§ 25-56-103. Definitions

As used in this article 56, unless the context otherwise requires:

1. “Anatomical gift” means the donation of part of a human body for the purpose of transplantation to another person.
2. “Auxiliary aids or services” means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability, and is available in a format or manner that allows the individual to better understand the information.
3. “Covered entity” means a health-care practitioner, as defined in section 12-30-103 (4)(a); a health facility licensed pursuant to section 25-1.5-103; and a correctional facility, as defined in section 24-4.1-302 (1.3).
4. “Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12102 (1), as amended.
5. “Organ transplant” means the transplantation or transfusion of an anatomical gift into the body of another person for the purpose of treating or curing a medical condition.
6. “Qualified recipient” means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:
   1. Individuals or entities available to support and assist the individual with an anatomical gift or transplantation;
   2. Auxiliary aids or services;
   3. Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:
      1. Communication with one or more individuals or entities available to support or assist with the recipient’s care and medication after surgery or transplantation; or
      2. Consideration of support networks available to the individual, including family members, friends, home and community-based services the individual is enrolled in, or any program or source of funding available to the individual when determining whether the individual is able to comply with post-transplant medical requirements.

Source: L. 2021: Entire article added, (HB 21-1169), ch. 99, p. 397, § 1, effective May 6.