§ 4360. Definitions. The following words or phrases, used in this
article, shall have the following meanings, unless the context otherwise
requires:

1. "Bank" or "storage facility" means any person or facility, which
procures, stores or arranges for the storage of (a) non-transplant
organs, or (b) tissue for transplantation, therapy, education, research,
or fertilization purposes, including autologous procedures. An organ
procurement organization shall not constitute a bank or storage facility
solely by virtue of storing or arranging for the storage of heart
valves, nor shall any person or entity which stores non-transplant
organs or tissues solely for the purpose of research and/or education
conducted by such person or entity be deemed a bank or storage facility.

2. "Controlling person" means any person who by reason of a direct or
indirect ownership interest (whether of record or beneficial) has the
ability, acting either alone or in concert with others with ownership
interests, to direct or cause the direction of the management or
policies of said corporation, partnership, or other entity. Neither the
commissioner nor any employee of the department nor any member of a
local legislative body of a county or municipality, nor any county or
municipal official, shall, by reason of his or her official position, be
deemed a controlling person of any corporation, partnership, or other
entity, nor shall any person who serves as an employee of any
corporation, partnership, or other entity be deemed to be a controlling
person of such corporation, partnership, or other entity as a result of
such position or his or her official actions in such position.

3. "Non-transplant organ" means an organ procured for education or
research purposes.

4. "Organ" means a human kidney, heart, heart valve, lung, pancreas,
liver or any other organ designated by the commissioner in regulation in
consultation with the transplant council.

5. "Organ procurement organization" or "procurement organization"
means a person, facility, or institution engaged in procuring organs for
transplantation or therapy purposes, but does not include (a) facilities
or institutions which permit procurement activities to be conducted on
their premises by employees or agents of an approved organ procurement
organization, or (b) facilities or consortia of facilities which conduct
transplantation activities in accordance with article twenty-eight of
this chapter when the organ is procured through an approved organ
procurement organization, licensed bank or storage facility, or a living
donor. A bank or storage facility shall not constitute an organ
procurement organization solely by virtue of procuring heart valves.

6. "Person" means an individual, corporation, government or
governmental subdivision or agency other than the office of mental
health, business trust, estate trust, partnership or association, or any
other legal entity.

7. "Principal stockholder" means any person who owns (whether of
record or as beneficiary), holds or has the power to vote, ten percent
or more of any class of securities issued by a corporation.

8. "Procure" or "procurement activity" means any activity which is
necessary for the procurement of organs or tissue for transplantation,
research, education, therapy, fertilization, or autologous purposes
including solicitation, retrieval, donor selection and testing, clinical
laboratory testing, including typing, preservation, transportation,
allocation, distribution, storage, and payment activities.

9. "Service area" means the geographic area of service approved by the
secretary of health and human services, or, in the absence of such
approval, by the department.

10. "Tissue" means a human eye, skin, bone, bone marrow, heart valve,
spermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or a
fluid other than blood or a blood derivative.