A. If the terms of a prospective donor‘s living will or health care directive and the express or implied terms of an anatomical gift made by the prospective donor, or made by any other person, appear to be in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, appropriate consultation shall occur to determine the prospective donor‘s actual or likely intent in resolving that conflict.  Resolution of the conflict shall occur as expeditiously as possible.  If the prospective donor is unable to resolve the conflict, another person authorized by law to make health care decisions on behalf of the prospective donor shall resolve the conflict. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing of the measures is not contraindicated by appropriate end of life care.

Terms Used In Arizona Laws 36-859

  • Agent: means an individual who is either:

    (a) Authorized to make health care decisions on the principal's behalf pursuant to a health care power of attorney. See Arizona Laws 36-841

  • 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: The person who makes a gift.
  • 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.
  • 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

  • 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. For the purposes of subsection A of this section, appropriate consultation must include the prospective donor’s attending physician, the hospital‘s ethics committee or, if none, a designated representative of the hospital, and the agent acting under the prospective donor’s health care directive or, if none, any other individual authorized by law to make health care decisions on behalf of the prospective donor and may include the appropriate procurement organization and any other person authorized to make an anatomical gift pursuant to section 36-848.  If the appropriate consultation does not resolve the conflict, the agent acting under the prospective donor’s health care directive or, if none, any other individual authorized by law to make health care decisions on behalf of the prospective donor, or the majority of such individuals, is empowered to make the final decision of how to proceed.

C. For the purposes of this section:

1. "Health care decision" means any decision made regarding the health care of the prospective donor.

2. "Health care directive" has the same meaning prescribed in section 36-3201.

3. "Living will" has the same meaning prescribed in section 36-3201.