ARIZONA STATE SENATE
Phoenix, Arizona
organ donation; registry
Requires an Organ
Procurement Organization (OPO) to establish an anatomical gift registry.
Pursuant to statute, a
person makes an anatomical gift by signing a document of gift. Statute also allows a person who has
executed a document of gift to place a sticker on the person's driver’s license
to notify others of the document of gift (A.R.S. § 36-842).
Upon death or impending
brain death, hospitals are required to notify a federally designated OPO that
will designate a trained requester who can approach the legal next-of-kin
regarding the donation of anatomical gifts.
In the absence of a document of gift, the trained requester is required
to make reasonable efforts to discuss the option of making or refusing an
anatomical gift with the next-of-kin.
If there is a document of gift, the trained requester still attempts to
contact the next-of-kin for consent or refusal of the anatomical gift. If the family consents to the donation, the
requester notifies the OPO of the family’s decision and the organ recovery
process can begin.
A document of gift that is
not revoked by the donor before death is irrevocable (A.R.S. § 36-842). In practice, however, the family may refuse
an anatomical gift regardless of the donor’s advanced written directive and
expressed wishes in a document of gift.
According to the Donor Network of Arizona, the federally designated OPO
in this State, approximately 30 to 35 percent of families decline consent for
donation. Of those, 90 percent are
potential organ donors.
Currently, there is no
central repository for documents of gifts in this State. While the designation on a driver’s license
assists the OPO in determining the preference of the deceased, the lack of a
statewide repository may make it difficult for some families to discern the
wishes of the deceased. According to
the Association of Organ Procurement Organizations, 19 states have established
donor registries. S.B. 1010 requires an
OPO to establish an anatomical gift registry in Arizona.
There is no fiscal impact to
the state general fund associated with the provisions of this bill.
1. Requires an OPO to establish an anatomical gift registry to maintain documents of gifts.
2. Requires the document of gifts to be available to organ procurement agencies on a 24 hour, seven day a week basis.
3. Authorizes an OPO to receive voluntary contributions for the registry.
4. Releases an OPO from liability for good faith acts related to gathering and releasing information for the anatomical gift registry.
5. Requires, by January 31, 2003, an OPO to report to the chairperson of the Senate Health and House of Representatives Health Committees:
a) the status of the registry;
b) the number of organs and tissues procured;
c) the standards for informed consent; and
d) the organ and tissue donor outreach and education program.
6. Provides for a general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the requirement of an OPO to provide registry information to hospitals.
2. Adds a reporting requirement.
3. Specifies acts of the OPO that are done with gross or ordinary negligence are not immune from civil liability.
Senate Action House
Action
HEA 1/22/02 DP 8-0-0
3rd Read 2/06/02 27-0-3 3rd Read 3/18/02 51-0-9
Signed by Governor 3/25/02
Chapter 3
Prepared by Senate Staff
April 18, 2002