Arkansas 2025 Regular Session

Arkansas House Bill HB1679 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 861 of the Regular Session
3		-	JMB312 04-09-2025 14:53:08 JMB312
4		-
5		-	State of Arkansas As Engrossed: H3/19/25 S4/8/25 S4/9/25 1
	2	+	JMB312 03/04/2025 3:14:54 PM JMB312
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1679 3
8	6		4
9		-	By: Representatives M. Brown, Gazaway, Achor, Beaty Jr., Bentley, A. Brown, C. Cooper, Duffield, 5
10		-	Eubanks, Furman, Gramlich, Hawk, Long, Magie, McCollum, S. Meeks, Milligan, J. Moore, Painter, 6
11		-	Pilkington, Rose, Schulz, Steimel, Underwood, Walker 7
12		-	By: Senator Irvin 8
	7	+	By: Representative M. Brown 5
	8	+	By: Senator Irvin 6
	9	+	7
	10	+	For An Act To Be Entitled 8
	11	+	AN ACT TO AMEND THE REVISED ARKANSAS ANATOMICAL GIFT 9
	12	+	ACT; TO ALLOW CERTAIN CLASSES OF PERSONS TO REVOKE OR 10
	13	+	AMEND AN ANATOMICAL GIFT UPON THE DEATH OF THE DONOR; 11
	14	+	TO REQUIRE CERTAIN REPORTING OF PROCUREMENT 12
	15	+	ORGANIZATIONS; AND FOR OTHER PURPOSES. 13
	16	+	14
	17	+	15
	18	+	Subtitle 16
	19	+	TO AMEND THE REVISED ARKANSAS ANATOMICAL 17
	20	+	GIFT ACT; TO ALLOW CERTAIN CLASSES OF 18
	21	+	PERSONS TO REVOKE OR AMEND AN ANATOMICAL 19
	22	+	GIFT UPON THE DEATH OF THE DONOR; AND TO 20
	23	+	REQUIRE CERTAIN REPORTING OF PROCUREMENT 21
	24	+	ORGANIZATIONS. 22
	25	+	23
	26	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
	27	+	25
	28	+	SECTION 1. Arkansas Code § 20-17-1205, concerning the manner of making 26
	29	+	an anatomical gift before the donor's death, is amended to add an additional 27
	30	+	subsection to read as follows: 28
	31	+	(e) An anatomical gift made under this section without a clear 29
	32	+	indication to the contrary shall constitute a gift for the purpose of 30
	33	+	transplantation only. 31
	34	+	32
	35	+	SECTION 2. Arkansas Code § 20 -17-1206, concerning amending or revoking 33
	36	+	an anatomical gift before the donor's death, is amended to add additional 34
	37	+	subsections to read as follows: 35
	38	+	(f) Subject to § 20 -17-1208, in the event a donor is incapacitated, a 36 HB1679
	39	+
	40	+	2 03/04/2025 3:14:54 PM JMB312
	41	+	donor’s prior anatomical gift may be modified, amended, or revoked by: 1
	42	+	(1) An agent of the donor who could have made an anatomical gift 2
	43	+	under § 20-17-1204 immediately before the donor's incapacitation; 3
	44	+	(2) The spouse of the donor; 4
	45	+	(3) Adult children of the donor; 5
	46	+	(4) A parent of the donor; 6
	47	+	(5) An adult sibling of the donor; 7
	48	+	(6) An adult grandchild of the donor; 8
	49	+	(7) A grandparent of the donor; 9
	50	+	(8) An adult who exhibited special care and concern for the 10
	51	+	donor; 11
	52	+	(9) A person who is acting as the guardian of the person of the 12
	53	+	donor before the time of incapacitation; and 13
	54	+	(10) Any other person having the authority to dispose of the 14
	55	+	donor's body. 15
	56	+	(g)(1) If there is more than one (1) member of a class listed in 16
	57	+	subdivisions (f)(1), (3), (4), (5), (6), (7), or (9) of this section who is 17
	58	+	entitled to make an anatomical gift, an anatomical gift may be made or 18
	59	+	revoked, in whole or in part, by a member of the class unless that member or 19
	60	+	a person to which the gift may pass under § 20 -17-1211 knows of an objection 20
	61	+	by another member of the class. 21
	62	+	(2) If an objection is known, the gift may be made, or a 22
	63	+	previous gift revoked, only by a majority of the members of the class who are 23
	64	+	reasonably available. 24
	65	+	(h) A person shall not modify, amend, or revoke an anatomical gift if, 25
	66	+	at the time of the donor's incapacitation, a person in a prior class under 26
	67	+	subsection (f) of this section is reasonably available to modify, amend, or 27
	68	+	revoke or to object to the modification, amendment, or revocation of an 28
