Stricken language would be deleted from and underlined language would be added to present law.
Act 861 of the Regular Session
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State of Arkansas As Engrossed: H3/19/25 S4/8/25 S4/9/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1679 3
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By: Representatives M. Brown, Gazaway, Achor, Beaty Jr., Bentley, A. Brown, C. Cooper, Duffield, 5
Eubanks, Furman, Gramlich, Hawk, Long, Magie, McCollum, S. Meeks, Milligan, J. Moore, Painter, 6
Pilkington, Rose, Schulz, Steimel, Underwood, Walker 7
By: Senator Irvin 8
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For An Act To Be Entitled 10
AN ACT TO AMEND THE REVISED ARKANSAS ANATOMICAL GIFT 11
ACT; TO ALLOW CERTAIN CLASSES OF PERSONS TO REVOKE OR 12
AMEND AN ANATOMICAL GIFT UPON THE DEATH OF THE DONOR; 13
TO REQUIRE CERTAIN REPORTING OF PROCUREMENT 14
ORGANIZATIONS; AND FOR OTHER PURPOSES. 15
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Subtitle 18
TO AMEND THE REVISED ARKANSAS ANATOMICAL 19
GIFT ACT; TO ALLOW CERTAIN CLASSES OF 20
PERSONS TO REVOKE OR AMEND AN ANATOMICAL 21
GIFT UPON THE DEATH OF THE DONOR; AND TO 22
REQUIRE CERTAIN REPORTING OF PROCUREMENT 23
ORGANIZATIONS. 24
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
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SECTION 1. Arkansas Code Title 20, Chapter 17, Subchapter 12, is 28
amended to add additional sections to read as follows: 29
20-17-1228. Rights of next of kin to modify, amend, or revoke 30
anatomical gift. 31
(a) Notwithstanding any other provision of this subchapter to the 32
contrary, a donor’s prior anatomical gift may be modified, amended, or 33
revoked before the donor’s death by an agent acting pursuant to the donor’s 34
durable power of attorney for health care, unless the power of attorney for 35
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
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revoking an anatomical gift. 1
(b) Notwithstanding any other provision of this subchapter to the 2
contrary, following the irreversible cessation of circulatory and respiratory 3
functions of a donor, if the death is pronounced in a place other than a 4
medical facility, or two (2) hours after the pronouncement of cardiac or 5
asystolic death within a medical facility, a donor’s prior anatomical gift 6
may be modified, amended, or revoked by the following: 7
(1) First, the spouse of the donor; 8
(2) Second, the sole child of the donor or, if there is more 9
than one (1) child of the donor, the majority of the surviving children; 10
(3)(A) Third, the surviving parent or parents of the donor. 11
(B) If one (1) of the parents of the donor is absent, the 12
remaining parent shall be vested with the rights and duties of this section 13
after reasonable efforts have been unsuccessful in locating the absent 14
parent; 15
(4) Fourth, the surviving brother or sister of the donor or, if 16
there is more than one (1) sibling of the donor, the majority of the 17
surviving siblings; 18
(5) Fifth, the surviving grandparent of the donor or, if there 19
is more than one (1) surviving grandparent, the majority of the grandparents; 20
(6) Sixth, the surviving grandchild of the donor or, if there is 21
more than one (1) surviving grandchild, the majority of the grandchildren; 22
(7) Seventh, the guardian of the donor at the time of the 23
donor's death, if one had been appointed; or 24
(8) Eighth, the person in the classes of the next degree of 25
kinship, in descending order, under the laws of descent and distribution to 26
inherit the estate of the donor. 27
(c)(1) Within each class, less than the majority of the class shall be 28
vested with the rights of this section if they have used reasonable efforts 29
to notify all other members of the class of their instructions and are not 30
aware of any opposition to those instructions on the part of more than one -31
half (½) of all surviving children. 32
(2) As used in this section, “class” means surviving children, 33
siblings, grandparents, or grandchildren, where applicable. 34
(d)(1) A person entitled under this section to modify, amend, or 35
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
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passing to the next qualifying person as listed in this section, in the 1
following circumstances: 2
(A)(i) Any person charged with capital murder, § 5 -10-101, 3
murder in the first degree, § 5 -10-102, murder in the second degree, § 5 -10-4
103, or manslaughter, § 5 -10-104, in connection with the donor’s death. 5
(ii) If the charges against such person are 6
terminated by an acquittal, dismissal, or nolle prosequi, the right to 7
