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Chapter 0033 - 572R - S Ver of SB1123
Senate Engrossed
medical examiners;
authorized persons
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 33
SENATE BILL 1123
AN
ACT
Amending sections 11-594, 32-3207
and 36-831, Arizona Revised Statutes; relating to duties of the medical
examiner.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-594, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-594.
Powers and duties of county medical examiner
A. The county medical examiner or alternate medical
examiner shall direct a death investigation and, on a determination that the
circumstances of the death provide jurisdiction pursuant to section 11-593,
subsection B, shall:
1. Take charge of the dead body.
2. Determine if an autopsy is required.
3. Certify to the cause and manner of death
following completion of the death investigation,
reduce
the findings to writing and promptly make a full report on forms prescribed for
that purpose.
4. Have subpoena authority for all documents,
records and papers deemed useful in the death investigation.
5. Execute a death certificate provided by the state
registrar of vital statistics indicating the cause and the manner of death for
those bodies for which a death investigation has been conducted and
jurisdiction is assumed.
6. Give approval for cremation or alkaline
hydrolysis of a dead body after a death investigation and record the approval
on the death certificate.
7. Notify the county attorney or other law
enforcement authority when death is found to be from nonnatural causes.
8. Carry out the duties specified under section 28-668.
9. Carry out the duties specified under title 36,
chapter 7, article 3.
10. Provide a blood sample from a deceased person
for the purpose of communicable disease testing pursuant to sections 13-1210
and 36-670 if the blood is available and the collection or release will
not interfere with a medical examination, autopsy or certification of death.
11. Observe all policies adopted by the board of
supervisors regarding conflicts of interest and disclosure of noncounty
employment.
B. The county medical examiner or alternate medical
examiner may:
1. Assign to a medical death investigator or other
qualified personnel all aspects of a death investigation except performing
autopsies.
2. Authorize forensic pathologists to perform
examinations and autopsies. The medical examiner or alternate
medical examiner may authorize medical students or residents and fellows in
pathology training to perform autopsies under the supervision of a licensed
physician who is
board certified
trained
in forensic pathology, pursuant to procedures adopted by the county medical
examiner or alternate medical examiner.� Authorization and the amount to be
paid by the county for pathology services are subject to approval of the board
of supervisors.
3. Authorize pathologist assistants to assist with
performing autopsies under the direct supervision of a licensed physician who
is board certified in forensic pathology, pursuant to procedures adopted by the
county medical examiner or alternate medical examiner.� A pathologist assistant
may not certify a cause of death or independently perform an autopsy.
4. Delegate any power, duty or function, whether
ministerial or discretionary, vested by this chapter in the medical examiner or
alternate medical examiner to a person meeting the qualifications prescribed in
this chapter who is employed by or who has contracted with the county to
provide death investigation services. The medical examiner or
alternate medical examiner shall be responsible for the official acts of the
person designated pursuant to this section and shall act under the name and
authority of the medical examiner or alternate medical examiner.
5. Authorize the taking of organs and tissues as
they prove to be usable for transplants, other treatment, therapy, education or
research if all of the requirements of title 36, chapter 7, article 3 are
met. The medical examiner or alternate medical examiner shall give
this authorization within a time period that allows a medically viable
donation.
6. Authorize licensed physicians, surgeons or
trained technicians to remove parts of bodies provided they follow an
established protocol approved by the medical examiner or alternate medical
examiner.
7. Limit the removal of organs or tissues for
transplants or other therapy or treatment if, based on a review of available
medical and investigative information within a time that allows a medically
viable donation, the medical examiner or alternate medical examiner makes an
initial determination that their removal would interfere with a medical
examination, autopsy or certification of death. Before making a
final decision to limit the removal of organs, the medical examiner or alternate
medical examiner shall consult with the organ procurement organization. After
the consultation and when the organ procurement organization provides
information that the organ procurement organization reasonably believes could
alter the initial decision and at the request of the organ procurement
organization, the medical examiner or alternate medical examiner shall conduct
a physical examination of the body. If the medical examiner or
alternate medical examiner limits the removal of organs, the medical examiner
or alternate medical examiner shall maintain documentation of this decision and
shall make the documentation available to the organ procurement organization.
