A. A person is not subject to civil liability, criminal prosecution or administrative proceedings for good faith acts or omissions related to procurement of parts in compliance with this article. All acts and omissions are presumed to be in good faith unless the acts or omissions are done with intent to maliciously cause injury.
Terms Used In Arizona Laws 36-856
- 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
- Donor: means an individual whose body or part is the subject of 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.
- 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
- 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
B. A person who makes an anatomical gift and the donor‘s estate are not subject to civil or criminal liability for any injury or damage that results from the making or use of the gift.
C. In determining whether an anatomical gift has been made, amended or revoked pursuant to this article, a person may rely on representations of an individual listed pursuant to section 36-848, subsection A, paragraph 2, 3, 4, 5, 6, 7 or 8 relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.