modify, amend, or revoke a donor’s anatomical gift is returned to the person; 8
(B)(i) When the person entitled to modify, amend, or 9
revoke a donor’s anatomical gift under this section and the donor were 10
estranged at the time of the donor’s incapacity or death. 11
(ii) As used in this section, “estranged” means a 12
physical and emotional separation from the donor at the time of incapacity or 13
death that has existed for a period of time that clearly demonstrates an 14
absence of due affection, trust, and regard for the donor, including the 15
filing of a complaint for divorce by either party that remains pending at the 16
time of the donor's incapacity or death or the separation by living apart of 17
the donor and spouse for a period of more than ninety (90) days preceding the 18
donor's incapacity or death. 19
(2) If there is a dispute between those sharing the right to 20
modify, amend, or revoke an incapacitated donor’s anatomical gift, the 21
donor’s anatomical gift may not be modified, revoked, or amended. 22
(e) The decision to modify, amend, or revoke a donor’s anatomical gift 23
under this section may be made orally or in a written record. 24
(f) A hospital, clinic, physician, healthcare provider, funeral 25
director, or funeral home acting in accordance with this section, or 26
attempting in good faith to do so, is not liable for the act in a civil 27
action, criminal prosecution, or administrative proceeding. 28
(g) If anything in this section conflicts with federal law or 29
regulation, the federal law or regulation shall prevail. 30
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20-17-1229. Reporting of organ procurement organization. 32
(a)(1) On or before January 31 of every year, an organ procurement 33
organization that procures or recovers organs or tissues in this state shall 34
submit a written report to the Legislative Council for the organ procurement 35
organization's most recent fiscal year. 36 As Engrossed: H3/19/25 S4/8/25 S4/9/25 HB1679
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(2) The report described in subdivision (a)(1) of this section shall 1
contain: 2
(A)(i) The number and types of organs and tissues 3
recovered by the organ procurement organization within this state during the 4
reporting period, together with a breakdown of the number of organs that were 5
donated by persons who had consented to donation prior to death and the 6
number of organs that were donated under § 20 -17-1209. 7
(ii) The organ procurement organization shall break down the number 8
and types of organs and tissues reported under subdivision (a)(2)(A)(i) of 9
this section by the number and types of organs and tissues which were used 10
for: 11
(a) Transplantation; 12
(b) Research; 13
(c) Education; and 14
(d) Any other purpose; 15
(B) The names of each organization to whom organs or 16
tissues were furnished by the organ procurement organization; 17
(C)(i) The total moneys paid to the organ procurement 18
organization in connection with all organs or tissues recovered or procured 19
by the organ procurement organization during the reporting period. 20
(ii) The organ procurement organization shall break 21
down the moneys paid to the organ procurement organization reported under 22
subdivision (a)(2)(C)(i) of this section by the category of moneys earned 23
from organs or tissues recovered or procured for: 24
(a) Transplantation; 25
(b) Research; 26
(c) Education; and 27
(d) Any other purpose; 28
(E) The number of instances in which the revocation of any 29
anatomical gift under § 20 -17-1228(a) was communicated to the organ 30
procurement organization; and 31
(F) The number of instances in which the revocation of any 32
anatomical gift under § 20 -17-1228(b) was communicated to the organ 33
procurement organization. 34
(b) The report under this section shall be presented by an executive 35
of the private procurement organization who shall be available to answer 36 As Engrossed: H3/19/25 S4/8/25 S4/9/25 HB1679
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questions of the Legislative Council unless excused or waived by the 1
Legislative Council. 2
(c) A private procurement organization that fails to timely report 3
pursuant to this section shall have its charter revoked by the Secretary of 4
State and shall be barred from engaging in organ procurement within this 5
state. 6
(d) The Secretary of State shall revoke the charter of an organ 7
procurement organization that fails to timely report under this section. 8
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/s/M. Brown 10
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APPROVED: 4/17/25 13
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