                                 CODE OF VIRGINIA

DEFINITIONS (§ 32.1-291.2)

As used in this Act, unless the context requires otherwise:
		&#8220;Adult&#8221; means an individual who is at least 18 years of age.
		&#8220;Agent&#8221; means an individual:

1. Authorized to make health-care decisions on the principal&#8217;s behalf by a
power of attorney for health care; or

2. Expressly authorized to make an anatomical gift on the principal&#8217;s
behalf by any other record signed by the principal.
			&#8220;Anatomical gift&#8221; means a donation of all or part of a human body
to take effect after the donor&#8217;s death for the purpose of transplantation,
therapy, research, or education.
			&#8220;Decedent&#8221; means a deceased individual whose body or part is or
may be the source of an anatomical gift. The term includes a stillborn infant
and, subject to restrictions imposed by law other than this Act, a fetus.
			&#8220;Disinterested witness&#8221; 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 whom an anatomical gift could pass under &#xA7;
32.1-291.11.
			&#8220;Document of gift&#8221; means a donor card or other record used to
make an anatomical gift. The term includes a statement or symbol on a
driver&#8217;s license, identification card, or donor registry.
			&#8220;Donor&#8221; means an individual whose body or part is the subject of
an anatomical gift.
			&#8220;Donor registry&#8221; means a database that contains records of
anatomical gifts.
			&#8220;Driver&#8217;s license&#8221; means a license or other document issued
by the Department of Motor Vehicles under Chapter 3 (&#xA7; 46.2-300 et seq.) of
Title 46.2 authorizing the operation of a motor vehicle upon the highways,
whether or not conditions are attached to the license or other document.
			&#8220;Eye bank&#8221; means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery, screening,
testing, processing, storage, or distribution of human eyes or portions of human
eyes and that is a member of the Virginia Transplant Council, accredited by the
Eye Bank Association of America or the American Association of Tissue Banks and
operating in the Commonwealth of Virginia.
			&#8220;Guardian&#8221; 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, except when the guardian ad litem is
authorized by a court to consent to donation.
			&#8220;Hospital&#8221; means a facility licensed as a hospital under the law
of any state or a facility operated as a hospital by the United States, a state,
or a subdivision of a state.
			&#8220;Identification card&#8221; means an identification card issued by the
Department of Motor Vehicles under Chapter 3 (&#xA7; 46.2-300 et seq.) of Title
46.2.
			&#8220;Know&#8221; means to have actual knowledge.
			&#8220;Minor&#8221; means an individual who is under 18 years of age.
			&#8220;Organ procurement organization&#8221; means a person designated by the
Secretary of the United States Department of Health and Human Services as an
organ procurement organization that is also a member of the Virginia Transplant
Council.
			&#8220;Parent&#8221; means a parent whose parental rights have not been
terminated.
			&#8220;Part&#8221; means an organ, an eye, or tissue of a human being. The
term does not include the whole body.
			&#8220;Person&#8221; 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 other legal or commercial entity.
			&#8220;Physician&#8221; means an individual authorized to practice medicine
or osteopathy under the law of any state.
			&#8220;Procurement organization&#8221; means an eye bank, organ procurement
organization, or tissue bank that is a member of the Virginia Transplant
Council.
			&#8220;Prospective donor&#8221; means an individual who is dead or whose
death is imminent 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.
			&#8220;Reasonably available&#8221; means able to be contacted by a
procurement organization without undue effort and willing and able to act in a
timely manner consistent with existing medical criteria necessary for the making
of an anatomical gift.
			&#8220;Recipient&#8221; means an individual into whose body a
decedent&#8217;s part has been or is intended to be transplanted.
			&#8220;Record&#8221; means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
			&#8220;Refusal&#8221; means a record created under &#xA7; 32.1-291.7 that
expressly states an intent to bar other persons from making an anatomical gift
of an individual&#8217;s body or part.
			&#8220;Sign&#8221; 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.
			&#8220;State&#8221; means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any territory or
insular possession subject to the jurisdiction of the United States.
			&#8220;Technician&#8221; means an individual determined to be qualified to
remove or process parts by an appropriate organization that is licensed,
accredited, or regulated under federal or state law. The term includes an
enucleator.
			&#8220;Tissue&#8221; 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
purpose of research or education.
			&#8220;Tissue bank&#8221; means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery, screening,
testing, processing, storage, or distribution of tissue and that is a member of
the Virginia Transplant Council, accredited by the American Association of
Tissue Banks, and operating in the Commonwealth of Virginia.
			&#8220;Transplant hospital&#8221; means a hospital that furnishes organ
transplants and other medical and surgical specialty services required for the
care of transplant patients.

HISTORY: 2007, cc. 92, 907; 2020, cc. 1227, 1246.