As used in this subchapter:

(1) “Adult” means an individual who is at least 18 years of age.

(2) “Advance health-care directive” means a directive under § 2503 of this title.

(3) “Agent” means an individual authorized to make health-care decisions on another’s behalf by a power of attorney or an individual expressly authorized to make an anatomical gift on another’s behalf by any other record signed by the individual giving the authorization.

(4) “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.

(5) “Decedent” means a deceased individual and includes a stillborn infant or fetus.

(6) “Department” means the Delaware Department of Health and Social Services.

(7) “Designated requestor” means a hospital employee completing a course offered by the OPO on how to approach potential donor families and request organ and tissue donation.

(8) “Document of gift” means a donor card or other record used to make, amend, or revoke an anatomical gift. The term includes a statement or symbol on a driver’s license or identification card or in a donor registry.

(9) “Donate Life Delaware Registry” means that subset of persons in the Department of Transportation’s driver’s license and photo identification card database or any expanded or successor database who have elected to include the donor designation on their record.

(10) “Donee” means a person authorized to receive an anatomical gift.

(11) “Donor” means an individual who makes a gift of all or part of the individual’s body.

(12) “Donor registry” means a database which contains records of anatomical gifts. The term includes the Donate Life Delaware Registry.

(13) “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.

(14) “Fund” means the Organ and Tissue Donor Awareness Trust Fund.

(15) “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.

(16) “Know” means to have actual knowledge.

(17) “Medical examiner” means the Chief Medical Examiner, a Deputy Medical Examiner, an Assistant Medical Examiner, or their designee.

(18) “Minor” means an individual who is under 18 years of age.

(19) “OPO” means the federally certified organ procurement organization for the State.

(20) “Part” includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and “part” includes “parts.”

(21) “Person” means an individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association or any other legal entity.

(22) “Person authorized or obligated to dispose of a decedent‘s body” means any of the following without regard to order or priority:

a. A medical examiner having jurisdiction over the decedent‘s body.

b. A warden or director of a correctional facility where the decedent was incarcerated.

c. An individual who is otherwise authorized or obligated to dispose of a decedent’s body.

d. An official of an entity that is otherwise authorized or obligated to dispose of a decedent’s body.

(23) “Physician” or “surgeon” means a physician or surgeon licensed or authorized to practice under the laws of any state.

(24) “Prospective donor” means a person who is dead or whose death is imminent and has been determined by the OPO to have a part that could be medically suitable for transplantation, therapy, research, or education.

(25) “Reasonably available” means able to be contacted by the OPO, eye bank or tissue bank through the exercise of reasonable due diligence and willing and able to act in a timely manner consistent with existing medical criteria necessary to make an anatomical gift.

(26) “Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted.

(27) “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.

(28) “Recovery specialist” means a medical professional licensed by this or another state or technician trained in accordance with federal standards pursuant to 42 U.S.C. § 274(b) and nationally accredited standards for human body part removal.

(29) “State” includes a state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America.

(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.

24 Del. C. 1953, § ?1780; 57 Del. Laws, c. 445, § ?2; 65 Del. Laws, c. 487, § ?3; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 453, § ?2; 73 Del. Laws, c. 329, § ?58; 80 Del. Laws, c. 182, § ?1;

Terms Used In Delaware Code Title 16 Sec. 2710

  • 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. See Delaware Code Title 16 Sec. 2710
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Decedent: means a deceased individual and includes a stillborn infant or fetus. See Delaware Code Title 16 Sec. 2710
  • Department: means the Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 2710
  • Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
  • Donate Life Delaware Registry: means that subset of persons in the Department of Transportation's driver's license and photo identification card database or any expanded or successor database who have elected to include the donor designation on their record. See Delaware Code Title 16 Sec. 2710
  • Donor: The person who makes a gift.
  • Donor: means an individual who makes a gift of all or part of the individual's body. See Delaware Code Title 16 Sec. 2710
  • Donor registry: means a database which contains records of anatomical gifts. See Delaware Code Title 16 Sec. 2710
  • 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. See Delaware Code Title 16 Sec. 2710
  • Fund: means the Organ and Tissue Donor Awareness Trust Fund. See Delaware Code Title 16 Sec. 2710
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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. See Delaware Code Title 16 Sec. 2710
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical examiner: means the Chief Medical Examiner, a Deputy Medical Examiner, an Assistant Medical Examiner, or their designee. See Delaware Code Title 16 Sec. 2710
  • OPO: means the federally certified organ procurement organization for the State. See Delaware Code Title 16 Sec. 2710
  • Part: includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and "part" includes "parts. See Delaware Code Title 16 Sec. 2710
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association or any other legal entity. See Delaware Code Title 16 Sec. 2710
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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. See Delaware Code Title 16 Sec. 2710
  • State: includes a state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America. See Delaware Code Title 16 Sec. 2710
  • surgeon: means a physician or surgeon licensed or authorized to practice under the laws of any state. See Delaware Code Title 16 Sec. 2710
  • 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. See Delaware Code Title 16 Sec. 2710
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302