2005 Arizona Revised Statutes - Revised Statutes §36-848  Rights and duties at death

A. Rights of a donee created by an anatomical gift are superior to rights of others except with respect to autopsies under section 11-594, subsection C, paragraph 3. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the donee, on the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the person under obligation to dispose of the body.

B. The time of death shall be determined by a physician or surgeon who attends the donor at death or, if none, the physician or surgeon who certifies the death. The physician or surgeon who attends the donor at death or the physician or surgeon who determines the time of death shall not participate in the procedures for removing or transplanting a part unless the document of gift designates a particular physician or surgeon pursuant to section 36-842, subsection D.

C. If there has been an anatomical gift, a physician, a surgeon or a trained technician may remove any donated parts after the determination of death by a physician or surgeon. The institution where the removal of any donated parts occurs shall notify the funeral director or the person acting in that capacity who first assumes custody of the body about the removal of the body parts.