X-Message-Number: 2613 Date: Wed, 16 Feb 94 12:47:30 From: <> Subject: CRYONICS Alcor/Arizona DHS Letters (Via unlicensed copy of UGATE) Hi, everyone. Recently Steve Bridge posted about Alcor's upcoming move (Message #2607 - "Alcor move coming soon"), in which he refers to two letters--which he could not include with his post. The first letter was written by our attorney Ron Carmichael to Gregg Jacquin of the Arizona Department of Health, and the second is Mr. Jacquin's reply. I have appended these letters below. Enjoy. ************************************* Mr. Gregg Jacquin, Assistant Director Arizona Department of Health Services 1740 West Adams Phoenix, Arizona 85007 Re: *Alcor Life Extension Foundation* Dear Mr. Jacquin: Enclosed you will find three applications and permits for disposition of human remains issued by the local registrar of Riverside, California. The State of California has issued these permits to Alcor Life Extension foundation (Alcor) as donee of anatomical gifts made in accordance with the laws governing anatomical donations. As you can see on the permits, Alcor has the authority under California law to sign the permits as the person acting as the funeral director, i.e., the person responsible for disinterment and disposition of the human remains. These permits allow Alcor to disinter the human remains and transport them out of the State of California to their final destination within the State of Arizona. Also enclosed are three completed, modified disposal transit permits which under A.R.S. § 331 (C) and Regulation R9 19 320 of the Arizona Administrative Code are required in order to transport human remains into the State of Arizona for final disposition. Stephen Bridge, as President of Alcor, has also signed the permits on behalf of Alcor as the donee of the anatomical gifts. As you know, Alcor has been working with your Department for approximately one and one half years to gain approval to move its patients from the State of California to the State of Arizona. Based upon representations made, it was Alcor_s understanding that the Department would approve of such move and issue the appropriate permits. As a result of such understanding, Alcor made arrangements to move its patients to a Scottsdale location. However, after the arrangements were made, the Department expressed some concerns about the move, including whether or not the move would violate the sealed container requirement of Regulation 9 19 312 of the Arizona Administrative Code. After discussions with the Board of Funeral Directors and Embalmers and Julie Tolleson, the assistant attorney general for the Board, there was a consensus that the sealed container regulation would not apply. This is because the provisions of the Anatomical Gift Act, A.R.S. § 36 841 et.seq. apply to the disposition of the patients in this case and such regulation would conflict with such Act and render it unworkable. We therefore believe that the only remaining issue to be resolved is whether or not a funeral director is required to execute the disposal transit forms. Although the disposal transit permit forms and Regulation R9 19 317 do refer to the signature of a funeral director and to a funeral home, we believe that Mr. Bridge has the authority under Arizona law to sign such permits. First, under A.R.S. § 36 331(C), "[a] disposal transit permit issued under the law of another state which accompanies the dead human remains brought into this state shall be sufficient authority for the issuance of a disposal transit permit of this state for final disposition of dead human remains in this state." Since the State of California has already issued permits for disposition of human remains, the State of Arizona under A.R.S. § 36 331(C) is also required to issue disposal transit permits. This is consistent with the necessities of intestate commerce and the requirements of the Full Faith and Credit provisions of the Constitution. Second, Regulation R9 19 101(14) defines a "person acting as a funeral director" as "a person other than a licensed funeral director who has assumed the responsibility for the disposition of a dead human body." Under Regulation R9 19 318, which governs cases of persons who have died in the State of Arizona, a disposal transit permit may be obtained by a person acting as a funeral director. Also, Regulation R9 19 329 which governs issuance of permits for disinterment and reinterment allows for a person in charge of the location where remains are disinterred and reinterred to sign such permits. Similar to California law on this point, these regulations suggest an intent by the State to allow a person, other than a funeral director, to obtain the transit disposal permits as long as that person is responsible for the disposition of the human remains. Alcor is the responsible entity in this case. In addition, Alcor is the donee of anatomical gifts under the Anatomical Gift Act. Unfortunately, there