Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1679 3
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By: Representative M. Brown 5
By: Senator Irvin 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE REVISED ARKANSAS ANATOMICAL GIFT 9
ACT; TO ALLOW CERTAIN CLASSES OF PERSONS TO REVOKE OR 10
AMEND AN ANATOMICAL GIFT UPON THE DEATH OF THE DONOR; 11
TO REQUIRE CERTAIN REPORTING OF PROCUREMENT 12
ORGANIZATIONS; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO AMEND THE REVISED ARKANSAS ANATOMICAL 17
GIFT ACT; TO ALLOW CERTAIN CLASSES OF 18
PERSONS TO REVOKE OR AMEND AN ANATOMICAL 19
GIFT UPON THE DEATH OF THE DONOR; AND TO 20
REQUIRE CERTAIN REPORTING OF PROCUREMENT 21
ORGANIZATIONS. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 20-17-1205, concerning the manner of making 26
an anatomical gift before the donor's death, is amended to add an additional 27
subsection to read as follows: 28
(e) An anatomical gift made under this section without a clear 29
indication to the contrary shall constitute a gift for the purpose of 30
transplantation only. 31
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SECTION 2. Arkansas Code § 20 -17-1206, concerning amending or revoking 33
an anatomical gift before the donor's death, is amended to add additional 34
subsections to read as follows: 35
(f) Subject to § 20 -17-1208, in the event a donor is incapacitated, a 36 HB1679
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donor’s prior anatomical gift may be modified, amended, or revoked by: 1
(1) An agent of the donor who could have made an anatomical gift 2
under § 20-17-1204 immediately before the donor's incapacitation; 3
(2) The spouse of the donor; 4
(3) Adult children of the donor; 5
(4) A parent of the donor; 6
(5) An adult sibling of the donor; 7
(6) An adult grandchild of the donor; 8
(7) A grandparent of the donor; 9
(8) An adult who exhibited special care and concern for the 10
donor; 11
(9) A person who is acting as the guardian of the person of the 12
donor before the time of incapacitation; and 13
(10) Any other person having the authority to dispose of the 14
donor's body. 15
(g)(1) If there is more than one (1) member of a class listed in 16
subdivisions (f)(1), (3), (4), (5), (6), (7), or (9) of this section who is 17
entitled to make an anatomical gift, an anatomical gift may be made or 18
revoked, in whole or in part, by a member of the class unless that member or 19
a person to which the gift may pass under § 20 -17-1211 knows of an objection 20
by another member of the class. 21
(2) If an objection is known, the gift may be made, or a 22
previous gift revoked, only by a majority of the members of the class who are 23
reasonably available. 24
(h) A person shall not modify, amend, or revoke an anatomical gift if, 25
at the time of the donor's incapacitation, a person in a prior class under 26
subsection (f) of this section is reasonably available to modify, amend, or 27
revoke or to object to the modification, amendment, or revocation of an 28
anatomical gift. 29
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SECTION 3. Arkansas Code § 20 -17-1209 is amended to read as follows: 31
20-17-1209. Who may make anatomical gift of decedent's body or part. 32
(a) Subject to subsections (b) and (c) of this section and unless 33
barred by § 20-17-1207 or § 20-17-1208, an anatomical gift of a decedent's 34
body or part for purpose of transplantation, therapy, research, or education 35
may be made, or a previous anatomical gift revoked, in whole or in part, by 36 HB1679
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any member of the following classes of persons who is reasonably available, 1
in the order of priority listed: 2
(1) an agent of the decedent at the time of death who could have 3
made an anatomical gift under § 20 -17-1204(2) immediately before the 4
decedent's death; 5
(2) the spouse of the decedent; 6
(3) adult children of the decedent; 7
(4) parents of the decedent; 8
(5) adult siblings of the decedent; 9
(6) adult grandchildren of the decedent; 10
(7) grandparents of the decedent; 11
(8) an adult who exhibited special care and concern for the 12
decedent; 13
(9) the persons who were acting as the guardians of the person 14
of the decedent at the time of death; and 15
(10) any other person having the authority to dispose of the 16
decedent's body. 17
(b) If there is more than one member of a class listed in subsection 18
subdivisions (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an 19
anatomical gift, an anatomical gift may be made or revoked, in whole or in 20
part, by a member of the class unless that member or a person to which the 21
gift may pass under § 20 -17-1211 knows of an objection by another member of 22
the class. If an objection is known, the gift may be made or a previous gift 23
revoked only by a majority of the members of the class who are reasonably 24
available. 25
(c) A person may not make or revoke an anatomical gift if, at the time 26
of the decedent's death, a person in a prior class under subsection (a) is 27
reasonably available to make or revoke or to object to the making or revoking 28
of an anatomical gift. 29
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SECTION 8. Arkansas Code Title 20, Chapter 17, Subchapter 12, is 31
amended to add an additional section to read as follows: 32
20-17-1228. Reporting of procurement organization. 33
(a)(1) Beginning January 1, 2026, a procurement organization that 34
procures or harvests organs or tissues within this state shall report to: 35
(A) The House Committee on Public Health, Welfare, and 36 HB1679
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Labor; and 1
(B) The Senate Committee on Public Health, Welfare, and 2
Labor. 3
(2) The report described in subdivision (a)(1) of this section 4
shall contain: 5
(A)(i) The number and types of organs and tissues 6
harvested by the procurement agency within this state during the reporting 7
period. 8
(ii) The procurement organization shall break down 9
the number and types of organs and tissues reported under subdivision 10
(a)(2)(A)(i) of this section by the number and types of organs and tissues 11
which were used for: 12
(a) Transplantation; 13
(b) Research; 14
(c) Education; and 15
(d) Any other purpose; 16
(B) The success rate, if known, of transplantations using 17
organs or tissues harvested or procured by the procurement organization; 18
(C) The names of each organization to whom organs or 19
tissues were furnished by the procurement organization, together with the 20
number and types of organs or tissues furnished to such organization; 21
(D)(i) The total moneys paid to the procurement 22
organization in connection with all organs or tissues harvested or procured 23
by the procurement organization during the reporting period. 24
(ii) The procurement organization shall break down 25
the moneys paid to the procurement organization reported under subdivision 26
(a)(2)(D)(i) of this section by the category of moneys earned from organs or 27
tissues harvested or procured for: 28
(a) Transplantation; 29
(b) Research; 30
(c) Education; and 31
(d) Any other purpose; and 32
(E) Any other information requested by the House Committee 33
on Public Health, Welfare, and Labor and the Senate Committee on Public 34
Health, Welfare, and Labor. 35
(b) The report under this section shall be made at least twice a year 36 HB1679
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and shall cover the immediately preceding six -month period. 1
(c) The report under this section shall be presented by an executive 2
of the procurement organization who shall be available to answer questions of 3
the House Committee on Public Health, Welfare, and Labor and the Senate 4
Committee on Public Health, Welfare, and Labor. 5
(d) A procurement organization that fails to timely report pursuant to 6
this section shall have its charter revoked by the Secretary of State and 7
shall be barred from engaging in organ procurement within this state. 8
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