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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Donation Pursuant to the Arkansas Revised...
