                                 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.