§ 68-30-101 Short title
§ 68-30-102 Part definitions
§ 68-30-103 Applicability
§ 68-30-104 Who may make anatomical gift before donor’s death
§ 68-30-105 Manner of making anatomical gift before donor’s death
§ 68-30-106 Amendment or revocation of anatomical gift before donor’s death
§ 68-30-107 Refusal to make anatomical gift – Effect of refusal
§ 68-30-108 Preclusive effect of anatomical gift, amendment or revocation
§ 68-30-109 Who may make anatomical gift of decedent’s body or part
§ 68-30-110 Manner of making, amending or revoking anatomical gift of decedent’s body or part
§ 68-30-111 Persons that may receive anatomical gift – Purpose of anatomical gift
§ 68-30-112 Search and notification
§ 68-30-113 Delivery of document of gift not required – Right to examine
§ 68-30-114 Rights and duties of procurement organization and others
§ 68-30-115 Immunity
§ 68-30-116 Law governing validity – Choice of law as to execution of document of gift – Presumption of validity
§ 68-30-117 Effect of anatomical gift on advance healthcare directive
§ 68-30-118 Uniformity of application and construction
§ 68-30-119 Relation to Electronic Signatures in Global and National Commerce Act
§ 68-30-120 Gift of entire body to medical school

Terms Used In Tennessee Code > Title 68 > HEALTH > Chapter 30 > Part 1 - Revised Uniform Anatomical Gift Act (§§ 68-30-101 — 68-30-120)

  • Adult: means an individual who is at least eighteen (18) years of age. See Tennessee Code 68-30-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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. See Tennessee Code 68-30-102
  • 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 purpose of transplantation, therapy, research, or education. See Tennessee Code 68-30-102
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • committees: means the state insurance committee created in §. See Tennessee Code 8-27-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Decedent: A deceased person.
  • Decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this part, a fetus. See Tennessee Code 68-30-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • 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. See Tennessee Code 68-30-102
  • Document of gift: includes a statement or symbol on a driver license, identification card, or donor registry. See Tennessee Code 68-30-102
  • Donee: The recipient of a gift.
  • 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
  • Employer: means :
    (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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: 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
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
  • 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.
  • Know: means to have actual knowledge. See Tennessee Code 68-30-102
  • Legatee: A beneficiary of a decedent
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
  • Minor: means an individual who is under eighteen (18) years of age. See Tennessee Code 68-30-102
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • 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
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Tennessee Code 68-30-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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
  • profit: means the excess revenue over expenditures prior to the expenditure of the amount which may be optionally made available for employees in cash or placed in trust by the state on behalf of the employees under the plan. See Tennessee Code 8-25-302
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Refusal: means a record under §. See Tennessee Code 68-30-102
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Retiree: as used in this part , means any former state employee, higher education employee, or teacher receiving a monthly retirement allowance from the Tennessee consolidated retirement system, or the optional retirement system established in §. See Tennessee Code 8-27-209
  • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
  • Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sign: means , with the present intent to authenticate or adopt a record:
    (A) To execute or adopt a tangible symbol. 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
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
  • Statute: A law passed by a legislature.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Technician: includes an enucleator. 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
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105