A. A person who is authorized to make an anatomical gift pursuant to section 36-848 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or that is contemporaneously reduced to a record and that is signed by the individual receiving the oral communication.
Terms Used In Arizona Laws 36-849
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research or education. See Arizona Laws 36-841
- Document of gift: means a donor card or other record that is used to make an anatomical gift. See Arizona Laws 36-841
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Hospital: means a facility that is licensed as a hospital under the laws of any state or that is operated as a hospital by the United States, a state or a subdivision of a state. See Arizona Laws 36-841
- Part: means an organ, eye or tissue of a human being. See Arizona Laws 36-841
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Arizona Laws 36-841
- Physician: means an individual who is licensed as a physician pursuant to title 32, chapter 13 or 17. See Arizona Laws 36-841
- Procurement organization: means any of the following:
(a) An organ procurement organization. See Arizona Laws 36-841
- 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. See Arizona Laws 36-841
- Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Arizona Laws 36-841
- 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. See Arizona Laws 36-841
- Technician: means an individual who is determined to be qualified to remove or process parts by an appropriate organization that is licensed or regulated under federal or state law or is accredited by a nationally recognized accrediting agency. See Arizona Laws 36-841
B. Subject to the requirements of subsection C of this section, an anatomical gift by a person who is authorized pursuant to section 36-848 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized pursuant to section 36-848 may be either:
1. Amended only if a majority of the reasonably available members agree to the amending of the gift.
2. Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
C. A revocation pursuant to subsection B of this section is effective only if, before an incision has been made to remove a part from the donor‘s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician or technician knows of the revocation.