reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-796 - Definitions

36-796.
Definitions
In this article,  unless the context otherwise requires:
1. " Bedding"  includes upholstered furniture and means any mattress,  box spring,  upholstered chair,  couch or other upholstered device or any quilted pad,  packing pad,  mattress pad,  hammock pad,  pad,  comforter,  bunk quilt,  sleeping bag,  pillow,  cushion,  hassock or other bag or container made of leather,  cloth,  plastic or any other material that is used as a covering or is stuffed or filled in whole or in part with concealed material in addition to the structural units,  all of which may be used by any person for sleeping,  resting or reclining purposes. Bedding does not include the upholstered portions of motor vehicles other than mobile homes,  house trailers and camp trailers.
2. " Filling materials"  means all or portions of materials,  prefabricated forms or articles used as filling in the manufacture,  repair or renovation of bedding and upholstered furniture.
3. " New"  means any material or article that has not been previously used,  except in the manufacturing process,  for any purpose.
4. " Person"  includes persons,  partnerships,  companies,  corporations,  associations and governmental agencies.
5. " Renovate"  means to repair,  make over,  recover,  restore or renew bedding or upholstered furniture and place it in a good state of repair.
6. " Secondhand"  means any portion of any article or material of which prior use of any kind,  except in the manufacturing process,  has been made.
7. " Sell"  means to offer or expose for sale,  barter,  trade,  lend,  deliver,  give away,  rent,  consign,  lease,  possess with intent to sell or dispose of in any other commercial manner. The possession of any article of bedding or filling materials by any maker,  remaker or dealer,  in the course of business,  is presumptive evidence of intent to sell.
8. " Sterilizer"  means a person who sterilizes,  disinfects,  disinfests or fumigates any article of upholstered furniture or bedding or any filling material relating to these items.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-796.02 - Labeling of bedding required

36-796.02.
Labeling of bedding required
A. A person shall not manufacture,  repair,  renovate or sell,  or have in the person's possession with intent to sell,  any item of bedding,  unless there is securely attached a clearly visible tag made of substantial cloth or a material of equal quality and attached at the factory.
B. Bedding manufactured in whole from all new material shall have securely attached a white tag not less than six square inches on which is plainly stamped or printed in black ink in English:
1. " All New Material"  in lettering not less than one-eighth inch in height.
2. The name and address of the manufacturer or distributor.
3. The manufacturer's registration or license number if the manufacturer is registered or licensed in another state.
4. The kind and grade of each material used in filling,  expressed in percentages by weight when mixed.
C. Bedding manufactured in whole or in part from secondhand material shall have securely attached a red tag not less than twelve square inches on which is plainly printed in black ink in English:
1. " Secondhand Material"  in lettering not less than one-fourth inch in height.
2. The name and address of the manufacturer.
3. The manufacturer's registration or license number if the manufacturer is registered or licensed in another state.
D. Subsection C does not apply to bedding reworked,  repaired or renovated for the owner for the owner's own use.
E. Bedding renovated,  reworked or repaired for the owner,  for the owner's use and from the owner's material,  which is in whole or in part secondhand,  shall have securely attached a green tag not less than six square inches on which is plainly printed in black ink in English:
1. " Not for Sale,  Owner's Own Material that is Secondhand Material"  in lettering not less than one-eighth inch in height.
2. The name and address of the renovator.
3. The name and address of the owner.
F. A person shall not make any false or misleading statements on the tag required by this section. A person shall not remove,  deface,  alter or cause to be removed,  defaced or altered any tag or statement contained on the tag for the purpose of violating any provision of this article. The placing of material or marks over any lettering on the tag is a defacement of the tag.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-796.04 - Sterilization, disinfection and disinfestation of bedding and materials

