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A.R.S. § 36-3295

Directives Registry Confidentiality and Access

Verified April 4, 202657th Legislature, 1st Regular Session

Information in the Arizona healthcare directives registry is confidential. Only certain people can access it: the person who submitted it, the person it covers, their surrogate, and healthcare providers. Providers can pull your directives when treating you. This includes paramedics and emergency technicians.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

Who Can See Your Registry Documents

The registry holds sensitive information about your treatment choices. Arizona law treats that information as confidential. It limits who can see 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 groups can access your documents. First, the person who submitted them. Second, the person the documents cover (often the same person) and their surrogate. Third, healthcare providers can pull your directives when they treat you.

Emergency Providers Have Access Too

"Health care provider" under this statute includes emergency medical service providers and emergency technicians. This means paramedics who arrive at your home during a crisis can check the registry.

They can see whether you have a POLST, a living will, or other care 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 lets the registry share information through health information groups as allowed by A.R.S. 36-3805. If you move to another state, the organization can send your registry data to the new state at your request.

Practical Impact for Families

Many families find that registering directives creates a safety net. If a family member has a sudden medical event, treating providers can access the registry to learn their wishes.

This matters most in emergency situations where a paper copy may not be on hand. The registry ensures your choices reach the people who need them.

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.

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.

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