A.R.S. tit. 36 ch. 7 — Arizona Revised Statutes Title 36 Chapter 7 — Disposition Of Human Bodies

36-803. Power to require records and establish rules and regulations The director of department of health services may require records and information and establish such rules, regulations and procedures in compliance with and in furtherance of this article as are convenient and proper for the discharge of its duties. 36-804. Notice of bodies for burial at public expense; delivery Every public officer, agent and servant of the state, and every county, city, town and public institution supported in whole or in part at public expense, having in his or its possession a dead human body for burial at public expense, shall notify the department within twenty-four hours after obtaining the body, and, upon instruction from the department, to deliver such body without fee or reward to the institution or person designated by the department. 36-805. Disposal of body of person executed at state prison The bodies, or portions thereof, of persons executed at the state prison not claimed by relatives or friends within twenty-four hours after death, may be disposed of for scientific purposes by the superintendent of the prison, with consent of the governor, upon instruction by the department as provided by section 36-804. 36-806. Bodies not subject to disposition under this article A. This article shall not apply: 1. To bodies of persons who have died with smallpox, diphtheria or scarlet fever. 2. If the deceased person during his last illness, without suggestion or solicitation, requested to be buried or cremated. 3. If within twenty-four hours after death or before actual delivery, whichever is longer, a person claiming to be and satisfying the officer in charge of the body that he is of kindred or is related by marriage to the deceased or a duly authorized representative thereof, shall claim the body for burial or cremation or request in writing that it be buried at public expense. 4. If within the time specified in paragraph 3 of this subsection a person claiming to be and satisfying the officer in charge of the body that he is a friend of the deceased, arranges to have the body properly buried or cremated without public expense. B. Nothing in this article shall be construed to prevent any hospital, duly incorporated college or university or any duly licensed physician, surgeon or dentist from acquiring by gift or otherwise from persons having lawful authority to dispose thereof, the dead body of a human being for the purpose of post mortem examinations, dissection or other scientific use. 36-807. Persons and institutions authorized to receive bodies; delivery expenses A. The department or its agent may take and receive or direct the delivery of bodies reported to it as provided by section 36-804 to hospitals, colleges and universities, physicians, surgeons and dentists it deems entitled thereto which have requested in writing to receive them, preference being given to hospitals and institutions of higher learning. B. All expenses of delivery as directed by the department shall be paid by those receiving the body. 36-808. Violation; classification A person who with criminal negligence refuses or fails to perform a duty imposed upon him by the provisions of this article or by rules and regulations of the director is guilty of a petty offense. 36-831. Duty for funeral and disposition arrangements; waiver of decision-making; counties; civil liability; costs; veterans; immunity; definitions A. Except as provided in subsection I or J of this section, the duty of burying the body of or providing other funeral and disposition arrangements for a decedent devolves in the following order: 1. If the decedent was married, on the surviving spouse unless: (a) The decedent was legally separated from the decedent's spouse. (b) A petition for divorce or for legal separation from the decedent's spouse was filed before the person's death and remains pending at the time of death. 2. On the person who is designated as having power of attorney for the decedent in the decedent's most recent health care power of attorney pursuant to chapter 32, article 2 of this title if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains or a durable power of attorney if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains. 3. If the decedent was a minor, on the parents, unless there has been an award of legal decision-making or there is a parenting plan that prescribes which parent has final authority to make legal decisions on behalf of the child. 4. On the adult children of the decedent. 5. On the decedent's parent. 6. On the decedent's adult sibling. 7. On the decedent's adult grandchild. 8. On the decedent's grandparent. 9. On an adult who exhibited special care and concern for the decedent. 10. On the person who was acting as the guardian of the person of the decedent at the time of death. 11. On any other person who has the authority to dispose of the decedent's body. 12. If none of the persons named in paragraphs 1 through 11 of this subsection is financially capable of providing for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, on any person or fraternal, charitable or religious organization willing to assume responsibility. 