§ 23-18.6.1-2 - Definitions.

SECTION 23-18.6.1-2

   § 23-18.6.1-2  Definitions. – For purposes of this chapter, unless the context otherwise requires:

   (1) "Adult" means an individual who is at least eighteen (18)years of age.

   (2) "Agent" means an individual:

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

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

   (3) "Anatomical gift" means a donation of all or part of ahuman body to take effect after the donor's death for the purpose oftransplantation, therapy, research, or education.

   (4) "Decedent" means a deceased individual whose body or partis or may be the source of an anatomical gift. The term includes a stillborninfant and, subject to restrictions imposed by law other than this chapter, afetus.

   (5) "Disinterested witness" means a witness other than thespouse, child, parent, sibling, grandchild, grandparent, or guardian of theindividual who makes, amends, revokes, or refuses to make an anatomical gift,or another adult who exhibited special care and concern for the individual. Theterm does not include a person to which an anatomical gift could pass under§ 23-18.6.1-11.

   (6) "Document of gift" means inclusion in a donor registry, adonor card or other record used to make an anatomical gift. The term includes astatement or symbol on a driver's license or identification card.

   (7) "Donor" means an individual whose body or part is thesubject of an anatomical gift.

   (8) "Donor registry" means the Rhode Island Donor Registryestablished under § 31-10-26.1 as well as any other electronic databasethat identifies donors and complies with § 23-18.6.1-20.

   (9) "Driver's license" means a motor vehicle or chauffeurslicense or permit issued by the department of motor vehicles, whether or notconditions are attached to the license or permit.

   (10) "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 ofhuman eyes.

   (11) "Guardian" means a person appointed by a court to makedecisions regarding the support, care, education, health, or welfare of anindividual. The term does not include a guardian ad litem.

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

   (13) "Identification card" means an identification cardissued by the department of motor vehicles.

   (14) "Know" means to have actual knowledge.

   (15) "Minor" means an individual who is under eighteen (18)years of age.

   (16) "Organ procurement organization" means a persondesignated by the Secretary of the United States Department of Health and HumanServices as an organ procurement organization.

   (17) "Parent" means a parent whose parental rights have notbeen terminated.

   (18) "Part" means an organ, an eye, or tissue of a humanbeing. The term does not include the whole body.

   (19) "Person" means an individual, corporation, businesstrust, 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.

   (20) "Physician" means an individual authorized to practicemedicine or osteopathy under the law of any state.

   (21) "Procurement organization" means an eye bank, organprocurement organization, or tissue bank.

   (22) "Prospective donor" means an individual who is dead ornear death and has been determined by a procurement organization to have a partthat could be medically suitable for transplantation, therapy, research, oreducation. The term does not include an individual who has made a refusal thatis known by the procurement organization.

   (23) "Reasonably available" means able to be contacted by aprocurement organization without undue effort and willing and able to act in atimely manner consistent with existing medical criteria necessary for themaking of an anatomical gift.

   (24) "Recipient" means an individual into whose body adecedent's part has been or is intended to be transplanted.

   (25) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form.

   (26) "Refusal" means a record created under §23-18.6.1-7 that expressly states an intent to bar other persons from making ananatomical gift of an individual's body or part.

   (27) "Sign" means, with the present intent to authenticate oradopt a record:

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

   (ii) To attach to or logically associate with the record anelectronic symbol, sound, or process.

   (28) "State" means a state of the United States, the Districtof Columbia, Puerto Rico, the United States Virgin Islands, or any territory orinsular possession subject to the jurisdiction of the United States.

   (29) "Technician" means an individual determined to bequalified to remove or process parts by an appropriate organization that islicensed, accredited, or regulated under federal or state law. The termincludes an enucleator.

   (30) "Tissue" means a portion of the human body other than anorgan or an eye. The term does not include blood unless the blood is donatedfor the purpose of research or education.

   (31) "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.

   (32) "Transplant hospital" means a hospital that furnishesorgan transplants and other medical and surgical specialty services requiredfor the care of transplant patients.