REFERENCE TITLE: anatomical gifts; presumption; opt-out
State of Arizona
House of Representatives
Second Regular Session
Representatives Peten: Cano, DeGrazia, Fernandez, Friese, Gabaldón, Lieberman, Powers Hannley, Rodriguez, Salman, Teller
Amending section 28‑3006, Arizona Revised Statutes; repealing title 36, chapter 7, article 3, Arizona Revised Statutes; amending title 36, chapter 7, Arizona Revised Statutes, by adding a new article 3; relating to organ donation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3006, Arizona Revised Statutes, is amended to read:
28-3006. License and permit applications; anatomical gift refusal form; transmittal of information to refusal registry
A. The director shall establish procedures:
1. To allow a person applying for a driver license, permit or nonoperating identification license pursuant to this chapter to indicate during the application process the person's preference to not be an organ or tissue donor. An indication that the applicant wishes does not wish to be an organ or tissue donor is considered to be a document of gift refusal to make an anatomical gift. The person shall complete an anatomical gift refusal form prescribed by the director.
2. For the To release of information contained in the driving record of a person who executes a document of gift completes an anatomical gift refusal form that indicates a preference to not be an organ or tissue donor if the release is for the purpose of being registered in the donor registry maintained pursuant to section 36‑858. This information shall be transmitted to the department of health services for inclusion in the refusal registry developed pursuant to title 36, chapter 7, article 3.
B. In consultation with an organ procurement organization of this state, the director may prescribe the form and content of an indicia to be placed on a driver license, permit or nonoperating identification license issued by the department indicating the person's wishes to be an organ or tissue donor.
C. The department shall not implement this section unless the organ procurement organization that is located in this state and that meets the requirements of section 371 of the public health service act (58 Stat. 682; 42 United States Code section 273) provides adequate funding to the department to cover the costs the department will incur in implementing this section.
D. For the purposes of this section, "document of gift" has the same meaning prescribed in section 36‑841.
Sec. 2. Repeal
Title 36, chapter 7, article 3, Arizona Revised Statutes, is repealed.
Sec. 3. Title 36, chapter 7, Arizona Revised Statutes, is amended by adding a new article 3, to read:
ARTICLE 3. ANATOMICAL GIFTS
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. "Disinterested witness":
(a) Means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibits special care and concern for the individual.
(b) Does not include a person to whom an anatomical gift could pass.
3. "Donor" means an individual whose body or part is the subject of an anatomical gift.
4. "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.
5. "Parent" means a parent whose parental rights have not been terminated.
(a) Means an organ, an eye or the tissue of a human being.
(b) Does not include the whole body.
7. "Tissue" means all or a portion of the human body other than blood, an organ or an eye unless the blood, organ or eye is donated for the purpose of research or education.
36-842. Presumed consent; consent for minors
A. Each resident of this state who is eighteen years of age or older is presumed to consent to making an anatomical gift of some or all of the individual's organs, eyes or tissues, or a combination of these, on the individual's death for the purpose of transplantation, therapy, research or education. Consent is not presumed for the donation of a resident's entire body for research purposes unless the donor makes an affirmative gift of the donor's entire body for research purposes in an advance directive, a will or another written record signed by the donor or by another individual acting at the direction of the donor if the donor is physically unable to sign and the signing is witnessed by at least two adults.
36-843. Refusal to make an anatomical gift; revocation 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 that is made by the individual during the individual's terminal illness or injury and that is addressed to at least two adults, at least one of whom is a disinterested witness.
B. A record signed by another individual 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 the record at the individual's request.
2. State that the record 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 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.
36-844. Sale or purchase of parts; violation; classification
A. Except as provided in subsection B of this section, a person may not knowingly purchase or sell, for valuable consideration, a part for transplantation or therapy if removal of the part from an individual is intended to occur after the individual's death.
B. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.
C. A person who violates subsection A of this section is guilty of a class 3 felony.
36-845. Hospitals; coordination of procurement and use
Each hospital in this state shall enter into agreements or affiliations with organ procurement organizations to coordinate the procurement and use of anatomical gifts.
36-846. Refusal registry; rules; interdepartmental agreement; information transfer; requirements
A. The department of health services shall adopt rules to establish and maintain a refusal registry to identify individuals who have specifically refused to make an anatomical gift.
B. The director of the department of transportation and the director of the department of health services shall enter into a data use agreement for the purpose of transmitting information identifying residents of this state who, at the time of being issued a driver license, permit or nonoperating identification license, completed an anatomical gift refusal form pursuant to section 28‑3006 and including that information in a refusal registry maintained by the department of health services.
C. The refusal registry shall:
1. Contain a database naming all individuals who have specifically refused to make an anatomical gift and provide a mechanism for a refusal to be removed from the database.
2. Be accessible to all organ procurement organizations to allow the organizations to obtain relevant information from the registry to determine, at or near the time of an individual's death, whether the individual has specifically refused to make an anatomical gift.
3. Be accessible twenty‑four hours per day, seven days per week for the purposes specified in this subsection.
D. Personally identifiable information contained in the refusal registry about an individual may not, except with the express consent of the individual, be used or disclosed by any organ procurement organization for any purpose other than to determine, at or near the time of the individual's death, whether the individual has specifically refused to make an anatomical gift.
Sec. 4. Department of health services; rulemaking; exemption
For the purposes of this act, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, for twelve months after the effective date of this act.