As used in this part, unless the context otherwise requires:

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

Terms Used In Tennessee Code 68-30-102

  • 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 Tennessee Code 68-30-102
  • 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.
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Tennessee Code 68-30-102
  • Donor registry: means a database that contains records of anatomical gifts. See Tennessee Code 68-30-102
  • Driver license: means a license or permit issued by the department of safety to operate a vehicle, whether or not conditions are attached to the license or permit. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • 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.
  • 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. See Tennessee Code 68-30-102
  • Parent: means a parent whose parental rights have not been terminated. See Tennessee Code 68-30-102
  • Part: means an organ, an eye, or tissue of a human being. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • 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
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • Refusal: means a record under §. See Tennessee Code 68-30-102
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • 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 Tennessee Code 68-30-102
  • Tissue: means a portion of the human body other than an organ or an eye. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) “Agent” means an individual:

(A) Authorized to make healthcare decisions on the principal’s behalf by a power of attorney for healthcare or an advance directive; 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, if specified, is or may be the source of an anatomical gift. “Decedent” includes a stillborn infant and, subject to restrictions imposed by law other than this part, a fetus;
(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. “Disinterested witness” does not include a person to which an anatomical gift could pass under § 68-30-110;
(6) “Document of gift” means a donor card or other record used to make an anatomical gift. “Document of gift” includes a statement or symbol on a driver 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;
(9) “Driver license” means a license or permit issued by the department of safety 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. “Guardian” 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) “Know” means to have actual knowledge;
(14) “Minor” means an individual who is under eighteen (18) years of age;
(15) “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;
(16) “Parent” means a parent whose parental rights have not been terminated;
(17) “Part” means an organ, an eye, or tissue of a human being. “Part” does not include the whole body;
(18) “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;
(19) “Physician” means an individual authorized to practice medicine or osteopathy 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 part that could be medically suitable for transplantation, therapy, research, or education. “Prospective donor” 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 decedent‘s 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 under § 68-30-107 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or 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 parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. “Technician” includes an enucleator;
(29) “Tissue” means a portion of the human body other than an organ or an eye. “Tissue” 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; and
(31) “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
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