Donation Pursuant to the Arkansas Revised Uniform Anatomical Gift Act
ARKANSAS LAW SUMMARIES
STATUTORY REFERENCEr>
ALL REFERENCES ARE TO THE ARKANSAS CODE
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.
20-17-602: Making, amending, revoking, and refusing to make anatomical
gifts by individual
(a) An individual who is at least eighteen (18) years of age
may:
(i) Make an anatomical gift for any
of the purposes stated in § 20-17-606(a);
(ii) Limit an anatomical gift to
one or more of those purposes; or
(iii) Refuse to make an anatomical
gift.
(b) An anatomical gift may be made only by a document of gift
signed by the donor. If the donor cannot sign, the document of gift must
be signed by another individual and by two (2) witnesses, all of whom have
signed at the direction and in the presence of the donor and of each other,
and state that it has been so signed.
(c) If a document of gift is attached to or imprinted on a
donor's motor vehicle operator's or chauffeur's license, the document of
gift must comply with subsection (b) of this section. Revocation, suspension,
expiration, or cancellation of the license does not invalidate the anatomical
gift.
(d) A document of gift may designate a particular physician
or surgeon to carry out the appropriate procedures. In the absence of a
designation or if the designee is not available, the donee or other person
authorized to accept the anatomical gift may employ or authorize any physician,
surgeon, technician, or enucleator to carry out the appropriate procedures.
(e) An anatomical gift by will takes effect upon death of
the testator, whether or not the will is probated. If, after death, the
will is declared invalid for testamentary purposes, the validity of the
anatomical gift is unaffected.
(f) A donor may amend or revoke an anatomical gift, not made
by will, only by:
(1) A signed statement;
(2) An oral statement made in the presence of
two (2) individuals;
(3) Any form of communication during a
terminal illness or injury addressed to a physician or surgeon; or
(4) The delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.
(g) The donor of an anatomical gift made by will may amend
or revoke the gift in the manner provided for amendment or revocation of
wills, or as provided in subsection (f) of this section.
(h) An anatomical gift that is not revoked by the donor before
death is irrevocable and does not require the consent or concurrence of
any person after the donor's death. However, if a person listed in §
20-17-603(a) knows of a contrary indication by the donor that the gift
be revoked and makes such indication known to a representative of the organ
procurement agency created, organized, and existing under the laws of the
State of Arkansas, then the gift will only be effective upon the consent
of a person listed in § 20-17-603(a).
(i) An individual may refuse to make
an anatomical gift of the individual's body or part by:
(i) Writing signed in the same manner
as a document of gift;
(ii) A statement attached to or imprinted
on a donor's motor vehicle operator's or chauffeur's license; or
(iii) Any other writing used to identify
the individual as refusing to make an anatomical gift. During a terminal
illness or injury, the refusal may be an oral statement or other form of
communication.
(j) In the absence of contrary indications by the donor, an
anatomical gift of a part is neither a refusal to give other parts nor
a limitation on an anatomical gift under § 20-17-603 or on a removal
or release of other parts under § 20-17-604.
(k) In the absence of contrary indications by the donor, a
revocation or amendment of an anatomical gift is not a refusal to make
another anatomical gift. If the donor intends a revocation to be a refusal
to make an anatomical gift, the donor shall make the refusal pursuant to
subsection (i) of this section.
(l) The Office of Driver Services of the Department of Finance
and Administration shall provide on the reverse side of each operator's
or chauffeur's license issued a statement whereby the owner of the license
may certify his willingness to make an anatomical gift under this subchapter.
(m) A document of gift may, but is not required to be. See
Form.
20-17-607: Delivery of document of gift
(a) Delivery of a document of gift during the donor's lifetime
is not required for the validity of an anatomical gift.
(b) If an anatomical gift is made to a designated donee, the
document of gift, or a copy, may be delivered to the donee to expedite
the appropriate procedures after death. The document of gift, or a copy,
may be deposited in any hospital, procurement organization, or registry
office that accepts it for safekeeping or for facilitation of procedures
after death. On request of an interested person, upon or after the
donor's death, the person in possession shall allow the interested person
to examine or copy the document of gift.
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