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.


Ronald W. Carmichael


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.


Gregg Jacquin
Associate Director Intergovernmental Affairs, 
Legislative Services


Derek Ryan -- 
Membership Administrator
Alcor Life Extension Foundation

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