NY Pub Health L § 4300 (2021)
2021 New York Laws PBH - Public Health Article 43 - Anatomical Gifts 4300 - Definitions.

§  4300.  Definitions.  As  used  in this article, the following terms shall have the following meanings:   1. "Anatomical gift" or "gift" means a donation of  a  whole  body  or part  of  a  human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research or education.   2. "Decedent" means a deceased individual of any  age  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 article, a fetus.   3.  "Disinterested  witness"  means  a  witness other than the spouse, domestic partner, child, parent, sibling,  grandchild,  grandparent,  or guardian  of  the  individual  who makes, amends, revokes, or refuses to make an anatomical gift, or a close friend,  or  another  adult  who  is related to the decedent by blood, marriage, or adoption.   4.  "Document  of  gift"  means  an organ donor card, whole body donor card,  driver's  license  authorization  to  make  an  anatomical  gift, pursuant  to  paragraph  (a)  of subdivision one of section five hundred four of the vehicle and traffic law, authorization to make an anatomical gift pursuant to any of the  methods  in  subdivision  five  of  section forty-three   hundred   ten  of  this  article,  or  any  other  written authorization for an  anatomical  gift.  The  term  "document  of  gift" includes  a  statement  on  a  driver's  license,  identification  card, enrollment in a donor registry, or any other  anatomical  gift  document valid pursuant to the laws of this or any other state or of any document of  gift  valid pursuant to the laws of any other country appearing on a list of countries maintained by the commissioner for  such  purpose  and published on the department's website.   5. "Domestic partner" has the same meaning as described in subdivision seven of section twenty-nine hundred ninety-four-a of this chapter.   6.  "Donee"  means  an  individual  or  entity authorized to accept an anatomical gift pursuant to section  forty-three  hundred  two  of  this article.   7. "Donor" means an individual whose body or part is the subject of an anatomical gift.   8.  "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.   9. "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.   10. "Hospital" means a  hospital  licensed,  accredited,  or  approved under  the  laws  of  any  state and includes a hospital operated by the United States Government, a state, or a  subdivision  thereof,  although not required to be licensed under state laws.   11.  "Non-transplant  anatomic bank" means any person or facility that solicits, retrieves, performs donor selection and/or testing, preserves, transport,  allocates,  distributes,  acquires,  processes,  stores,  or arranges  for  the  storage  of non-transplant anatomic parts, including whole bodies, body segments, organs, or tissues from living or  deceased donors,  for  education and/or research purposes specifically authorized by section forty-three hundred two of this article. The following  shall not constitute a non-transplant anatomic bank:  (a)  Any  person  or entity that stores non-transplant anatomic parts, except whole bodies and body segments, solely for purposes  of  research and/or education conducted by such person; provided the person or entity maintains  on  its  premises a properly executed anatomical gift consent document, and  (i) such person or  entity  is  a  legal  donee  pursuant  to  section forty-three  hundred  two of this article and obtains all organs/tissues from a tissue bank or  non-transplant  anatomic  bank  licensed  by  the department; or  (ii)  is  a general hospital conducting pathology services or research on non-transplant anatomic parts including whole bodies, recovered  from within the facility from a living or deceased source;  (b) Any person or entity whose activities within the state of New York are limited to distribution of non-transplant anatomic parts to a tissue bank or non-transplant anatomic bank licensed by the department;  (c)   Any   person   or   entity  that  uses  prepared  slides  and/or human-derived stem cell lines for purposes of education and/or research; and  (d) An employee of the federal government, provided an anatomical gift consent  document  has  been  executed  in   accordance   with   section forty-three hundred one of this article.   12. "Organ" shall have the same definition as in article forty-three-B of  this  chapter,  but  shall  not  be  applied to heart valves for the purposes of this article.   13. "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.   14. "Parent" means a  parent  whose  parental  rights  have  not  been terminated.   15.  "Part" of a body means and includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a  human  body,  and "part" includes "parts". The term does not include the whole body.   16.   "Person"   means   an  individual,  corporation,  government  or governmental subdivision  or  agency,  business  trust,  estate,  trust, partnership or association, or any other legal entity.   17.  "Physician" or "surgeon" means a physician or surgeon licensed or authorized to practice under the laws of any state.   18. "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.   19.  "Procurement  organization"  means an eye bank, organ procurement organization, or tissue bank.   20. "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.   21. "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.   22. "Refusal" means a record created under section forty-three hundred five  of  this  article  that  expressly  states  an intent to bar other persons from making an anatomical gift.   23. "State" includes any  state,  district,  commonwealth,  territory, insular  possession,  and  any  other  area  subject  to the legislative authority of the United States of America.   24. "Tissue bank" means a person  that  is  licensed,  accredited,  or regulated under federal or state law to solicit, retrieve, perform donor selection  and/or  testing,  preserve,  transport, allocate, distribute, acquire, process, store or arrange for the storage of human tissues  for transplantation,   transfer,   therapy,   artificial   insemination   or implantation, including autogeneic procedures.    25. "Whole body" means the intact corporeal remains of  an  individual after the time of death.   26.  "Whole  body donor card" means a card or other writing indicating the donor's authorization to make an anatomical gift of a whole body  to a  non-transplant anatomic bank or other donee for purposes of education or research.