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SECTION 4300
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 43
§ 4300. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Anatomical gift" or "gift" means a donation of a whole body or
part of a human body, to take effect after the donor's death, for the
purpose of transplantation, therapy, research or education.

2. "Decedent" means a deceased individual of any age 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 article, a fetus.

3. "Disinterested witness" means a witness other than the spouse,
domestic partner, child, parent, sibling, grandchild, grandparent, or
guardian of the individual who makes, amends, revokes, or refuses to
make an anatomical gift, or a close friend, or another adult who is
related to the decedent by blood, marriage, or adoption.

4. "Document of gift" means an organ donor card, whole body donor
card, driver's license authorization to make an anatomical gift,
pursuant to paragraph (a) of subdivision one of section five hundred
four of the vehicle and traffic law, authorization to make an anatomical
gift pursuant to any of the methods in subdivision five of section
forty-three hundred ten of this article, or any other written
authorization for an anatomical gift. The term "document of gift"
includes a statement on a driver's license, identification card,
enrollment in a donor registry, or any other anatomical gift document
valid pursuant to the laws of this or any other state or of any document
of gift valid pursuant to the laws of any other country appearing on a
list of countries maintained by the commissioner for such purpose and
published on the department's website.

5. "Domestic partner" has the same meaning as described in subdivision
seven of section twenty-nine hundred ninety-four-a of this chapter.

6. "Donee" means an individual or entity authorized to accept an
anatomical gift pursuant to section forty-three hundred two of this
article.

7. "Donor" means an individual whose body or part is the subject of an
anatomical gift.

8. "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.

9. "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.

10. "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.

11. "Non-transplant anatomic bank" means any person or facility that
solicits, retrieves, performs donor selection and/or testing, preserves,
transport, allocates, distributes, acquires, processes, stores, or
arranges for the storage of non-transplant anatomic parts, including
whole bodies, body segments, organs, or tissues from living or deceased
donors, for education and/or research purposes specifically authorized
by section forty-three hundred two of this article. The following shall
not constitute a non-transplant anatomic bank:

(a) Any person or entity that stores non-transplant anatomic parts,
except whole bodies and body segments, solely for purposes of research
and/or education conducted by such person; provided the person or entity
maintains on its premises a properly executed anatomical gift consent
document, and

(i) such person or entity is a legal donee pursuant to section
forty-three hundred two of this article and obtains all organs/tissues
from a tissue bank or non-transplant anatomic bank licensed by the
department; or

(ii) is a general hospital conducting pathology services or research
on non-transplant anatomic parts including whole bodies, recovered from
within the facility from a living or deceased source;

(b) Any person or entity whose activities within the state of New York
are limited to distribution of non-transplant anatomic parts to a tissue
bank or non-transplant anatomic bank licensed by the department;

(c) Any person or entity that uses prepared slides and/or
human-derived stem cell lines for purposes of education and/or research;
and

(d) An employee of the federal government, provided an anatomical gift
consent document has been executed in accordance with section
forty-three hundred one of this article.

12. "Organ" shall have the same definition as in article forty-three-B
of this chapter, but shall not be applied to heart valves for the
purposes of this article.

13. "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.

14. "Parent" means a parent whose parental rights have not been
terminated.

15. "Part" of a body means and includes organs, tissues, eyes, bones,
arteries, blood, other fluids and other portions of a human body, and
"part" includes "parts". The term does not include the whole body.

16. "Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.

17. "Physician" or "surgeon" means a physician or surgeon licensed or
authorized to practice under the laws of any state.

18. "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.

19. "Procurement organization" means an eye bank, organ procurement
organization, or tissue bank.

20. "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.

21. "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.

22. "Refusal" means a record created under section forty-three hundred
five of this article that expressly states an intent to bar other
persons from making an anatomical gift.

23. "State" includes any state, district, commonwealth, territory,
insular possession, and any other area subject to the legislative
authority of the United States of America.

24. "Tissue bank" means a person that is licensed, accredited, or
regulated under federal or state law to solicit, retrieve, perform donor
selection and/or testing, preserve, transport, allocate, distribute,
acquire, process, store or arrange for the storage of human tissues for
transplantation, transfer, therapy, artificial insemination or
implantation, including autogeneic procedures.

25. "Whole body" means the intact corporeal remains of an individual
after the time of death.

26. "Whole body donor card" means a card or other writing indicating
the donor's authorization to make an anatomical gift of a whole body to
a non-transplant anatomic bank or other donee for purposes of education
or research.