are no regulations which accompany this Act. Further, the regulations enacted under Title 9 governing vital records and statistics of the Department of Health Services do not address the problem of transporting human remains which constitute anatomical gifts. This raises doubts as to the jurisdiction of the Board of Funeral Directors and Embalmers regarding transfers of anatomical gifts within or to the State of Arizona. This further supports Alcor_s position that transit disposal permits for anatomical gifts do not need to be signed by a funeral director. It is imperative that the permits be issued as expeditiously as possible. This action is necessary because Alcor has given notice to vacate its premises in California and has no desire to continue to operate in an area that is geologically unstable as is the Riverside, California area. Alcor has already entered into a new lease at its Scottsdale facility and has made arrangements to move some of its patients to this location on or about January 24 or January 25 of 1994. I am satisfied that we will have time to resolve other issues relating to Alcor members in the State of Arizona who have already contracted with Alcor before we have an actual issue in this matter. Therefore, we would appreciate your processing these permits as soon as possible so Alcor can begin to set up operations in Scottsdale, Arizona. Your cooperation in this process is sincerely solicited and if you have any questions whatsoever, please do not hesitate to contact me or the principals of Alcor. We look forward to cooperating with the Department of Health Services in any way we can and look forward to a long and successful business operation in the State of Arizona. Respectfully, CARMICHAEL & POWELL Ronald W. Carmichael RWC/la Enclosures ccs: Stephen Bridge Terri Skladany, Esq. Julie Tolleson, Esq. Jean Ellzey **************************************** Ronald W. Carmichael, Esq. Carmichael & Powell 7301 North 16th St. Suite 103 Phoenix, AZ 85020 5224 Re: Alcor Life Extension Foundation Dear Mr. Carmichael: I received your letter of January 12, 1994, along with copies of the disposal transit permits issued by the State of California for three individuals who have donated their bodies to Alcor Life Extension Foundation. I have also had the opportunity to evaluate the three applications for Arizona disposal transit permits that you submitted and requested be issued to transport these bodies to Arizona. Based on the legal authority in A.R.S. § 36 331 (C), the Department will issue the three disposal transit permits. Based on the evidence that Alcor presented to us and our review of the rules governing the disposition of bodies, I remain concerned about the potential public health and safety problems associated with Alcor_s business operations. Although we understand that Alcor has taken multiple steps to assure the safety of its operations, this Department has a statutory mandate to protect the public health, especially in the area of communicable diseases as it relates to the preparation, transportation, interment and disinterment of dead human remains. Consequently, the Department will pursue rules that address our public health and safety concerns. These rules will apply to all human bodies brought into or kept in this state whether or not they fall under the Anatomical Gift Act. Before closing, I must take exception to provisions in your letter that are factually and legally incorrect. For example, you state that based upon representations made your client understood that the Department would approve its move to Arizona and issue the appropriate permits. It was never the Department_s intent to impede Alcor_s ability to do business in Arizona. From our initial correspondence, however, I cautioned Alcor about this Department_s rules that impacted on its move to Arizona. Any business decisions that Alcor made were without the approval, consent or knowledge of the Department of Health Services. Because the Department will issue the disposal transit permits, as you requested, I will not address your interpretation of the Department_s rules or statutes. Nonetheless, it is our position that you are patently incorrect when you allege that the Anatomical Gifts Act somehow supersedes the jurisdiction of the Department and other State agencies. The rules adopted by the Director for the preparation, interment, disinterment and transportation of dead human bodies in this State are to be observed throughout the State, without exception. A.R.S. § 36 136(I). I appreciate your client_s desire to cooperate with us in the operation of its business and look forward to its input in the adoption of our rules. Sincerely, Gregg Jacquin Associate Director Intergovernmental Affairs, Legislative Services ************************************* Derek Ryan -- Membership Administrator Alcor Life Extension Foundation 800-367-2228 Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=2613