Uniform Anatomical Gift – General – Arkansas

DONATION PURSUANT TO THE ARKANSAS UNIFORM ANATOMICAL GIFT ACT
(§§ 20-17-601 through 20-17-607)

20-17-601: Definitions

As used in this subchapter:

(1)  “Anatomical gift” means a donation of all or part of a human body to take effect upon or after death;

(2)  “Decedent” means a deceased individual and includes a stillborn infant or fetus;

(3)  “Document of gift” means a card, a statement attached to or imprinted on a motor vehicle operator’s or chauffeur’s license, a will, or other writing used to make an anatomical gift;

(4)  “Donor” means an individual who makes an anatomical gift of all or  part of the individual’s body;

(5)  “Enucleator” means an individual who is certified by the Department of Ophthalmology of the University of Arkansas College of Medicine to remove or process eyes or parts of eyes;

(6)  “Hospital” means a facility licensed, accredited, or approved as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state;

(7)  “Part” means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body;

(8)  “Person” means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity;

(9)  “Physician” or “surgeon” means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state;

(10)  “Procurement organization” means a person licensed, accredited, or approved under the laws of any state for procurement, distribution, or storage of human bodies or parts;

(11)  “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;

(12)  “Technician” means any person, who is not a physician or surgeon, who is acting under the direction or supervision of a physician, surgeon, or hospital to remove or process a part.

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 to at least two adults, at least one of whom is a disinterested witness; or

(4) as provided in subsection (b).

(b) A donor or other person authorized to make an anatomical gift under § 20-17-1204 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in paragraph (1).

(c) Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

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 the other person if the donor or other person is physically unable to sign; or

(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(b) A record signed pursuant to subsection (a)(1)(C) must:

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in paragraph (1).

(c) Subject to § 20-17-1208, a donor or other person authorized to make an anatomical gift under § 20-17-1204 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).

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 or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under § 20-17-1211.
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