13. If the decedent was a prisoner in the custody of the state department of corrections at the time of death and none of the persons named in paragraphs 1 through 11 of this subsection is willing to provide for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, on the state department of corrections. B. During a person's life, the person's family members that are listed in subsection A of this section may sign a waiver of decision-making that waives their rights under this section relating to the disposition of the person's body when the person dies. C. If none of the persons named in subsection A of this section is willing or financially able to bury or provide other funeral and disposition arrangements for a deceased person, or if the person cannot be located after reasonable efforts have been made to do so, the county in which death occurs shall bury or place in a permanent care crypt the dead body or cremated remains of a dead body. The county officer who is responsible for determining financial eligibility or abandonment may conduct an investigation for that purpose. If the decedent is known to be an honorably discharged veteran or the surviving spouse of an honorably discharged veteran, the county shall notify the United States department of veterans affairs or a local veteran's organization, or both, of the death and give the department or that organization the opportunity to provide for the person's burial or for other funeral and disposition arrangements. If the department or organization is unable to provide for the burial of the veteran or the surviving spouse, the county shall ensure that the decedent is properly interred and that burial is made in a veterans' cemetery or a portion of a cemetery that is designated for the burial of veterans and spouses of veterans. D. If there is more than one member of a category listed in subsection A, paragraph 3, 4, 5, 6, 7, 8 or 9 of this section entitled to serve as the authorizing agent, final arrangements may be made by any member of that category unless that member knows of any objection by another member of the category. If an objection is known, final arrangements shall be made by a majority of the members of the category who are reasonably available. E. If the county medical examiner or person authorized to perform the duties of the county medical examiner, including a medical student, resident or fellow in pathology training under the supervision of a licensed physician who is trained in forensic pathology, knows that the deceased is a member of a federally recognized Native American tribe located in this state, the county medical examiner or person authorized to perform the duties of the county medical examiner must notify the tribe and give the tribe the opportunity to provide for the person's burial or other funeral and disposition arrangements. If an autopsy is required by section 11-597, the county medical examiner or person authorized to perform the duties of the county medical examiner, if possible, shall complete the autopsy and return the remains to the federally recognized Native American tribe located in this state within four calendar days after the determined date of death. F. A person on whom the duty prescribed in subsection A of this section is imposed who omits or is unwilling to perform that duty within a reasonable time or is prohibited from performing that duty under subsection I of this section is liable to the person performing the duty in an amount of two times the expenses the person incurred in providing for the burial or other funeral and disposition arrangements. The person who performs this duty may recover this amount in a civil action. G. Notwithstanding the probate requirements of title 14, if a county is required to bury a person pursuant to subsection C of this section, the county may recover the burial costs from the decedent's estate. The county may record a lien on the decedent's estate, and the lien takes priority over a beneficiary deed. A financial institution that possesses monies in an account in the decedent's name must reimburse the county for the burial costs on presentation by the county of an affidavit that certifies: 1. The date of the decedent's death. 2. That, pursuant to this section, the county performed the decedent's burial. 3. The total burial costs incurred by the county. H. A person, a corporation or an agency of government that provides for the burial or other funeral and disposition arrangements on the instructions of a person described in subsection A of this section is immune from civil liability: 1. For failing to honor the wishes of the decedent or the wishes of a person who has a higher priority as prescribed in subsection A or C of this section if the person, corporation or agency of government was not aware, after reasonable inquiry, of the contrary wishes. 2. For refusing to follow conflicting directions of persons who have the same priority as prescribed in subsection A of this section. 3. For following directions of a personal representative that are consistent with the written testamentary instructions of the decedent. I. The duty to bury or to provide other funeral and disposition arrangements devolves to the next person in the order prescribed in subsection A of this section if the person who is otherwise responsible for performing this duty is charged with the criminal death of the person to whom the duty is owed and the funeral director is aware of the charge. The person who performs this duty may recover costs as prescribed in subsection F of this section. If the charges against the person on whom this duty originally fell are subsequently dismissed or are resolved in that person's favor on the merits, the person is responsible for only the actual costs. J. If the decedent died while serving in any branch of the United States armed forces, the United States reserve forces or the national guard, and completed a United States department of defense record of emergency data, DD form 93, or its successor form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves on the person authorized by the decedent pursuant to that form. K. A person that possesses unclaimed cremated remains may release to the United States department of veterans affairs or a veterans' service organization verification information associated with the remains to verify whether the remains are of a veteran or a veteran's dependent who is eligible to be interred in