent with existing medical criterianecessary for the making of an anatomical gift.

"Recipient" means an individual intowhose body a decedent's body part has been or is intended to be transplanted.

"Reciprocal beneficiary" means aparty to a valid reciprocal beneficiary relationship as defined in chapter572C.

"Record" means information that isinscribed on a tangible medium or that is stored in an electronic or othermedium and is retrievable in perceivable form.

"Refusal" means a record createdunder section 327-7 that expressly states an intent to bar other persons frommaking an anatomical gift of an individual's body or body part.

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

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

(2)  To attach or logically associate with the recordan 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 anyterritory or insular possession subject to the jurisdiction of the United States.

"Technician" means an individualdetermined to be qualified to remove or process body parts by an appropriateorganization that is licensed, accredited, or regulated under federal or statelaw.  The term includes an enucleator.

"Tissue" means a portion of the humanbody other than an organ or an eye.  The term shall not include blood unlessthe blood is donated for research or education.

"Tissue bank" means a person that islicensed, accredited, or regulated under federal or state law to engage in therecovery, screening, testing, processing, storage, or distribution of tissue.

"Transplant hospital" means ahospital that furnishes organ transplants and other medical and surgicalspecialty services required for the care of transplant patients. [L 2008, c122, pt of §1]