2005 Arizona Revised Statutes - Revised Statutes §36-842  Anatomical gifts; execution; amendment; revocation; refusal

A. A person who is at least eighteen years of age may:

1. Make an anatomical gift for any of the purposes stated in section 36-846, subsection A.

2. Limit an anatomical gift to one or more of those purposes.

3. Refuse to make an anatomical gift.

B. A person may make an anatomical gift only by a document of gift signed by the donor. If the donor cannot sign, the document of gift shall be signed by another person and by two witnesses who sign at the direction and in the presence of the donor and of each other and who state in the document that it has been signed in this manner.

C. A person who has executed a document of gift may place a label designated by an organ procurement organization on the person's driver license to notify others of the document of gift. If a document of gift is attached to or imprinted on a donor's driver license, the document of gift shall comply with the requirements of subsection B of this section. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.

D. A document of gift may designate a particular physician, surgeon or trained technician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, surgeon or trained technician to carry out the appropriate procedures.

E. An anatomical gift by will takes effect on the testator's death, whether or not the will is probated. If after death the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

F. A donor may amend or revoke an anatomical gift not made by will only by:

1. A signed statement.

2. An oral statement made in the presence of two persons.

3. Any form of communication during a terminal illness or injury that is addressed to a physician or surgeon.

4. The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

G. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection f of this section.

H. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.

I. A person may refuse to make an anatomical gift of the person's body or part by:

1. A writing signed in the same manner as a document of gift.

2. A statement attached to or imprinted on a donor's driver license.

3. Any other writing used to identify the person as refusing to make an anatomical gift.

J. During a terminal illness or injury a person may indicate the person's refusal by an oral statement or any other form of communication.

K. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under section 36-843 or on a removal or release of other parts under section 36-844.

L. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection I of this section.