	69	+	anatomical gift. 29
	70	+	30
	71	+	SECTION 3. Arkansas Code § 20 -17-1209 is amended to read as follows: 31
	72	+	20-17-1209. Who may make anatomical gift of decedent's body or part. 32
	73	+	(a) Subject to subsections (b) and (c) of this section and unless 33
	74	+	barred by § 20-17-1207 or § 20-17-1208, an anatomical gift of a decedent's 34
	75	+	body or part for purpose of transplantation, therapy, research, or education 35
	76	+	may be made, or a previous anatomical gift revoked, in whole or in part, by 36 HB1679
	77	+
	78	+	3 03/04/2025 3:14:54 PM JMB312
	79	+	any member of the following classes of persons who is reasonably available, 1
	80	+	in the order of priority listed: 2
	81	+	(1) an agent of the decedent at the time of death who could have 3
	82	+	made an anatomical gift under § 20 -17-1204(2) immediately before the 4
	83	+	decedent's death; 5
	84	+	(2) the spouse of the decedent; 6
	85	+	(3) adult children of the decedent; 7
	86	+	(4) parents of the decedent; 8
	87	+	(5) adult siblings of the decedent; 9
	88	+	(6) adult grandchildren of the decedent; 10
	89	+	(7) grandparents of the decedent; 11
	90	+	(8) an adult who exhibited special care and concern for the 12
	91	+	decedent; 13
	92	+	(9) the persons who were acting as the guardians of the person 14
	93	+	of the decedent at the time of death; and 15
	94	+	(10) any other person having the authority to dispose of the 16
	95	+	decedent's body. 17
	96	+	(b) If there is more than one member of a class listed in subsection 18
	97	+	subdivisions (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an 19
	98	+	anatomical gift, an anatomical gift may be made or revoked, in whole or in 20
	99	+	part, by a member of the class unless that member or a person to which the 21
	100	+	gift may pass under § 20 -17-1211 knows of an objection by another member of 22
	101	+	the class. If an objection is known, the gift may be made or a previous gift 23
	102	+	revoked only by a majority of the members of the class who are reasonably 24
	103	+	available. 25
	104	+	(c) A person may not make or revoke an anatomical gift if, at the time 26
	105	+	of the decedent's death, a person in a prior class under subsection (a) is 27
	106	+	reasonably available to make or revoke or to object to the making or revoking 28
	107	+	of an anatomical gift. 29
	108	+	30
	109	+	SECTION 8. Arkansas Code Title 20, Chapter 17, Subchapter 12, is 31
	110	+	amended to add an additional section to read as follows: 32
	111	+	20-17-1228. Reporting of procurement organization. 33
	112	+	(a)(1) Beginning January 1, 2026, a procurement organization that 34
	113	+	procures or harvests organs or tissues within this state shall report to: 35
	114	+	(A) The House Committee on Public Health, Welfare, and 36 HB1679
	115	+
	116	+	4 03/04/2025 3:14:54 PM JMB312
	117	+	Labor; and 1
	118	+	(B) The Senate Committee on Public Health, Welfare, and 2
	119	+	Labor. 3
	120	+	(2) The report described in subdivision (a)(1) of this section 4
	121	+	shall contain: 5
	122	+	(A)(i) The number and types of organs and tissues 6
	123	+	harvested by the procurement agency within this state during the reporting 7
	124	+	period. 8
	125	+	(ii) The procurement organization shall break down 9
	126	+	the number and types of organs and tissues reported under subdivision 10
	127	+	(a)(2)(A)(i) of this section by the number and types of organs and tissues 11
	128	+	which were used for: 12
	129	+	(a) Transplantation; 13
	130	+	(b) Research; 14
	131	+	(c) Education; and 15
	132	+	(d) Any other purpose; 16
	133	+	(B) The success rate, if known, of transplantations using 17
	134	+	organs or tissues harvested or procured by the procurement organization; 18
	135	+	(C) The names of each organization to whom organs or 19
	136	+	tissues were furnished by the procurement organization, together with the 20
