What This Statute Says
The statute creates a procedural presumption of validity for MVD-routed donor designations.
Each executed document of gift transferred by the department of transportation to an organ procurement organization is presumed to be a valid document of gift that establishes an anatomical gift for transplantation or therapy if all of the following apply:
1. The organ procurement organization that maintains an anatomical gift registry established pursuant to this article contacted each person who executed the document of gift before that person's death or incapacity.
2. The person had not amended or revoked the anatomical gift before death.
3. The organ procurement organization provided the person with notice of: (a) The inclusion of the person's name in an anatomical gift registry established pursuant to this article. (b) The opportunity to amend or revoke the anatomical gift. (c) Instructions about how to amend or revoke the anatomical gift.
When This Statute Comes Into Play
Every donor designation made at the MVD travels under this statute. The procurement organization contacts the donor at some point after registration, provides notice of inclusion in the registry, and reminds the donor of the right to amend or revoke. When that contact occurred, the gift is presumed valid.
What This Means for Arizona Families
This is the backstop validity rule for the MVD pathway. If you checked the donor box at the MVD, received the procurement-organization confirmation, and never amended or revoked the gift, the article presumes the gift is valid at the time of your death. The procurement organization can rely on the registry record without further verification.
For families, the implication is that the MVD donor designation is reliable. The procurement organization has done the work of confirming the donor's identity and explaining the right to revoke. The article does not require additional steps to make the designation effective. Our FAQ on making organ-donation wishes legally binding covers the donor-side mechanics. Combining the MVD donor designation with a clear statement in your healthcare directive creates redundant proof of your wishes and ensures they will be honored at the moment they matter most.