In this part 2:
"Adult" means an individual who is at least eighteen years of age.
"Agent" means an individual:
Authorized to make health-care decisions on the principal's behalf by a power of attorneyfor health care; or
Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.
"Anatomical gift" means a donation of all or part of a human body, to take effect after thedonor's death, for the purpose of transplantation, therapy, research, or education.
"Decedent" means a deceased individual whose body or part is or may be the source of ananatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this part 2, a fetus.
"Disinterested witness" means a witness other than the spouse, 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 exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 15-19-211.
"Document of gift" means a donor card or other record used to make an anatomical gift. Theterm includes a statement or symbol on a driver's license, identification card, or donor registry.
"Donor" means an individual whose body or part is the subject of an anatomical gift.
"Donor registry" means a database that contains records of anatomical gifts and amendmentsto or revocations of anatomical gifts.
"Driver's license" means a license or permit issued by the department of revenue to operate avehicle, whether or not conditions are attached to the license or permit.
"Eye bank" means a person that is licensed, accredited, or regulated under federal or statelaw to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
"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 include a guardian ad litem.
"Hospital" means a facility licensed as a hospital under the law of any state or a facilityoperated as a hospital by the United States, a state, or a subdivision of a state.
"Identification card" means an identification card issued by the department of revenue orthe department's agent.
"Know" means to have actual knowledge.
"Minor" means an individual who is under eighteen years of age.
"Organ procurement organization" means a person designated by the secretary of the United States department of health and human services as an organ procurement organization.
"Parent" means a parent whose parental rights have not been terminated.
"Part" means an organ, an eye, or tissue of a human being. The term does not include thewhole body.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limitedliability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
"Physician" means an individual authorized to practice medicine or osteopathy under thelaw of any state.
"Procurement organization" means an eye bank, organ procurement organization, or tissuebank.
"Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.
"Reasonably available" means able to be contacted by a procurement organization withoutundue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
"Recipient" means an individual into whose body a decedent's part has been or is intendedto be transplanted.
"Record" means information that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form.
"Refusal" means a record created under section 15-19-207 that expressly states an intent tobar other persons from making an anatomical gift of an individual's body or part.
"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, or process.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the UnitedStates Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
"Technician" means an individual determined to be qualified to remove or process parts byan appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.
"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 or education.
"Tissue 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 of tissue.
"Transplant hospital" means a hospital that furnishes organ transplants and other medicaland surgical specialty services required for the care of transplant patients.
Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 538, § 1, effective August 9.
Editor's note: This section is similar to former § 12-34-102 as it existed prior to 2017.