A. When a hospital refers an individual at or near death to an organ procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to determine if the individual has made an anatomical gift.

Terms Used In Arizona Laws 36-852

  • 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
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. 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
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Arizona Laws 36-841
  • Donor registry: means a database that contains records of anatomical gifts. See Arizona Laws 36-841
  • Eye bank: means a person that is licensed or regulated under federal or state law or is accredited by a nationally recognized accrediting agency to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes. 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
  • Minor: means an individual who is under eighteen years of age. See Arizona Laws 36-841
  • Organ procurement organization: means a person that is designated by the secretary of the United States department of health and human services as an organ procurement organization. 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

  • Prospective donor: means an individual who is dead or near death and who has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. See Arizona Laws 36-841
  • Refusal: means a record created pursuant to section 36-846 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. 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
  • Tissue: means all or a portion of the human body other than blood, an organ or an eye unless the blood, organ or eye is donated for the purpose of research or education. See Arizona Laws 36-841
  • Tissue bank: means a person that is licensed or regulated under federal or state law or is accredited as a tissue bank by a nationally recognized accrediting agency to engage in the recovery, screening, testing, processing, storage or distribution of tissue. See Arizona Laws 36-841

B. A procurement organization must be allowed reasonable access to information in the records of the donor registry to determine if an individual at or near death is a donor.

C. When a hospital refers an individual at or near death to an organ procurement organization, the organ procurement organization or the appropriate eye bank or tissue bank 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.

D. Unless otherwise prohibited by law, at any time after a donor’s death, the person to which a part passes pursuant to section 36-850 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

E. Unless otherwise prohibited by law, an examination pursuant to subsection C or D of this section may include an examination of all medical and dental records of the donor or prospective donor.

F. On the death of a minor who was a donor or who had signed a refusal, unless a procurement organization knows the minor is emancipated, the appropriate procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

G. On referral by a hospital pursuant to subsection A of this section, the appropriate procurement organization must make a reasonable search for any person listed in section 36-848 who has priority to make an anatomical gift on behalf of a prospective donor.  If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.

H. Subject to the requirements of section 36-850, subsection I and section 36-861, the rights of the person to which a part passes pursuant to section 36-850 are superior to the rights of all others with respect to the part.  The person may accept or reject an anatomical gift in whole or in part.  Subject to the terms of the document of gift and this article, a person who accepts an anatomical gift of an entire body may allow embalming, burial or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes pursuant to section 36-850, on the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.

I. The physician who attends the decedent at death and the physician who determines the time of the decedent’s death may not participate in the procedures for removing or transplanting a part from the decedent.

J. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.