What This Statute Says
The statute provides broad immunity for participants in the donation system who act in good faith.
A. A person is not subject to civil liability, criminal prosecution or administrative proceedings for good faith acts or omissions related to procurement of parts in compliance with this article. All acts and omissions are presumed to be in good faith unless the acts or omissions are done with intent to maliciously cause injury.
B. A person who makes an anatomical gift and the donor's estate are not subject to civil or criminal liability for any injury or damage that results from the making or use of the gift.
C. In determining whether an anatomical gift has been made, amended or revoked pursuant to this article, a person may rely on representations of an individual listed pursuant to section 36-848, subsection A, paragraph 2, 3, 4, 5, 6, 7 or 8 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
When This Statute Comes Into Play
The immunity provisions protect every actor in the donation system who acts in good faith:
- The procurement organization that recovers organs in reliance on a registered gift.
- The hospital that allows examination and preservation measures.
- The family member who consents on behalf of a decedent.
- The transplant surgeon who uses the gift in surgery.
The reliance rule in subsection C lets actors trust the representations of family members about their relationship to the decedent unless they have reason to know the representation is false.
What This Means for Arizona Families
Good-faith immunity is the legal infrastructure that lets the donation system function. Without it, every hospital, procurement organization, and family member would face the risk of being sued for honoring a documented gift. The immunity removes that risk and lets actors do their jobs.
For families, this is reassurance that the people handling your loved one's donation are not making decisions under fear of liability. They are following the article in good faith. The donor's estate is also explicitly immune for injury or damage from the gift itself, which protects the inheritance from being depleted by litigation over the medical consequences of donation. Our FAQ on making organ-donation wishes legally binding covers the donor-side mechanics. The architecture around your healthcare directive-recorded gift includes legal protections for everyone who acts on it in good faith.