a veterans' cemetery if the person has possessed the cremated remains for at least one year, a person described in subsection A of this section has not claimed the cremated remains and the person made a reasonable effort to locate a relative of the decedent to claim the remains. If the person receives notice from the United States department of veterans affairs or a veterans' service organization that the unclaimed cremated remains are the remains of a veteran or a veteran's dependent who is eligible to be interred in a veterans' cemetery, the person may transfer the cremated remains to a veterans' service organization, which must ensure that the cremated remains are interred in a veterans' cemetery or transport the cremated remains to a veterans' cemetery for burial. L. A person that releases verification information pursuant to subsection K of this section or that transfers cremated remains to a veterans' service organization or a veterans' cemetery pursuant to subsection K of this section is immune from civil liability for damages resulting from the release or transfer. A veterans' service organization that inters cremated remains in or transports cremated remains to a veterans' cemetery pursuant to subsection K of this section is immune from civil liability for damages arising from the interment. M. For the purposes of this section: 1. "Person" includes a natural person, a corporation, a company, a partnership, a firm, an association, a society, the United States, this state, any territory, state or country, an Arizona federally recognized Native American tribe, any political subdivision of this state or a public or private corporation, a partnership or association or a veterans' service organization. 2. "Verification information": (a) Means data required by the United States department of veterans affairs to verify whether a person is a veteran or a veteran's dependent and is eligible for burial in a veterans' cemetery. (b) Includes a copy of the person's death certificate and the person's name, service number, social security number, date of birth, date of death and place of birth. 3. "Veterans' service organization" means a veterans' organization that is chartered by the United States Congress, that is recognized by the United States department of veterans affairs or that qualifies as a charitable organization that is recognized under either section 501(c)(3) or 501(c)(19) of the internal revenue code and that is organized for the verification and burial of veterans and their dependents. N. For the purposes of this article, "burial" includes cremation. 36-831.01. Disposition of remains; duty to comply with decedent's wishes; exemption from liability A. If the person on whom the duty of burial is imposed pursuant to section 36-831 is aware of the decedent's wishes regarding the disposition of his remains, that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship. B. No funeral establishment or crematory licensed pursuant to title 32, chapter 12 or 20 or a cemetery certified under title 32, chapter 20, that relies in good faith upon the instructions for disposition of a body given by the person authorized pursuant to section 36-831 shall be subject to civil liability or subject to disciplinary action for disposition of the remains in accordance with the instructions. 36-832. Authorization for post-mortem examination A. In addition to the provisions set forth in section 11-597, whichever of the following assumes custody of the body for purposes of burial may give permission to a licensed physician to conduct a post-mortem examination: 1. Father. 2. Mother. 3. Husband. 4. Wife. 5. Adult child. 6. Guardian. 7. Next of kin. B. In the absence of any of the persons named in subsection A of this section, a friend or one charged with the responsibility of burial may give permission to a licensed physician to conduct a post-mortem examination. 36-841. Definitions In this article, unless the context otherwise requires: 1. "Adult" means an individual who is at least eighteen years of age. 2. "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. (b) Expressly authorized to make an anatomical gift on the principal's behalf pursuant to any other record signed by the principal. 3. "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. 4. "Auxiliary aids and services" means all of the following: (a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with a hearing impairment. (b) Qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with a visual impairment. (c) Information in a format that is readily accessible and understandable to individuals with a cognitive, neurological, developmental or intellectual disability. (d) Acquisition or modification of equipment or devices. (e) Supported decision-making services. (f) Other services and actions similar to those described in subdivisions (a), (b), (c), (d) and (e) of this paragraph. 5. "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. 6. "Disability" has the same meaning prescribed in section 3 of the Americans with disabilities act of 1990 (P.L. 101-336; 104 stat. 327; 42 United States Code section 12102). 7. "Disinterested witness" 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 exhibited special care and concern for the individual. Disinterested witness does not include a person to which an anatomical gift could pass pursuant to section 36-850. 8. "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. 9. "Donor" means an individual whose body or part is the subject of an anatomical gift. 10. "Donor registry" means a database that contains records of anatomical gifts. 11. "Driver license" means a license or permit that is issued pursuant to title 28 to operate a vehicle, whether or not conditions are attached to the license or permit. 