7150.10
. (a) As used in this chapter, the following terms have the
following meanings:
(1) "Adult" means an individual who is at least 18 years of age.
(2) "Agent" means an individual who meets either of the following
criteria:
(A) He or she is authorized to make health care decisions on the
principal's behalf by a power of attorney for health care.
(B) He or she is 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 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 chapter, 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, or another adult who exhibited special care and
concern for the individual. The term does not include a person to
which an anatomical gift could pass under Section 7150.50.
(6) "Document of gift" means a donor card or other record used to
make an anatomical gift. The term includes a statement recorded on
the Donate Life California Organ and Tissue Donor Registry or other
donor registry.
(6.5) "Domestic partner" means a person who is registered under
Section 297 of the Family Code, or otherwise recognized under the law
of any state as a domestic partner.
(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 and amendments to or revocations of anatomical
gifts, including, but not limited to, the Donate Life California
Organ and Tissue Donor Registry.
(9) "Driver's license" means a license or permit issued by the
Department of Motor Vehicles 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. The term 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) "Identification card" means an identification card issued by
the Department of Motor Vehicles.
(14) "Know" means to have actual knowledge.
(15) "Minor" means an individual who is under 18 years of age.
(16) "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.
(17) "Parent" means a parent whose parental rights have not been
terminated.
(18) "Part" means an organ, an eye, or tissue of a human being.
The term does not include the whole body.
(19) "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.
(20) "Physician" means an individual authorized to practice
medicine or osteopathy under the law of any state.
(21) "Procurement organization" means an eye bank, organ
procurement organization, or tissue bank.
(22) "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.
(23) "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.
(24) "Recipient" means an individual into whose body a decedent's
part has been, or is intended to be, transplanted.
(25) "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.
(26) "Refusal" means a record created under Section 7150.30 that
expressly states an intent to bar other persons from making an
anatomical gift of an individual's body or part.
(27) "Sign" means, to do either of the following with the present
intent to authenticate or adopt a record:
(A) Execute or adopt a tangible symbol.
(B) Attach to or logically associate with the record an electronic
symbol, sound, or process.
(28) "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.
(29) "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. The
term includes an enucleator.
(30) "Tissue" means a portion of the human body other than an
organ or an eye. The term does not include blood, unless a blood
sample is needed for the purpose of research or education.
(31) "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.
(32) "Transplant hospital" means a hospital that furnishes organ
transplants and other medical and surgical specialty services
required for the care of transplant patients.
(b) This chapter applies to an anatomical gift or amendment to,
revocation of, or refusal to make an anatomical gift, whenever made.