§ 4300 — Definitions

New York § 4300

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 43: Anatomical Gifts

Text

§ 4300. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Anatomical gift" or "gift" means a donation of a whole body or\npart of a human body, to take effect after the donor's death, for the\npurpose of transplantation, therapy, research or education.\n 2. "Decedent" means a deceased individual of any age whose body or\npart is or may be the source of an anatomical gift. The term includes a\nstillborn infant and, subject to restrictions imposed by law other than\nthis article, a fetus.\n 3. "Disinterested witness" means a witness other than the spouse,\ndomestic partner, child, parent, sibling, grandchild, grandparent, or\nguardian of the individual who makes, amends, revokes, or refuses to\nmake an anatomical gift, or a close friend, or another adult who is\nrelated to the decedent by blood, marriage, or adoption.\n 4. "Document of gift" means an organ donor card, whole body donor\ncard, driver's license authorization to make an anatomical gift,\npursuant to paragraph (a) of subdivision one of section five hundred\nfour of the vehicle and traffic law, authorization to make an anatomical\ngift pursuant to any of the methods in subdivision five of section\nforty-three hundred ten of this article, or any other written\nauthorization for an anatomical gift. The term "document of gift"\nincludes a statement on a driver's license, identification card,\nenrollment in a donor registry, or any other anatomical gift document\nvalid pursuant to the laws of this or any other state or of any document\nof gift valid pursuant to the laws of any other country appearing on a\nlist of countries maintained by the commissioner for such purpose and\npublished on the department's website.\n 5. "Domestic partner" has the same meaning as described in subdivision\nseven of section twenty-nine hundred ninety-four-a of this chapter.\n 6. "Donee" means an individual or entity authorized to accept an\nanatomical gift pursuant to section forty-three hundred two of this\narticle.\n 7. "Donor" means an individual whose body or part is the subject of an\nanatomical gift.\n 8. "Eye bank" means a person that is licensed, accredited, or\nregulated under federal or state law to engage in the recovery,\nscreening, testing, processing, storage, or distribution of human eyes\nor portions of human eyes.\n 9. "Guardian" means a person appointed by a court to make decisions\nregarding the support, care, education, health, or welfare of an\nindividual. The term does not include a guardian ad litem.\n 10. "Hospital" means a hospital licensed, accredited, or approved\nunder the laws of any state and includes a hospital operated by the\nUnited States Government, a state, or a subdivision thereof, although\nnot required to be licensed under state laws.\n 11. "Non-transplant anatomic bank" means any person or facility that\nsolicits, retrieves, performs donor selection and/or testing, preserves,\ntransport, allocates, distributes, acquires, processes, stores, or\narranges for the storage of non-transplant anatomic parts, including\nwhole bodies, body segments, organs, or tissues from living or deceased\ndonors, for education and/or research purposes specifically authorized\nby section forty-three hundred two of this article. The following shall\nnot constitute a non-transplant anatomic bank:\n (a) Any person or entity that stores non-transplant anatomic parts,\nexcept whole bodies and body segments, solely for purposes of research\nand/or education conducted by such person; provided the person or entity\nmaintains on its premises a properly executed anatomical gift consent\ndocument, and\n (i) such person or entity is a legal donee pursuant to section\nforty-three hundred two of this article and obtains all organs/tissues\nfrom a tissue bank or non-transplant anatomic bank licensed by the\ndepartment; or\n (ii) is a general hospital conducting pathology services or research\non non-transplant anatomic parts including whole bodies, recovered from\nwithin the facility from a living or deceased source;\n (b) Any person or entity whose activities within the state of New York\nare limited to distribution of non-transplant anatomic parts to a tissue\nbank or non-transplant anatomic bank licensed by the department;\n (c) Any person or entity that uses prepared slides and/or\nhuman-derived stem cell lines for purposes of education and/or research;\nand\n (d) An employee of the federal government, provided an anatomical gift\nconsent document has been executed in accordance with section\nforty-three hundred one of this article.\n 12. "Organ" shall have the same definition as in article forty-three-B\nof this chapter, but shall not be applied to heart valves for the\npurposes of this article.\n 13. "Organ procurement organization" means a person designated by the\nsecretary of the United States Department of Health and Human Services\nas an organ procurement organization.\n 14. "Parent" means a parent whose parental rights have not been\nterminated.\n 15. "Part" of a body means and includes organs, tissues, eyes, bones,\narteries, blood, other fluids and other portions of a human body, and\n"part" includes "parts". The term does not include the whole body.\n 16. "Person" means an individual, corporation, government or\ngovernmental subdivision or agency, business trust, estate, trust,\npartnership or association, or any other legal entity.\n 17. "Physician" or "surgeon" means a physician or surgeon licensed or\nauthorized to practice under the laws of any state.\n 18. "Prospective donor" means an individual who is dead or near death\nand has been determined by a procurement organization to have a part\nthat could be medically suitable for transplantation, therapy, research,\nor education. The term does not include an individual who has made a\nrefusal.\n 19. "Procurement organization" means an eye bank, organ procurement\norganization, or tissue bank.\n 20. "Reasonably available" means able to be contacted by a procurement\norganization without undue effort and willing and able to act in a\ntimely manner consistent with existing medical criteria necessary for\nthe making of an anatomical gift.\n 21. "Record" means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n 22. "Refusal" means a record created under section forty-three hundred\nfive of this article that expressly states an intent to bar other\npersons from making an anatomical gift.\n 23. "State" includes any state, district, commonwealth, territory,\ninsular possession, and any other area subject to the legislative\nauthority of the United States of America.\n 24. "Tissue bank" means a person that is licensed, accredited, or\nregulated under federal or state law to solicit, retrieve, perform donor\nselection and/or testing, preserve, transport, allocate, distribute,\nacquire, process, store or arrange for the storage of human tissues for\ntransplantation, transfer, therapy, artificial insemination or\nimplantation, including autogeneic procedures.\n 25. "Whole body" means the intact corporeal remains of an individual\nafter the time of death.\n 26. "Whole body donor card" means a card or other writing indicating\nthe donor's authorization to make an anatomical gift of a whole body to\na non-transplant anatomic bank or other donee for purposes of education\nor research.\n