C. A county medical examiner or alternate medical
examiner shall not be held civilly or criminally liable for any acts performed
in good faith pursuant to subsection A, paragraph 10 and subsection B,
paragraphs 5, 6 and 7 of this section.
D. If a dispute arises over the findings of the
medical examiner's report, the medical examiner, on an order of the superior
court, shall make available all evidence and documentation to a
court-designated licensed forensic pathologist for review, and the results of
the review shall be reported to the superior court in the county issuing the
order.
E. For providing external examinations and autopsies
pursuant to this section, the medical examiner may charge a fee established by
the board of supervisors pursuant to section 11-251.08.
F. The county medical examiner or alternate medical
examiner is entitled to all medical records and related records of a person for
whom the medical examiner is required to certify cause of death.
END_STATUTE
Sec. 2. Section 32-3207, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-3207.
Disease hazard; suspected significant exposure; testing;
petition; notice of results; definition
A. A health professional may petition the court to
allow for the testing of a patient or deceased person if there is probable
cause to believe that in the course of that health professional's practice
there was a significant exposure.
B. The court shall hear
the
a
petition
filed pursuant to subsection a of
this section
promptly.� If the court finds that probable cause exists to
believe that significant exposure occurred between the patient or deceased
person and the health professional, the court shall order that either:
1. The person who transferred blood or bodily fluids
onto the health professional provide two specimens of blood for testing.
2. If the person is deceased, the medical examiner
draw two specimens of blood for testing.
C. On written notice from the employer of the health
professional, the medical examiner
or person authorized to
perform the duties of a medical examiner, including a medical student, resident
or fellow in pathology training under the supervision of a licensed physician
who is trained in forensic pathology,
is authorized to draw two
specimens of blood for testing during the autopsy or other examination of the
deceased person's body.� The medical examiner
or person
authorized to perform the duties of the medical examiner
shall release
the specimen to the employing agency or entity for testing only after the court
issues its order pursuant to subsection B
of this section
. If
the court does not issue an order within thirty days after the medical examiner
or person authorized to perform the duties of the medical
examiner
collects the specimen, the medical examiner shall destroy the
specimen.
D. Notice of the test results shall be provided as
prescribed by the department of health services to the person tested, the
health professional named in the petition and the health professional's
employer.� If the person
tested
is incarcerated or
detained, the notice shall also be provided to the chief medical officer of the
facility in which the person is incarcerated or detained.
E. For the purposes of this section,
"significant exposure" means contact of a person's ruptured or broken
skin or mucous membranes with another person's blood or bodily fluid, other
than tears, saliva or perspiration, of a magnitude that the
united
states
centers for disease control
of
the United States public health service
and prevention
have epidemiologically demonstrated can result in the transmission of
blood borne
bloodborne
or bodily fluid
carried diseases.
END_STATUTE
Sec. 3. Section 36-831, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-831.
Duty for funeral and disposition arrangements; waiver of
decision-making; counties; civil liability; costs; veterans; immunity;
definitions
A. Except as provided
pursuant to
in
subsection I or J of this section, the duty of burying the
body of or providing other funeral and disposition arrangements for a
dead person
decedent
devolves in the
following order:
1. If the
dead person
decedent
was married,
on the surviving spouse unless:
(a) The
dead person
decedent
was legally separated from the person's spouse.
(b) A petition for divorce or for legal separation
from the
dead person's
decedent's
spouse was filed before the person's death and
remains pending at the time of death.
2. On the person who is designated as having power
of attorney for the decedent in the decedent's most recent health care power of
attorney pursuant to chapter 32, article 2 of this title if that power of
attorney specifically gives that person the authority to make decisions
regarding the disposition of the decedent's remains or a durable power of
attorney if that power of attorney specifically gives that person the authority
to make decisions regarding the disposition of the decedent's remains.
