§ 36-850.02 — Organ transplant; discrimination; violation; civil action

Arizona § 36-850.02

• Jurisdiction: Arizona
• Title 36: Arizona Revised Statutes
• Ch. 7: DISPOSITION OF HUMAN BODIES
• Art. 3: Revised Uniform Anatomical Gift Act

Text

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.