§ 20-17-1201. Short title

This subchapter shall be known and may be cited as the “Revised Arkansas Anatomical Gift Act”.

§ 20-17-1202. Definitions

In this subchapter: (1) “Adult” means an individual who is at least eighteen (18) years of age. (2) “Agent” means an individual: (A) authorized to make healthcare decisions on the principal’s behalf by a power of attorney for health care; or (B) expressly authorized to make an anatomical gift on the principal’s behalf by any […]

§ 20-17-1203. Applicability

This subchapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

§ 20-17-1204. Who may make anatomical gift before donor’s death

Subject to § 20-17-1208, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 20-17-1205 by: (1) the donor, if the donor is an adult or if the donor is a minor […]

§ 20-17-1205. Manner of making anatomical gift before donor’s death

(a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by any form of communication addressed […]

§ 20-17-1206. Amending or revoking anatomical gift before donor’s death

(a) Subject to § 20-17-1208, a donor or other person authorized to make an anatomical gift under § 20-17-1204 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual acting at the direction of the donor or […]

§ 20-17-1207. Refusal to make anatomical gift — Effect of refusal

(a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; (2) the individual’s will, whether or not […]

§ 20-17-1208. Preclusive effect of anatomical gift, amendment, or revocation

(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the […]

§ 20-17-1209. Who may make anatomical gift of decedent’s body or part

(a) Subject to subsections (b) and (c) and unless barred by § 20-17-1207 or § 20-17-1208, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: […]

§ 20-17-1210. Manner of making, amending, or revoking anatomical gift of decedent’s body or part

(a) A person authorized to make an anatomical gift under § 20-17-1209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. […]

§ 20-17-1211. Persons that may receive anatomical gift — Purpose of anatomical gift

(a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) subject to subsection (b), an individual designated by the person making the anatomical gift if […]

§ 20-17-1212. Search and notification

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer […]

§ 20-17-1213. Delivery of document of gift not required — Right to examine

(a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift […]

§ 20-17-1214. Rights and duties of procurement organization and others

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Office of Driver Services and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made […]

§ 20-17-1215. Coordination of procurement and use

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

§ 20-17-1216. Sale or purchase of parts prohibited

(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty […]

§ 20-17-1217. Other prohibited acts

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding […]

§ 20-17-1218. Immunity

(a) A person that acts in accordance with this subchapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donor’s estate […]

§ 20-17-1219. Law governing validity — Choice of law as to execution of document of gift — Presumption of validity

(a) A document of gift is valid if executed in accordance with: (1) this subchapter; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at […]

§ 20-17-1221. Effect of anatomical gift on advance healthcare directive

(a) In this section: (1) “Advance healthcare directive” means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor’s direction concerning a healthcare decision for the prospective donor. (2) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support […]