3. If the
dead person
decedent
was a minor, on the parents.
4. On the adult children of the
dead
person
decedent
.
5. On the
dead person's
decedent's
parent.
6. On the
dead person's
decedent's
adult sibling.
7. On the
dead person's
decedent's
adult grandchild.
8. On the
dead person's
decedent's
grandparent.
9. On an adult who exhibited special care and
concern for the
dead person
decedent
.
10. On the person who was acting as the guardian of
the person of the
dead person
decedent
at the time of death.
11. On any other person who has the authority to
dispose of the
dead person's
decedent's
body.
12. If none of the persons named in paragraphs 1
through 11 of this subsection is financially capable of providing for the
burial or other funeral and disposition arrangements
,
or cannot be located on reasonable inquiry, on any person or
fraternal, charitable or religious organization willing to assume
responsibility.
13. If the
dead person
decedent
was a prisoner in the custody of the state department
of corrections at the time of death and none of the persons named in paragraphs
1 through 11 of this subsection is willing to provide for the burial or other
funeral and disposition arrangements
,
or cannot be
located on reasonable inquiry, on the state department of corrections.
B. During a person's life, the person's family
members that are listed in subsection A of this section may sign a waiver of
decision making
decision-making
that
waives their rights under this section relating to the disposition of the
person's body when the person dies.
C. If none of the persons named in subsection A of
this section is willing or financially able to bury or provide other funeral
and disposition arrangements for a
dead
deceased
person, or if the person cannot be located after reasonable
efforts have been made to do so, the county in which death occurs shall bury or
place in a permanent care crypt the dead body or cremated remains of a dead
body. The county officer who is responsible for determining
financial eligibility or abandonment may conduct an investigation for that
purpose. If the decedent is known to be an honorably discharged
veteran or the surviving spouse of an honorably discharged veteran, the county
shall notify the United States department of veterans affairs or a local
veteran's organization, or both, of the death and give the department or that
organization the opportunity to provide for the person's burial or for other
funeral and disposition arrangements.� If the department or organization is
unable to provide for the burial of the veteran or the surviving spouse, the
county shall ensure that the decedent is properly interred and that burial is
made in a veterans' cemetery or a portion of a cemetery that is designated for
the burial of veterans and spouses of veterans.
D. If there is more than one member of a category
listed in subsection A, paragraph 3, 4, 5, 6, 7, 8 or 9 of this section
entitled to serve as the authorizing agent, final arrangements may be made by
any member of that category unless that member knows of any objection by
another member of the category.� If an objection is known, final arrangements
shall be made by a majority of the members of the category who are reasonably
available.
E. If the county medical examiner or person
performing
authorized to perform
the
duties of the county medical examiner
, including a medical
student, resident or fellow in pathology training under the supervision of a
licensed physician who is trained in forensic pathology,
knows that the
dead person
deceased
is a member of a
federally recognized Native American tribe located in this state, the county
medical examiner or person
performing
authorized to perform
the duties of the county medical examiner must
notify the tribe and give the tribe the opportunity to provide for the person's
burial or other funeral and disposition arrangements. If an autopsy
is required by section 11-597, the county medical examiner or person
performing
authorized to perform
the
duties of the county medical examiner, if possible, shall complete the autopsy
and return the remains to the federally recognized Native American tribe
located in this state within four calendar days after the determined date of
death.
F. A person on whom the duty prescribed in
subsection A of this section is imposed who omits or is unwilling to perform
that duty within a reasonable time or is prohibited from performing that duty
under subsection I of this section is liable to the person performing the duty
in an amount of two times the expenses the person incurred in providing for the
burial or other funeral and disposition arrangements. The person who
performs this duty may recover this amount in a civil action.
G. Notwithstanding the probate requirements of title
14, if a county is required to bury a person pursuant to subsection C of this
section, the county may recover the burial costs from the decedent's estate.�
The county may record a lien on the decedent's estate
,
and the lien takes priority over a beneficiary deed.� A financial institution
in possession of
that possesses
monies in
an account in the decedent's name must reimburse the county for the burial
costs on presentation by the county of an affidavit that certifies:
1. The date of the decedent's death.
2. That, pursuant to this section, the county
performed the decedent's burial.
