What This Statute Says
Section 36-852 defines what happens in the time-sensitive window when a patient is identified as a potential donor.
A. When a hospital refers an individual at or near death to an organ procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to determine if the individual has made an anatomical gift.
B. A procurement organization must be allowed reasonable access to information in the records of the donor registry to determine if an individual at or near death is a donor.
C. When a hospital refers an individual at or near death to an organ procurement organization, the organ procurement organization or the appropriate eye bank or tissue bank may conduct any reasonable examination necessary to ensure the medical suitability of a part ... During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
Other subsections address access to medical and dental records (subsection E), parental authority over a minor's prior refusal (subsection F), and immunity protections for examinations done in good faith.
When This Statute Comes Into Play
The statute governs the practical mechanics of donation:
- A patient is declared brain dead or imminently dying. The hospital notifies the procurement organization.
- The procurement organization searches the donor registry to determine the patient's donor status.
- If donation is on the table, the organization may conduct examinations to determine medical suitability and may use temporary measures to preserve organs and tissues for potential donation.
- If the patient or family expressed a contrary intent, those preservation measures cannot continue.
What This Means for Arizona Families
This statute is what makes the donation process work at the bedside. The procurement organization gets access to the donor registry, can determine your wishes quickly, and can take temporary medical steps to preserve organs while the family conversation happens. The "contrary intent" exception protects patients who have documented refusals.
For families, the practical implication is that donation decisions often happen quickly. The donor registry is searched within hours. Knowing your loved one's wishes in advance lets you support the decision with confidence rather than scrambling. Our FAQ on making organ-donation wishes legally binding covers the documentation. A clearly drafted healthcare directive that addresses donation, including temporary preservation measures, removes the most painful uncertainty from the bedside conversation.