12. "Eye bank" means a person that is licensed or regulated under federal or state law or is accredited by a nationally recognized accrediting agency to engage in recovering, screening, testing, processing, storing or distributing human eyes or portions of human eyes. 13. "Guardian" means a person who is appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. Guardian does not include a guardian ad litem. 14. "Health care facility": (a) Means a facility that is licensed, certified or otherwise authorized to provide health care in the ordinary course of business. (b) Includes a hospital, nursing facility, laboratory, intermediate care facility, mental health facility, transplant center and any other facility for individuals with intellectual or developmental disabilities. 15. "Health care provider": (a) Means an individual or facility that is licensed, certified or otherwise authorized to provide health care in the ordinary course of business or professional practice. (b) Includes a physician, hospital, nursing facility, laboratory, intermediate care facility, mental health facility, transplant center and any other facility for individuals with intellectual or developmental disabilities. 16. "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. 17. "Identification card" means a nonoperating identification license that is issued by the motor vehicle division of the department of transportation. 18. "Know" means to have actual knowledge. 19. "Minor" means an individual who is under eighteen years of age. 20. "Nontransplant anatomical donation organization" means a tissue bank or other organization that facilitates nontransplant anatomical donations, including facilitation through referrals, obtaining informed consent or authorization and assessing donor acceptability and through the acquisition, traceability, transporting, preparation, packaging, labeling, storage, release, evaluating intended use, distribution and final disposition of nontransplant anatomical donations. 21. "Organ procurement organization" means a qualified organ procurement organization under 42 United States Code section 273 that is currently certified or recertified in accordance with that federal law. 22. "Parent" means a parent whose parental rights have not been terminated. 23. "Part" means an organ, eye or tissue of a human being. Part does not include the whole body. 24. "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. 25. "Physician" means an individual who is licensed as a physician pursuant to title 32, chapter 13 or 17. 26. "Principal" means a person who is the subject of a health care power of attorney. 27. "Procurement organization" means any of the following: (a) An organ procurement organization. (b) A tissue bank. (c) An eye bank. (d) A storage facility that is licensed, accredited or approved under federal law or the laws of any state to engage in the recovery, screening, testing, processing or storage of human bodies or parts. (e) A nontransplant anatomical donation organization. 28. "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. Prospective donor does not include an individual who has made a refusal. 29. "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. 30. "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted. 31. "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. 32. "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. 33. "Sign", with respect to the present intent to authenticate or adopt a record, means either: (a) To execute or adopt a tangible symbol. (b) To attach to or logically associate with the record an electronic symbol, sound or process. 34. "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. 35. "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. "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. 37. "Tissue bank" means a person that is licensed or regulated under federal or state law or is accredited as a tissue bank by a nationally recognized accrediting agency to engage in the recovery, screening, testing, processing, storage or distribution of tissue. 38. "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. 36-842. Applicability This article applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made. 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. 36-844. Manner of making anatomical gift before donor's death A. A donor may make an anatomical gift: 1. By registering to be a donor on the donor registry established by section 36-858. 2. In a will. 3. During a terminal illness or injury of the donor by any form of communication that is addressed to at least two adults, at least one of whom is a disinterested witness. 4. As provided in subsection B of this section. B. A donor or other person authorized to make an anatomical gift pursuant to section 36-843 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and 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 provided in paragraph 1 of this subsection. C. Revocation, suspension, expiration or cancellation of a driver license or an identification card on which an anatomical gift is indicated does not invalidate the gift. D. An anatomical gift made by will takes effect on the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift. 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. A search and rescue unit established or recognized by any federal, state, county or local governmental entity to train search and rescue canines. 4. 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. 5. An eye bank or a tissue bank. B. If an anatomical gift to an individual pursuant to subsection A, paragraph 4 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. 5. To the sheriff of the county in which the gift was made, who may transfer the gift to any canine search and rescue unit established or recognized by any federal, state, county or local governmental entity, and the gift is for the purpose of training search and rescue canines. 