2005 Arizona Revised Statutes - Revised Statutes §36-846  Eligible donees; purposes for which anatomical gifts may be made; reciprocal agreements; definitions

A. The following may become donees of anatomical gifts for the purposes stated:

1. A hospital, physician, surgeon or organ procurement agency for transplantation, therapy, medical or dental education, research or advancement of medical or dental science.

2. An accredited medical or dental school, college or university for education, research or advancement of medical or dental science.

3. A person designated by the donor for transplantation or for therapy needed by that person.

4. An organ procurement organization.

B. An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any person pursuant to subsection A of this section.

C. If the donee knows of the decedent's refusal to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under section 36-843, the donee shall not accept the anatomical gift.

D. Except as provided in this subsection, a vascular organ obtained by an organ procurement organization designated to service this state must be used in this state. If a suitable potential recipient for a vascular organ is not specified on a waiting list of a hospital in this state, the organ procurement organization shall do one of the following:

1. Offer the vascular organ to an organ procurement organization for which the designated service area is primarily outside this state if the organ procurement organization in this state has entered into a reciprocal agreement with that organization. The organ procurement organization in this state may enter into a reciprocal agreement only if it determines that doing so is in the best interest of persons who are on waiting lists in this state for transplanted vascular organs and will increase the number of people who receive these transplants.

2. Offer the vascular organ for use by an entity that distributes vascular organs on a regional or national basis under a contract with the United States department of health and human services or a subcontract with a contractor with that agency.

E. For the purposes of this section:

1. "Reciprocal agreement" means an agreement to return to the recipient pool in this state an organ that is deemed locally acceptable for transplantation.

2. "Vascular organ" means the heart, lungs, kidneys, liver and pancreas and any other organ that requires continuous circulation of blood to remain useful for transplantation purposes. Vascular organ does not include human tissue, bones or corneas.