	137	+	number and types of organs or tissues furnished to such organization; 21
	138	+	(D)(i) The total moneys paid to the procurement 22
	139	+	organization in connection with all organs or tissues harvested or procured 23
	140	+	by the procurement organization during the reporting period. 24
	141	+	(ii) The procurement organization shall break down 25
	142	+	the moneys paid to the procurement organization reported under subdivision 26
	143	+	(a)(2)(D)(i) of this section by the category of moneys earned from organs or 27
	144	+	tissues harvested or procured for: 28
	145	+	(a) Transplantation; 29
	146	+	(b) Research; 30
	147	+	(c) Education; and 31
	148	+	(d) Any other purpose; and 32
	149	+	(E) Any other information requested by the House Committee 33
	150	+	on Public Health, Welfare, and Labor and the Senate Committee on Public 34
	151	+	Health, Welfare, and Labor. 35
	152	+	(b) The report under this section shall be made at least twice a year 36 HB1679
	153	+
	154	+	5 03/04/2025 3:14:54 PM JMB312
	155	+	and shall cover the immediately preceding six -month period. 1
	156	+	(c) The report under this section shall be presented by an executive 2
	157	+	of the procurement organization who shall be available to answer questions of 3
	158	+	the House Committee on Public Health, Welfare, and Labor and the Senate 4
	159	+	Committee on Public Health, Welfare, and Labor. 5
	160	+	(d) A procurement organization that fails to timely report pursuant to 6
	161	+	this section shall have its charter revoked by the Secretary of State and 7
	162	+	shall be barred from engaging in organ procurement within this state. 8
13	163		9
14		-	For An Act To Be Entitled 10
15		-	AN ACT TO AMEND THE REVISED ARKANSAS ANATOMICAL GIFT 11
16		-	ACT; TO ALLOW CERTAIN CLASSES OF PERSONS TO REVOKE OR 12
17		-	AMEND AN ANATOMICAL GIFT UPON THE DEATH OF THE DONOR; 13
18		-	TO REQUIRE CERTAIN REPORTING OF PROCUREMENT 14
19		-	ORGANIZATIONS; AND FOR OTHER PURPOSES. 15
20		-	16
21		-	17
22		-	Subtitle 18
23		-	TO AMEND THE REVISED ARKANSAS ANATOMICAL 19
24		-	GIFT ACT; TO ALLOW CERTAIN CLASSES OF 20
25		-	PERSONS TO REVOKE OR AMEND AN ANATOMICAL 21
26		-	GIFT UPON THE DEATH OF THE DONOR; AND TO 22
27		-	REQUIRE CERTAIN REPORTING OF PROCUREMENT 23
28		-	ORGANIZATIONS. 24
29		-	25
30		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
31		-	27
32		-	SECTION 1. Arkansas Code Title 20, Chapter 17, Subchapter 12, is 28
33		-	amended to add additional sections to read as follows: 29
34		-	20-17-1228. Rights of next of kin to modify, amend, or revoke 30
35		-	anatomical gift. 31
36		-	(a) Notwithstanding any other provision of this subchapter to the 32
37		-	contrary, a donor’s prior anatomical gift may be modified, amended, or 33
38		-	revoked before the donor’s death by an agent acting pursuant to the donor’s 34
39		-	durable power of attorney for health care, unless the power of attorney for 35
40		-	health care or other record prohibits the agent from modifying, amending, or 36 As Engrossed: H3/19/25 S4/8/25 S4/9/25 HB1679
41		-
42		-	2 04-09-2025 14:53:08 JMB312
43		-
44		-
45		-	revoking an anatomical gift. 1
46		-	(b) Notwithstanding any other provision of this subchapter to the 2
47		-	contrary, following the irreversible cessation of circulatory and respiratory 3
48		-	functions of a donor, if the death is pronounced in a place other than a 4
49		-	medical facility, or two (2) hours after the pronouncement of cardiac or 5
50		-	asystolic death within a medical facility, a donor’s prior anatomical gift 6
51		-	may be modified, amended, or revoked by the following: 7
52		-	(1) First, the spouse of the donor; 8
53		-	(2) Second, the sole child of the donor or, if there is more 9
54		-	than one (1) child of the donor, the majority of the surviving children; 10
55		-	(3)(A) Third, the surviving parent or parents of the donor. 11