36-796.04.
Sterilization,  disinfection and disinfestation of bedding and materials
A. A person shall not sell or include in a sale any item of secondhand bedding or any item of bedding of any type manufactured in whole or in part from secondhand material,  including the component parts or wiping rags,  unless the secondhand material has been treated,  cleaned and disinfected.
B. A person shall not use in the manufacture,  repair and renovation of bedding of any type any material that has been used by a person with an infectious or contagious disease or that is filthy or oily or harbors loathsome insects or pathogenic bacteria.
C. A person shall not sell or include in a sale any material or bedding that under the provisions of this article requires treatment unless there is securely attached a yellow tag not less than twelve square inches,  made of substantial cloth or a material of equal quality and on which there is plainly printed,  in black ink,  in English the following information:
1. That the item or material has been treated and the method of treatment applied.
2. The lot number and the tag number of the item treated.
3. The license number of the person who applied the treatment.
4. The name and address of the person for whom the item was treated.
D. Every manufacturer,  renovator,  rebuilder,  repairer or sanitizer of used bedding shall remove the outer fabric,  the inner foam,  the pad,  and any other fabric and any other textile product,  material or component and shall inspect each item for soiling,  malodor and pest infestation prior to the sale or distribution of the bedding product. If any material or component of used bedding is soiled,  malodorous or infested,  that material or component cannot be reused,  sold or distributed for use in any bedding product.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-796.07 - Exceptions

36-796.07.
Exceptions
The provisions of this article shall not apply to:
1. Bedding which has been manufactured,  repaired or renovated prior to the effective date of this article.
2. Any articles of bedding sold under the order of any court.
3. The sale of bedding by a householder of bedding owned and used by such householder and his family,  and which was not acquired for resale,  except that the sale of any such bedding by a householder through an agent shall be within the provisions of this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-797.01 - HIV action program; duties; report

36-797.01.
HIV action program;  duties;  report
A. The director shall establish and implement the HIV action program in the department to meet at least the following requirements:
1. On or before November 1,  2020,  complete a statewide HIV prevention and care needs assessment of target populations,  including people living with substance use issues.
2. Identify community-based agencies that serve the HIV population and that are outside the known HIV service system.
3. Conduct outreach to increase community involvement in HIV prevention,  education and stigma reduction in this state.
4. Develop a social media initiative using new and traditional media to engage at-risk populations to be tested for HIV infection in this state.
5. Analyze data from the statewide HIV prevention and care needs assessment annually to develop and implement HIV training and education initiatives in this state.
B. On or before January 1,  2021,  the department shall provide a report to the governor,  the speaker of the house of representatives and the president of the senate regarding the outcomes of the statewide HIV prevention and care needs assessment and the program's action plan pursuant to subsection A of this section. The department shall provide a copy of the report to the secretary of state.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-797.41 - Declaration of policy; sickle cell anemia

36-797.41.
Declaration of policy;  sickle cell anemia
A. It is the policy of this state to make every effort to detect,  as early as possible,  sickle cell anemia,  an heritable disorder which leads to physical defects. The director has the responsibility of designating tests and regulations to be used in executing this policy. Such tests shall be in accordance with accepted medical practices.
B. In this article,  " sickle cell anemia"  includes all variants of sickle cell anemia.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-797.42 - Testing by department; consent

36-797.42.
Testing by department;  consent
A. Testing for sickle cell anemia may be conducted at the following times by the department of health services:
1. Upon first enrollment of a child in an elementary school in this state.
2. For any child not tested pursuant to paragraph 1,  upon first enrollment at a junior high school or senior high school in this state,  as the case may be.
3. Upon application of any person for a license to marry,  the parties seeking to be married may be tested.
4. For any pregnant woman.
B. The department of health services may require that a test be given for sickle cell anemia to any identifiable segment of the population which the department determines is susceptible to sickle cell anemia at a disproportionately higher ratio than is the balance of the population.
C. Testing for sickle cell anemia may not be conducted without the consent of the:
1. Person upon whom the test is to be conducted.
2. Parent or guardian of a minor upon whom the test is to be conducted.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-797.43 - Care and treatment of children with sickle cell anemia; reimbursement

36-797.43.
Care and treatment of children with sickle cell anemia;  reimbursement
A. Subject to the availability of monies,  the department of health services,  through the children's rehabilitative services,  may develop and operate,  either directly or by contracting with public or private providers,  programs for the diagnosis,  care and treatment of children suffering from sickle cell anemia.
B. The parent or other responsible person,  agency or third-party payor shall reimburse the department for part or all of the costs of services rendered to a child pursuant to this section according to a scale of rates and charges established by the department and based on the cost of services provided and the ability of the parent or responsible person to pay for these services.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-797.44 - Care and treatment of adults with sickle cell anemia; reimbursement

