Question

What are the organ donation laws in Arizona?

Answer 1

The Donor Network of Arizona works with Arizona hospitals to coordinate donation of organs and tissue. When a person dies in an Arizona hospital, the hospital consults the Donate Life AZ Registry to check for organ donor registration. If the patient is not registered they may ask family members to consider a donation. With permission, the Donor Network works to find transplant matches on a national waiting list. Organs are allocated based on need and proximity. If they accept the donation, the Donor Network of Arizona assumes all costs associated with organ and tissue transplantation.

Willed Body Donation Program is available through the University of Arizona, allows for the donation of the entire body. It focuses on medical training and education at the University of Arizona’s medical school campuses, or possibly at other accredited educational institutions.

The program is available to Arizona residents who have registered with the Willed Body Donation Program, and who die in Arizona. At the completion of the program, the donor’s body is cremated and the ashes are scattered – remains are not returned to the donor’s family, and the family is not informed how the donation was used.

A whole body donation may not be accepted if the donor died as a result of severe trauma, had recent surgery or certain communicable diseases (like tuberculosis, MRSA, sepsis, HIV/AIDs, or hepatitis) may lead the program to reject the donation. If the donor was obese; or if the donor’s family objects, the program may decline at the time of death. A donation may be declined if the facility is at capacity, or if too much time has elapsed between the donor’s death and notification given to the Willed Body Donation Office.

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

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 or concurrence of any person after the donor’s death.

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.

in case of person death, 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.