Table 1 Glossary of terms

"Advance health care directive" means a power-of-attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.

"Anatomical gift" means a donation of all or part (an organ, an eye, or tissue) of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. "

"Contrary intent" means a document expressing that no measures to be taken to ensure the medical suitability of an organ for transplantation and authorize and instruct the withholding and/or withdrawing of such medical measures and treatment including life support systems for that purpose.

"Declaration" means a record signed by a prospective donor specifying the circumstances under which life support systems may be withheld or withdrawn from the prospective donor.

"Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.

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

"Health care decision" means any decision regarding the health care of the prospective donor.

"Life support systems" means the use of machines and/or administration of medications for artificial support of vitals organs. Mechanical ventilators support the respiratory system. Medications and/or mechanical means (e.g. external cardiac compression devices, internal cardiac assist devices or artificial heart-lung machines) support the circulatory system.

"Medically suitable organs" means the determination of medical suitability of organs by the organ procurement organization who performs the examination and evaluation of potential donors.

"Organ procurement organization" means a private organization operating under government contract to provide services covering all aspects of deceased organ donation to include 1) donor evaluation, selection and consenting and 2) preparation, recovery and transportation of procured organs. Each organization is assigned to a specific geographic area or donation service area within the US. There are 58 organizations covering all states including the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the US.

"Organ procurement protocols" means medical treatment and surgical procedures performed on donors to ensure successful procurement of viable organs for transplantation.

"Power-of-attorney for health care" means a legally authorized representative to make health care decisions on behalf of an individual in the event of an incapacitating illness and inability to make own health care decisions.

"Prospective donor" means an individual who is dead or near death and has been determined to have one or more parts that could be medically suitable for transplantation, therapy, research, or education. The term includes an individual who made an anatomical gift during life and, therefore, is a donor. The term also includes a non-donor individual at or near the time of death with parts that are medically suitable for donation who could become a donor if the individual's family made an anatomical gift (section 9). The term does not include an individual who made a refusal as the refusal bars other persons from making an anatomical gift on that individual's behalf.

"Refusal" means a record created that expressly states intent to bar other persons from making an anatomical gift of an individual's body or part.

"Section 9 (a)" sets a prioritized list of classes of persons (power-of-attorney for health care, spouse, adult children, parents, adult siblings, adult grandchildren, grandparents, an adult who exhibited special care and concern for the decedent, persons who were acting as the guardians of the person of the decedent at the time of death, any other person having the authority to dispose of the decedent's body) who can make an anatomical gift of a decedent's body or part if the decedent was neither a donor nor had signed a refusal. The same list of classes of persons can be consulted for section 21(b) whether they would be willing to make a gift when the prospective donor is near death.

"Section 14(c)" When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent."

"Section 21(b)" If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this [Act] to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 9. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care."