(1) “Agency” means the Agency for Health Care Administration.
(2) “Anatomical gift” or “gift” means a donation of all or part of a human body to take effect after the donor’s death and to be used for transplantation, therapy, research, or education.
(3) “Bank” or “storage facility” means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or body parts.
(4) “Death” means the absence of life as determined, in accordance with currently accepted medical standards, by the irreversible cessation of all respiration and circulatory function, or as determined, in accordance with s. 382.009, by the irreversible cessation of the functions of the entire brain, including the brain stem.
(5) “Decedent” means a deceased individual whose body or body parts may be, or are, the source of an anatomical gift.
(6) “Department” means the Department of Highway Safety and Motor Vehicles.
(7) “Disinterested witness” means a witness other than a person listed in s. 765.512(3) or other family member.
(8) “Document of gift” means any of the documents or mechanisms used in making an anatomical gift under s. 765.514.
(9) “Donor” means an individual who makes an anatomical gift of all or part of his or her body.
(10) “Donor registry” means a database that contains records of anatomical gifts and amendments to, or revocations of, such gifts.
(11) “Eye bank” means an entity that is accredited by the Eye Bank Association of America or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human eye tissue.
(12) “Guardian” means a person appointed pursuant to chapter 744. The term does not include a guardian ad litem.
(13) “Hospital” means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government or a state, or a subdivision thereof, although not required to be licensed under state laws.
(14) “Identification card” means an official identification card issued by a governmental entity, state agency, or subdivision thereof.
(15) “Organ procurement organization” means an entity that is designated as an organ procurement organization by the Secretary of the United States Department of Health and Human Services and that engages in the retrieval, screening, testing, processing, storage, or distribution of human organs.
(16) “Part of the body” or “body part” means an organ, eye, or tissue of a human being. The term does not include the whole body.
(17) “Physician” or “surgeon” means a physician or surgeon licensed to practice under chapter 458 or chapter 459 or similar laws of any state. “Surgeon” includes dental or oral surgeon.
(18) “Procurement” means any retrieval, recovery, processing, storage, or distribution of human organs or tissues for transplantation, therapy, research, or education.
(19) “Procurement organization” means an organ procurement organization, eye bank, or tissue bank.
(20) “Reasonably available” means able to be contacted by a procurement organization in a timely manner without undue effort, and willing and able to act in a manner consistent with existing medical protocols 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) “Sign” or “signed” means, with the present intent to authenticate or adopt a record, to execute or adopt a tangible symbol, or attach to or logically associate an electronic symbol, sound, or process with the record.
(23) “Tissue bank” means an entity that is accredited by the American Association of Tissue Banks or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human tissue.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 973, ch. 97-102; s. 5, ch. 98-68; s. 61, ch. 2001-226; s. 1, ch. 2009-218.
Note.—Created from former s. 736.22; s. 732.911.
Structure Florida Statutes
Chapter 765 - Health Care Advance Directives
Part V - Anatomical Gifts (Ss. 765.510-765.547)
765.510 - Legislative declaration.
765.512 - Persons who may make an anatomical gift.
765.513 - Donees; purposes for which anatomical gifts may be made.
765.514 - Manner of making anatomical gifts.
765.515 - Delivery of donor document.
765.5155 - Donor registry; education program.
765.51551 - Donor registry; public records exemption.
765.516 - Donor amendment or revocation of anatomical gift.
765.517 - Rights and duties at death.
765.5185 - Corneal removal by medical examiners.
765.519 - Enucleation of eyes by licensed funeral directors.
765.521 - Donations as part of driver license or identification card process.
765.523 - Discrimination in access to anatomical gifts and organ transplants prohibited.
765.541 - Certification of procurement organizations; agency responsibilities.
765.542 - Requirements to engage in organ, tissue, or eye procurement.
765.543 - Organ and Tissue Procurement and Transplantation Advisory Board; creation; duties.
765.544 - Fees; organ and tissue donor education and procurement.
765.545 - Physician supervision of cadaveric organ and tissue procurement coordinators.
765.546 - Procurement of cadaveric organs for transplant by out-of-state physicians.
765.547 - Cooperation between medical examiner and procurement organization.