36-797.44.
Care and treatment of adults with sickle cell anemia;  reimbursement
A. Subject to the availability of monies,  the department of health services,  through the children's rehabilitative services,  may develop and operate,  either directly or by contracting with public or private providers,  programs for the diagnosis,  care and treatment of adults suffering from sickle cell anemia.
B. The adult or other responsible person,  agency or third-party payor shall reimburse the department for part or all of the costs of services rendered to an adult pursuant to this section according to a scale of rates and charges established by the department and based on the cost of services provided and the ability of the adult or other responsible person to pay for these services.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798 - Definitions

36-798.
Definitions
In this article,  unless the context otherwise requires:
1. " Bar"  means that portion of any premises licensed under section 4-209,  subsection B,  paragraph 6,  7,  11,  12 or 14 that is primarily used for the selling,  consumption or serving of alcoholic beverages and that is not primarily used for the consumption of food on the premises.
2. " Beedies"  or " bidis"  means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra),  or any other product that is offered to,  or purchased by,  consumers as beedies or bidis.
3. " Cigar"  means a roll of tobacco or any lawful substitute for tobacco that is wrapped in tobacco.
4. " Cigarette"  means a roll of tobacco or any lawful substitute for tobacco that is wrapped in paper or in any substance other than tobacco.
5. " Minor"  means a person who is under eighteen years of age.
6. " Retail tobacco vendor"  means a person who possesses tobacco or tobacco products for the purpose of selling them for consumption and not for resale.
7. " Smokeless tobacco"  includes shredded tobacco,  snuff,  cavendish and plug,  twist and other tobacco products that are intended for oral use but not for smoking.
8. " Smoking tobacco"  includes any tobacco or tobacco product,  other than cigarettes and cigars,  that is intended to be smoked.
9. " Tobacco products"  includes cigarettes,  cigarette papers,  cigars,  smokeless tobacco and smoking tobacco.
10. " Vending machine"  means any mechanical,  electrical or electronic device that,  on insertion of money,  tokens or any other form of payment,  automatically dispenses tobacco products.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798.01 - Selling or giving beedies or bidis; violation; classification

36-798.01.
Selling or giving beedies or bidis;  violation;  classification
A. It is unlawful for a retail tobacco vendor to sell,  furnish,  give or provide beedies or bidis to a minor in this state.
B. Any person who violates this section is guilty of a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798.02 - Vending machine sales of tobacco and tobacco products; signage; violation; classification

36-798.02.
Vending machine sales of tobacco and tobacco products;  signage;  violation;  classification
A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either:
1. A bar.
2. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors.
B. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters,  it is illegal for a minor to purchase cigarettes or tobacco products and,  upon conviction,  a fine of up to three hundred dollars may be imposed.
C. This article does not invalidate an ordinance of or prohibit the adoption of an ordinance by a county,  city or town to further restrict the location of vending machines or specify different wording for the vending machines signs as required by subsection B of this section.
D. A person who violates this section is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798.03 - Tobacco products prohibition at schools and school-related areas; exception; violation; classification

36-798.03.
Tobacco products prohibition at schools and school-related areas;  exception;  violation;  classification
A. Tobacco products are prohibited on school grounds,  inside school buildings,  in school parking lots or playing fields,  in school buses or vehicles or at off-campus school sponsored events. For purposes of this subsection,  " school"  means any public,  charter or private school where children attend classes in kindergarten programs or grades one through twelve.
B. Subsection A of this section does not apply to an adult who employs tobacco products as a necessary component of a school sanctioned tobacco prevention or cessation program established pursuant to section 15-712.
C. A person who violates this section is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798.04 - Unlawful manufacture, sale or distribution of cigarettes and roll-your-own tobacco; exception; violation; classification