56		-	(B) If one (1) of the parents of the donor is absent, the 12
57		-	remaining parent shall be vested with the rights and duties of this section 13
58		-	after reasonable efforts have been unsuccessful in locating the absent 14
59		-	parent; 15
60		-	(4) Fourth, the surviving brother or sister of the donor or, if 16
61		-	there is more than one (1) sibling of the donor, the majority of the 17
62		-	surviving siblings; 18
63		-	(5) Fifth, the surviving grandparent of the donor or, if there 19
64		-	is more than one (1) surviving grandparent, the majority of the grandparents; 20
65		-	(6) Sixth, the surviving grandchild of the donor or, if there is 21
66		-	more than one (1) surviving grandchild, the majority of the grandchildren; 22
67		-	(7) Seventh, the guardian of the donor at the time of the 23
68		-	donor's death, if one had been appointed; or 24
69		-	(8) Eighth, the person in the classes of the next degree of 25
70		-	kinship, in descending order, under the laws of descent and distribution to 26
71		-	inherit the estate of the donor. 27
72		-	(c)(1) Within each class, less than the majority of the class shall be 28
73		-	vested with the rights of this section if they have used reasonable efforts 29
74		-	to notify all other members of the class of their instructions and are not 30
75		-	aware of any opposition to those instructions on the part of more than one -31
76		-	half (½) of all surviving children. 32
77		-	(2) As used in this section, “class” means surviving children, 33
78		-	siblings, grandparents, or grandchildren, where applicable. 34
79		-	(d)(1) A person entitled under this section to modify, amend, or 35
80		-	revoke a donor’s anatomical gift shall forfeit that right, with the right 36 As Engrossed: H3/19/25 S4/8/25 S4/9/25 HB1679
81		-
82		-	3 04-09-2025 14:53:08 JMB312
83		-
84		-
85		-	passing to the next qualifying person as listed in this section, in the 1
86		-	following circumstances: 2
87		-	(A)(i) Any person charged with capital murder, § 5 -10-101, 3
88		-	murder in the first degree, § 5 -10-102, murder in the second degree, § 5 -10-4
89		-	103, or manslaughter, § 5 -10-104, in connection with the donor’s death. 5
90		-	(ii) If the charges against such person are 6
91		-	terminated by an acquittal, dismissal, or nolle prosequi, the right to 7
92		-	modify, amend, or revoke a donor’s anatomical gift is returned to the person; 8
93		-	(B)(i) When the person entitled to modify, amend, or 9
94		-	revoke a donor’s anatomical gift under this section and the donor were 10
95		-	estranged at the time of the donor’s incapacity or death. 11
96		-	(ii) As used in this section, “estranged” means a 12
97		-	physical and emotional separation from the donor at the time of incapacity or 13
98		-	death that has existed for a period of time that clearly demonstrates an 14
99		-	absence of due affection, trust, and regard for the donor, including the 15
100		-	filing of a complaint for divorce by either party that remains pending at the 16
101		-	time of the donor's incapacity or death or the separation by living apart of 17
102		-	the donor and spouse for a period of more than ninety (90) days preceding the 18
103		-	donor's incapacity or death. 19
104		-	(2) If there is a dispute between those sharing the right to 20
105		-	modify, amend, or revoke an incapacitated donor’s anatomical gift, the 21
106		-	donor’s anatomical gift may not be modified, revoked, or amended. 22
107		-	(e) The decision to modify, amend, or revoke a donor’s anatomical gift 23
108		-	under this section may be made orally or in a written record. 24
109		-	(f) A hospital, clinic, physician, healthcare provider, funeral 25
110		-	director, or funeral home acting in accordance with this section, or 26
111		-	attempting in good faith to do so, is not liable for the act in a civil 27
