KANSAS STATUTES AND CODES

65-3221. Definitions.

65-3221

Chapter 65.--PUBLIC HEALTH Article 32.--REVISED UNIFORM ANATOMICAL GIFT ACT

65-3221. Definitions.In this act:

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

(2) "Agent" means an individual:

(A) authorized to make health-care decisions on the principal's behalf by apowerof attorney forhealth care; or

(B) expressly authorized to make an anatomical gift onthe principal's behalf by any other recordsigned by the principal.

(3) "Anatomical gift" means a donation of all or part of a human body to takeeffectafter the donor's death for the purpose of transplantation, therapy, research,or education.

(4) "Decedent" means a deceased individual whose body or part is or may bethesource of an anatomical gift. The term includes a stillborn infant and, subjectto restrictionsimposed by law other than this act, a fetus.

(5) "Disinterested witness" means a witness other than the spouse, child,parent,sibling, grandchild, grandparent, or guardian of the individual who makes,amends, revokes, orrefuses to make an anatomical gift, or another adult who exhibited special careand concern forthe individual. The term does not include a person to which an anatomical giftcould pass underK.S.A. 2009 Supp.65-3230, and amendments thereto.

(6) "Document of gift" means a donor card or other record used to make ananatomical gift. The term includes a statement or symbol on a driver's license,identificationcard, or donor registry.

(7) "Donor" means an individual whose body or part is the subject of ananatomicalgift.

(8) "Donor registry" means a database that contains records of anatomicalgifts andamendments to or revocations of anatomical gifts.

(9) "Driver's license" means a license or permit issued by the division ofmotor vehicles of the department of revenue to operate avehicle,whether or not conditions are attached tothe license orpermit.

(10) "Eye bank" means a person that is licensed, accredited, or regulatedunder federalor state law to engage in the recovery, screening, testing, processing,storage,or distribution ofhuman eyes or portions of human eyes.

(11) "Guardian" means a person appointed by a court to make decisionsregarding thesupport, care, education, health, or welfare of an individual. The term doesnot include a guardianad litem.

(12) "Hospital" means a facility licensed as a hospital under the law of anystate or afacility operated as a hospital by the United States, a state, or a subdivisionof a state. The term includes an ambulatory surgical center and recuperationcenter.

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

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

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

(16) "Organ procurement organization" means a persondesignated by the secretaryofthe United States department of health and human services as an organprocurementorganization.

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

(18) "Part" means an organ, an eye, or tissue of a human being. The termdoes notinclude the whole body.

(19) "Person" means an individual, corporation, business trust, estate,trust,partnership, limited liability company, association, joint venture, publiccorporation, governmentor governmental subdivision, agency, or instrumentality, or any other legal orcommercial entity.

(20) "Physician" means an individual authorized to practice medicine orosteopathyunder the law of any state.

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

(22) "Prospective donor" means an individual who is dead or near death andhas beendetermined by a procurement organization to have a part that could be medicallysuitable fortransplantation, therapy, research, or education. The term does not include anindividual who hasmade a refusal.

(23) "Reasonably available" means able to be contacted by a procurementorganization without undue effort and willing and able to act in a timelymanner consistent withexisting medical criteria necessary for the making of an anatomical gift.

(24) "Recipient" means an individual into whose body a decedent's part hasbeen or isintended to be transplanted.

(25) "Record" means information that is inscribed on a tangible medium orthat isstored in an electronic or other medium and is retrievable in perceivable form.

(26) "Refusal" means a record created underK.S.A. 2009 Supp.65-3226, andamendmentsthereto, that expressly statesan intentto bar other persons from making an anatomical gift of an individual's body orpart.

(27) "Sign" means with the present intent to authenticate or adopt a record:

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

(B) to attach to or logicallyassociate with the record an electronic symbol, sound,or process.

(28) "State" means a state of the United States, the District of Columbia,Puerto Rico,the United States Virgin Islands, or any territory or insular possessionsubject to the jurisdictionof the United States.

(29) "Technician" means an individual determined to be qualified to remove orprocess parts by an appropriate organization that is licensed, accredited, orregulated underfederal or state law. The term includes an enucleator.

(30) "Tissue" means a portion of the human body other than an organ or aneye. Theterm does not include blood unless the blood is donated for the purpose ofresearch or education.

(31) "Tissue bank" means a person that is licensed, accredited, or regulatedunderfederal or state law to engage in the recovery, screening, testing, processing,storage, ordistribution of tissue.

(32) "Transplant hospital" means a hospital that furnishes organ transplantsand othermedical and surgical specialty services required for the care of transplantpatients.

History: L. 2007, ch. 127, § 2; July 1.