36-798.04.
Unlawful manufacture,  sale or distribution of cigarettes and roll-your-own tobacco;  exception;  violation;  classification
A. Except as provided in subsection B or C of this section,  it is unlawful to manufacture,  sell or distribute in this state either:
1. A package or other container of cigarettes that contains fewer than twenty cigarettes.
2. A package of roll-your-own tobacco that contains less than 0.60 ounces of tobacco.
B. This section does not prohibit:
1. The manufacture of the products described in subsection A,  paragraphs 1 and 2 of this section for sale or distribution outside of this state.
2. The manufacture of the products described in subsection A,  paragraph 1 of this section for sale or distribution in compliance with subsection C of this section.
C. Products described in subsection A,  paragraph 1 of this section may be distributed or sold within this state only at a facility that is licensed pursuant to section 4-209,  subsection B,  paragraph 6,  and that admits only people who are at least twenty-one years of age.
D. A violation of this section is a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798.05 - Unsolicited delivery of tobacco products; violation; classification; civil penalties; definitions

36-798.05.
Unsolicited delivery of tobacco products;  violation;  classification;  civil penalties;  definitions
A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products unsolicited by at least one adult who resides at that address.
B. A person who knowingly violates subsection A of this section is guilty of a class 2 misdemeanor.
C. A person who violates subsection A of this section is subject to a civil penalty in an amount of not to exceed five thousand dollars for each violation. Each delivery of a tobacco product shall constitute a separate violation.
D. The attorney general may bring an action to recover civil penalties and as determined by the court,  taxable costs,  such other fees and expenses reasonably incurred and reasonable attorney fees,  in the name of the state for a violation of this section. All civil penalties recovered shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund and all other monies recovered shall be deposited,  pursuant to sections 35-146 and 35-147,  in the antitrust enforcement revolving fund established by section 41-191.02.
E. In this section,  unless the context otherwise requires:
1. " Knowingly"  has the same meaning prescribed in section 13-105.
2. " Person"  means an individual,  partnership,  firm,  association,  corporation,  limited liability company,  limited liability partnership,  joint venture,  or other entity,  other than an individual or entity engaged in the delivery of items for hire.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798.51 - Overdose and disease prevention programs; requirements; standards

36-798.51.
Overdose and disease prevention programs;  requirements;  standards
A. A city,  town,  county or nongovernmental organization,  including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors,  or any combination of these entities,  may establish and operate an overdose and disease prevention program. A program established pursuant to this section shall have all of the following objectives:
1. To reduce the spread of viral hepatitis,  HIV and other bloodborne diseases in this state.
2. To reduce needle-stick injuries to law enforcement officers and other emergency personnel.
3. To encourage individuals who inject drugs to enroll in evidence-based treatment.
4. To increase proper disposal of used syringes.
5. To reduce the occurrence of skin and soft tissue wounds and infections related to injection drug use.
B. A program established pursuant to this section shall offer all of the following:
1. Disposal of used needles and hypodermic syringes.
2. Needles,  hypodermic syringes and other injection supply items at no cost and in quantities sufficient to ensure that needles,  hypodermic syringes and other injection supply items are not shared or reused.
3. Educational materials on all of the following:
(a) Overdose prevention.
(b) Peer support services.
(c) The prevention of HIV,  viral hepatitis transmission and the incidence of skin and soft tissue wounds and infections.
(d) Treatment for mental illness,  including treatment referrals.
(e) Treatment for substance use disorder,  including referrals for substance use disorder treatment.
4. Access to kits that contain naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose,  or referrals to programs that provide access to naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose.
5. For each individual who requests services,  personal consultations from a program employee or volunteer concerning mental health or substance use disorder treatment or referrals for evidence-based substance use disorder treatment,  as appropriate.
C. A program established pursuant to this section shall develop standards for distributing and disposing of needles and hypodermic syringes based on scientific evidence and best practices. The number of needles and hypodermic syringes disposed of through a program shall be at least equivalent to the number of needles and hypodermic syringes distributed through the program.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-798.52 - Immunity

36-798.52.
Immunity
A. Notwithstanding title 13,  chapter 34,  an employee,  volunteer or participant of a program established pursuant to section 36-798.51 may not be charged with or prosecuted for possession of any of the following:
1. A needle,  hypodermic syringe or other injection supply item obtained from or returned to a program established pursuant to section 36-798.51.
2. A residual amount of a controlled substance contained in a used needle,  used hypodermic syringe or used injection supply item obtained from or returned to a program established pursuant to section 36-798.51.
B. Subsection A of this section applies only if the person claiming immunity provides verification that a needle,  hypodermic syringe or other injection supply item was obtained from an overdose and disease prevention program established pursuant to section 36-798.51.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-804 - Notice of bodies for burial at public expense; delivery

