1. A. A licensed health care institution where abortions are performed shall submit to the Department, in a Department-provided format and according to A.R.S. § 36-2161(D) and (E), a report that contains the information required in A.R.S. § 36-2161(A) and the following:

   1. 1. The final disposition of the fetal tissue from the abortion; and

   2. 2. Except as provided in subsection (B), if custody of the fetal tissue is transferred to another person or persons:

      1. a. The name and address of the person or persons accepting custody of the fetal tissue,
      2. b. The amount of any compensation received by the licensed health care institution for the transferred fetal tissue, and
      3. c. Whether a patient provided informed consent for the transfer of custody of the fetal tissue.

2. B. A licensed health care institution where abortions are performed is not required to include the information specified in subsections (A)(2)(a) through (c) in the report required in subsection (A) if the licensed health care institution where abortions are performed:

   1. 1. Transfers custody of the fetal tissue:

      1. a. To a funeral establishment, as defined in A.R.S. § 32-1301;
      2. b. To a crematory, as defined in A.R.S. § 32-1301; or
      3. c. According to requirements in A.A.C. R18-13-1406, A.A.C. R18-13-1407, and A.A.C. R18-13-1408; or
   2. 2. Complies with requirements in A.A.C. R18-13-1405.
3. C. For purposes of this Section, the following definition applies: “Fetal tissue” means cells, or groups of cells with a specific function, obtained from an aborted human embryo or fetus.

Historical Note

New Section made by emergency rulemaking at 21 A.A.R. 1787, effective August 14, 2015 for 180 days (Supp. 15-3). Emergency expired February 10, 2016. Section amended by emergency rulemaking at 22 A.A.R. 420, effective February 11, 2016, for an additional 180 days; filed in the Office February 8, 2016 (Supp. 16-1). New Section made by final rulemaking at 22 A.A.R. 1343, with an immediate effective date upon filing under A.R.S. § 41-1032(A)(1) and (4) of May 5, 2016 (Supp. 16-2). Amended by final expedited rulemaking at 25 A.A.R. 1893, effective July 2, 2019 (Supp. 19-3).