36-859. Effect of anatomical gift on health care directive; definitions

344 words·~2 min read·/az/title-36/36-859

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If the terms of a prospective donor's living will or health care directive and the express or implied terms of an anatomical gift made by the prospective donor, or made by any other person, appear to be in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, appropriate consultation shall occur to determine the prospective donor's actual or likely intent in resolving that conflict. Resolution of the conflict shall occur as expeditiously as possible.

If the prospective donor is unable to resolve the conflict, another person authorized by law to make health care decisions on behalf of the prospective donor shall resolve the conflict. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing of the measures is not contraindicated by appropriate end of life care.

B. For the purposes of subsection A of this section, appropriate consultation must include the prospective donor's attending physician, the hospital’s ethics committee or, if none, a designated representative of the hospital, and the agent acting under the prospective donor's health care directive or, if none, any other individual authorized by law to make health care decisions on behalf of the prospective donor and may include the appropriate procurement organization and any other person authorized to make an anatomical gift pursuant to section 36-848.

If the appropriate consultation does not resolve the conflict, the agent acting under the prospective donor's health care directive or, if none, any other individual authorized by law to make health care decisions on behalf of the prospective donor, or the majority of such individuals, is empowered to make the final decision of how to proceed.

C. For the purposes of this section:

1. "Health care decision" means any decision made regarding the health care of the prospective donor.

2. "Health care directive" has the same meaning prescribed in section 36-3201.

3. "Living will" has the same meaning prescribed in section 36-3201.