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 or for training search and rescue canines. 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 4 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 or for training search and rescue canines, 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 4 of this section, this article does not affect the allocation of organs for transplantation or therapy. 36-850.01. Organ transplant eligibility; individuals with disabilities; discrimination prohibited A. A health care provider may not, solely on the basis of an individual's disability, do any of the following: 1. Determine that the individual is ineligible to receive an organ transplant. 2. Deny the individual medical or other services related to an organ transplant, including evaluation, surgery, counseling and postoperative treatment. 3. Refuse to refer the individual to a transplant hospital or other related specialist for evaluation or receipt of an organ transplant. 4. Refuse to place the individual on an organ transplant waiting list or place the individual at a position lower in priority on the list than the position the individual would be placed if not for the individual's disability. 5. Decline insurance coverage for the individual for any procedure associated with the receipt of an organ transplant or for related services if the procedure or services would be covered under such insurance for the individual if not for the individual's disability. B. Notwithstanding subsection A of this section, a health care provider may consider an individual's disability when making a treatment recommendation or decision solely to the extent that a physician, following an individualized evaluation of the potential transplant recipient, determines that the disability is medically significant to the organ transplant. This subsection does not require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant. C. A health care provider may not consider an individual's inability to independently comply with posttransplant medical requirements as medically significant for the purposes of subsection B of this section if the individual has a known disability and the necessary support system to assist the individual in reasonably complying with the requirements. D. A health care facility shall make reasonable modifications in its policies, practices or procedures as necessary to allow individuals with a disability access to organ transplant-related services, including transplant-related counseling, information or treatment, unless the health care facility can demonstrate that making the modifications would fundamentally alter the nature of the services or would impose an undue hardship on the health care facility. Reasonable modifications in policies, practices and procedures may include: 1. Communicating with persons supporting or assisting with the individual's postsurgical and posttransplant care, including medication. 2. Considering the support available to the individual in determining whether the individual is able to reasonably comply with posttransplant medical requirements, including support provided by any of the following: (a) Family. (b) Friends. (c) Home and community-based services, including home and community-based services funded by any of the following: (i) Medicaid. (ii) Medicare. (iii) A health plan in which the individual is enrolled. (iv) Any other program or source of funding available to the individual. E. A health care provider shall make reasonable efforts to comply with the policies, practices and procedures, as applicable, developed by a health care facility under subsection D of this section as necessary to allow an individual with a known disability access to organ transplant-related services, including transplant-related counseling, information or treatment, unless the health care provider can demonstrate that compliance would fundamentally alter the nature of the services or would impose an undue hardship on the health care provider. F. A health care provider shall make reasonable efforts to provide auxiliary aids and services to an individual with a known disability seeking organ transplant-related services, including organ transplant-related counseling, information or treatment, as necessary to allow the individual access to those services, unless the health care provider can demonstrate that providing the transplant-related services with auxiliary aids and services would fundamentally alter the transplant-related services provided or would impose an undue hardship on the health care provider. G. A health care provider shall comply with the requirements of the Americans with disabilities act of 1990 (42 United States Code sections 12101 through 12213) to the extent that act applies to the health care provider. This subsection does not require a health care provider to comply with that act if the act does not otherwise require compliance by the health care provider. H. This section applies to each stage of the organ transplant process and related services to an organ transplant, including all of the following: 1. Evaluation. 2. Counseling. 3. Treatment, including postoperative treatment and care. 4. Providing information. 5. Any other service recommended or required by a physician. I. A violation of this section by a health care provider is grounds for disciplinary action by the regulatory agency or board that issued the license, certificate or other authority to the health care provider. Before a regulatory agency or board may take disciplinary action against a health care provider for a violation, the applicable regulatory agency or board shall both: 1. Notify the health care provider of the agency's or board's finding that the health care provider violated or is violating this section or a rule adopted pursuant to this section. 