What This Statute Says
The medical examiner has custody of bodies under the jurisdiction of the office. This statute lets the examiner permit anatomical gift while preserving the integrity of any death investigation.
A. The medical examiner or individual legally delegated that authority may release and permit the removal of a part from or all of a body within the custody of that official for transplantation, therapy, research or education pursuant to title 11, chapter 3, article 12 if the part is the subject of an anatomical gift and:
1. A request has been received from a procurement organization.
2. The organ procurement organization has made a reasonable effort, taking into account the useful life of the part, to locate and examine the decedent's medical records and, if the decedent has not executed a document of gift or has not refused to make an anatomical gift, inform persons listed in section 36-848, subsection A, of the person's option to make or object to making an anatomical gift.
3. The official does not know of a refusal by the decedent or an objection by a person having priority to act as listed in section 36-848, subsection A.
4. The removal will be by a physician, surgeon or trained technician.
5. The removal will be in accordance with accepted medical standards.
6. The removal will not interfere with any death investigation.
7. Cosmetic restoration will be done, if appropriate.
Subsection B requires the official to maintain a permanent record of the donation, including the decedent's name, requesting party, date, purpose, part, and recipient.
When This Statute Comes Into Play
The provision applies in deaths within medical examiner jurisdiction, such as homicide, suicide, accident, sudden unexplained death, or death in custody. The examiner must hold the body for investigation but can authorize donation when the seven conditions are met.
What This Means for Arizona Families
If your loved one's death falls within medical examiner jurisdiction, donation is still possible. The examiner must balance the investigation with the family's and donor's wishes. The article gives the examiner the authority to release parts for donation when the donor's election is documented and the donation does not interfere with the cause-of-death investigation.
Cosmetic restoration is mandatory where appropriate. Families can plan an open-casket funeral after an anatomical gift; the recovery and restoration process is designed to allow that. Our FAQ on burial and cremation wishes in Arizona covers the funeral side. The donor's documented wishes in their healthcare directive or donor registry continue to control even when the medical examiner is involved.