26-28-102 - Definitions. - Utah Statutes

26-28-102. Definitions.
As used in this chapter:
(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 a power ofattorney for health care; or
(b) expressly authorized to make an anatomical gift on the principal's behalf by any otherrecord signed by the principal.
(3) "Anatomical gift" 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, or education.
(4) "Decedent" means:
(a) a deceased individual whose body or part is or may be the source of an anatomicalgift; and
(b) includes:
(i) a stillborn infant; and
(ii) subject to restrictions imposed by law other than this chapter, a fetus.
(5) (a) "Disinterested witness" means:
(i) a witness other than the spouse, child, parent, sibling, grandchild, grandparent, orguardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or
(ii) another adult who exhibited special care and concern for the individual.
(b) "Disinterested witness" does not include a person to which an anatomical gift couldpass under Section 26-28-111.
(6) "Document of gift" means a donor card or other record used to make an anatomicalgift. The term includes a statement or symbol on a driver license, identification card, or donorregistry.
(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means a database that contains records of anatomical gifts andamendments to or revocations of anatomical gifts.
(9) "Driver license" means a license or permit issued by the Driver License Division ofthe Department of Public Safety, to operate a vehicle, whether or not conditions are attached tothe license or permit.
(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal orstate law to engage in the recovery, screening, testing, processing, storage, or distribution ofhuman eyes or portions of human eyes.
(11) "Guardian":
(a) means a person appointed by a court to make decisions regarding the support, care,education, health, or welfare of an individual; and
(b) does not include a guardian ad litem.
(12) "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 subdivision of a state.
(13) "Identification card" means an identification card issued by the Driver LicenseDivision of the Department of Public Safety.
(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 person designated by the Secretary of

the United States Department of Health and Human Services as an organ procurementorganization.
(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 term does notinclude the whole body.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership,limited liability company, association, joint venture, public corporation, government orgovernmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Physician" means an individual authorized to practice medicine or osteopathyunder the law of any state.
(21) "Procurement organization" means an eye bank, organ procurement organization, ortissue bank.
(22) "Prospective donor":
(a) means an individual who is dead or near death and has been determined by aprocurement organization to have a part that could be medically suitable for transplantation,therapy, research, or education; and
(b) does not include an individual who has made a refusal.
(23) "Reasonably available" means able to be contacted by a procurement organizationwithout undue effort and willing and able to act in a timely manner consistent with existingmedical criteria necessary for the making of an anatomical gift.
(24) "Recipient" means an individual into whose body a decedent's part has been or isintended to be transplanted.
(25) "Record" means information that is inscribed on a tangible medium or that is storedin an electronic or other medium and is retrievable in perceivable form.
(26) "Refusal" means a record created under Section 26-28-107 that expressly states anintent to bar other persons from making an anatomical gift of an individual's body or part.
(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 logically associate with the record an electronic symbol, sound, orprocess.
(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 to the jurisdiction ofthe United States.
(29) "Technician":
(a) means an individual determined to be qualified to remove or process parts by anappropriate organization that is licensed, accredited, or regulated under federal or state law; and
(b) includes an enucleator.
(30) "Tissue" means a portion of the human body other than an organ or an eye. Theterm does not include blood unless the blood is donated for the purpose of research or education.
(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federalor state law to engage in the recovery, screening, testing, processing, storage, or distribution oftissue.
(32) "Transplant hospital" means a hospital that furnishes organ transplants and othermedical and surgical specialty services required for the care of transplant patients.

Enacted by Chapter 60, 2007 General Session