36-804.
Notice of bodies for burial at public expense;  delivery
Every public officer,  agent and servant of the state,  and every county,  city,  town and public institution supported in whole or in part at public expense,  having in his or its possession a dead human body for burial at public expense,  shall notify the department within twenty-four hours after obtaining the body,  and,  upon instruction from the department,  to deliver such body without fee or reward to the institution or person designated by the department.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-805 - Disposal of body of person executed at state prison

36-805.
Disposal of body of person executed at state prison
The bodies,  or portions thereof,  of persons executed at the state prison not claimed by relatives or friends within twenty-four hours after death,  may be disposed of for scientific purposes by the superintendent of the prison,  with consent of the governor,  upon instruction by the department as provided by section 36-804.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-806 - Bodies not subject to disposition under this article

36-806.
Bodies not subject to disposition under this article
A. This article shall not apply:
1. To bodies of persons who have died with smallpox,  diphtheria or scarlet fever.
2. If the deceased person during his last illness,  without suggestion or solicitation,  requested to be buried or cremated.
3. If within twenty-four hours after death or before actual delivery,  whichever is longer,  a person claiming to be and satisfying the officer in charge of the body that he is of kindred or is related by marriage to the deceased or a duly authorized representative thereof,  shall claim the body for burial or cremation or request in writing that it be buried at public expense.
4. If within the time specified in paragraph 3 of this subsection a person claiming to be and satisfying the officer in charge of the body that he is a friend of the deceased,  arranges to have the body properly buried or cremated without public expense.
B. Nothing in this article shall be construed to prevent any hospital,  duly incorporated college or university or any duly licensed physician,  surgeon or dentist from acquiring by gift or otherwise from persons having lawful authority to dispose thereof,  the dead body of a human being for the purpose of post mortem examinations,  dissection or other scientific use.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-807 - Persons and institutions authorized to receive bodies; delivery expenses

36-807.
Persons and institutions authorized to receive bodies;  delivery expenses
A. The department or its agent may take and receive or direct the delivery of bodies reported to it as provided by section 36-804 to hospitals,  colleges and universities,  physicians,  surgeons and dentists it deems entitled thereto which have requested in writing to receive them,  preference being given to hospitals and institutions of higher learning.
B. All expenses of delivery as directed by the department shall be paid by those receiving the body.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-831.01 - Disposition of remains; duty to comply with decedent's wishes; exemption from liability

36-831.01.
Disposition of remains;  duty to comply with decedent's wishes;  exemption from liability
A. If the person on whom the duty of burial is imposed pursuant to section 36-831 is aware of the decedent's wishes regarding the disposition of his remains,  that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship.
B. No funeral establishment or crematory licensed pursuant to title 32,  chapter 12 or 20 or a cemetery certified under title 32,  chapter 20,  that relies in good faith upon the instructions for disposition of a body given by the person authorized pursuant to section 36-831 shall be subject to civil liability or subject to disciplinary action for disposition of the remains in accordance with the instructions.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-832 - Authorization for post-mortem examination

36-832.
Authorization for post-mortem examination
A. In addition to the provisions set forth in section 11-597,  whichever of the following assumes custody of the body for purposes of burial may give permission to a licensed physician to conduct a post-mortem examination:
1. Father.
2. Mother.
3. Husband.
4. Wife.
5. Adult child.
6. Guardian.
7. Next of kin.
B. In the absence of any of the persons named in subsection A of this section,  a friend or one charged with the responsibility of burial may give permission to a licensed physician to conduct a post-mortem examination.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-843 - Who may make an anatomical gift before donor's death

36-843.
Who may make an anatomical gift before donor's death
Subject to the requirements of section 36-847,  an anatomical gift may be made during the life of the donor for the purpose of transplantation,  therapy,  research or education in the manner provided in section 36-844 by:
1. The donor,  if the donor is an adult or is a minor who is either:
(a) Emancipated.
(b) Authorized under state law to apply for a driver license because the donor is at least the youngest age at which an individual may apply for any type of driver license.
2. An agent of the donor,  unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift.
3. If the donor is an unemancipated minor,  a parent of the donor.
4. The donor's guardian.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-844 - Manner of making anatomical gift before donor's death

