A. The medical examiner or individual legally delegated that authority may release and permit the removal of a part from or all of a body within the custody of that official for transplantation, therapy, research or education pursuant to Title 11, Chapter 3, Article 12 if the part is the subject of an anatomical gift and:

Terms Used In Arizona Laws 36-860

  • 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
  • Decedent: A deceased person.
  • 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.
  • Know: means to have actual knowledge. See Arizona Laws 36-841
  • Organ procurement organization: means a qualified organ procurement organization under 42 United States Code § 273 that is currently certified or recertified in accordance with that federal law. 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

  • 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
  • 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

1. A request has been received from a procurement organization.

2. The organ procurement organization has made a reasonable effort, taking into account the useful life of the part, to locate and examine the decedent‘s medical records and, if the decedent has not executed a document of gift or has not refused to make an anatomical gift, inform persons listed in section 36-848, subsection A, of the person‘s option to make or object to making an anatomical gift.

3. The official does not know of a refusal by the decedent or an objection by a person having priority to act as listed in section 36-848, subsection A.

4. The removal will be by a physician, surgeon or trained technician.

5. The removal will be in accordance with accepted medical standards.

6. The removal will not interfere with any death investigation.

7. Cosmetic restoration will be done, if appropriate.

B. An official who releases and permits the removal of a part shall maintain a permanent record of the name of the decedent, the person making the request, the date and purpose of the request, the part requested and the person to whom it was released.

 

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