Terms Used In Hawaii Revised Statutes > Chapter 452

• Agent: means an individual:

       (1)  Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

       (2)  Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Hawaii Revised Statutes 327-2

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education. See Hawaii Revised Statutes 327-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Body part: means an eye or other organ, or tissue of a human being. See Hawaii Revised Statutes 327-2
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: means a deceased individual whose body or body part is or may be the source of an anatomical gift. See Hawaii Revised Statutes 327-2
• Dependent: A person dependent for support upon another.
• Disinterested witness: means a witness other than the spouse, reciprocal beneficiary, 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. See Hawaii Revised Statutes 327-2
• Document of gift: means a donor card or other record used to make an anatomical gift. See Hawaii Revised Statutes 327-2
• Donor: means an individual whose body or body part is the subject of an anatomical gift. See Hawaii Revised Statutes 327-2
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Hawaii Revised Statutes 327-2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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 Hawaii Revised Statutes 327-2
• Felony: A crime carrying a penalty of more than a year in prison.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual. See Hawaii Revised Statutes 327-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care provider: means a program, agency, clinic, health care center, physician licensed under the provisions of chapter 453, advanced practice registered nurse licensed under the provisions of chapter 457, pharmacist licensed under the provisions of chapter 461, physician's assistant licensed under the provisions of chapter 453, person authorized to practice medicine as a physician or physician's assistant, or nursing as an advanced practice registered nurse, in federal facilities located in the State, that administers immunizations in Hawaii, or any other person authorized to prescribe vaccinations in Hawaii. See Hawaii Revised Statutes 325-121
• Health care provider: means a program, agency, clinic, health care center, physician licensed under the provisions of chapter 453, advanced practice registered nurse licensed under the provisions of chapter 457, pharmacist licensed under the provisions of chapter 461, physician's assistant licensed under the provisions of chapter 453, person authorized to practice medicine as a physician or physician's assistant, or nursing as an advanced practice registered nurse, in federal facilities located in the State, that administers immunizations in Hawaii, or any other person authorized to prescribe vaccinations in Hawaii. See Hawaii Revised Statutes 325-121 v2
• Health organization: means a health insurance company, fraternal benefit society governed by article 2 of chapter 432, mutual benefit society governed by article 1 of chapter 432, health care service plan or health maintenance organization governed by chapter 432D, or any other entity delivering or issuing for delivery in the State accident and health or sickness insurance as defined in section 431:1-205. See Hawaii Revised Statutes 325-121
• 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. See Hawaii Revised Statutes 327-2
• Identification card: means an identification card issued by a state or county authority or a driver's license issued by the examiner of drivers. See Hawaii Revised Statutes 327-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
• Organ procurement organization: means a person designated by the United States Secretary of Health and Human Services as an organ procurement organization. See Hawaii Revised Statutes 327-2
• Parent: means a parent whose parental rights have not been terminated. See Hawaii Revised Statutes 327-2
• 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, 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. See Hawaii Revised Statutes 327-2
• Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Hawaii Revised Statutes 327-2
• Post-secondary school: means any adult education school, business school, trade school, community college, college, or university enrolling or registering students above the age of compulsory attendance. See Hawaii Revised Statutes 325-121
• 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}
• Probate: Proving a will
• Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Hawaii Revised Statutes 327-2
• 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. See Hawaii Revised Statutes 327-2
• 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. See Hawaii Revised Statutes 327-2
• Recipient: means an individual into whose body a decedent's body part has been or is intended to be transplanted. See Hawaii Revised Statutes 327-2
• Reciprocal beneficiary: means a party to a valid reciprocal beneficiary relationship as defined in chapter 572C. See Hawaii Revised Statutes 327-2
• 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 Hawaii Revised Statutes 327-2
• Refusal: means a record created under section 327-7 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or body part. See Hawaii Revised Statutes 327-2
• Registry: means the Hawaii immunization registry. See Hawaii Revised Statutes 325-121
• Registry: means the Hawaii immunization registry. See Hawaii Revised Statutes 325-121 v2
• School: means any child care center, preschool, day care center, day nursery, head start program, group child care home, kindergarten, elementary, intermediate, middle, or secondary school that is responsible for ensuring student compliance with mandatory school immunization entrance requirements. See Hawaii Revised Statutes 325-121
• Sign: means , with the present intent to authenticate or adopt a record:

       (1)  To execute or adopt a tangible symbol; or

       (2)  To attach or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 327-2

• 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. See Hawaii Revised Statutes 327-2
• Statute: A law passed by a legislature.
• Student: means any child or adult enrolled in any school or post-secondary school in the State. See Hawaii Revised Statutes 325-121
• Subpoena: A command to a witness to appear and give testimony.
• 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. See Hawaii Revised Statutes 327-2
• Tissue: means a portion of the human body other than an organ or an eye. See Hawaii Revised Statutes 327-2
• 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 Hawaii Revised Statutes 327-2