2. Provide the health care provider with an opportunity to correct the violation without penalty or reprimand. J. A physician who in good faith determines that an individual's disability is medically significant, as described in subsection B of this section, to the organ transplant does not violate this section. K. A health care provider who in good faith makes a treatment recommendation or decision on the basis of a physician's determination that an individual's disability is medically significant, as described in subsection B of this section, to the organ transplant does not violate this section. 36-850.02. Organ transplant; discrimination; violation; civil action A. If an individual believes that a health care provider or health care facility has violated or is violating section 36-850.01, the affected individual may commence a civil action for injunctive and other equitable relief against the health care provider or health care facility for the purposes of enforcing compliance with that section. The action may be brought in the superior court in the county where the affected individual resides or resided or was denied the organ transplant or referral. B. In an action brought under this section, the court shall give the action priority on its docket and expedited review, and may grant injunctive or other equitable relief, including any of the following: 1. Requiring auxiliary aids or services to be made available for a qualified recipient. 2. Requiring the modification of a policy, practice or procedure of the health care provider or health care facility. 3. Requiring that health care facilities be made readily accessible to and usable by a qualified recipient. C. This section does not limit or replace available remedies under the Americans with disabilities act of 1990, as amended (42 United States Code sections 12101 through 12213), or any other applicable law. D. This section does not create a right to compensatory or punitive damages against a health care provider or health care facility. 36-851. Delivery of document of gift not required; right to examine A. A document of gift need not be delivered during the donor's lifetime to be effective. B. On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to section 36-850. 36-851.01. Procurement organizations; licensure; renewal; fees; penalties; exceptions A. A person may not act as a procurement organization in this state unless the person is licensed by the department of health services as a procurement organization. The person shall apply in writing to the director of the department on a form specified by the director, shall include all information requested in the application and shall pay the fees prescribed by the director. B. The director shall grant a procurement organization license to a person if the organization either is accredited by a nationally recognized accrediting agency that is approved by the department of health services and maintains full accreditation with the accrediting agency or meets the requirements prescribed in section 36-851.03 and the rules adopted by the department. C. A license under this section is valid for two years and must be renewed every two years. A person shall file an application for renewal at least thirty days before the expiration of the current license. D. Each procurement organization applying for licensure or license renewal under this section shall pay all applicable fees as prescribed by the director. All fees collected pursuant to this section for the licensure and license renewal of procurement organizations shall be deposited in the health services licensing fund established by section 36-414. E. The director may sanction, impose civil penalties on or, pursuant to title 41, chapter 6, article 10, suspend or revoke, in whole or in part, the license of any procurement organization if any person who is an owner, officer, agent or employee of the procurement organization is in or continues to be in violation of this article or the rules of the department of health services adopted pursuant to this article. F. This section does not apply to any of the following: 1. An organ procurement organization as described by 42 United States Code section 273 that is designated for this state by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1320b-8. 2. A procurement organization that is regulated by the United States food and drug administration in connection with the recovery of human tissue intended for transplantation pursuant to 21 Code of Federal Regulations part 1270. 3. A procurement organization as defined in section 36-841, paragraph 27, subdivision (d). 4. A procurement organization that is affiliated with an accredited educational institution in connection with the education of students enrolled in a degree-granting program for health professionals. 5. A procurement organization that recovers anatomical gifts for research or education, including for quality improvement or quality assurance, and that is affiliated with a hospital that is licensed pursuant to chapter 4 of this title. 6. A hospital that is licensed pursuant to chapter 4 of this title. 36-851.02. Procurement organizations; deemed status; requirements; inspection A procurement organization that is licensed pursuant to section 36-851.01 by virtue of its accreditation status: 1. Is deemed to meet health and safety requirements that are equivalent to those set forth in section 36-851.03 and is not required to meet the requirements prescribed in section 36-851.03 except as specified in paragraph 2 of this section if the procurement organization maintains its accredited status with the accrediting agency. 