3. The total burial costs incurred by the county.
H. A person, a corporation or an agency of
government that provides for the burial or other funeral and disposition
arrangements on the instructions of a person described in subsection A of this
section is immune from civil liability:
1. For failing to honor the wishes of the decedent
or the wishes of a person who has a higher priority
as
prescribed
in subsection A or C of this section if the person,
corporation or agency of government was not aware, after reasonable inquiry, of
the contrary wishes.
2. For refusing to follow conflicting directions of
persons who have the same priority
as prescribed
in
subsection A of this section.
3. For following directions of a personal
representative that are consistent with the written testamentary instructions
of the decedent.
I. The duty to bury or to provide other funeral and
disposition arrangements devolves to the next person in the order prescribed
pursuant to
in
subsection A of this
section if the person who is otherwise responsible for performing this duty is
charged with the criminal death of the person to whom the duty is owed and the
funeral director is aware of the charge.� The person who performs this duty may
recover costs as prescribed in subsection F of this section. If the
charges against the person on whom this duty originally fell are subsequently
dismissed or are resolved in that person's favor on the merits, the person is
responsible for only the actual costs.
J. If the decedent died while serving in any branch
of the United States armed forces, the United States reserve forces or the
national guard, and completed a United States department of defense record of
emergency data, DD form 93, or its successor form, the duty to bury the
decedent or to provide other funeral and disposition arrangements for the
decedent devolves on the person authorized by the decedent pursuant to that
form.
K. A person that possesses unclaimed cremated
remains may release to the United States department of veterans affairs or a
veterans' service organization verification information associated with the
remains to verify whether the remains are of a veteran or a veteran's dependent
who is
eligible to be interred in a veterans' cemetery if the
person has possessed the cremated remains for at least one year, a person
described in subsection A of this section has not claimed the cremated remains
and the person made a reasonable effort to locate a relative of the decedent to
claim the remains. If the person receives notice from the United
States department of veterans affairs or a veterans' service organization that
the unclaimed cremated remains are the remains of a veteran or a veteran's
dependent
who is
eligible to be interred in a veterans'
cemetery, the person may transfer the cremated remains to a veterans' service
organization, which must ensure that the cremated remains are interred in a
veterans' cemetery or transport the cremated remains to a veterans' cemetery
for burial.
L. A person that releases verification information
pursuant to subsection K of this section or that transfers cremated remains to
a veterans' service organization or a veterans' cemetery pursuant to subsection
K of this section is immune from civil liability for damages resulting from the
release or transfer.� A veterans' service organization that inters cremated
remains in or transports cremated remains to a veterans' cemetery pursuant to
subsection K of this section is immune from civil liability for damages arising
from the interment.
M. For the purposes of this section:
1. "Person" includes a natural person, a
corporation, a company, a partnership, a firm, an association, a society, the
United States, this state, any territory, state or country, an Arizona
federally recognized Native American tribe, any political subdivision of this
state or a public or private corporation, a partnership or association or a
veterans' service organization.
2. "Verification
information"
:
(
a
)
Means data required by the United States
department of veterans affairs to verify whether a person is a veteran or a
veteran's dependent and is eligible for burial in a veterans' cemetery
.
, including
(
b
) includes
a
copy of the person's death certificate and the person's name, service number,
social security number, date of birth, date of death and place of birth.
3. "Veterans' service organization" means
a veterans' organization that is chartered by the United States Congress, that
is recognized by the United States department of veterans affairs or that
qualifies as a charitable organization that is recognized under either section
501(c)(3) or 501(c)(19) of the internal revenue code and that is organized for
the verification and burial of veterans and their dependents.
N. For the purposes of this article,
"burial" includes cremation.
END_STATUTE
APPROVED BY THE GOVERNOR APRIL 13, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.