Arizona Anatomical Gift Law

Uniform Anatomical Gift – General – Arizona

Related Arizona Legal Forms

36-841. Definitions

In this article, unless the context otherwise requires:

1. “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.

2. “Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. Decedent includes a stillborn infant and, subject to restrictions imposed by any other law, a fetus.

3. “Document of gift” means a donor card or other record that is used to make an anatomical gift. Document of gift includes a statement or symbol on a driver license, identification card or donor registry. .

4. “Donor” means an individual whose body or part is the subject of an anatomical gift.

5. “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.

6. “Organ procurement agency” means any organ, tissue or eye bank or storage facility that is licensed, accredited or approved under the laws of any state for the storage of human bodies or parts.

7. “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.

8. “Part” means an organ, eye or tissue of a human being. Part does not include the whole body.

9. “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.

10. “Physician” or “surgeon” means a person who is licensed or authorized to practice allopathic or osteopathic medicine or surgery under the laws of any state.

11. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

12. “Trained 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. Technician includes an enucleator.

36-842. Anatomical gifts; execution; amendment; revocation; refusal

A. A person who is at least eighteen years of age may:

1. Make an anatomical gift for any of the purposes stated in section 36-846, subsection A.
2. Limit an anatomical gift to one or more of those purposes.
3. Refuse to make an anatomical gift.

B. A person may make an anatomical gift only by a document of gift signed by the donor. If the donor cannot sign, the document of gift shall be signed by another person and by two witnesses who sign at the direction and in the presence of the donor and of each other and who state in the document that it has been signed in this manner.

C. A person who has executed a document of gift may place a label designated by an organ procurement organization on the person’s driver license to notify others of the document of gift. If a document of gift is attached to or imprinted on a donor’s driver license, the document of gift shall comply with the requirements of subsection B of this section. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.

D. A document of gift may designate a particular physician, surgeon or trained technician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, surgeon or trained technician to carry out the appropriate
procedures.

E. An anatomical gift by will takes effect on the testator’s death, whether or not the will is probated. If after death the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

F. A donor may amend or revoke an anatomical gift not made by will only by:

1. A signed statement.
2. An oral statement made in the presence of two persons.
3. Any form of communication during a terminal illness or injury that is addressed to a physician or surgeon.
4. The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

G. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection f of this section.

H. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent orconcurrence of any person after the donor’s death.

I. A person may refuse to make an anatomical gift of the person’s body or part by:

1. A writing signed in the same manner as a document of gift.
2. A statement attached to or imprinted on a donor’s driver license.
3. Any other writing used to identify the person as refusing to make an anatomical gift.

J. During a terminal illness or injury a person may indicate the person’s refusal by an oral statement or any other form of communication.

K. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under section 36-843 or on a removal or release of other parts under section 36-844.

L. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection I of this section.

36-843. Who may make an anatomical gift before donor’s death

Subject to the requirements of section 36-847, an anatomical gift may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 36-844 by:

1. The donor, if the donor is an adult or is a minor who is either:

(a) Emancipated.

(b) Authorized under state law to apply for a driver license because the donor is at least the youngest age at which an individual may apply for any type of driver license.

2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift.

3. If the donor is an unemancipated minor, a parent of the donor.

4. The donor’s guardian.

36-845. Amending or revoking anatomical gift before donor’s death

A. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may amend or revoke an anatomical gift by:

1. A record signed by either:

(a) The donor.

(b) The other person.

(c) Subject to the requirements of subsection B of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign.

2. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

B. A record signed pursuant to subsection A, paragraph 1, subdivision (c) must:

1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person.

2. State that it has been signed and witnessed as prescribed in paragraph 1 of this subsection.

C. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

D. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.

E. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as prescribed in subsection A of this section.

36-846. Refusal to make anatomical gift; effect of refusal

A. An individual may refuse to make an anatomical gift of the individual’s body or part by:

1. A record signed by either:

(a) The individual.

(b) Subject to the requirements of subsection B of this section, another individual acting at the direction of the individual if the individual is physically unable to sign.

2. The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death.

3. Any form of communication made by the individual during the individual’s terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.

B. A record signed pursuant to subsection A, paragraph 1, subdivision (b) of this section must:

1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual.

2. State that it has been signed and witnessed as prescribed in paragraph 1 of this subsection.

C. An individual who has made a refusal may amend or revoke the refusal:

1. In the manner prescribed in subsection A of this section for making a refusal.

2. By subsequently making an anatomical gift pursuant to section 36-844 that is inconsistent with the refusal.

3. By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

D. Except as otherwise prescribed in section 36-847, subsection H, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.

36-847. Preclusive effect of anatomical gift, amendment or revocation

A. Except as otherwise prescribed in subsections G and H of this section and subject to the requirements of subsection F of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift if the donor made an anatomical gift pursuant to section 36-844 or an amendment to an anatomical gift pursuant to section 36-845.