2. Shall comply with all of the following as adopted in rule by the department of health services: (a) The proper use and maintenance of donor consent forms. (b) The implementation and maintenance of proper identification systems for bodies and disarticulated items. (c) The implementation and maintenance of protocols and materials for procedures used by the procurement organization to properly screen end users. (d) The proper documentation and disclosure of the disease status of tissue specimens to end users. (e) Labeling, packaging, transport and distribution policies and procedures. (f) Final disposition procedures. 3. Shall provide a designated area for tissue recovery that does not operate in a funeral establishment for the recovery of whole bodies for medical research and education. 4. Is subject to inspection by the department of health services at any time with respect to compliance with the requirements of paragraph 2 of this section. 36-851.03. Procurement organizations; requirements; records; rules; inspection A. Except as provided in section 36-851.02, each procurement organization that is required to be licensed pursuant to section 36-851.01 shall do all of the following: 1. Designate a medical director who is a physician licensed pursuant to title 32, chapter 13 or 17 and who provides medical guidance to determine donor eligibility. 2. Employ a director who holds at least a bachelor's degree in a related science from an accredited university and who is responsible for all licensed activities of the organization. 3. Comply with all of the following as adopted in rule by the department of health services: (a) The proper use and maintenance of donor consent forms. (b) The implementation and maintenance of proper identification systems for bodies and disarticulated items. (c) The implementation and maintenance of protocols and materials for procedures used by the procurement organization to properly screen end users. (d) The proper documentation and disclosure of the disease status of tissue specimens to end users. (e) Labeling, packaging, transport and distribution policies and procedures. (f) Final disposition procedures. 4. Implement and maintain all of the following: (a) Standard operating procedures for all licensed functions of the organization. (b) A safety awareness and blood-borne pathogen training program that complies with state and federal law. (c) A cleaning program that mitigates potential cross-contamination between donors. 5. Provide a designated area for tissue recovery that: (a) Is open to inspection by the department of health services with or without notice. (b) Does not operate in a funeral establishment for the recovery of whole bodies for medical research and education. 6. Properly track donors and label tissue by doing both of the following: (a) Assigning a unique identifying number to each donor and using this number for all tissue from that donor that is recovered and distributed. (b) Affixing labels with the following information on all nontransplant tissue specimens: (i) A statement that universal precautions will be used. (ii) A statement that the specimen is not for transplant or clinical use. (iii) Any condition or limitation regarding the use of the specimen. (iv) Contact information for the procurement organization. 7. Maintain the following records for ten years after the last date of tissue distribution: (a) A copy or recorded consent of the donation authorization. (b) A copy of the donor's death certificate and transit permit issued by the state where the death occurred. (c) A copy of the donor's physical assessment and risk assessment questionnaire. (d) A copy of the donor's serological results, when applicable. (e) A copy of all documentation relating to tissue recovery, storage and distribution activities. B. The department of health services shall adopt rules that follow, as nearly as practicable, the requirements on equivalent subjects specified in subsection A of this section that are set forth in the accreditation requirements of a nationally recognized accrediting agency that is approved by the department. C. A procurement organization that is subject to the requirements of this section is subject to inspection by the department of health services at any time to evaluate the compliance by the procurement organization with the requirements of this article and the rules adopted by the department. 36-852. Rights and duties of procurement organizations and others A. When a hospital refers an individual at or near death to an organ procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to determine if the individual has made an anatomical gift. B. A procurement organization must be allowed reasonable access to information in the records of the donor registry to determine if an individual at or near death is a donor. C. When a hospital refers an individual at or near death to an organ procurement organization, the organ procurement organization or the appropriate eye bank or tissue bank may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. D. Unless otherwise prohibited by law, at any time after a donor's death, the person to which a part passes pursuant to section 36-850 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. E. Unless otherwise prohibited by law, an examination pursuant to subsection C or D of this section may include an examination of all medical and dental records of the donor or prospective donor. F. On the death of a minor who was a donor or who had signed a refusal, unless a procurement organization knows the minor is emancipated, the appropriate procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal. G. On referral by a hospital pursuant to subsection A of this section, the appropriate procurement organization must make a reasonable search for any person listed in section 36-848 who has priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information. H. Subject to the requirements of section 36-850, subsection I and section 36-861, the rights of the person to which a part passes pursuant to section 36-850 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the