2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.1911 Definitions for KRS 311.1911 to 311.1959.
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311.1911 Definitions for KRS 311.1911 to 311.1959.
As used in KRS 311.1911 to 311.1959:
(1) "Adult" means an individual who is at least eighteen (18) years of age;
(2) "Agent" means an individual:
(a) Authorized to make health-care decisions on the principal's behalf by a
power of attorney for health care; or
(b) Expressly authorized to make an anatomical gift on the principal's behalf
by any other record signed by the principal;
(3) "Anatomical gift" means a donation of all or part of a human body to take effect
after the donor's death for the purpose of transplantation, therapy, research, or
education;
(4) "Decedent" 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 KRS 311.1911 to 311.1959, a fetus;
however, the term "fetus" does not include a blastocyst, embryo, or fetus that
was the subject of an induced abortion;
(5) "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 KRS 311.1929;
(6) "Document of gift" means a donor card or other record used to make an
anatomical gift. The term includes a statement or symbol on a driver's license,
identification card, or donor registry;
(7) "Donor" means an individual whose body or part is the subject of an
anatomical gift;
(8) "Donor registry" means a database that contains records of anatomical gifts
and amendments to or revocations of anatomical gifts;
(9) "Driver's license" means a license or permit issued by the Transportation
Cabinet to operate a vehicle, whether or not conditions are attached to the
license or permit;
(10) "Eye bank" 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;
(11) "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;
(12) "Hospital" 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;
(13) "Identification card" means an identification card issued by the Transportation
Cabinet;
(14) "Know" means to have actual knowledge;
(15) "Minor" means an individual who is under eighteen (18) years of age;
(16) "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;
(17) "Parent" means a parent whose parental rights have not been terminated;
(18) "Part" means an organ, an eye, or tissue of a human being. The term does not
include the whole body;
(19) "Person" 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;
(20) "Physician" means an individual authorized to practice medicine or osteopathy
under the law of any state;
(21) "Procurement organization" means an eye bank, organ procurement
organization, or tissue bank;
(22) "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;
(23) "Reasonably available" 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;
(24) "Recipient" means an individual into whose body a decedent's part has been or
is intended to be transplanted;
(25) "Record" 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;
(26) "Refusal" means a record created under KRS 311.1921 that expressly states
an intent to bar other persons from making an anatomical gift of an individuals
body or part;
(27) "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;
(28) "State" 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;
(29) "Technician" 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 ocular enucleator;
(30) "Tissue" means a portion of the human body other than an organ or an eye.
The term does not include:
(a) Blood unless the blood is donated for the purpose of research or
education; or
(b) An ovum or sperm for the purpose of creating an embryo to be used in
therapy, research, or education;
(31) "Tissue bank" 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
(32) "Transplant hospital" means a hospital that furnishes organ transplants and
other medical and surgical specialty services required for the care of transplant
patients.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 1, effective July 15, 2010.
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