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A.R.S. § 36-3295

Confidentiality and Provider Access in Arizona's Directives Registry

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Information in Arizona's health care directives registry is confidential. Only the person who submitted the document, the person it covers, their surrogate, and healthcare providers treating the patient can access it. Providers can pull your directives when they need them for treatment, including paramedics and emergency service technicians.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

Who Can See Your Registry Documents

The registry holds sensitive information about your most personal medical decisions. Arizona law treats that information as confidential and limits who can access it.

Information maintained by the qualifying health information exchange organization pursuant to this article is confidential and shall not be disclosed except as allowed by state or federal law.

A.R.S. § 36-3295(A)

Three categories of people can access your documents in the registry: the person who submitted them, the person the documents are about (which may be the same person), and that person's surrogate. Healthcare providers can also pull your directives when they are treating you. This includes physicians, nurses, and hospital staff you would expect, but the statute goes further.

Emergency Providers Have Access Too

The definition of "health care provider" under this statute includes emergency medical service providers and emergency service technicians. That means paramedics arriving at your home during a crisis can access the registry to check whether you have a POLST, a living will, or other healthcare directives on file.

Notwithstanding subsection A of this section, a health care provider may access the health care directives registry and receive a patient's health care directive documents for the provision of health care services.

A.R.S. § 36-3295(C)

The statute also allows the registry to share information through health information organizations as authorized by A.R.S. 36-3805. And if you move to another state, the organization can transmit your registry information to the new state's registry system at your request.

The practical takeaway: your documents are protected from public access, but the people who need them most, the providers making decisions about your care, can reach them when it matters.

A. Information maintained by the qualifying health information exchange organization pursuant to this article is confidential and shall not be disclosed except as allowed by state or federal law. B. The person who submits a document described in section 36-3292, the person who is the subject of the document and the surrogate of the person who is the subject of the document may access the document in the health care directives registry in a manner prescribed by the qualifying health information exchange organization. C. Notwithstanding subsection A of this section, a health care provider may access the health care directives registry and receive a patient's health care directive documents for the provision of health care services. D. The qualifying health information exchange organization shall use information contained in the registry only for purposes prescribed in this article, except that the qualifying health information exchange organization may use, disclose and make accessible the information contained in the registry through the health information organization as authorized by section 36-3805, subsection A. E. At the request of the person who submitted a document described in section 36-3292, the qualifying health information exchange organization may transmit the information received regarding the document to the registry system of another jurisdiction. F. For the purposes of this section, "health care provider" includes an emergency medical service provider and emergency service technician providing emergency medical services as defined in section 36-2201 and the organ procurement organization that maintains the donor registry established pursuant to section 36-858.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

Who can make medical decisions for me if I am incapacitated in Arizona?

If you have a health care power of attorney, your named agent decides. If not, Arizona law allows a surrogate (spouse, child, parent) under A.R.S. 36-3231. Without any plan, a court may appoint a guardian.

How does Arizona's advance directive registry work?

Arizona's advance directive registry stores healthcare directives electronically so providers can access them during emergencies. Registration is voluntary and does not affect your documents' validity.

How should I organize my estate planning documents so my family can find them?

Create a central master document listing all important files, accounts, and contacts your family would need. Store originals securely and make sure at least two trusted people know where to find them.

Related Statutes

§ 36-3296Liability Protections for Arizona's Health Care Directives Registry
§ 36-3294How Registration Works for Arizona's Health Care Directives Registry
§ 36-3291Arizona's Health Care Directives Registry

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