ORS Chapter 97 — Rights

ORS 97.953. Definitions for ORS 97.951 to 97.982. As used in ORS 97.951 to 97.982: (1) Adult means an individual who is 18 years of age or older. (2) Agent means: (a) A health care representative or an alternate health care representative appointed under ORS 127.510; or (b) An individual expressly authorized to make an anatomical gift on the principals behalf by any record signed by the principal. (3) Anatomical gift means a donation of all or part of a human body to take effect after the donors death for the purpose of transplantation, therapy, research or education. (4) Body part means an organ, an eye or tissue of a human being. The term does not include the whole body. (5) Decedent means a deceased individual whose body or body part is or may be the source of an anatomical gift, and includes a stillborn infant or a fetus. (6)(a) Disinterested witness means a witness other than: (A) A spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift; or (B) An adult who exhibited special care and concern for the individual. (b) Disinterested witness does not include a person to whom an anatomical gift could pass under ORS 97.969. (7) Document of gift means a donor card or other record used to make an anatomical gift. The term includes a statement, symbol or designation on a driver license, identification card or donor registry. (8) Donor means an individual whose body or body part is the subject of an anatomical gift. (9) Donor registry means a centralized database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. (10) Driver license means a license or permit issued under ORS 807.040, 807.200, 807.280 or 807.730, regardless of whether conditions are attached to the license or permit. (11) Eye bank means an organization 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. (12) Guardian means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. Guardian does not include a guardian ad litem. (13) 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. (14) Identification card means the card issued under ORS 807.400 or 807.730, or a comparable provision of the motor vehicle laws of another state. (15) Know means to have actual knowledge. (16) Minor means an individual who is under 18 years of age. (17) Organ procurement organization means an organization designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (18) Parent means a parent whose parental rights have not been terminated. (19) Physician means an individual authorized to practice medicine under the law of any state. (20) Procurement organization means an eye bank, organ procurement organization or tissue bank. (21) Prospective donor means an individual who is dead or near death and has been determined by a procurement organization to have a body part that could be medically suitable for transplantation, therapy, research or education. The term does not include an individual who has made a refusal. (22) 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. (23) Recipient means an individual into whose body a decedents body part has been or is intended to be transplanted. (24) 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. (25) Refusal means a record that expressly states an intent to prohibit other persons from making an anatomical gift of an individuals body or body part. (26) 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. (27) 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. (28) Technician means an individual determined to be qualified to remove or process body parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. The term includes an enucleator. (29) 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 purpose of research or education. (30) 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. (31) Transplant hospital means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. [2007 c.681 2; 2008 c.1 33; 2017 c.409 2; 2018 c.36 24; 2019 c.701 15] Note: See note under