112		-	action, criminal prosecution, or administrative proceeding. 28
113		-	(g) If anything in this section conflicts with federal law or 29
114		-	regulation, the federal law or regulation shall prevail. 30
115		-	31
116		-	20-17-1229. Reporting of organ procurement organization. 32
117		-	(a)(1) On or before January 31 of every year, an organ procurement 33
118		-	organization that procures or recovers organs or tissues in this state shall 34
119		-	submit a written report to the Legislative Council for the organ procurement 35
120		-	organization's most recent fiscal year. 36 As Engrossed: H3/19/25 S4/8/25 S4/9/25 HB1679
121		-
122		-	4 04-09-2025 14:53:08 JMB312
123		-
124		-
125		-	(2) The report described in subdivision (a)(1) of this section shall 1
126		-	contain: 2
127		-	(A)(i) The number and types of organs and tissues 3
128		-	recovered by the organ procurement organization within this state during the 4
129		-	reporting period, together with a breakdown of the number of organs that were 5
130		-	donated by persons who had consented to donation prior to death and the 6
131		-	number of organs that were donated under § 20 -17-1209. 7
132		-	(ii) The organ procurement organization shall break down the number 8
133		-	and types of organs and tissues reported under subdivision (a)(2)(A)(i) of 9
134		-	this section by the number and types of organs and tissues which were used 10
135		-	for: 11
136		-	(a) Transplantation; 12
137		-	(b) Research; 13
138		-	(c) Education; and 14
139		-	(d) Any other purpose; 15
140		-	(B) The names of each organization to whom organs or 16
141		-	tissues were furnished by the organ procurement organization; 17
142		-	(C)(i) The total moneys paid to the organ procurement 18
143		-	organization in connection with all organs or tissues recovered or procured 19
144		-	by the organ procurement organization during the reporting period. 20
145		-	(ii) The organ procurement organization shall break 21
146		-	down the moneys paid to the organ procurement organization reported under 22
147		-	subdivision (a)(2)(C)(i) of this section by the category of moneys earned 23
148		-	from organs or tissues recovered or procured for: 24
149		-	(a) Transplantation; 25
150		-	(b) Research; 26
151		-	(c) Education; and 27
152		-	(d) Any other purpose; 28
153		-	(E) The number of instances in which the revocation of any 29
154		-	anatomical gift under § 20 -17-1228(a) was communicated to the organ 30
155		-	procurement organization; and 31
156		-	(F) The number of instances in which the revocation of any 32
157		-	anatomical gift under § 20 -17-1228(b) was communicated to the organ 33
158		-	procurement organization. 34
159		-	(b) The report under this section shall be presented by an executive 35
160		-	of the private procurement organization who shall be available to answer 36 As Engrossed: H3/19/25 S4/8/25 S4/9/25 HB1679
161		-
162		-	5 04-09-2025 14:53:08 JMB312
163		-
164		-
165		-	questions of the Legislative Council unless excused or waived by the 1
166		-	Legislative Council. 2
167		-	(c) A private procurement organization that fails to timely report 3
168		-	pursuant to this section shall have its charter revoked by the Secretary of 4
169		-	State and shall be barred from engaging in organ procurement within this 5
170		-	state. 6
171		-	(d) The Secretary of State shall revoke the charter of an organ 7
172		-	procurement organization that fails to timely report under this section. 8
173		-	9
174		-	/s/M. Brown 10
	164	+	10
175	165		11
176	166		12
177		-	~~APPROVED: 4/17/25~~ 13
	167	+	13
178	168		14
179	169		15
180	170		16
181	171		17
182	172		18
183	173		19
184	174		20
185	175		21
186	176		22
187	177		23
188	178		24
189	179		25
190	180		26
191	181		27
192	182		28
193	183		29
194	184		30
195	185		31
196	186		32
197	187		33
198	188		34
199	189		35
200	190		36