(The following information comprises excerpts from the Bill,
which is too voluminous to include here).
Monday, May 20, 1996, Phoenix - Today Governor Symington signed into law the Revised Arizona Anatomical Gift Act (House Bill 2315). Under the leadership of Rep. Don Aldridge (R-01),chair of the House Rules Committee, the Legislature and Donor Network of Arizona developed this comprehensive law that addresses increasing organ, eye and tissue donation.
John Rivers, president and chief executive officer of the Arizona Hospital and Healthcare Association, said, this legislation will give many Arizonians a second chance at life. "I salute the legislators and health care professionals who came together to work on this bill to improve Arizona's organ donation process".
The Revised Arizona Anatomical Gift Act is one of the most comprehensive organ, eye and tissue donor laws in the United States.
Tremendous bi-partisan support for this bill, written by a team of health care professionals and government agency officials, arose because it will significantly impact the donation rate in Arizona and save more lives. Rep. Aldridge, a kidney recipient, considers this to be one of the most important bills he has ever sponsored. Throughout the process, the bill received praise from both sides of the aisle, including one representative who stated this [legislation] is what makes serving in the Legislature worthwhile.
The revised Arizona Anatomical Gift Act addresses issues currently hindering donation in Arizona. The main provisions of the bill include further steps to help resolve the critical organ shortage.
* Emphasizes an individual's right to be a donor.
* The decision of an individual to donate before his or her death is final and does not require the consent of any person after the donor's death.
* This provision empowers the individual to make his or her own decisions regarding donation and ensures that those wishes are carried out. Currently, the deceased person's family makes all decisions regarding donation, even if the deceased person has documented donation consent through an executed will, living will, or other valid method of donation.
Provisions of the Bill Cover:
* The powers, duties and authority of a county medical examiner (ME).
* The definition of terms, organizations and entities related to organ donation.
* What an anatomical gift is, how to execute an anatomical gift, how to revoke the gift and how to refuse to make an anatomical gift.
* The procedures and actions of a third person should that person's consent be needed to execute an anatomical gift.
* The responsibilities of the hospital to search for and/or request consent for donation.
* Who may become a donee and for what purpose an anatomical gift may be made.
* The manner and delivery of the document of gift.
* A person's rights and duties at death.
* The prohibition of the sale or purchase of organs or tissues by making it a class 3 felony.
* The authority to carry out any reasonable examination, procedure or test necessary to assure medical acceptability of the gift.
* The liability of donors and persons associated with organ procurement and transplantation acting in good faith while executing an anatomical gift.
The Act streamlines the process of organ, eye and tissue donation. Specifically, the Act
states the decision of an individual to donate before his or her death is final and does not require the consent of any person after the donor's death.
It also empowers the individual to make his or her own decisions regarding donation and ensures that those wishes are carried out. Currently, the deceased person's family makes all decisions regarding donation, even if the deceased person has documented donation consent through an executed will, living will, or other valid method of donation.
1) emphasizes an individual's right to be a donor;
2) expands the authority of a third party to make the decision for the deceased donor beyond the next of kin;
3) reinforces the importance of the trained consent requester and sets forth specific training requirements;
4) enumerates medical examiner responsibilities and authority regarding donation and;
5) changes the donation option on Arizona driver licenses
NOTE:
I emailed the Arizona Donor Network to ask specifically "Does your Gift Act totally prevent the next of kin from over-riding the donors registered wish to donate. The way I read the Bill is that the donors wishes are paramount?"
The following E-mail received from Lisa Karahalios (Donor Network of Arizona)confirms my beliefs:
To: Don Straw
From: dnal@primenet.com (DNA Laptop)
Subject: Re: The revised Arizona Anatomical Gift Act
"Dear Don:
"Yes, you are correct in the interpretation of the law.
If consent has been designated by the means stated in the
law by the person donating, the family cannot override the
decision. In other words, the organs can LEGALLY be removed
without consent from the family because we have documented
consent from the deceased. This is going on in a few other
states as well, I think Michigan and Pennsylvania. In most
cases where this law has been utilized it has not been a problem.
"In Arizona, this is a law on the books which we can exercise
when necessary. We take each case individually and talk to the
family letting them know their loved one's wishes. In most
cases they come around and do not protest the action and give
consent. If there is a situation where the family is completely
against it, if organs are removed the potential public relations
action that could ensue has the potential to be horrible. In
that case we would probably chose to decline the donor since
the bad publicity from the one donor would ultimately cost us
multiple donors in the future.
Regards
Lisa"
Persons who may execute an anatomical gift:
A. Any individual of sound mind and eighteen years of age or more may give all or any part of his body for any purpose specified in section 36-843, the gift to take effect upon death.
B. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent’s body for any purpose specified in section 36-843:
1. The spouse.
2. An adult son or daughter.
3. Either parent.
4. An adult brother or sister,
5. A guardian of the person of the decedent at the time of his death.
6. Any other person authorized or under obligation to dispose of the body.
C. If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection B, of this section may make the gift after or immediately before death.
D. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
E. The rights of the donee created by the gift are paramount to the rights of others except as
provided by section 36-847, subsection D.
Manner of executing anatomical gifts:
A. A gift of all or part of the body under section 36-842, subsection A may be made by any of the following:
1. A will. The gift becomes effective upon the death of the testator without waiting for
probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
2. A sworn affidavit provided by and filed with the motor vehicle division of the depart-
ment of transportation at the time of application for an operator’s or chauffeur’s license. Such affidavit shall be in a form prescribed by the director of the department of transportation. The gift becomes effective upon the death of the donor.
A gift made under this paragraph shall become invalid upon surrender of the license execution of the gift revocation signed by the licensee on the reverse of the license.
A new affidavit shall be filed upon application for renewal or duplicate issuance of a license. The affidavit shall not be construed to be a last will and testament.
3. A document other than a will or a license. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence in the presence of two witnesses who must sign the document in his presence. Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid.
B. The gift may be made to a specified donee or without specifying a donee. If the latter, gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.
C. Notwithstanding section 36-847, subsection B, the donor may designate in his will, card or other document of gift the surgeon or physician 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 gift may employ or authorize any surgeon or physician for the purpose.
D. Any gift by a person designated in section 36-842, subsection B, shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message.