B. A donor’s revocation of an anatomical gift pursuant to section 36-845 is not a refusal and does not bar another person specified in section 36-843 or 36-848 from making an anatomical gift pursuant to section 36-844 or 36-849.

C. If a person other than the donor makes an unrevoked anatomical gift pursuant to section 36-844 or an amendment to an anatomical gift pursuant to section 36-845, another person may not make, amend or revoke the gift pursuant to section 36-849.

D. A revocation of an anatomical gift pursuant to section 36-845 by a person other than the donor does not bar another person from making an anatomical gift pursuant to section 36-844 or 36-849.

E. In the absence of an express contrary indication by the donor or other person authorized to make an anatomical gift pursuant to section 36-843, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

F. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift pursuant to section 36-843, an anatomical gift of a part for one or more of the purposes described in section 36-843 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person pursuant to section 36-844 or 36-849.

G. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift.

H. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

36-848. Who may make anatomical gift of decedent’s body or part

A. Subject to the requirements of subsections B and C of this section, and unless barred pursuant to section 36-846 or 36-847, an anatomical gift for transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

1. An agent of the decedent at the time of death who could have made an anatomical gift pursuant to section 36-843 immediately before the decedent’s death.

2. The decedent’s spouse.

3. The decedent’s adult children.

4. The decedent’s parents.

5. If the decedent is unmarried, the decedent’s domestic partner, if another person had not assumed financial responsibility for the decedent.

6. The decedent’s adult siblings.

7. The decedent’s adult grandchildren.

8. The decedent’s grandparents.

9. An adult who exhibited special care and concern for the decedent.

10. The persons who were acting as the guardians of the person of the decedent at the time of death.

11. Any other person who has the authority to dispose of the decedent’s body.

B. If there is more than one member of a class that is listed in subsection A, paragraph 1, 3, 4, 5, 6, 7, 8 or 10 of this section who is entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass pursuant to section 36-850 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

C. A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class pursuant to subsection A of this section is reasonably available to make or to object to the making of an anatomical gift.

D. If the decedent’s body is not within the custody of the county medical examiner, the county health officer may release and permit the removal of any part from the body in the county health officer’s custody for transplantation, therapy, education or research if the requirements of section 36-860, subsection A, are met.

36-849. Manner of making, amending or revoking anatomical gift of decedent’s body or part

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.

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.

36-850. Persons who may receive anatomical gifts; purpose of anatomical gift

A. An anatomical gift may be made to the following named in the document of gift:

1. An organ procurement organization.

2. A hospital, accredited medical school, dental school, college, university, procurement organization or any other appropriate person, for research or education.

3. Subject to the requirements of subsection B of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

4. An eye bank or a tissue bank.

B. If an anatomical gift to an individual pursuant to subsection A, paragraph 3 of this section cannot be transplanted into the individual, the part passes pursuant to subsection G of this section in the absence of an express contrary indication by the person making the anatomical gift.

C. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection A of this section but that identifies the purpose for which an anatomical gift may be used, the gift passes:

1. To the appropriate eye bank if the part is an eye and the gift is for the purpose of transplantation or therapy.

2. To the appropriate tissue bank if the part is tissue and the gift is for the purpose of transplantation or therapy.

3. To the organ procurement organization as custodian of the organ if the part is an organ and the gift is for the purpose of transplantation or therapy.

4. To the appropriate procurement organization if the part is an organ, an eye or tissue and the gift is for the purpose of research or education.

D. For the purposes of subsection C of this section, if there is more than one purpose of an anatomical gift stated in the document of gift but the purposes are not stated in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

E. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection A of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section.

F. If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor”, “organ donor” or “body donor”, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section.

G. For the purposes of subsections B, E and F of this section:

1. If the part is an eye, the gift passes to the appropriate eye bank.

2. If the part is tissue, the gift passes to the appropriate tissue bank.

3. If the part is an organ, the gift passes to the organ procurement organization as custodian of the organ.

H. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift pursuant to subsection A, paragraph 3 of this section, passes to the organ procurement organization as custodian of the organ.

I. If an anatomical gift does not pass pursuant to subsection A, B, C, D, E, F, G or H of this section or the decedent’s body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person who is under an obligation to dispose of the body or part pursuant to section 36-831.

J. A person may not accept an anatomical gift if the person knows that the gift was not effectively made pursuant to section 36-844 or 36-849 or if the person knows that the decedent made a refusal pursuant to section 36-846 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made in a document of gift, the person is deemed to know of any amendment of the gift, revocation of the gift or refusal to make an anatomical gift in the same document of gift.

K. Except as otherwise provided in subsection A, paragraph 3 of this section, this article does not affect the allocation of organs for transplantation or therapy.

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