Arizona Laws 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:
Terms Used In Arizona Laws 36-846
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research or education. See Arizona Laws 36-841
- 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. See Arizona Laws 36-841
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Part: means an organ, eye or tissue of a human being. See Arizona Laws 36-841
- Probate: Proving a will
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Arizona Laws 36-841
- Refusal: means a record created pursuant to section 36-846 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Arizona Laws 36-841
- 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. See Arizona Laws 36-841
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.