Arizona Laws 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.
Terms Used In Arizona Laws 36-851.01
- 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. See Arizona Laws 36-841
- 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. See Arizona Laws 36-841
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Organ procurement organization: means a qualified organ procurement organization under 42 United States Code § 273 that is currently certified or recertified in accordance with that federal law. See Arizona Laws 36-841
- Part: means an organ, eye or tissue of a human being. See Arizona Laws 36-841
- 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. See Arizona Laws 36-841
- Procurement organization: means any of the following:
(a) An organ procurement organization. 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
- 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. See Arizona Laws 36-841
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
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 § 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 § 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 Title 21 of the 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.