32.1-291.2 - Definitions.
§ 32.1-291.2. Definitions.
As used in this Act, unless the context requires otherwise:
"Adult" means an individual who is at least 18 years of age.
"Agent" means an individual:
1. Authorized to make health-care decisions on the principal's behalf by apower of attorney for health care; or
2. Expressly authorized to make an anatomical gift on the principal's behalfby any other record signed by the principal.
"Anatomical gift" means a donation of all or part of a human body to takeeffect after the donor's death for the purpose of transplantation, therapy,research, or education.
"Decedent" means a deceased individual whose body or part is or may be thesource of an anatomical gift. The term includes a stillborn infant and,subject to restrictions imposed by law other than this Act, a fetus.
"Disinterested witness" means a witness other than the spouse, child,parent, sibling, grandchild, grandparent, or guardian of the individual whomakes, amends, revokes, or refuses to make an anatomical gift, or anotheradult who exhibited special care and concern for the individual. The termdoes not include a person to whom an anatomical gift could pass under §32.1-291.11.
"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'slicense, identification card, or donor registry.
"Donor" means an individual whose body or part is the subject of ananatomical gift.
"Donor registry" means a database that contains records of anatomical gifts.
"Driver's license" means a license or permit issued by the VirginiaDepartment of Motor Vehicles to operate a vehicle, whether or not conditionsare attached to the license or permit.
"Eye bank" 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 human eyes or portions of human eyesand that is a member of the Virginia Transplant Council, accredited by theEye Bank Association of America or the American Association of Tissue Banksand operating in the Commonwealth of Virginia.
"Guardian" means a person appointed by a court to make decisions regardingthe support, care, education, health, or welfare of an individual. The termdoes not include a guardian ad litem, except when the guardian ad litem isauthorized by a court to consent to donation.
"Hospital" means a facility licensed as a hospital under the law of anystate or a facility operated as a hospital by the United States, a state, ora subdivision of a state.
"Identification card" means an identification card issued by the VirginiaDepartment of Motor Vehicles.
"Know" means to have actual knowledge.
"Minor" means an individual who is under 18 years of age.
"Organ procurement organization" means a person designated by the Secretaryof the United States Department of Health and Human Services as an organprocurement organization that is also a member of the Virginia TransplantCouncil.
"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 doesnot include the whole body.
"Person" means an individual, corporation, business trust, estate, trust,partnership, limited liability company, association, joint venture, publiccorporation, government or governmental subdivision, agency, orinstrumentality, or any other legal or commercial entity.
"Physician" means an individual authorized to practice medicine orosteopathy under the law of any state.
"Procurement organization" means an eye bank, organ procurementorganization, or tissue bank that is a member of the Virginia TransplantCouncil.
"Prospective donor" means an individual who is dead or whose death isimminent 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.
"Reasonably available" means able to be contacted by a procurementorganization without undue effort and willing and able to act in a timelymanner consistent with existing medical criteria necessary for the making ofan anatomical gift.
"Recipient" means an individual into whose body a decedent's part has beenor is intended to be transplanted.
"Record" means information that is inscribed on a tangible medium or thatis stored in an electronic or other medium and is retrievable in perceivableform.
"Refusal" means a record created under § 32.1-291.7 that expressly statesan intent to bar other persons from making an anatomical gift of anindividual's body or part.
"Sign" means, with the present intent to authenticate or adopt a record:
1. To execute or adopt a tangible symbol; or
2. 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 United States Virgin Islands, or any territory or insularpossession subject to the jurisdiction of the United States.
"Technician" means an individual determined to be qualified to remove orprocess parts by an appropriate organization that is licensed, accredited, orregulated 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 does not include blood unless the blood is donated for the purposeof research or education.
"Tissue bank" means a person that is licensed, accredited, or regulatedunder federal or state law to engage in the recovery, screening, testing,processing, storage, or distribution of tissue and that is a member of theVirginia Transplant Council, accredited by the American Association of TissueBanks, and operating in the Commonwealth of Virginia.
"Transplant hospital" means a hospital that furnishes organ transplants andother medical and surgical specialty services required for the care oftransplant patients.
(2007, cc. 92, 907.)