36-844.
Manner of making anatomical gift before donor's death
A. A donor may make an anatomical gift:
1. By registering to be a donor on the donor registry established by section 36-858.
2. In a will.
3. During a terminal illness or injury of the donor by any form of communication that is addressed to at least two adults,  at least one of whom is a disinterested witness.
4. As provided in subsection B of this section.
B. A donor or other person authorized to make an anatomical gift pursuant to section 36-843 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record,  the record may be signed by another individual at the direction of the donor or the other person and must:
1. Be witnessed by at least two adults,  at least one of whom is a disinterested witness,  who have signed at the request of the donor or the other person.
2. State that it has been signed and witnessed as provided in paragraph 1 of this subsection.
C. Revocation,  suspension,  expiration or cancellation of a driver license or an identification card on which an anatomical gift is indicated does not invalidate the gift.
D. An anatomical gift made by will takes effect on the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-845 - Amending or revoking anatomical gift before donor's death

36-845.
Amending or revoking anatomical gift before donor's death
A. Subject to the requirements of section 36-847,  a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may amend or revoke an anatomical gift by:
1. A record signed by either:
(a) The donor.
(b) The other person.
(c) Subject to the requirements of subsection B of this section,  another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign.
2. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift,  either expressly or by inconsistency.
B. A record signed pursuant to subsection A,  paragraph 1,  subdivision (c) must:
1. Be witnessed by at least two adults,  at least one of whom is a disinterested witness,  who have signed at the request of the donor or the other person.
2. State that it has been signed and witnessed as prescribed in paragraph 1 of this subsection.
C. Subject to the requirements of section 36-847,  a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may revoke an anatomical gift by the destruction or cancellation of the document of gift,  or the portion of the document of gift used to make the gift,  with the intent to revoke the gift.
D. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury that is addressed to at least two adults,  at least one of whom is a disinterested witness.
E. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as prescribed in subsection A of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-846 - Refusal to make anatomical gift; effect of refusal

36-846.
Refusal to make anatomical gift;  effect of refusal
A. An individual may refuse to make an anatomical gift of the individual's body or part by:
1. A record signed by either:
(a) The individual.
(b) Subject to the requirements of subsection B of this section,  another individual acting at the direction of the individual if the individual is physically unable to sign.
2. The individual's will,  whether or not the will is admitted to probate or invalidated after the individual's death.
3. Any form of communication made by the individual during the individual's terminal illness or injury that is addressed to at least two adults,  at least one of whom is a disinterested witness.
B. A record signed pursuant to subsection A,  paragraph 1,  subdivision (b) of this section must:
1. Be witnessed by at least two adults,  at least one of whom is a disinterested witness,  who have signed at the request of the individual.
2. State that it has been signed and witnessed as prescribed in paragraph 1 of this subsection.
C. An individual who has made a refusal may amend or revoke the refusal:
1. In the manner prescribed in subsection A of this section for making a refusal.
2. By subsequently making an anatomical gift pursuant to section 36-844 that is inconsistent with the refusal.
3. By destroying or canceling the record evidencing the refusal,  or the portion of the record used to make the refusal,  with the intent to revoke the refusal.
D. Except as otherwise prescribed in section 36-847,  subsection H,  in the absence of an express,  contrary indication by the individual set forth in the refusal,  an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-847 - Preclusive effect of anatomical gift, amendment or revocation

