Browse Arkansas Code titles and sections
20-17-105. Organ donor privacy.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-105. Organ donor privacy.
(a) Information regarding the identity of an organ donor is confidential.
(b)(1) Confidentiality under this section may be waived by an individual who made the anatomical gift before a donor's death under § 20-17-1204 or by an individual who made the anatomical gift of a decedent's body or part under § 20-17-1209.
(2)(A) If the individual who made the anatomical gift under § 20-17-1204 or § 20-17-1209 is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section.
(B) If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-17-105
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 45674dc5766dd49808545f3afe7d2fae17958cc2f7ab2c5d96ecd7019583f528
Source location: content.xml paragraph 15127
Stored source content
20-17-105. Organ donor privacy.
(a) Information regarding the identity of an organ donor is confidential.
(b)(1) Confidentiality under this section may be waived by an individual who made the anatomical gift before a donor's death under § 20-17-1204 or by an individual who made the anatomical gift of a decedent's body or part under § 20-17-1209.
(2)(A) If the individual who made the anatomical gift under § 20-17-1204 or § 20-17-1209 is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section.
(B) If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1204. Who may make anatomical gift before donor's death.
Subject to § 20-17-1208, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 20-17-1205 by:
(1) the donor, if the donor is an adult or if the donor is a minor and is:
(A) emancipated; or
(B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;
(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor's guardian.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-1204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1209. Who may make anatomical gift of decedent's body or part.
(a) Subject to subsections (b) and (c) and unless barred by § 20-17-1207 or § 20-17-1208, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) an agent of the decedent at the time of death who could have made an anatomical gift under § 20-17-1204(2) immediately before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern for the decedent;
(9) the persons who were acting as the guardians of the person of the decedent at the time of death; and
(10) any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under § 20-17-1211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-1209. This identifies an authority to review, not proof of applicability.