§ 130A-412.4. Definitions. - North Carolina Statutes

§ 130A‑412.4. Definitions.

The following definitionsapply in this Part:

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

(2)        "Agent"means an individual:

a.         Authorized to makean anatomical gift on the principal's behalf under a power of attorney forhealth care; or

b.         Expressly authorizedto make an anatomical gift on the principal's behalf by any other record signedby the principal.

(3)        "Anatomicalgift" means a donation of all or part of a human body to take effect afterthe donor's death for the purpose of transplantation, therapy, research, oreducation.

(4)        "Bodypart" means an organ, an eye, or tissue of a human being. The term doesnot include the whole body.

(5)        "Decedent"means a deceased individual whose body or body part is or may be the source ofan anatomical gift. The term includes a stillborn infant and, subject torestrictions imposed by law other than this Article, a fetus.

(6)        "Disinterestedwitness" means any individual except for the following:

a.         The donor's: spouse,child, parent, sibling, grandchild, grandparent, or guardian.

b.         An adult whoexhibited special care and concern for the donor.

c.         A person to whom ananatomical gift could pass under G.S. 130A‑412.13.

(7)        "Document ofgift" means a donor card or other record used to make an anatomical gift.The term includes a statement or symbol on a drivers license, identificationcard, or donor registry.

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

(9)        "Donorregistry" means a database that contains records of anatomical gifts andamendments to or revocations of anatomical gifts.

(10)      "Driverslicense" means a license or permit issued by the North Carolina Departmentof Transportation, Division of Motor Vehicles, to operate a vehicle, whether ornot conditions are attached to the license or permit.

(11)      "Eye bank"means an entity that is licensed, accredited, or regulated under federal orstate law to engage in the recovery, screening, testing, processing, storage,or distribution of human eyes or portions of human eyes.

(12)      "Guardian"means a person appointed by a court to make decisions regarding the support,care, education, health, or welfare of an individual. The term does not includea guardian ad litem.

(12a)    "Health caredecision" means any decision made regarding the health care of theprospective donor.

(13)      "Hospital"means a facility licensed as a hospital under the law of any state or afacility operated as a hospital by the United States, a state, or a subdivisionof a state.

(14)      "Identificationcard" means an identification card issued by the North Carolina Departmentof Transportation, Division of Motor Vehicles.

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

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

(17)      "Organprocurement organization" means a person designated by the Secretary ofthe United States Department of Health and Human Services as an organprocurement organization.

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

(19)      "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 otherlegal or commercial entity.

(20)      "Physician"means an individual authorized to practice medicine or osteopathy under the lawof any state.

(21)      "Procurementorganization" means an eye bank, organ procurement organization, or tissuebank.

(22)      "Prospectivedonor" means an individual who is dead or near death and has beendetermined by a procurement organization to have a body part that could bemedically suitable for transplantation, therapy, research, or education. Theterm does not include an individual who has made a refusal.

(23)      "Reasonablyavailable" means able to be contacted by a procurement organizationwithout undue effort and willing and able to act in a timely manner consistentwith existing medical criteria necessary for the making of an anatomical gift.

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

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

(26)      "Refusal"means a record created under G.S. 130A‑412.9 that expressly states anintent to bar other persons from making an anatomical gift of an individual'sbody or body part.

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

a.         To execute or adopta tangible symbol; or

b.         To attach to orlogically associate with the record an electronic symbol, sound, or process.

(28)      "State"means a state of the United States, the District of Columbia, Puerto Rico, theUnited States Virgin Islands, or any territory or insular possession subject tothe jurisdiction of the United States.

(29)      "Technician"means an individual determined to be qualified to remove or process body partsby an appropriate organization that is licensed, accredited, or regulated underfederal or state law. The term includes an enucleator.

(30)      "Tissue"means a portion of the human body other than an organ or an eye. The term doesnot include blood unless the blood is donated for the purpose of research oreducation.

(31)      "Tissuebank" means a person that is licensed, accredited, or regulated underfederal or state law to engage in the recovery, screening, testing, processing,storage, or distribution of tissue.

(32)      "Transplant hospital"means a hospital that furnishes organ transplants and other medical andsurgical specialty services required for the care of transplant patients. (2007‑538, s. 1.)