36-847.
Preclusive effect of anatomical gift,  amendment or revocation
A. Except as otherwise prescribed in subsections G and H of this section and subject to the requirements of subsection F of this section,  in the absence of an express,  contrary indication by the donor,  a person other than the donor is barred from making,  amending or revoking an anatomical gift if the donor made an anatomical gift pursuant to section 36-844 or an amendment to an anatomical gift pursuant to section 36-845.
B. A donor's revocation of an anatomical gift pursuant to section 36-845 is not a refusal and does not bar another person specified in section 36-843 or 36-848 from making an anatomical gift pursuant to section 36-844 or 36-849.
C. If a person other than the donor makes an unrevoked anatomical gift pursuant to section 36-844 or an amendment to an anatomical gift pursuant to section 36-845,  another person may not make,  amend or revoke the gift pursuant to section 36-849.
D. A revocation of an anatomical gift pursuant to section 36-845 by a person other than the donor does not bar another person from making an anatomical gift pursuant to section 36-844 or 36-849.
E. In the absence of an express contrary indication by the donor or other person authorized to make an anatomical gift pursuant to section 36-843,  an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
F. In the absence of an express,  contrary indication by the donor or other person authorized to make an anatomical gift pursuant to section 36-843,  an anatomical gift of a part for one or more of the purposes described in section 36-843 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person pursuant to section 36-844 or 36-849.
G. If a donor who is an unemancipated minor dies,  a parent of the donor who is reasonably available may revoke or amend an anatomical gift.
H. If an unemancipated minor who signed a refusal dies,  a parent of the minor who is reasonably available may revoke the minor's refusal.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-848 - Who may make anatomical gift of decedent's body or part

36-848.
Who may make anatomical gift of decedent's body or part
A. Subject to the requirements of subsections B and C of this section,  and unless barred pursuant to section 36-846 or 36-847,  an anatomical gift for transplantation,  therapy,  research or education may be made by any member of the following classes of persons who is reasonably available,  in the order of priority listed:
1. An agent of the decedent at the time of death who could have made an anatomical gift pursuant to section 36-843 immediately before the decedent's death.
2. The decedent's spouse.
3. The decedent's adult children.
4. The decedent's parents.
5. If the decedent is unmarried,  the decedent's domestic partner,  if another person had not assumed financial responsibility for the decedent.
6. The decedent's adult siblings.
7. The decedent's adult grandchildren.
8. The decedent's grandparents.
9. An adult who exhibited special care and concern for the decedent.
10. The persons who were acting as the guardians of the person of the decedent at the time of death.
11. Any other person who has the authority to dispose of the decedent's body.
B. If there is more than one member of a class that is listed in subsection A,  paragraph 1,  3,  4,  5,  6,  7,  8 or 10 of this section who is entitled to make an anatomical gift,  an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass pursuant to section 36-850 knows of an objection by another member of the class. If an objection is known,  the gift may be made only by a majority of the members of the class who are reasonably available.
C. A person may not make an anatomical gift if,  at the time of the decedent's death,  a person in a prior class pursuant to subsection A of this section is reasonably available to make or to object to the making of an anatomical gift.
D. If the decedent's body is not within the custody of the county medical examiner,  the county health officer may release and permit the removal of any part from the body in the county health officer's custody for transplantation,  therapy,  education or research if the requirements of section 36-860,  subsection A,  are met.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-849 - Manner of making, amending or revoking anatomical gift of decedent's body or part

36-849.
Manner of making,  amending or revoking anatomical gift of decedent's body or part
A. A person who is authorized to make an anatomical gift pursuant to section 36-848 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or that is contemporaneously reduced to a record and that is signed by the individual receiving the oral communication.
B. Subject to the requirements of subsection C of this section,  an anatomical gift by a person who is authorized pursuant to section 36-848 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available,  the gift made by a person authorized pursuant to section 36-848 may be either:
1. Amended only if a majority of the reasonably available members agree to the amending of the gift.
2. Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
C. A revocation pursuant to subsection B of this section is effective only if,  before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient,  the procurement organization,  transplant hospital,  physician or technician knows of the revocation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-850.02 - Organ transplant; discrimination; violation; civil action

36-850.02.
Organ transplant;  discrimination;  violation;  civil action
A. If an individual believes that a health care provider or health care facility has violated or is violating section 36-850.01,  the affected individual may commence a civil action for injunctive and other equitable relief against the health care provider or health care facility for the purposes of enforcing compliance with that section. The action may be brought in the superior court in the county where the affected individual resides or resided or was denied the organ transplant or referral.
B. In an action brought under this section,  the court shall give the action priority on its docket and expedited review,  and may grant injunctive or other equitable relief,  including any of the following:
1. Requiring auxiliary aids or services to be made available for a qualified recipient.
2. Requiring the modification of a policy,  practice or procedure of the health care provider or health care facility.
3. Requiring that health care facilities be made readily accessible to and usable by a qualified recipient.
C. This section does not limit or replace available remedies under the Americans with disabilities act of 1990,  as amended (42 United States Code sections 12101 through 12213),  or any other applicable law.
D. This section does not create a right to compensatory or punitive damages against a health care provider or health care facility.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-851 - Delivery of document of gift not required; right to examine

36-851.
Delivery of document of gift not required;  right to examine
A. A document of gift need not be delivered during the donor's lifetime to be effective.
B. On or after an individual's death,  a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to section 36-850.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-851.01 - Procurement organizations; licensure; renewal; fees; penalties; exceptions

36-851.01.
Procurement organizations;  licensure;  renewal;  fees;  penalties;  exceptions
A. A person may not act as a procurement organization in this state unless the person is licensed by the department of health services as a procurement organization. The person shall apply in writing to the director of the department on a form specified by the director,  shall include all information requested in the application and shall pay the fees prescribed by the director.
B. The director shall grant a procurement organization license to a person if the organization either is accredited by a nationally recognized accrediting agency that is approved by the department of health services and maintains full accreditation with the accrediting agency or meets the requirements prescribed in section 36-851.03 and the rules adopted by the department.
C. A license under this section is valid for two years and must be renewed every two years. A person shall file an application for renewal at least thirty days before the expiration of the current license.
D. Each procurement organization applying for licensure or license renewal under this section shall pay all applicable fees as prescribed by the director. All fees collected pursuant to this section for the licensure and license renewal of procurement organizations shall be deposited in the health services licensing fund established by section 36-414.
E. The director may sanction,  impose civil penalties on or,  pursuant to title 41,  chapter 6,  article 10,  suspend or revoke,  in whole or in part,  the license of any procurement organization if any person who is an owner,  officer,  agent or employee of the procurement organization is in or continues to be in violation of this article or the rules of the department of health services adopted pursuant to this article.
F. This section does not apply to any of the following:
1. An organ procurement organization as described by 42 United States Code section 273 that is designated for this state by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1320b-8.
2. A procurement organization that is regulated by the United States food and drug administration in connection with the recovery of human tissue intended for transplantation pursuant to 21 Code of Federal Regulations part 1270.
3. A procurement organization as defined in section 36-841,  paragraph 27,  subdivision (d).
4. A procurement organization that is affiliated with an accredited educational institution in connection with the education of students enrolled in a degree-granting program for health professionals.
5. A procurement organization that recovers anatomical gifts for research or education,  including for quality improvement or quality assurance,  and that is affiliated with a hospital that is licensed pursuant to chapter 4 of this title.
6. A hospital that is licensed pursuant to chapter 4 of this title.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-851.02 - Procurement organizations; deemed status; requirements; inspection

36-851.02.
Procurement organizations;  deemed status;  requirements;  inspection
A procurement organization that is licensed pursuant to section 36-851.01 by virtue of its accreditation status:
1. Is deemed to meet health and safety requirements that are equivalent to those set forth in section 36-851.03 and is not required to meet the requirements prescribed in section 36-851.03 except as specified in paragraph 2 of this section if the procurement organization maintains its accredited status with the accrediting agency.
2. Shall comply with all of the following as adopted in rule by the department of health services:
(a) The proper use and maintenance of donor consent forms.
(b) The implementation and maintenance of proper identification systems for bodies and disarticulated items.
(c) The implementation and maintenance of protocols and materials for procedures used by the procurement organization to properly screen end users.
(d) The proper documentation and disclosure of the disease status of tissue specimens to end users.
(e) Labeling,  packaging,  transport and distribution policies and procedures.
(f) Final disposition procedures.
3. Shall provide a designated area for tissue recovery that does not operate in a funeral establishment for the recovery of whole bodies for medical research and education.
4. Is subject to inspection by the department of health services at any time with respect to compliance with the requirements of paragraph 2 of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-853 - Coordination of procurement and use

36-853.
Coordination of procurement and use
A. Each hospital in this state shall enter into one or more agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
B. If there has been an anatomical gift,  the institution where the removal of any donated parts occurs shall notify the funeral director or the person acting in that capacity who first assumes custody of the body about the removal of the body parts.